Islamic Contract Law: Classification of Property (

Mal

)

Islamic scholars classify mal (property) in different ways depending on its characteristics.

Property may be classified according to:

• Whether it is used up after one use or can be used repeatedly
• Whether it has recognised value under Shariah
• Whether it is movable or immovable
• Whether it can be replaced by a similar item or is unique

There are four main classifications of mal.

1. Classification Based on Whether the Property Lasts

This classification looks at whether the property remains after being used.

Istihlaki

— Consumable Property

Istihlaki refers to property that is used up, destroyed, or exhausted after one use.

Once it is consumed, the same item cannot normally be used again.

Examples:

• Food
• Petrol
• Drinking water
• Soap
• Electricity

For example, once food is eaten, the same food cannot be used again.

Istihlaki = property that is consumed through use.

Isti‘mali

— Non-Consumable or Durable Property

Isti‘mali refers to property that can be used repeatedly without being destroyed after one use.

Examples:

• House
• Car
• Furniture
• Laptop
• Clothing

For example, a person can use the same house for many years.

Isti‘mali = property that remains after use and can be used repeatedly.

2. Classification Based on Value

This classification considers whether property has recognised value according to Shariah.

Mutaqawwim

— Shariah-Recognised Valuable Property

Mutaqawwim refers to property that:

• Has value, and
• Its use is recognised or permitted under Shariah.

Examples:

• House
• Car
• Halal food
• Clothing
• Gold

These items have recognised economic value and may generally be lawfully used.

Mutaqawwim = property with recognised lawful value under Shariah.

Ghayr Mutaqawwim

— Property Without Recognised Shariah Value

Ghayr mutaqawwim refers to something that may have economic value to some people but is not recognised as lawful valuable property under Shariah in the relevant context.

Example:

• Wine in relation to a Muslim’s lawful property dealings.

It may have a market price, but its prohibited use affects its recognition under Shariah.

Ghayr mutaqawwim = something whose value is not recognised by Shariah for lawful use.

3. Classification Based on Movability

This classification considers whether property can be moved from one place to another.

Manqul

— Movable Property

Manqul refers to property that can be physically transferred or moved from one place to another.

Examples:

• Car
• Mobile phone
• Furniture
• Jewellery
• Money

For example, a car can be moved from one location to another without destroying its essential nature.

Manqul = movable property.

Ghayr Manqul

— Immovable Property

Ghayr manqul refers to property that cannot normally be moved from one place to another without changing or destroying its nature.

Examples:

• Land
• House
• Building
• Permanent structures attached to land

For example, land cannot be physically moved to another location.

Ghayr manqul = immovable property.

4. Classification Based on Fungibility

This classification looks at whether property can be replaced by another similar item of the same type, quality, and quantity.

Mithli

— Fungible Property

Mithli refers to property that has similar equivalents readily available in the market.

If it is lost or destroyed, it can usually be replaced with another item of the same kind, quality, and quantity.

Examples:

• Rice
• Sugar
• Flour
• Standard manufactured goods
• Money

For example, if someone owes another person 5 kilograms of a standard type of rice, they can normally replace it with another 5 kilograms of the same type and quality.

Mithli = property that can be replaced by an equivalent.

Qimi

— Non-Fungible or Unique Property

Qimi refers to property that does not have an exact or sufficiently similar replacement in the market.

Its value may depend on its individual characteristics.

Examples:

• A unique painting
• Antique furniture
• A rare collector’s item
• A particular used house
• A unique piece of jewellery

For example, if a rare handmade painting is destroyed, another painting may not be an exact substitute because each one is unique.

Qimi = property that is valued individually because an equivalent replacement may not exist.

Simple Summary

The four main ways of classifying mal are:

Based on lasting after use

• Istihlaki → consumed after use
• Isti‘mali → can be used repeatedly

Based on Shariah-recognised value

• Mutaqawwim → has recognised lawful value
• Ghayr mutaqawwim → does not have recognised lawful value in the relevant Shariah context

Based on movability

• Manqul → movable
• Ghayr manqul → immovable

Based on replaceability

• Mithli → replaceable with a similar equivalent
• Qimi → unique or not easily replaced

Easy Way to Remember

Lasting → Istihlaki / Isti‘mali

Value → Mutaqawwim / Ghayr Mutaqawwim

Movement → Manqul / Ghayr Manqul

Replacement → Mithli / Qimi