Islamic Contract Law: Definition of

Mal

in Hanafi Schools

Hanafi Definition of

Mal

According to Hanafi scholars, mal means:

Something that people normally desire to own and that can be stored for use when needed.

For something to be considered mal, it generally needs to fulfil two main conditions.

1. Desirability

• The item should be something that people want, value, or wish to own.
• It should provide some recognised benefit or usefulness.

Examples:

• Money
• Gold
• Clothes
• Houses
• Cars

These are generally desirable because people value and want to possess them.

2. Storability

• The item should be capable of being kept or stored for future use.
• It should be available when a person needs it later.

Examples:

• Money can be saved for future expenses.
• Gold can be kept and sold later.
• Rice can be stored and used when needed.

Limitations of the Hanafi Definition

Although this definition is clear, it has some weaknesses.

A. Desirability is Subjective

• Different people may desire different things.
• An item may still have value even if people do not normally wish to own it.
• Therefore, desirability alone may not be a reliable way to determine whether something is mal.

Example:

• A fire extinguisher may not be something a person normally desires for enjoyment.
• However, it is useful, valuable, and important in an emergency.
• This shows that something can still have property value even if it is not normally desired.

B. Some Valuable Things Cannot Be Stored for Long

• Certain items are valuable even though they cannot be kept for a long period.
• A strict requirement of storability may wrongly exclude them from the concept of mal.

Examples:

• Fresh fruits
• Fresh vegetables
• Other perishable food

These items are still valuable property even though they may spoil quickly.

C. Non-Physical Benefits May Be Excluded

• The storability condition may also exclude non-corporeal property, which refers to benefits or rights that are not physical objects.
• One important example is usufruct (manfa‘ah).

Usufruct (

Manfa‘ah

)

• Manfa‘ah means the benefit or right to use something without owning the actual property itself.

Example:

• A person rents a house for one year.
• The tenant does not own the house.
• However, the tenant has the right to live in and use the house during the rental period.
• This right of use is known as manfa‘ah.

Simple Summary

Under the Hanafi view, mal generally requires:

• Desirability → people normally want or value it.
• Storability → it can be kept for future use.

However, the definition may be too narrow because it can exclude:

• Useful things that people may not normally desire, such as a fire extinguisher.
• Valuable items that cannot be stored for long, such as fresh fruits and vegetables.
• Non-physical rights and benefits, such as usufruct (manfa‘ah).