Islamic Contract Law: Meaning of

Mal

in the Primary Sources of Shariah

Manfa‘ah

Can Be Considered Property

The primary sources of Shariah show that mal is not limited only to physical objects.

A lawful benefit, service, or useful knowledge (manfa‘ah) may also have recognised value. This means that something can be valuable in Islamic law even if it is not a physical item that can be held or stored.

Example from the Sunnah:

Mahr

Through Knowledge of the Qur’an

A woman came to the Prophet ﷺ and offered herself in marriage. A man then expressed his wish to marry her.

The Prophet ﷺ asked the man whether he had anything that he could give her as mahr.

The man had very little property. The Prophet ﷺ told him to look for something, even an iron ring, but he could not find anything suitable.

The Prophet ﷺ then asked whether he had memorised any part of the Qur’an.

The man replied that he knew several surahs.

The Prophet ﷺ then allowed the marriage on the basis of the Qur’anic knowledge that the man possessed.

Source of the Hadith

This narration is found in:

Sahih al-Bukhari, Hadith no. 5135, Book of Marriage (Kitab al-Nikah).

Hadith numbering may differ slightly depending on the edition, but Hadith 5135 is the reference used in your textbook.

What Does This Hadith Show?

The hadith shows that something valuable does not always have to be a physical object.

The man did not have:

• Money
• Gold
• Jewellery
• Other physical property to offer

However, he had knowledge of the Qur’an.

That knowledge could provide a benefit through teaching and sharing what he had memorised.

Therefore, the benefit arising from his knowledge can be understood as manfa‘ah.

This supports the idea that a lawful and valuable benefit may be recognised as having property value.

Meaning of

Manfa‘ah

Manfa‘ah means the:

• Benefit
• Use
• Service
• Advantage

that a person receives from an asset, skill, knowledge, or another person’s work.

Unlike physical property, manfa‘ah does not necessarily involve ownership of a physical object.

Examples of

Manfa‘ah

• Teaching the Qur’an
• Teaching a language
• Repairing a house
• Providing transportation
• Using a rented car
• Living in a rented house
• Using a shop for business

In each example, the person receives something useful and valuable, even though ownership of a physical object may not be transferred.

Manfa‘ah

in the

Mahr

Example

In the hadith, the valuable element was not a physical copy of the Qur’an.

Rather, the man possessed:

• Knowledge of the Qur’an
• The ability to teach what he knew
• A benefit that the woman could receive from that knowledge

Therefore, the manfa‘ah was the useful benefit arising from his knowledge.

The example shows that value in Shariah can exist in a service or benefit, not only in a physical asset.

Meaning of

Mahr

Mahr is the obligatory marital gift or entitlement that a husband gives, or agrees to give, to his wife in connection with the marriage.

It may commonly consist of:

• Money
• Gold
• Jewellery
• Property
• Other recognised forms of value

The hadith is important because it demonstrates that a valuable benefit or service may also be relevant, rather than limiting value only to physical property.

Relationship Between

Mal

and

Manfa‘ah

Mal generally refers to property or something recognised as having value.

Manfa‘ah refers to the benefit obtained from using property, knowledge, skills, or services.

Therefore:

A manfa‘ah may be treated as mal because the benefit itself has recognised value.

Example: A House

If Ahmad owns a house:

• The house itself is the physical asset, known as ‘ayn.
• The house is mal because it has value.

If Ahmad rents the house to Ali:

• Ahmad still owns the physical house.
• Ali receives the manfa‘ah, which is the right to live in and use the house.
• That benefit has value and may therefore be recognised as mal.

Connection with

Ijarah

The concept of manfa‘ah is especially important in ijarah, which involves leasing or hiring.

In an ijarah contract, a person often pays for the benefit of an asset or a service, rather than purchasing the physical asset itself.

Example: Renting a House

• The house itself = ‘ayn
• The right to live in the house = manfa‘ah
• The rent paid = ujrah

The tenant pays for the benefit of using the house, not for ownership of the house itself.

Example: Hiring a Teacher

A student hires a teacher.

The student does not buy a physical object from the teacher.

Instead, the student receives:

• The teacher’s time
• Knowledge
• Teaching service

This teaching service is a form of manfa‘ah because it provides a valuable benefit.

Importance in Islamic Contract Law

This hadith is important because it supports the idea that property value in Shariah is not limited to tangible objects.

It shows that:

• Physical property can be mal.
• A lawful benefit can have recognised value.
• Knowledge can create a valuable manfa‘ah.
• A service may have value even though it is not a physical object.
• Islamic contracts may therefore involve both physical assets and valuable benefits.

Simple Summary

The hadith concerning the man who knew portions of the Qur’an shows that valuable services and benefits may have recognised value in Shariah.

The idea can be remembered like this:

Man’s knowledge of the Qur’an

→ provides a service or benefit

→ that benefit is manfa‘ah

→ the manfa‘ah has recognised value

→ therefore, it supports the broader understanding that mal can include valuable benefits and not only physical property.

Easy Way to Remember

‘Ayn = the physical asset

Manfa‘ah = the benefit or use

Mal = recognised property or value

Hadith source: Sahih al-Bukhari, Hadith no. 5135, Book of Marriage (Kitab al-Nikah).