Islamic Contract Law: The Preferred Definition and Main Forms of

Mal

Preferred Definition of

Mal

After considering the different opinions of Islamic jurists, the stronger view is that:

Mal is anything that has recognised value among people.

This means that mal is not limited only to physical objects.

Something may be considered mal if people recognise that it has value, even if it is:

• A physical object
• A benefit or service
• A legal right
• Something that cannot be physically touched

Under this wider definition, mal may include physical property (‘ayn), benefit or usufruct (manfa‘ah), and rights (haqq).

Why This Definition Is Broader

Some earlier definitions of mal required property to be:

• Capable of being stored
• Capable of being sold
• Permissible under Shariah
• Physically possessed

The broader view focuses mainly on whether the thing has recognised value among people.

Therefore, valuable non-physical interests may also be included within the concept of mal.

Main Forms of

Mal

There are three main forms:

1. ‘Ayn — physical property
2. Manfa‘ah — benefit or usufruct
3. Haqq — a recognised right

1.

‘Ayn

— Physical Property

‘Ayn refers to property that has a physical existence.

It is something that can normally be seen, touched, and possessed.

Examples

• House
• Car
• Land
• Gold
• Furniture
• Mobile phone

Example

If Ahmad owns a car:

• The car physically exists.
• Ahmad owns the car.
• The car has recognised value.

Therefore:

The car is ‘ayn, and it is also mal.

Easy Meaning

‘Ayn = the physical thing itself.

2.

Manfa‘ah

— Benefit or Usufruct

Manfa‘ah means the benefit, use, or service obtained from something.

Unlike ‘ayn, the manfa‘ah itself is not a physical object. However, it can still have value.

Example: Renting a Car

Suppose Ahmad owns a car and rents it to Ali for three days.

• Ahmad still owns the physical car.
• Ali does not become the owner of the car.
• Ali receives the right to use the car for three days.

That right to use the car is manfa‘ah.

Therefore:

Car itself = ‘ayn

Right to use the car = manfa‘ah

Both can have recognised value and therefore fall within the broader concept of mal.

Ownership in a Rental

When Ali rents the car:

• Ali may use the car according to the rental agreement.
• Ali does not own the physical car.
• Ali cannot sell the car because it still belongs to Ahmad.
• Ali only receives the benefit of using it for the agreed period.

Therefore, Islamic contract law distinguishes between:

Ownership of the physical asset and the right to enjoy its benefit.

Other Examples of

Manfa‘ah

Renting a House

• House itself = ‘ayn
• Right to live in the house = manfa‘ah

Hiring a Teacher

• The teaching service = manfa‘ah

Hiring a Driver

• The transportation service = manfa‘ah

Renting Machinery

• Machine itself = ‘ayn
• Right to use the machine = manfa‘ah

Therefore:

Manfa‘ah may be considered mal because the benefit itself has recognised value.

3.

Haqq

— A Recognised Right

Haqq means a right or legal entitlement recognised over property or another valuable interest.

A person does not necessarily need to own the physical property in order to have a haqq connected to it.

Example: Right of Passage

Suppose Ahmad owns a house, but he needs to cross part of his neighbour’s land to reach the main road.

If Ahmad has a recognised right to use that pathway, this is called:

Haqq al-murur — the right of passage.

Ahmad does not own his neighbour’s land.

However, he has the recognised right to pass through it.

Because this right provides a valuable benefit, it can fall within the broader concept of mal.

Other Examples of

Haqq

A person may have a recognised right to:

• Use a passageway
• Access a certain property
• Use a particular facility
• Carry out business in a particular place
• Exercise another recognised property-related right

The person may not own the physical property, but the right itself can have value.

Understanding the Three Forms Together

Suppose Ahmad owns a shop.

‘Ayn

The shop building itself is ‘ayn because it physically exists.

Manfa‘ah

If Ahmad rents the shop to Ali, Ali receives the right to use the shop for business. This benefit is manfa‘ah.

Haqq

If the shop has a recognised right of access through another person’s land, that access right is haqq.

Therefore, all three may have recognised value even though they are different.

Importance in Islamic Contract Law

The broader definition of mal is important because many modern transactions involve more than physical objects.

People may deal with:

• Rental benefits
• Services
• Usage rights
• Access rights
• Other valuable legal entitlements

If mal were limited only to physical property, these valuable interests could be excluded.

The broader view therefore recognises that value can exist in a physical thing, a benefit, or a legal right.

Simple Summary

The preferred definition is:

Mal is anything that has recognised value among people.

It may take three main forms:

‘Ayn

The physical property itself.

Example: a car.

Manfa‘ah

The benefit or use of property or a service.

Example: the right to use a rented car.

Haqq

A recognised legal right.

Example: the right to use a passageway through another person’s land.

Easy Way to Remember

‘Ayn = the thing itself

Manfa‘ah = the benefit from the thing

Haqq = the right connected to the thing

All three may fall under mal when they have recognised value.