- Published on
KembaraXtra – Legal Terms – Priority of Time
The doctrine of priority of time is based upon the equitable maxim qui prior est tempore potior est jure, meaning “he who is earlier in time is stronger in law.” The principle applies primarily where there are competing equitable interests over the same property or right. Under this rule, the first equitable interest created generally takes priority over later interests. For example, where a property owner grants two equitable mortgages over the same land, the earlier mortgage will ordinarily rank ahead of the later one. The doctrine reflects the equitable idea that earlier rights deserve protection against subsequent claims. It therefore promotes certainty and fairness in dealings involving property and equitable interests.
However, the principle is not absolute and may be displaced by several important exceptions. A purchaser for value without notice of an earlier equitable interest may sometimes obtain priority despite being later in time. Likewise, fraud, estoppel, gross negligence, registration rules, and overreaching may alter the normal order of priority. Equity therefore considers both timing and fairness when resolving disputes between competing interests. Courts examine the conduct of the parties, the nature of the interests involved, and whether proper notice or registration requirements were followed. The doctrine of priority of time remains one of the central organizing principles of equitable property law and continues to influence modern land transactions and trust disputes.
The doctrine of priority of time is based upon the equitable maxim qui prior est tempore potior est jure, meaning “he who is earlier in time is stronger in law.” The principle applies primarily where there are competing equitable interests over the same property or right. Under this rule, the first equitable interest created generally takes priority over later interests. For example, where a property owner grants two equitable mortgages over the same land, the earlier mortgage will ordinarily rank ahead of the later one. The doctrine reflects the equitable idea that earlier rights deserve protection against subsequent claims. It therefore promotes certainty and fairness in dealings involving property and equitable interests.
However, the principle is not absolute and may be displaced by several important exceptions. A purchaser for value without notice of an earlier equitable interest may sometimes obtain priority despite being later in time. Likewise, fraud, estoppel, gross negligence, registration rules, and overreaching may alter the normal order of priority. Equity therefore considers both timing and fairness when resolving disputes between competing interests. Courts examine the conduct of the parties, the nature of the interests involved, and whether proper notice or registration requirements were followed. The doctrine of priority of time remains one of the central organizing principles of equitable property law and continues to influence modern land transactions and trust disputes.
- Published on
KembaraXtra – Legal Terms – Privileged Communication
A privileged communication is a communication protected by law from disclosure or liability in certain circumstances. One category involves confidential official communications that may be withheld from court proceedings where disclosure would harm the public interest. Such protection ensures that sensitive governmental matters, national security issues, or confidential state affairs are not exposed unnecessarily during litigation. Another category concerns confidential communications made within protected professional or personal relationships, such as between solicitor and client. In these situations, the law recognizes that confidentiality is essential to maintaining trust and effective professional advice. Consequently, evidence of such communications cannot usually be given in court without the consent of the person entitled to the privilege.
Privileged communication also has importance in the law of defamation. Certain statements are protected by either absolute privilege or qualified privilege. Absolute privilege provides complete protection from defamation claims regardless of motive, such as statements made during parliamentary debates or judicial proceedings. Qualified privilege, on the other hand, protects communications made in good faith where the maker has a legal, moral, or social duty to communicate the information. The law balances freedom of communication with the protection of reputation by limiting privilege to situations where confidentiality or public interest justifies the protection. Privileged communications therefore play a central role in safeguarding legal rights, professional relationships, and freedom of expression within the justice system.
A privileged communication is a communication protected by law from disclosure or liability in certain circumstances. One category involves confidential official communications that may be withheld from court proceedings where disclosure would harm the public interest. Such protection ensures that sensitive governmental matters, national security issues, or confidential state affairs are not exposed unnecessarily during litigation. Another category concerns confidential communications made within protected professional or personal relationships, such as between solicitor and client. In these situations, the law recognizes that confidentiality is essential to maintaining trust and effective professional advice. Consequently, evidence of such communications cannot usually be given in court without the consent of the person entitled to the privilege.
Privileged communication also has importance in the law of defamation. Certain statements are protected by either absolute privilege or qualified privilege. Absolute privilege provides complete protection from defamation claims regardless of motive, such as statements made during parliamentary debates or judicial proceedings. Qualified privilege, on the other hand, protects communications made in good faith where the maker has a legal, moral, or social duty to communicate the information. The law balances freedom of communication with the protection of reputation by limiting privilege to situations where confidentiality or public interest justifies the protection. Privileged communications therefore play a central role in safeguarding legal rights, professional relationships, and freedom of expression within the justice system.
- Published on
KembaraXtra – Legal Terms – Priority of Mortgages
The priority of mortgages refers to the legal order in which multiple mortgages over the same property are ranked and enforced. This issue becomes particularly important where the value of the property is insufficient to satisfy all secured debts in full. Historically, priority often depended upon the chronological order in which mortgages were created. However, modern land law has significantly changed these rules, especially regarding registered land. Under the system of land registration, the order of priority is generally determined by the sequence in which mortgages are registered. Earlier registered mortgages normally take precedence over later registered interests. This system provides certainty, transparency, and security for lenders and purchasers alike.
In the case of unregistered land, the rules are somewhat different because the first mortgagee usually retains possession of the title deeds. Possession of the deeds historically provided notice of the earlier mortgage and helped establish priority over subsequent lenders. Nevertheless, certain interests may still gain priority through registration as land charges or through equitable principles. Additional doctrines such as notice, fraud, estoppel, overreaching, and tacking may also affect the order of priority between competing mortgagees. The law therefore balances strict registration rules with equitable considerations designed to prevent unfairness. Determining mortgage priority is particularly important during repossession or sale of property where proceeds must be distributed among competing lenders.
The priority of mortgages refers to the legal order in which multiple mortgages over the same property are ranked and enforced. This issue becomes particularly important where the value of the property is insufficient to satisfy all secured debts in full. Historically, priority often depended upon the chronological order in which mortgages were created. However, modern land law has significantly changed these rules, especially regarding registered land. Under the system of land registration, the order of priority is generally determined by the sequence in which mortgages are registered. Earlier registered mortgages normally take precedence over later registered interests. This system provides certainty, transparency, and security for lenders and purchasers alike.
In the case of unregistered land, the rules are somewhat different because the first mortgagee usually retains possession of the title deeds. Possession of the deeds historically provided notice of the earlier mortgage and helped establish priority over subsequent lenders. Nevertheless, certain interests may still gain priority through registration as land charges or through equitable principles. Additional doctrines such as notice, fraud, estoppel, overreaching, and tacking may also affect the order of priority between competing mortgagees. The law therefore balances strict registration rules with equitable considerations designed to prevent unfairness. Determining mortgage priority is particularly important during repossession or sale of property where proceeds must be distributed among competing lenders.
- Published on
Islamic Law of Transaction - Meaning of Sale
A sale (bayʿ) means exchanging one item for another. In Arabic, the word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because during a sale a person stretches out his arm to give or receive something. Another explanation is that people would stretch out their hands to shake hands after completing a sale. Because of this, another Arabic word used for a sale agreement is ṣafqa, which literally means “a handshake.”
A sale (bayʿ) means exchanging one item for another. In Arabic, the word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because during a sale a person stretches out his arm to give or receive something. Another explanation is that people would stretch out their hands to shake hands after completing a sale. Because of this, another Arabic word used for a sale agreement is ṣafqa, which literally means “a handshake.”
- Published on
KembaraXtra – Legal Terms – Prize Court
A prize court is a municipal court exercising jurisdiction over captured ships, aircraft, or goods seized during wartime under the rules of international law. Prize law permits a belligerent state to capture and confiscate enemy property at sea and, in certain circumstances, neutral property suspected of carrying contraband or breaching a blockade. The function of the prize court is to determine whether such captures were lawful according to international law. Historically, prize courts played an important role during naval warfare when maritime trade and shipping were central to military and economic strategy. The courts ensured that seizures by naval or air forces were subject to legal scrutiny rather than left entirely to military discretion. Prize proceedings therefore formed part of the legal regulation of armed conflict at sea.
In England, the High Court was constituted as a prize court under the Supreme Court of Judicature legislation. Jurisdiction originally belonged to the Probate, Divorce and Admiralty Division before being transferred to the Admiralty Court within the Queen’s Bench Division. Appeals from prize decisions are heard by the Judicial Committee of the Privy Council. Prize courts apply principles derived from international law, including rules concerning contraband, neutrality, blockade, and enemy property. Although prize litigation is relatively rare in modern times, the existence of prize courts reflects the continuing relationship between domestic courts and international law during armed conflict. Their historical role highlights the importance of judicial supervision in matters involving warfare and state power.
A prize court is a municipal court exercising jurisdiction over captured ships, aircraft, or goods seized during wartime under the rules of international law. Prize law permits a belligerent state to capture and confiscate enemy property at sea and, in certain circumstances, neutral property suspected of carrying contraband or breaching a blockade. The function of the prize court is to determine whether such captures were lawful according to international law. Historically, prize courts played an important role during naval warfare when maritime trade and shipping were central to military and economic strategy. The courts ensured that seizures by naval or air forces were subject to legal scrutiny rather than left entirely to military discretion. Prize proceedings therefore formed part of the legal regulation of armed conflict at sea.
In England, the High Court was constituted as a prize court under the Supreme Court of Judicature legislation. Jurisdiction originally belonged to the Probate, Divorce and Admiralty Division before being transferred to the Admiralty Court within the Queen’s Bench Division. Appeals from prize decisions are heard by the Judicial Committee of the Privy Council. Prize courts apply principles derived from international law, including rules concerning contraband, neutrality, blockade, and enemy property. Although prize litigation is relatively rare in modern times, the existence of prize courts reflects the continuing relationship between domestic courts and international law during armed conflict. Their historical role highlights the importance of judicial supervision in matters involving warfare and state power.
- Published on
Islamic Law of Transaction - Definition of Sale According to Islamic Jurists
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because people stretch out their arms to give or receive items during a sale. Another explanation is that people would shake hands after completing a deal. Because of this, another Arabic term for a sale agreement is ṣafqa, which literally means “a handshake.”
According to the Hanafi School jurists, a sale means exchanging a lawful and owned item (māl) for another item in a specific and beneficial way. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they have no recognised value in Islamic law.
Case Scenario
Ahmad owns a bicycle and sells it to Bilal for RM500. Both items have value, are owned lawfully, and the exchange benefits both parties. This is considered a valid sale in Islamic law.
However, if Ahmad exchanges one RM10 note for another identical RM10 note with no added benefit, this would not normally be considered a sale because there is no real exchange of value. Likewise, selling something without recognised value, such as a dead animal, would not be a valid sale under Islamic law.
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because people stretch out their arms to give or receive items during a sale. Another explanation is that people would shake hands after completing a deal. Because of this, another Arabic term for a sale agreement is ṣafqa, which literally means “a handshake.”
According to the Hanafi School jurists, a sale means exchanging a lawful and owned item (māl) for another item in a specific and beneficial way. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they have no recognised value in Islamic law.
Case Scenario
Ahmad owns a bicycle and sells it to Bilal for RM500. Both items have value, are owned lawfully, and the exchange benefits both parties. This is considered a valid sale in Islamic law.
However, if Ahmad exchanges one RM10 note for another identical RM10 note with no added benefit, this would not normally be considered a sale because there is no real exchange of value. Likewise, selling something without recognised value, such as a dead animal, would not be a valid sale under Islamic law.
- Published on
Islamic Law of Transaction - Charity, Honesty, and Ethical Conduct in Sales
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, meaning “arm,” because people stretch out their arms to give or receive items during a transaction. Another explanation is that people used to shake hands after completing a deal. Because of this, another Arabic word for a sale agreement is ṣafqa, which literally means “a handshake.”
Sales and trade are lawful and permitted in Islam. Their legitimacy is supported by the Qur’an, the Sunnah (teachings and traditions of Prophet Muhammad ﷺ), and the consensus (ijmāʿ) of Islamic jurists.
The Qur’an clearly allows trade and commercial transactions. Allah says: “But Allah has permitted trade” [2:275]. The Qur’an also encourages proper commercial dealings by stating: “Take witnesses whenever you make a commercial contract” [2:282]. Another verse says: “Let there be trade among you by mutual consent” [4:29]. Allah also says: “It is no crime for you to seek the bounty of your Lord” [2:198], meaning that earning through lawful trade and business is permissible.
The Sunnah of Prophet Muhammad ﷺ also supports lawful trade. The Prophet ﷺ was once asked which type of income is the best. He replied that the best income comes from a person’s own work and from every lawful and honest sale, meaning a transaction free from cheating and betrayal.
In another Ḥadīth, the Prophet ﷺ said: “A sale must be by mutual consent.” This shows that both the buyer and seller must willingly agree to the transaction without force or deception.
The Prophet ﷺ also accepted trade as a normal and lawful activity among people during his time. He praised honest business people by saying that a truthful and trustworthy trader will be among the prophets, the righteous, and the martyrs in the Hereafter. This Ḥadīth was narrated by Al-Tirmidhi and classified as ḥasan (good).
There is also agreement (ijmāʿ) among Muslims that sales are permissible. Islamic scholars agree that trade is necessary because it helps people fulfil their needs by cooperating and exchanging goods and services with one another. Therefore, the general rule in Islamic law is that all sales are permissible unless there is clear evidence that a specific type of sale is forbidden.
Al-Shafi‘i explained that the basic rule for all sales is permissibility as long as the transaction is carried out by capable people who willingly consent to it. However, any type of sale specifically prohibited by Prophet Muhammad ﷺ, or anything very similar to a prohibited transaction, is not allowed. Anything outside those prohibited matters remains lawful based on the Qur’anic verses that permit trade and commercial dealings.
According to the Hanafi School jurists, a sale is the exchange of a lawful and owned item (māl) for another item in a beneficial and specific manner. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they are not considered valuable in Islamic law.
The Hanafi jurists also explained that a commodity or property (māl) must be something desirable and capable of being stored for future use. An object can be recognised as property if people generally see it as useful and valuable.
Mustafa Al-Zarqa criticised this definition and suggested a broader meaning. He defined property as any identifiable object that has material value to people.
Based on the Hanafi view, services and simple rights are not usually considered commodities because they are not physical objects that can be stored. However, the majority of Islamic jurists (fuqahāʾ) consider services and rights capable of ownership because the real benefit of physical property often comes from its use (usufruct).
Al-Nawawi defined a sale as the exchange of one owned item for another together with the transfer of ownership from one person to another.
Similarly, Ibn Qudamah defined a sale as an exchange that not only transfers ownership, but also allows the new owner to take possession of the item.
In all cases, a sale in Islamic law must be based on a contract that includes an offer (ījāb) and an acceptance (qabūl) between the parties involved.
Islamic Ethics, Charity, and Proper Conduct in Sales
Islam places great importance on honesty, fairness, mercy, and good manners in business transactions.
One important ethical principle is avoiding excessive profit and unfair advantage over buyers. Islam allows traders to make reasonable profit, but it discourages exploitation and cheating. The Maliki School scholars explained that excessive unfairness may exist when profit reaches one third or more above the normal value. Therefore, profit within reasonable limits is generally acceptable.
Another important principle is truthful and complete disclosure of information. A seller must provide honest and complete details about the product, including its type, origin, quality, condition, and cost. Hiding defects, giving false information, or misleading customers goes against Islamic business ethics.
Al-Tirmidhi narrated a Ḥadīth on the authority of Rifāʿah in which the Prophet ﷺ said that most merchants will be resurrected on the Day of Judgment as sinners except those who fear Allah, deal kindly with customers, and speak truthfully in their business transactions.
Islam also encourages ease and kindness in buying and selling. Sellers and buyers should not be too harsh in negotiations or place unreasonable conditions on one another. They should avoid demanding prices that are unfairly high or unrealistically low.
Al-Bukhari narrated on the authority of Jābir that the Prophet ﷺ said: “Allah shows mercy to a person who is easy and gentle when selling, buying, and collecting debts.” This Ḥadīth teaches Muslims to act with patience, kindness, and flexibility in financial dealings.
Islam further teaches Muslims to avoid swearing by the name of Allah during sales, even if the person is speaking truthfully. Using Allah’s name frequently in business transactions is considered disrespectful and not suitable for the honour of Allah’s name.
The Qur’an criticises the misuse of oaths by saying: “Do not use Allah’s name in your oaths as an excuse against doing good, acting rightly, or making peace between people” [2:224].
In another Ḥadīth narrated by Al-Bukhari and Muslim ibn al-Hajjaj on the authority of Abū Hurayrah, the Prophet ﷺ said: “Swearing may help sell goods, but it removes their blessings.” This means that even if swearing helps attract buyers, it can remove the spiritual blessings (barakah) from the business.
Islam also encourages merchants to give charity regularly. Traders may sometimes fall into mistakes such as swearing, hiding information, cheating, poor behaviour, or taking excessive profit during business transactions. Giving charity helps cleanse and purify their earnings and actions.
Al-Tirmidhi, Abu Dawud, and Ibn Majah narrated a Ḥadīth on the authority of Qays ibn Abī Gharzah in which the Prophet ﷺ said: “O merchants, sins and wrongdoing are present in trade, so purify your sales with charity.” This teaches that charity is an important way to seek forgiveness and blessings in business dealings.
These teachings encourage Muslims to rely on honesty, trustworthiness, kindness, charity, and good character rather than greed, deception, or excessive oaths in trade.
Case Scenario: Ethical Business and Charity in Trade
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Ahmad offers to sell the bicycle, and Bilal willingly accepts the offer. Ahmad honestly informs Bilal that the bicycle has a small scratch and that one brake needs repair. During the discussion, Bilal asks for a small discount because he is a student, and Ahmad kindly agrees. Ahmad also avoids swearing by Allah to convince Bilal to buy the bicycle. This transaction reflects Islamic teachings of honesty, fairness, ease, and mutual consent.
After completing several sales during the month, Ahmad realises that he may have spoken harshly to some customers or charged slightly high prices in certain situations. To seek Allah’s forgiveness and purify his earnings, he gives part of his profit to charity. This follows the Islamic teaching that charity helps cleanse mistakes that may occur in business dealings.
In another example, Sarah pays a tutor for online teaching services. Although Hanafi jurists may not classify services as physical commodities, the majority of Islamic scholars allow such transactions because the service provides recognised value and benefit.
However, if Ahmad hides major defects in the bicycle, falsely claims that it is new, swears repeatedly by Allah to convince Bilal, cheats customers, or demands extremely unreasonable prices to exploit buyers, he would be violating Islamic business ethics. Likewise, forcing someone into a transaction, dealing harshly, or selling prohibited and worthless items such as dead animals or dust would not be regarded as proper or valid conduct in Islamic law.
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, meaning “arm,” because people stretch out their arms to give or receive items during a transaction. Another explanation is that people used to shake hands after completing a deal. Because of this, another Arabic word for a sale agreement is ṣafqa, which literally means “a handshake.”
Sales and trade are lawful and permitted in Islam. Their legitimacy is supported by the Qur’an, the Sunnah (teachings and traditions of Prophet Muhammad ﷺ), and the consensus (ijmāʿ) of Islamic jurists.
The Qur’an clearly allows trade and commercial transactions. Allah says: “But Allah has permitted trade” [2:275]. The Qur’an also encourages proper commercial dealings by stating: “Take witnesses whenever you make a commercial contract” [2:282]. Another verse says: “Let there be trade among you by mutual consent” [4:29]. Allah also says: “It is no crime for you to seek the bounty of your Lord” [2:198], meaning that earning through lawful trade and business is permissible.
The Sunnah of Prophet Muhammad ﷺ also supports lawful trade. The Prophet ﷺ was once asked which type of income is the best. He replied that the best income comes from a person’s own work and from every lawful and honest sale, meaning a transaction free from cheating and betrayal.
In another Ḥadīth, the Prophet ﷺ said: “A sale must be by mutual consent.” This shows that both the buyer and seller must willingly agree to the transaction without force or deception.
The Prophet ﷺ also accepted trade as a normal and lawful activity among people during his time. He praised honest business people by saying that a truthful and trustworthy trader will be among the prophets, the righteous, and the martyrs in the Hereafter. This Ḥadīth was narrated by Al-Tirmidhi and classified as ḥasan (good).
There is also agreement (ijmāʿ) among Muslims that sales are permissible. Islamic scholars agree that trade is necessary because it helps people fulfil their needs by cooperating and exchanging goods and services with one another. Therefore, the general rule in Islamic law is that all sales are permissible unless there is clear evidence that a specific type of sale is forbidden.
Al-Shafi‘i explained that the basic rule for all sales is permissibility as long as the transaction is carried out by capable people who willingly consent to it. However, any type of sale specifically prohibited by Prophet Muhammad ﷺ, or anything very similar to a prohibited transaction, is not allowed. Anything outside those prohibited matters remains lawful based on the Qur’anic verses that permit trade and commercial dealings.
According to the Hanafi School jurists, a sale is the exchange of a lawful and owned item (māl) for another item in a beneficial and specific manner. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they are not considered valuable in Islamic law.
The Hanafi jurists also explained that a commodity or property (māl) must be something desirable and capable of being stored for future use. An object can be recognised as property if people generally see it as useful and valuable.
Mustafa Al-Zarqa criticised this definition and suggested a broader meaning. He defined property as any identifiable object that has material value to people.
Based on the Hanafi view, services and simple rights are not usually considered commodities because they are not physical objects that can be stored. However, the majority of Islamic jurists (fuqahāʾ) consider services and rights capable of ownership because the real benefit of physical property often comes from its use (usufruct).
Al-Nawawi defined a sale as the exchange of one owned item for another together with the transfer of ownership from one person to another.
Similarly, Ibn Qudamah defined a sale as an exchange that not only transfers ownership, but also allows the new owner to take possession of the item.
In all cases, a sale in Islamic law must be based on a contract that includes an offer (ījāb) and an acceptance (qabūl) between the parties involved.
Islamic Ethics, Charity, and Proper Conduct in Sales
Islam places great importance on honesty, fairness, mercy, and good manners in business transactions.
One important ethical principle is avoiding excessive profit and unfair advantage over buyers. Islam allows traders to make reasonable profit, but it discourages exploitation and cheating. The Maliki School scholars explained that excessive unfairness may exist when profit reaches one third or more above the normal value. Therefore, profit within reasonable limits is generally acceptable.
Another important principle is truthful and complete disclosure of information. A seller must provide honest and complete details about the product, including its type, origin, quality, condition, and cost. Hiding defects, giving false information, or misleading customers goes against Islamic business ethics.
Al-Tirmidhi narrated a Ḥadīth on the authority of Rifāʿah in which the Prophet ﷺ said that most merchants will be resurrected on the Day of Judgment as sinners except those who fear Allah, deal kindly with customers, and speak truthfully in their business transactions.
Islam also encourages ease and kindness in buying and selling. Sellers and buyers should not be too harsh in negotiations or place unreasonable conditions on one another. They should avoid demanding prices that are unfairly high or unrealistically low.
Al-Bukhari narrated on the authority of Jābir that the Prophet ﷺ said: “Allah shows mercy to a person who is easy and gentle when selling, buying, and collecting debts.” This Ḥadīth teaches Muslims to act with patience, kindness, and flexibility in financial dealings.
Islam further teaches Muslims to avoid swearing by the name of Allah during sales, even if the person is speaking truthfully. Using Allah’s name frequently in business transactions is considered disrespectful and not suitable for the honour of Allah’s name.
The Qur’an criticises the misuse of oaths by saying: “Do not use Allah’s name in your oaths as an excuse against doing good, acting rightly, or making peace between people” [2:224].
In another Ḥadīth narrated by Al-Bukhari and Muslim ibn al-Hajjaj on the authority of Abū Hurayrah, the Prophet ﷺ said: “Swearing may help sell goods, but it removes their blessings.” This means that even if swearing helps attract buyers, it can remove the spiritual blessings (barakah) from the business.
Islam also encourages merchants to give charity regularly. Traders may sometimes fall into mistakes such as swearing, hiding information, cheating, poor behaviour, or taking excessive profit during business transactions. Giving charity helps cleanse and purify their earnings and actions.
Al-Tirmidhi, Abu Dawud, and Ibn Majah narrated a Ḥadīth on the authority of Qays ibn Abī Gharzah in which the Prophet ﷺ said: “O merchants, sins and wrongdoing are present in trade, so purify your sales with charity.” This teaches that charity is an important way to seek forgiveness and blessings in business dealings.
These teachings encourage Muslims to rely on honesty, trustworthiness, kindness, charity, and good character rather than greed, deception, or excessive oaths in trade.
Case Scenario: Ethical Business and Charity in Trade
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Ahmad offers to sell the bicycle, and Bilal willingly accepts the offer. Ahmad honestly informs Bilal that the bicycle has a small scratch and that one brake needs repair. During the discussion, Bilal asks for a small discount because he is a student, and Ahmad kindly agrees. Ahmad also avoids swearing by Allah to convince Bilal to buy the bicycle. This transaction reflects Islamic teachings of honesty, fairness, ease, and mutual consent.
After completing several sales during the month, Ahmad realises that he may have spoken harshly to some customers or charged slightly high prices in certain situations. To seek Allah’s forgiveness and purify his earnings, he gives part of his profit to charity. This follows the Islamic teaching that charity helps cleanse mistakes that may occur in business dealings.
In another example, Sarah pays a tutor for online teaching services. Although Hanafi jurists may not classify services as physical commodities, the majority of Islamic scholars allow such transactions because the service provides recognised value and benefit.
However, if Ahmad hides major defects in the bicycle, falsely claims that it is new, swears repeatedly by Allah to convince Bilal, cheats customers, or demands extremely unreasonable prices to exploit buyers, he would be violating Islamic business ethics. Likewise, forcing someone into a transaction, dealing harshly, or selling prohibited and worthless items such as dead animals or dust would not be regarded as proper or valid conduct in Islamic law.
- Published on
- KembaraXtra – Legal Terms – Procure
Historically, the term “procure” was also used in offences relating to prostitution and prohibited sexual activity. Under older criminal legislation, procuring involved inducing or persuading individuals to become prostitutes or engage in unlawful sexual conduct. However, many of these former procurement offences were replaced by new offences under the Sexual Offences Act 2003. The concept of procurement nevertheless remains important within the broader doctrine of secondary participation in criminal law. It demonstrates that criminal liability may arise not only from direct action but also from intentionally causing or facilitating the unlawful acts of others.
- Published on
KembaraXtra – Legal Terms – Procuring Disclosure of Personal Data
Procuring disclosure of personal data refers to the unlawful obtaining of personal information about an individual where the person obtaining the data knows or believes that they are not authorized to receive it. The offence commonly arises in situations involving misuse of computer-stored information or breaches of data protection legislation. A person commits the offence if they intentionally secure access to protected personal data without lawful authority. Additional offences may occur where unlawfully obtained data is offered for sale, sold, or otherwise distributed. These rules exist to safeguard privacy and protect individuals from misuse of confidential information. The offence therefore forms part of broader legal protections relating to data protection and information security.
Modern societies increasingly rely on computerized databases containing sensitive personal information such as medical records, financial details, employment histories, and communications data. Unauthorized disclosure or acquisition of such information can cause serious harm, including identity theft, fraud, blackmail, or invasions of privacy. Data protection laws impose duties on organizations and individuals handling personal information to ensure confidentiality and lawful processing. Criminal sanctions for procuring disclosure of personal data help deter unauthorized access and reinforce public confidence in information systems. The offence reflects the growing importance of privacy rights and digital security within contemporary legal systems.
Procuring disclosure of personal data refers to the unlawful obtaining of personal information about an individual where the person obtaining the data knows or believes that they are not authorized to receive it. The offence commonly arises in situations involving misuse of computer-stored information or breaches of data protection legislation. A person commits the offence if they intentionally secure access to protected personal data without lawful authority. Additional offences may occur where unlawfully obtained data is offered for sale, sold, or otherwise distributed. These rules exist to safeguard privacy and protect individuals from misuse of confidential information. The offence therefore forms part of broader legal protections relating to data protection and information security.
Modern societies increasingly rely on computerized databases containing sensitive personal information such as medical records, financial details, employment histories, and communications data. Unauthorized disclosure or acquisition of such information can cause serious harm, including identity theft, fraud, blackmail, or invasions of privacy. Data protection laws impose duties on organizations and individuals handling personal information to ensure confidentiality and lawful processing. Criminal sanctions for procuring disclosure of personal data help deter unauthorized access and reinforce public confidence in information systems. The offence reflects the growing importance of privacy rights and digital security within contemporary legal systems.
- Published on
Islamic Law of Transaction - Documentation, Witnessing, and Ethical Conduct in Sales
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, meaning “arm,” because people stretch out their arms to give or receive items during a transaction. Another explanation is that people used to shake hands after completing a deal. Because of this, another Arabic word for a sale agreement is ṣafqa, which literally means “a handshake.”
Sales and trade are lawful and permitted in Islam. Their legitimacy is supported by the Qur’an, the Sunnah (teachings and traditions of Prophet Muhammad ﷺ), and the consensus (ijmāʿ) of Islamic jurists.
The Qur’an clearly allows trade and commercial transactions. Allah says: “But Allah has permitted trade” [2:275]. The Qur’an also encourages proper commercial dealings by stating: “Take witnesses whenever you make a commercial contract” [2:282]. Another verse says: “Let there be trade among you by mutual consent” [4:29]. Allah also says: “It is no crime for you to seek the bounty of your Lord” [2:198], meaning that earning through lawful trade and business is permissible.
The Sunnah of Prophet Muhammad ﷺ also supports lawful trade. The Prophet ﷺ was once asked which type of income is the best. He replied that the best income comes from a person’s own work and from every lawful and honest sale, meaning a transaction free from cheating and betrayal.
In another Ḥadīth, the Prophet ﷺ said: “A sale must be by mutual consent.” This shows that both the buyer and seller must willingly agree to the transaction without force or deception.
The Prophet ﷺ also accepted trade as a normal and lawful activity among people during his time. He praised honest business people by saying that a truthful and trustworthy trader will be among the prophets, the righteous, and the martyrs in the Hereafter. This Ḥadīth was narrated by Al-Tirmidhi and classified as ḥasan (good).
There is also agreement (ijmāʿ) among Muslims that sales are permissible. Islamic scholars agree that trade is necessary because it helps people fulfil their needs by cooperating and exchanging goods and services with one another. Therefore, the general rule in Islamic law is that all sales are permissible unless there is clear evidence that a specific type of sale is forbidden.
Al-Shafi‘i explained that the basic rule for all sales is permissibility as long as the transaction is carried out by capable people who willingly consent to it. However, any type of sale specifically prohibited by Prophet Muhammad ﷺ, or anything very similar to a prohibited transaction, is not allowed. Anything outside those prohibited matters remains lawful based on the Qur’anic verses that permit trade and commercial dealings.
According to the Hanafi School jurists, a sale is the exchange of a lawful and owned item (māl) for another item in a beneficial and specific manner. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they are not considered valuable in Islamic law.
The Hanafi jurists also explained that a commodity or property (māl) must be something desirable and capable of being stored for future use. An object can be recognised as property if people generally see it as useful and valuable.
Mustafa Al-Zarqa criticised this definition and suggested a broader meaning. He defined property as any identifiable object that has material value to people.
Based on the Hanafi view, services and simple rights are not usually considered commodities because they are not physical objects that can be stored. However, the majority of Islamic jurists (fuqahāʾ) consider services and rights capable of ownership because the real benefit of physical property often comes from its use (usufruct).
Al-Nawawi defined a sale as the exchange of one owned item for another together with the transfer of ownership from one person to another.
Similarly, Ibn Qudamah defined a sale as an exchange that not only transfers ownership, but also allows the new owner to take possession of the item.
In all cases, a sale in Islamic law must be based on a contract that includes an offer (ījāb) and an acceptance (qabūl) between the parties involved.
Islamic Ethics, Documentation, and Proper Conduct in Sales
Islam places great importance on honesty, fairness, mercy, transparency, and proper documentation in business transactions.
One important ethical principle is avoiding excessive profit and unfair advantage over buyers. Islam allows traders to make reasonable profit, but it discourages exploitation and cheating. The Maliki School scholars explained that excessive unfairness may exist when profit reaches one third or more above the normal value. Therefore, profit within reasonable limits is generally acceptable.
Another important principle is truthful and complete disclosure of information. A seller must provide honest and complete details about the product, including its type, origin, quality, condition, and cost. Hiding defects, giving false information, or misleading customers goes against Islamic business ethics.
Al-Tirmidhi narrated a Ḥadīth on the authority of Rifāʿah in which the Prophet ﷺ said that most merchants will be resurrected on the Day of Judgment as sinners except those who fear Allah, deal kindly with customers, and speak truthfully in their business transactions.
Islam also encourages ease and kindness in buying and selling. Sellers and buyers should not be too harsh in negotiations or place unreasonable conditions on one another. They should avoid demanding prices that are unfairly high or unrealistically low.
Al-Bukhari narrated on the authority of Jābir that the Prophet ﷺ said: “Allah shows mercy to a person who is easy and gentle when selling, buying, and collecting debts.” This Ḥadīth teaches Muslims to act with patience, kindness, and flexibility in financial dealings.
Islam further teaches Muslims to avoid swearing by the name of Allah during sales, even if the person is speaking truthfully. Using Allah’s name frequently in business transactions is considered disrespectful and not suitable for the honour of Allah’s name.
The Qur’an criticises the misuse of oaths by saying: “Do not use Allah’s name in your oaths as an excuse against doing good, acting rightly, or making peace between people” [2:224].
In another Ḥadīth narrated by Al-Bukhari and Muslim ibn al-Hajjaj on the authority of Abū Hurayrah, the Prophet ﷺ said: “Swearing may help sell goods, but it removes their blessings.” This means that even if swearing helps attract buyers, it can remove the spiritual blessings (barakah) from the business.
Islam also encourages merchants to give charity regularly. Traders may sometimes fall into mistakes such as swearing, hiding information, cheating, poor behaviour, or taking excessive profit during business transactions. Giving charity helps cleanse and purify their earnings and actions.
Al-Tirmidhi, Abu Dawud, and Ibn Majah narrated a Ḥadīth on the authority of Qays ibn Abī Gharzah in which the Prophet ﷺ said: “O merchants, sins and wrongdoing are present in trade, so purify your sales with charity.” This teaches that charity is an important way to seek forgiveness and blessings in business dealings.
Islam also encourages the proper documentation of contracts, loans, debts, and delayed payment sales. It is recommended that financial agreements be written down clearly and supported by witnesses. This helps protect the rights of all parties, prevents disputes, and promotes trust and justice in society.
Allah instructed believers in the Qur’an [2:282] to record debts and financial contracts and to involve witnesses in such agreements. This verse forms the basis for the Islamic principle of documenting and witnessing financial transactions.
These teachings encourage Muslims to rely on honesty, trustworthiness, kindness, charity, proper documentation, and good character rather than greed, deception, or careless dealings in trade.
Case Scenario: Ethical Trade and Proper Documentation
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Ahmad offers to sell the bicycle, and Bilal willingly accepts the offer. Ahmad honestly informs Bilal that the bicycle has a small scratch and that one brake needs repair. During the discussion, Bilal asks for a small discount because he is a student, and Ahmad kindly agrees. Ahmad also avoids swearing by Allah to convince Bilal to buy the bicycle. This transaction reflects Islamic teachings of honesty, fairness, ease, and mutual consent.
Bilal is unable to pay the full amount immediately, so both parties agree that RM200 will be paid later. Ahmad and Bilal write down the agreement and ask two friends to witness the delayed payment arrangement. This follows the Islamic recommendation to document debts and financial contracts to avoid future disagreements.
After completing several sales during the month, Ahmad realises that he may have spoken harshly to some customers or charged slightly high prices in certain situations. To seek Allah’s forgiveness and purify his earnings, he gives part of his profit to charity. This follows the Islamic teaching that charity helps cleanse mistakes that may occur in business dealings.
In another example, Sarah pays a tutor for online teaching services. Although Hanafi jurists may not classify services as physical commodities, the majority of Islamic scholars allow such transactions because the service provides recognised value and benefit.
However, if Ahmad hides major defects in the bicycle, falsely claims that it is new, swears repeatedly by Allah to convince Bilal, cheats customers, refuses to document debts properly, or demands extremely unreasonable prices to exploit buyers, he would be violating Islamic business ethics. Likewise, forcing someone into a transaction, dealing harshly, or selling prohibited and worthless items such as dead animals or dust would not be regarded as proper or valid conduct in Islamic law.
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, meaning “arm,” because people stretch out their arms to give or receive items during a transaction. Another explanation is that people used to shake hands after completing a deal. Because of this, another Arabic word for a sale agreement is ṣafqa, which literally means “a handshake.”
Sales and trade are lawful and permitted in Islam. Their legitimacy is supported by the Qur’an, the Sunnah (teachings and traditions of Prophet Muhammad ﷺ), and the consensus (ijmāʿ) of Islamic jurists.
The Qur’an clearly allows trade and commercial transactions. Allah says: “But Allah has permitted trade” [2:275]. The Qur’an also encourages proper commercial dealings by stating: “Take witnesses whenever you make a commercial contract” [2:282]. Another verse says: “Let there be trade among you by mutual consent” [4:29]. Allah also says: “It is no crime for you to seek the bounty of your Lord” [2:198], meaning that earning through lawful trade and business is permissible.
The Sunnah of Prophet Muhammad ﷺ also supports lawful trade. The Prophet ﷺ was once asked which type of income is the best. He replied that the best income comes from a person’s own work and from every lawful and honest sale, meaning a transaction free from cheating and betrayal.
In another Ḥadīth, the Prophet ﷺ said: “A sale must be by mutual consent.” This shows that both the buyer and seller must willingly agree to the transaction without force or deception.
The Prophet ﷺ also accepted trade as a normal and lawful activity among people during his time. He praised honest business people by saying that a truthful and trustworthy trader will be among the prophets, the righteous, and the martyrs in the Hereafter. This Ḥadīth was narrated by Al-Tirmidhi and classified as ḥasan (good).
There is also agreement (ijmāʿ) among Muslims that sales are permissible. Islamic scholars agree that trade is necessary because it helps people fulfil their needs by cooperating and exchanging goods and services with one another. Therefore, the general rule in Islamic law is that all sales are permissible unless there is clear evidence that a specific type of sale is forbidden.
Al-Shafi‘i explained that the basic rule for all sales is permissibility as long as the transaction is carried out by capable people who willingly consent to it. However, any type of sale specifically prohibited by Prophet Muhammad ﷺ, or anything very similar to a prohibited transaction, is not allowed. Anything outside those prohibited matters remains lawful based on the Qur’anic verses that permit trade and commercial dealings.
According to the Hanafi School jurists, a sale is the exchange of a lawful and owned item (māl) for another item in a beneficial and specific manner. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they are not considered valuable in Islamic law.
The Hanafi jurists also explained that a commodity or property (māl) must be something desirable and capable of being stored for future use. An object can be recognised as property if people generally see it as useful and valuable.
Mustafa Al-Zarqa criticised this definition and suggested a broader meaning. He defined property as any identifiable object that has material value to people.
Based on the Hanafi view, services and simple rights are not usually considered commodities because they are not physical objects that can be stored. However, the majority of Islamic jurists (fuqahāʾ) consider services and rights capable of ownership because the real benefit of physical property often comes from its use (usufruct).
Al-Nawawi defined a sale as the exchange of one owned item for another together with the transfer of ownership from one person to another.
Similarly, Ibn Qudamah defined a sale as an exchange that not only transfers ownership, but also allows the new owner to take possession of the item.
In all cases, a sale in Islamic law must be based on a contract that includes an offer (ījāb) and an acceptance (qabūl) between the parties involved.
Islamic Ethics, Documentation, and Proper Conduct in Sales
Islam places great importance on honesty, fairness, mercy, transparency, and proper documentation in business transactions.
One important ethical principle is avoiding excessive profit and unfair advantage over buyers. Islam allows traders to make reasonable profit, but it discourages exploitation and cheating. The Maliki School scholars explained that excessive unfairness may exist when profit reaches one third or more above the normal value. Therefore, profit within reasonable limits is generally acceptable.
Another important principle is truthful and complete disclosure of information. A seller must provide honest and complete details about the product, including its type, origin, quality, condition, and cost. Hiding defects, giving false information, or misleading customers goes against Islamic business ethics.
Al-Tirmidhi narrated a Ḥadīth on the authority of Rifāʿah in which the Prophet ﷺ said that most merchants will be resurrected on the Day of Judgment as sinners except those who fear Allah, deal kindly with customers, and speak truthfully in their business transactions.
Islam also encourages ease and kindness in buying and selling. Sellers and buyers should not be too harsh in negotiations or place unreasonable conditions on one another. They should avoid demanding prices that are unfairly high or unrealistically low.
Al-Bukhari narrated on the authority of Jābir that the Prophet ﷺ said: “Allah shows mercy to a person who is easy and gentle when selling, buying, and collecting debts.” This Ḥadīth teaches Muslims to act with patience, kindness, and flexibility in financial dealings.
Islam further teaches Muslims to avoid swearing by the name of Allah during sales, even if the person is speaking truthfully. Using Allah’s name frequently in business transactions is considered disrespectful and not suitable for the honour of Allah’s name.
The Qur’an criticises the misuse of oaths by saying: “Do not use Allah’s name in your oaths as an excuse against doing good, acting rightly, or making peace between people” [2:224].
In another Ḥadīth narrated by Al-Bukhari and Muslim ibn al-Hajjaj on the authority of Abū Hurayrah, the Prophet ﷺ said: “Swearing may help sell goods, but it removes their blessings.” This means that even if swearing helps attract buyers, it can remove the spiritual blessings (barakah) from the business.
Islam also encourages merchants to give charity regularly. Traders may sometimes fall into mistakes such as swearing, hiding information, cheating, poor behaviour, or taking excessive profit during business transactions. Giving charity helps cleanse and purify their earnings and actions.
Al-Tirmidhi, Abu Dawud, and Ibn Majah narrated a Ḥadīth on the authority of Qays ibn Abī Gharzah in which the Prophet ﷺ said: “O merchants, sins and wrongdoing are present in trade, so purify your sales with charity.” This teaches that charity is an important way to seek forgiveness and blessings in business dealings.
Islam also encourages the proper documentation of contracts, loans, debts, and delayed payment sales. It is recommended that financial agreements be written down clearly and supported by witnesses. This helps protect the rights of all parties, prevents disputes, and promotes trust and justice in society.
Allah instructed believers in the Qur’an [2:282] to record debts and financial contracts and to involve witnesses in such agreements. This verse forms the basis for the Islamic principle of documenting and witnessing financial transactions.
These teachings encourage Muslims to rely on honesty, trustworthiness, kindness, charity, proper documentation, and good character rather than greed, deception, or careless dealings in trade.
Case Scenario: Ethical Trade and Proper Documentation
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Ahmad offers to sell the bicycle, and Bilal willingly accepts the offer. Ahmad honestly informs Bilal that the bicycle has a small scratch and that one brake needs repair. During the discussion, Bilal asks for a small discount because he is a student, and Ahmad kindly agrees. Ahmad also avoids swearing by Allah to convince Bilal to buy the bicycle. This transaction reflects Islamic teachings of honesty, fairness, ease, and mutual consent.
Bilal is unable to pay the full amount immediately, so both parties agree that RM200 will be paid later. Ahmad and Bilal write down the agreement and ask two friends to witness the delayed payment arrangement. This follows the Islamic recommendation to document debts and financial contracts to avoid future disagreements.
After completing several sales during the month, Ahmad realises that he may have spoken harshly to some customers or charged slightly high prices in certain situations. To seek Allah’s forgiveness and purify his earnings, he gives part of his profit to charity. This follows the Islamic teaching that charity helps cleanse mistakes that may occur in business dealings.
In another example, Sarah pays a tutor for online teaching services. Although Hanafi jurists may not classify services as physical commodities, the majority of Islamic scholars allow such transactions because the service provides recognised value and benefit.
However, if Ahmad hides major defects in the bicycle, falsely claims that it is new, swears repeatedly by Allah to convince Bilal, cheats customers, refuses to document debts properly, or demands extremely unreasonable prices to exploit buyers, he would be violating Islamic business ethics. Likewise, forcing someone into a transaction, dealing harshly, or selling prohibited and worthless items such as dead animals or dust would not be regarded as proper or valid conduct in Islamic law.