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Islamic Law of Transaction - Definitions of Sale According to Islamic Scholars
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.”
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.
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.
Case Scenario: Valid and Invalid Sales
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Both parties agree to exchange ownership, and Bilal takes possession of the bicycle after payment. This is a valid sale according to Islamic law because there is lawful ownership, benefit, transfer of ownership, and delivery of the item.
On the other hand, if Ahmad exchanges one RM10 note for another identical RM10 note without any added value or benefit, it is not regarded as a proper sale because there is no meaningful exchange. Likewise, selling worthless or prohibited items, such as a dead animal, would also be invalid in Islamic law because such items are not recognised as valuable property.
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.”
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.
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.
Case Scenario: Valid and Invalid Sales
Ahmad sells his bicycle to Bilal for RM500. Ahmad legally owns the bicycle, while Bilal owns the money. Both parties agree to exchange ownership, and Bilal takes possession of the bicycle after payment. This is a valid sale according to Islamic law because there is lawful ownership, benefit, transfer of ownership, and delivery of the item.
On the other hand, if Ahmad exchanges one RM10 note for another identical RM10 note without any added value or benefit, it is not regarded as a proper sale because there is no meaningful exchange. Likewise, selling worthless or prohibited items, such as a dead animal, would also be invalid in Islamic law because such items are not recognised as valuable property.
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KembaraXtra – Legal Terms – Procedural Impropriety
Procedural impropriety refers to a failure by a public authority to act according to the requirements of procedural fairness and the common-law principles of natural justice. It is one of the principal grounds upon which courts may review and challenge administrative decisions through judicial review. Procedural impropriety may arise where a public authority fails to follow statutory procedures, ignores mandatory procedural safeguards, acts unfairly, or denies a person the opportunity to be heard. Examples include failing to provide adequate notice, refusing a fair hearing, showing bias, or disregarding consultation requirements imposed by law. The doctrine ensures that public bodies exercise their powers fairly, transparently, and consistently with legal standards. It therefore protects individuals against arbitrary or unfair exercises of public power.
The concept was clearly articulated by Lord Diplock in the landmark case of Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, where he identified procedural impropriety, illegality, and irrationality as the major common-law grounds of judicial review. Procedural impropriety is closely linked to the rules of natural justice, particularly the right to an impartial decision-maker and the right to be heard before adverse decisions are made. Courts assessing claims of procedural impropriety examine whether the decision-making process itself was lawful and fair rather than whether the decision was substantively correct. The doctrine therefore reinforces the rule of law by requiring public authorities to comply with legal procedures and principles of fairness. Modern cases, including Bank Mellat v HM Treasury [2013] UKSC 38, demonstrate the continuing importance of procedural fairness within administrative law and human rights jurisprudence.
Procedural impropriety refers to a failure by a public authority to act according to the requirements of procedural fairness and the common-law principles of natural justice. It is one of the principal grounds upon which courts may review and challenge administrative decisions through judicial review. Procedural impropriety may arise where a public authority fails to follow statutory procedures, ignores mandatory procedural safeguards, acts unfairly, or denies a person the opportunity to be heard. Examples include failing to provide adequate notice, refusing a fair hearing, showing bias, or disregarding consultation requirements imposed by law. The doctrine ensures that public bodies exercise their powers fairly, transparently, and consistently with legal standards. It therefore protects individuals against arbitrary or unfair exercises of public power.
The concept was clearly articulated by Lord Diplock in the landmark case of Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, where he identified procedural impropriety, illegality, and irrationality as the major common-law grounds of judicial review. Procedural impropriety is closely linked to the rules of natural justice, particularly the right to an impartial decision-maker and the right to be heard before adverse decisions are made. Courts assessing claims of procedural impropriety examine whether the decision-making process itself was lawful and fair rather than whether the decision was substantively correct. The doctrine therefore reinforces the rule of law by requiring public authorities to comply with legal procedures and principles of fairness. Modern cases, including Bank Mellat v HM Treasury [2013] UKSC 38, demonstrate the continuing importance of procedural fairness within administrative law and human rights jurisprudence.
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- 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.
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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.
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KembaraXtra – Legal Terms – Process
In legal terminology, process commonly refers to a formal document issued by a court requiring a party to take some step in legal proceedings. Such documents may compel attendance before the court, require the filing of a defence, or direct compliance with judicial orders. When process is used to begin legal proceedings, it is often called the originating process. Under Part 7 of the Civil Procedure Rules, civil proceedings in England and Wales are generally commenced through the issue of a claim form. Process therefore serves as the formal mechanism through which courts assert jurisdiction over parties and notify them of legal actions affecting their rights or obligations. Proper service of process is usually essential to ensure fairness and validity in legal proceedings.
The term “process” may also appear in the phrase abuse of process, which refers to misuse of the court’s procedures for improper purposes. Courts possess inherent powers to prevent abuse of process where proceedings are frivolous, oppressive, duplicative, or otherwise inconsistent with the administration of justice. In its broader sense, legal process reflects the structured methods through which courts administer justice and resolve disputes. Process ensures that litigation proceeds according to recognized legal standards rather than arbitrary action. It therefore forms an essential part of procedural fairness, legal certainty, and the rule of law within judicial systems.
In legal terminology, process commonly refers to a formal document issued by a court requiring a party to take some step in legal proceedings. Such documents may compel attendance before the court, require the filing of a defence, or direct compliance with judicial orders. When process is used to begin legal proceedings, it is often called the originating process. Under Part 7 of the Civil Procedure Rules, civil proceedings in England and Wales are generally commenced through the issue of a claim form. Process therefore serves as the formal mechanism through which courts assert jurisdiction over parties and notify them of legal actions affecting their rights or obligations. Proper service of process is usually essential to ensure fairness and validity in legal proceedings.
The term “process” may also appear in the phrase abuse of process, which refers to misuse of the court’s procedures for improper purposes. Courts possess inherent powers to prevent abuse of process where proceedings are frivolous, oppressive, duplicative, or otherwise inconsistent with the administration of justice. In its broader sense, legal process reflects the structured methods through which courts administer justice and resolve disputes. Process ensures that litigation proceeds according to recognized legal standards rather than arbitrary action. It therefore forms an essential part of procedural fairness, legal certainty, and the rule of law within judicial systems.
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KembaraXtra – Legal Terms – Procedure
In legal proceedings, procedure refers to the formal rules and methods governing how cases are conducted in court. Procedural law regulates the steps parties must follow when enforcing legal rights or defending claims. It includes rules concerning the commencement of proceedings, service of documents, filing requirements, evidence, hearings, appeals, and enforcement of judgments. Procedure is distinct from substantive law, which defines legal rights and obligations themselves. While substantive law determines what the law is, procedural law determines how that law is applied and enforced within the judicial system. Proper procedure is essential for ensuring fairness, efficiency, and consistency in legal proceedings.
Court procedures are commonly governed by rules of court and practice directions. In England and Wales, for example, civil proceedings are regulated largely by the Civil Procedure Rules, while criminal proceedings are governed by the Criminal Procedure Rules. Procedural requirements ensure that both parties receive fair notice of claims, opportunities to present evidence, and access to impartial adjudication. Failure to comply with procedural rules may result in sanctions, delays, dismissal of claims, or adverse costs orders. Procedure therefore plays a crucial role in maintaining the orderly administration of justice. Without clear procedural frameworks, the legal system would struggle to resolve disputes fairly and efficiently.
In legal proceedings, procedure refers to the formal rules and methods governing how cases are conducted in court. Procedural law regulates the steps parties must follow when enforcing legal rights or defending claims. It includes rules concerning the commencement of proceedings, service of documents, filing requirements, evidence, hearings, appeals, and enforcement of judgments. Procedure is distinct from substantive law, which defines legal rights and obligations themselves. While substantive law determines what the law is, procedural law determines how that law is applied and enforced within the judicial system. Proper procedure is essential for ensuring fairness, efficiency, and consistency in legal proceedings.
Court procedures are commonly governed by rules of court and practice directions. In England and Wales, for example, civil proceedings are regulated largely by the Civil Procedure Rules, while criminal proceedings are governed by the Criminal Procedure Rules. Procedural requirements ensure that both parties receive fair notice of claims, opportunities to present evidence, and access to impartial adjudication. Failure to comply with procedural rules may result in sanctions, delays, dismissal of claims, or adverse costs orders. Procedure therefore plays a crucial role in maintaining the orderly administration of justice. Without clear procedural frameworks, the legal system would struggle to resolve disputes fairly and efficiently.
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KembaraXtra – Legal Terms – Procès-Verbal
A procès-verbal is an informal written record or memorandum used in international negotiations to record understandings, discussions, or agreements reached between parties. The term originates from French legal and diplomatic practice and is commonly used in international law and diplomacy. A procès-verbal does not usually have the same binding legal force as a formal treaty, but it may serve as important evidence of the intentions or understandings of the negotiating states. Often, it functions as a preliminary step before the drafting and conclusion of a more formal international agreement or treaty. Diplomatic negotiations frequently involve complex stages of discussion, and the procès-verbal helps preserve an accurate account of what has been agreed in principle. It therefore plays a practical role in facilitating international cooperation and legal certainty between states.
Although informal in nature, a procès-verbal may still carry considerable political and evidential significance. It can clarify ambiguities arising during negotiations and provide a foundation for future treaty obligations. In some circumstances, courts or international tribunals may refer to a procès-verbal as part of the background material when interpreting treaties or determining the intentions of the parties. The document demonstrates the importance of written diplomatic records in international relations. By recording negotiations systematically, the procès-verbal contributes to transparency, continuity, and stability in international dealings. Its continued use reflects longstanding traditions within diplomatic and international legal practice.
A procès-verbal is an informal written record or memorandum used in international negotiations to record understandings, discussions, or agreements reached between parties. The term originates from French legal and diplomatic practice and is commonly used in international law and diplomacy. A procès-verbal does not usually have the same binding legal force as a formal treaty, but it may serve as important evidence of the intentions or understandings of the negotiating states. Often, it functions as a preliminary step before the drafting and conclusion of a more formal international agreement or treaty. Diplomatic negotiations frequently involve complex stages of discussion, and the procès-verbal helps preserve an accurate account of what has been agreed in principle. It therefore plays a practical role in facilitating international cooperation and legal certainty between states.
Although informal in nature, a procès-verbal may still carry considerable political and evidential significance. It can clarify ambiguities arising during negotiations and provide a foundation for future treaty obligations. In some circumstances, courts or international tribunals may refer to a procès-verbal as part of the background material when interpreting treaties or determining the intentions of the parties. The document demonstrates the importance of written diplomatic records in international relations. By recording negotiations systematically, the procès-verbal contributes to transparency, continuity, and stability in international dealings. Its continued use reflects longstanding traditions within diplomatic and international legal practice.
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KembaraXtra – Legal Terms – Procurator Fiscal
A procurator fiscal is a legal officer within the Scottish legal system whose functions combine aspects of criminal investigation and prosecution. Appointed by the Lord Advocate, a procurator fiscal must be a qualified advocate or solicitor. The office forms an essential part of Scotland’s distinctive criminal justice system and differs significantly from equivalent institutions in England and Wales. The procurator fiscal conducts preliminary investigations into criminal cases within the relevant district and gathers evidence by taking written witness statements known as precognitions. These investigations assist in determining whether criminal proceedings should be initiated. The procurator fiscal also conducts prosecutions in many criminal matters before the sheriff courts.
In addition to criminal prosecutions, procurators fiscal have important responsibilities concerning deaths and public safety. They investigate sudden, suspicious, unexplained, or accidental deaths to determine whether criminal conduct or public hazards may be involved. Such inquiries may lead to fatal accident inquiries or criminal proceedings where appropriate. The office therefore performs both prosecutorial and investigative functions within the Scottish justice system. By supervising investigations and prosecutions, procurators fiscal help ensure that criminal law is enforced fairly and effectively. Their role reflects the unique structure and traditions of Scots law and legal administration.
A procurator fiscal is a legal officer within the Scottish legal system whose functions combine aspects of criminal investigation and prosecution. Appointed by the Lord Advocate, a procurator fiscal must be a qualified advocate or solicitor. The office forms an essential part of Scotland’s distinctive criminal justice system and differs significantly from equivalent institutions in England and Wales. The procurator fiscal conducts preliminary investigations into criminal cases within the relevant district and gathers evidence by taking written witness statements known as precognitions. These investigations assist in determining whether criminal proceedings should be initiated. The procurator fiscal also conducts prosecutions in many criminal matters before the sheriff courts.
In addition to criminal prosecutions, procurators fiscal have important responsibilities concerning deaths and public safety. They investigate sudden, suspicious, unexplained, or accidental deaths to determine whether criminal conduct or public hazards may be involved. Such inquiries may lead to fatal accident inquiries or criminal proceedings where appropriate. The office therefore performs both prosecutorial and investigative functions within the Scottish justice system. By supervising investigations and prosecutions, procurators fiscal help ensure that criminal law is enforced fairly and effectively. Their role reflects the unique structure and traditions of Scots law and legal administration.
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KembaraXtra – Legal Terms – Product Liability
Product liability refers to the legal responsibility of manufacturers, producers, suppliers, and other parties for damage caused by defective products. Under the Consumer Protection Act 1987, producers are subject to strict liability when defective products cause death, personal injury, or damage to private property. Strict liability means that the injured person does not need to prove negligence; it is sufficient to show that the product was defective and that the defect caused the damage. The law applies to a wide range of products, including goods, electricity, raw materials, agricultural products, and component parts. A product is considered defective if its safety is not such as persons generally are entitled to expect. This legal regime was introduced to strengthen consumer protection and to align UK law with European legal requirements concerning product safety.
Liability under product liability law may extend beyond the actual manufacturer. A person who places their brand name or trademark on a product may also be treated as a producer. Importers bringing products into the European Union can likewise be held liable, as can suppliers who fail to identify the producer or importer when reasonably requested by an injured party. Several defences are available under the Act, including contributory negligence, absence of the defect at the relevant time, or the “development risks defence,” where scientific knowledge at the time was insufficient to discover the defect. Claims must generally be brought within three years from the date the claimant became aware of the damage and the relevant facts, subject to an overall ten-year limitation period from the date the product entered circulation. Liability cannot be excluded through contractual terms or notices, thereby ensuring strong consumer protection. In addition to statutory liability, injured persons may also bring actions under contract law for breach of implied conditions or under tort law for negligence.
Product liability refers to the legal responsibility of manufacturers, producers, suppliers, and other parties for damage caused by defective products. Under the Consumer Protection Act 1987, producers are subject to strict liability when defective products cause death, personal injury, or damage to private property. Strict liability means that the injured person does not need to prove negligence; it is sufficient to show that the product was defective and that the defect caused the damage. The law applies to a wide range of products, including goods, electricity, raw materials, agricultural products, and component parts. A product is considered defective if its safety is not such as persons generally are entitled to expect. This legal regime was introduced to strengthen consumer protection and to align UK law with European legal requirements concerning product safety.
Liability under product liability law may extend beyond the actual manufacturer. A person who places their brand name or trademark on a product may also be treated as a producer. Importers bringing products into the European Union can likewise be held liable, as can suppliers who fail to identify the producer or importer when reasonably requested by an injured party. Several defences are available under the Act, including contributory negligence, absence of the defect at the relevant time, or the “development risks defence,” where scientific knowledge at the time was insufficient to discover the defect. Claims must generally be brought within three years from the date the claimant became aware of the damage and the relevant facts, subject to an overall ten-year limitation period from the date the product entered circulation. Liability cannot be excluded through contractual terms or notices, thereby ensuring strong consumer protection. In addition to statutory liability, injured persons may also bring actions under contract law for breach of implied conditions or under tort law for negligence.
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KembaraXtra – Legal Terms – Profession
A profession is an occupation that requires specialized intellectual knowledge, skill, education, or training, and it is treated distinctly from a trade in certain areas of law and taxation. Historically, profits from professions were taxed differently from profits arising from trades under the old Schedule D tax system. Although modern tax legislation no longer separates professions and trades into distinct tax cases, important differences remain. One notable distinction is that professional services supplied without charge do not generally create a taxable benefit, whereas goods transferred by a trader may still attract taxation. Courts have traditionally viewed professions as occupations primarily dependent upon intellectual skill rather than ordinary commercial activity. Examples commonly include lawyers, doctors, architects, and accountants.
The courts have also distinguished professions from trades and vocations through case law. In IRC v Maxse [1919], Lord Justice Scrutton described a profession as an occupation involving intellectual skill or manual skill controlled by intellectual expertise. Historically, companies were considered incapable of carrying on a profession because professional work depended upon the personal qualifications of individuals. However, modern developments have challenged this traditional view. Professional bodies, such as the The Law Society, now permit solicitors to practise through limited companies, reflecting changing commercial realities. Despite this evolution, legal uncertainty remains regarding whether a company itself can truly “carry on” a profession in the traditional sense. The concept of profession therefore continues to occupy an important place within taxation law, commercial law, and professional regulation.
A profession is an occupation that requires specialized intellectual knowledge, skill, education, or training, and it is treated distinctly from a trade in certain areas of law and taxation. Historically, profits from professions were taxed differently from profits arising from trades under the old Schedule D tax system. Although modern tax legislation no longer separates professions and trades into distinct tax cases, important differences remain. One notable distinction is that professional services supplied without charge do not generally create a taxable benefit, whereas goods transferred by a trader may still attract taxation. Courts have traditionally viewed professions as occupations primarily dependent upon intellectual skill rather than ordinary commercial activity. Examples commonly include lawyers, doctors, architects, and accountants.
The courts have also distinguished professions from trades and vocations through case law. In IRC v Maxse [1919], Lord Justice Scrutton described a profession as an occupation involving intellectual skill or manual skill controlled by intellectual expertise. Historically, companies were considered incapable of carrying on a profession because professional work depended upon the personal qualifications of individuals. However, modern developments have challenged this traditional view. Professional bodies, such as the The Law Society, now permit solicitors to practise through limited companies, reflecting changing commercial realities. Despite this evolution, legal uncertainty remains regarding whether a company itself can truly “carry on” a profession in the traditional sense. The concept of profession therefore continues to occupy an important place within taxation law, commercial law, and professional regulation.