Ilkogretim Online - Elementary Education Online, 2020; Vol 19 (Issue 4):5803-5816

http://ilkogretim-online.org
doi: 10.17051/ilkonline.2020.04.764985

Principles Of Prohibited Trades In The Light Of Islamic

Law: An Analytical Study

Dr. Shahzada Imran Ayub , Assistant Professor/ Chief Editor Research Journal,
Al-Tabyeen, Department of Islamic Studies, The University of Lahore, Lahore -
Pakistan

Dr. Jamil Akhtar , Lecturer, Department of Islamic Studies, University of Gujrat,

Gujrat

Khubaib ur Rehman , Ph.d Scholar, Deptt. of Islamic Studies, University of

Lahore.

ABSTRACT
Trade and commerce are an integral part of human life; therefore, it is important
to know its Islamic principles and laws. Because the principle in matters
(business and trades, etc.) is that everything is halal unless there is evidence of
its prohibition. Therefore, if the rules that make a business fall into the category
of haram are known, halal sources of income can be easily adopted according to
the Shari'ah requirements. Islamic scholars have divided haram basically into
two different types; a type in which goods are obtained in return such as all illicit
forms of trade and business, and the second type is the one in which wealth is
obtained free of charge such as theft and usurpation etc. As this article talks
about the basic principles and types of prohibited trades so it throws light just on
the first type. This article, in view of the arguments of the Qur'an and Sunnah and
the sayings and fatwas of the scholars and jurists, also discusses those principles
that can be laid down for declaring any trade as haram. This article can play a
vital role and will be considered as a great contribution to the Muslims living in
Non-Islamic states.

Keywords: Halal, Haram, Interest, Principles, Shari'ah Law, Sources of Income,

Trade.

Trade, transaction, deal as well as buying and selling are indispensable human
needs without which it is impossible to run a social system. That is why every
human being constantly buys and sells something throughout of his life. Women
are not exempted from this rule because even if they do not do regular business
like men, they still buy something from time to time and they are also involved in
selling as well. Therefore, the knowledge of the Shari'ah rules of trade is a
knowledge that every human being needs and it is his duty to acquire whatever
knowledge he needs in his daily life. This is what is meant by the Prophet's
command, “It is obligatory for every Muslim to acquire knowledge.” Thus, it can

5803 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The

Light Of Islamic Law: An Analytical Study
be said that knowledge of Islamic principles of trade is a duty, especially for
traders and for all Muslims in general. That is why in the time of the Prophet
(PBUH) those who made their sales corrupt were disciplinary punished. Hazrat
Umar (R.A) used to insist that only those who understand the religion (i.e. the
Islamic principles of trade) should buy and sell in the markets. Hazrat Ali (R.A)
used to warn and intimate those who trade without understanding (of the rules
of trade) for involving into interest. It is the importance and necessity of the
topic that led the researcher to write this article. Therefore, this article seeks to
formulate such rules and regulations in the light of Shari'ah arguments in a way
that can be easily ascertained as to which business and trade is unlawful and
which is halal and permissible.
Basically, Allah Almighty has forbidden people to eat the wealth of others using
any wrong way and has commanded the people to avoid haram sources of
income.
1 Falsehood is actually called a useless and impaired thing, and the scholars have

termed as falsehood every deed which is not permitted by Allah or every deed
which is against the Islamic Shari'ah. In addition, some scholars have interpreted
falsehood as haram. Thus, the interpretation of scholars such as Imam al-
Zamakhshari,2 Imam al-Baydawi,3 Imam al-Khazin,4 Imam al-Tabari,5 Imam Ibn
Kathir,6 Imam al-Shawkani,7 Allama Sayyid Tantawi8 and Allama Abdul Rahman
Nasir Al-Sa'di9 is as follows: Eating people's wealth using wrong way includes
every method which Allah Almighty has not allowed, such as fraud, bribery,
gambling, raising prices through hoarding, usury (interest based deals) and all
haram forms of trade, etc. Earning money by mixing in buying and selling goods,
taking work from the workers and eating their wages or taking full wages for any
work but not doing the full work in return is also haram and void food. To collect
wages for the acts of worship and for the acts that can bring people close to God
are also considered as eating the wealth of people in the wrong way if such acts
are not for the sole purpose of pleasing God. Eating the wealth of Zakat, Sadaqat,
Awqaf and wills of people is also included in the haram food if one does not
deserve it, or one deserves but he received more wealth than his right.
The aforementioned all the forms of eating wealth and all other similar forms of
eating are included in the category of eating in the way which is not permissible

1()
Al-Baqarah: 188
2()
Al-Zamakhshari, Abu al-Qasim Jar Allah, Tafsir al-Kashshaaf, Dar al-Kitab al-Arabi, Beirut, 1407
AH, 1:407
3()
Al-Baydawi, Nasir al-Din Abu Sa'id, Tafsir al-Baydawi, Dar Ihya al-Turath al-Arabi, Beirut, 1418
AH, 1:448
4()
Al-Khazin, Alauddin Ali bin Muhammad, Tafsir al-Khazin, Dar al-Kutub al-Ilmiyah, Beirut, 1415
AH, 2:73
5()
Al-Tabari, Abu Jafar Muhammad bin Jarir, Tafsir al-Tabari, Muassasah al-Risalah, Beirut, 1420 AH,
8:216
6()
Ibn Kathir, Abu al-Fida Isma'il bin Umar, Tafsir ibn Kathir, Dar Taiba for Publishing and
Distribution, Beirut, 1420 AH, 2:268
7()
Al-Shawkani, Muhammad bin Ali, Tafsir Fath al-Qadeer, Dar ibn Kathir, Beirut, 1414 AH, 2:130
8()
Al-Tantawi, Muhammad Sayyid, al-Tafsir al-Wasit, Dar al-Nahza Misr for Publishing, Cairo, 1998
AD, 1:923
9()
Abdul Rahman Nasir al-Saadi, Tafsir Al-Saadi, Muassasah al-Risalah, Beirut, 1420 AH, 1:233
5804 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
at all, even if there is a dispute in a matter and the dispute is presented before
the Shari'ah court and the party who seeks wealth in a false way presents an
argument which prevails over the argument of the real claimant and the judge
decides in his favor on the basis of this argument, the property is still haram for
him despite the court's decision and it will remain void,10 because the decision of
a ruler cannot make haram halal and halal haram, as the ruler decides only after
hearing the arguments presented before him, otherwise the real facts of the
matter do not change. Therefore, there is no happiness and comfort in the
decision of the ruler for the one who consumes the wealth in a false way, and
there is no doubt that this wealth is unacceptable. So, whoever files a false case in
the court of the ruler with false evidences and the judge decides in his favor on
the basis of these evidences, then still this property is not permissible for that
person and he will be considered as he has intentionally committed to occupy
the property of others in a sinful way, so he deserves the most severe
punishment and retribution. Accordingly, when a lawyer finds out that his client
is a liar in his claim, it is not permissible for him to advocate for the deceitful, and
if he advocates for him and takes compensation from him, he eats haram food,
and it is also forbidden in the Qur'an where Allah Almighty says: “So do not be an
advocate for the deceitful.” 11
In short, it is haram and wrongful to eat wealth in any way that is forbidden by
shari'ah. If we want to compile it or divide it into types, then there are basically
two types of haram food; (1) A type in which goods are obtained in return such
as all illicit forms of trade and business, and (2) the second type is the one in
which wealth is obtained free of charge such as theft and usurpation etc. Since
our subject is related to prohibited trade, the first type will be discussed in the
following lines.

Basic Principles for Trade Prohibition

In view of the arguments of the Qur'an and Sunnah and the sayings and fatwas of
the scholars and jurists, the following principles can be laid down for declaring
any trade as haram:
1. It is haram to trade anything that is unclean/najis (because its food is haram
such as pork, etc.).
2. The trade of every haram thing is haram (such as dead and blood, etc.).
3. It is haram to trade anything that includes loss of seller or buyer (such as
the sale of expired medicines, etc.).
4. It is haram to cheat in any form of trade (such as fish trade in water, etc.).
5. Any form of trade that is without the consent of the parties (such as to force
someone to sell something, etc.), is haram.
6. Any form of trade in which the salable item or its price is unknown (such as
to deal what is in the wombs of cattle, etc.), is haram.
7. It is haram to trade in any way which is forbidden by the Shari'ah (such as
to deal after touching, etc.).

10()
Al-Bukhari, Abu Abdullah Muhammad bin Isma'il, al-Jami al-Sahih, Dar al-Salaam, Riyadh, 1411
AH, the book of oppressions, chapter: the sin of a man who quarrels unjustly, h.2458
11()
An-Nisa: 105
5805 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
8. It is haram to trade through any haram means (such as making money
through adultery, etc.).
9. Any trade that involves gambling is haram (such as lottery, etc.).
10. Any trade after the Friday Adhan is haram (such as selling hats, books,
perfumes and toothbrushes outside the mosques after the Friday Adhan or
continuing one's own business, etc.).
11. It is haram to trade in things that are forbidden by law (such as dogs, cats,
etc.).
12. It is haram to trade in anything that is a source of sin (such as statues and
images of religious leaders that are a source of polytheism).
13. It is haram to trade in anything that is not in full possession or ownership
(such as selling something continuously while it is lying in the same place,
etc.).
14. It is haram to trade in any drug (such as cannabis and hashish).
15. Any trade in which interest is involved in any way (such as taking nine
rupees for ten rupees, etc.) is haram.

● Some scholars have tried to combine all the above principles into the
following three principles:
1. The trade of all haram things (such as carcasses, pigs, idols and all
impurities, etc) is haram.
2. Every interest-based trade is haram (such as buying two rupees for one
rupee, etc.).
3. Every deceptive trade is haram (such as birds in the air, fish in the water
and trade in all unknown things, etc.).
● And some scholars have mentioned only two principles of haram trade and
they are:
1. The trade of every haram thing is haram.
2. Trade through any haram means is haram.

In short, every business, trade and sale that is against the Islamic law is haram.
However, in order to understand haram business in a little bit detail, we can keep
the following four points in mind:
1) The Items Whose Trade is Haram
2) Some Illegal Forms and Methods of Trade
3) Interest-based Trades and Deals
4) A few other miscellaneous Haram Sources of Income

All the above principles of illicit trade fall under almost these four points. Some
details, examples and evidences of these four are mentioned in the following
lines.

(1) The Items Whose Trade is Haram:

Wine: The sale and purchase of wine/alcohol is explicitly forbidden in the

Shari'ah, even in a hadith in which the Holy Prophet (PBUH) forbade its trade in

5806 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
the same way as the trade of carcasses, pigs and idols.12 Not only the one who
buys or sells alcohol or drinks it is guilty, but the one who has anything to do
with this business is cursed and sinful. So the ten men are cursed who are
involved in wine, “The one who presses it, the one who has it pressed, its drinker,
its carrier, and the one it is carried to, its server, its seller, the one who consumes
its price, the one who purchases it and the one it was purchased for.” 13
Since the prohibition of wine is the cause of intoxication, so everything that has
the quality of intoxication, whether liquid or static, and whatever its name and
color, will be haram. Therefore, it is haram to buy and sell all narcotics, such as
heroin, hashish, opium and cannabis, regardless of whether they are small or
large in amount, because when it is proven that excessive use of these substances
causes intoxication, even a small use of them is haram, as Prophet (PBUH) said:
“It is haram to take a small amount of something whose excessive use causes
intoxication.” 14

Dead Meat: The buying and selling of the dead meat is also forbidden by Allah
Almighty.15 However, there are only two dead whose trade is permissible and
they are fish and locusts, because the Prophet (PBUH) declared them both lawful
despite being dead.16
However, the opinion of some scholars should be in mind that it is not prohibited
to take advantage of something which is haram to buy and sell. For example, if
buying and selling a dead body is haram, it does not necessarily mean that it
cannot be used to feed another animal or to burn its fat to light a fire, but it is
permissible to make such a profit from the dead body. 17

Pig: The trade of pig, whether it is alive or dead, is haram in any case because it
is haram in itself and also unclean/najis (A Hadith has already been mentioned in
this regard). Hafiz Ibn Hajar has quoted the consensus in this regard that trade in
all pork/pig’s ingredients is forbidden.18

Idols: The reason for the prohibition of buying and selling idols is that they are
tools and means of shirk, otherwise the thing from which they are made (such as
stone or wood, etc.) is halal. Therefore, the prohibition of buying and selling idols
will include the trade of anything that is a source of shirk in any way, such as
buying and selling pictures of religious leaders and saints, buying and selling of

12()
Abu Dawud, Sulayman bin al-Ash'ath al-Sijistani, al-Sunan, Dar al-Salaam, Riyadh, 1423 AH, the
book of wages, chapter: regarding the price of khamr and dead meat, h.3486
13()
Al-Tirmidhi, Abu Isa Muhammad bin Isa, al-Jami, Dar al-Salaam, Riyadh, 1416 AH, the book on
business, chapter: the prohibition to use wine to make vinegar, h.1295
14()
Al-Nasai, Abu Abd al-Rahman Ahmad bin Shu'ayb, al-Sunan, Dar al-Salaam, Riyadh, 1414 AH,
the book of drinks, chapter: prohibition of every drink that intoxicates in large amounts, h.5607
15()
Ibn Majah, Abu Abdullah Muhammad bin Yazid al-Qazwini, al-Sunan, Dar al-Salaam, Riyadh,
1418 AH, the book on business transactions, chapter: what it is not permissible to sell, h.2167
16()
Sunan Ibn Majah, the book on food, chapter: liver and spleen, h.3314
17()
Ibn al-Qayyim, Muhammad bin Abu Bakr Shams al-Din, Zad al-Ma'ad, Muassasah al-Risalah,
Beirut, 1415 AH, 4:242
18()
Ibn Hajar, Ahmad bin Ali Abu al-Fazal, Fath al-Bari, Dar al-Marifah, Beirut, 1379 AH, 5:178
5807 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
audio, video cassettes and CDs of polytheistic naats and polytheistic qawwalis,
etc.

Dog: It is stated in the hadith that the Prophet (PBUH) forbade the charging of
price of the dog.19 In view of this hadith, the majority of scholars have taken the
view that buying and selling of any dog is absolutely illegal.20 However, another
hadith shows that the hunting dog is an exception to this prohibition. As Hazrat
Jabir (R.A) states that the Prophet (PBUH) forbade the price of dogs except the
hunting dogs.21 This hadith binds other Ahadith that absolutely forbad from the
dog trade, so the trade of all dogs except the hunting one will be haram.

Cat: Hazrat Jabir (R.A) says that the Prophet (PBUH) forbade the price of a cat.22
Although there is disagreement in the trade of cats, yet the preferred opinion is
that the trade of cats is haram, as it is forbidden in the above narrated sahih
hadith of Hazart Jabir (R.A).

Blood: Blood is forbidden in the Holy Qur'an and the price of blood is clearly
forbidden in the Prophetic Hadith,23 due to which the scholars have said that
buying and selling of blood is haram and have also quoted consensus on it. 24
However, it is permissible to buy and sell blood in times of compulsion and
extreme need, because "Necessities allow prohibitions." In addition, there are
two bloods whose trade is lawful because the Prophet (PBUH) declared them
lawful and they are “liver and spleen”.25

Instrument of Play and Amusement, CDs of Pornographic Songs and Movies

etc.:
These and other such things are forbidden because the Holy Qur'an promises
painful punishment to those who wish to spread immorality among Muslims.26
Similarly, buying and selling of singers is also forbidden in the Hadith of the
Prophet (PBUH),27 and its latest form may be to sell cassettes or CDs which
contain musicians and Pornography and obscenities. Such business and the
income derived from it is haram. The same rule applies to those newspapers,
magazines, journals and all other sources that spread pornography.

Excess water: In some ahadith, buying and selling the excess water is also

19()
Sahih al-Bukhari, the book of sales and trade, chapter: price of a dog, h.2237
20()
Al-Shawkani Muhammad bin Ali, Nayl al-Awtar, Dar al-Hadith, Egypt, 1413 AH, 3:512
21()
Sunan al-Nisai, the book of financial transactions, chapter: exceptions from that, h.4668
22()
Muslim bin al-Hajjaj al-Qushayri, al-Jami al-Sahih, Dar al-Salaam, Riyadh, 1412 AH, the book of
Musaqah, chapter: the prohibition of the price of a dog, h.1569
23()
Sahih al-Bukhari, the book of sales and trade, chapter: the Riba-giver, h.2086
24()
Nayl al-Awtar, 5:238; Fath al-Bari, 5:180
25()
Sunan Ibn Majah, the book on food, chapter: liver and spleen, h.3314
26()
An-Nur: 19
27()
Jami al-Tirmidhi, the book on business, chapter: what has been related about it being disliked to sell
singers, h.1282
5808 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
prohibited.28 Scholars say that the excess water prohibited in the ahadith refers
to water that does not belong to an individual person, such as water from rivers,
canals, springs and desert wells. But if the water is one's private property
(whether it is in pots or in private land), then it is permissible to buy and sell it,
because according to the Prophet's command, it is haram to take one's property
without one's consent. Secondly, if it is not permissible to sell privately owned
water and others are considered as partners in it, then this fight will lead to
conflict and strife. Therefore, in the public interest, the appropriate opinion is
that personal owned water can be sold.
● Furthermore, the meat of the sacrificial and aqeeqah, mosques or the
property dedicated to mosques, the pictures of animals, the offspring of
female animals, every haram thing, everything that causes any sin and
everything that causes any harm, etc., are the things whose trade is
forbidden, but for the sake of brevity, their details are being deleted.

(2) Some Illegal Forms and Methods of Trade

Every Form of Deception: The Prophet (PBUH) forbade the trade of

deception.29 A slave deal, a bird deal in the air, a fish deal in the water, and so on.
The trade of deception refers to a trade whose end is not known i.e. it is not
known whether it will happen or not, such as the selling a slave who has fled, the
trade of birds in the air, the trade of fish in the water etc. Imam al-Nawawi (R.A)
has said that one of the great principles of the Book of Sales and Trades is “the
prohibition of the trade of deception” and there are innumerable issues are
discussed under it… any such deal involving fraud is void.30
Here are just a few of the forms of trade that are prohibited in the ahadith of the
Prophet (PBUH) because of the deception; to bargain for the pregnancy of a
pregnant animal i.e. to bargain for a child that will be born by a child that is still
in the womb of a female animal, to bargain by simply touching or throwing
something away, dealing something by hiding its defect, stopping the milk of the
animal and selling it further so that the buyer will be deceived by considering it
as a milch animal and pay more price for it, dealing the raw fruits, bargaining for
raw field in exchange of grains, bargaining for raw dates in exchange of dried
dates, dealing with fruit on trees for more than a year, dealing with piles of grain
without weighing, bargaining for non-existent thing in exchange of non-existent
thing, selling meat after filling air in it, selling milk after mixing water in it, selling
fish existing in the water and selling milk existing in the teats, etc.

Bargain a thing before taking possession of it: It is not permissible to sell

grain or anything else before taking possession of it. The Prophet (PBUH) said:
“When you buy grain, do not sell it before you take possession of it.”31 Another

28()
Sahih Muslim, the book of Musaqah, chapter: the prohibition of selling surplus water, h.1565
29()
Sahih Muslim, the book of transactions, chapter: the invalidity of Hasah transactions, h.1513
30()
Al-Nawawi, Abu Zakariyya Yahya bin Sharaf, Interpretation of Sahih Muslim, Dar Ihya al-Turath
al-Arabi, Beirut, 1392 AH, 5:416
31()
Sahih Muslim, the book of transactions, chapter: it is invalid to sell goods before taking possession
of them, h.1529
5809 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
hadith says, it is not permissible to take advantage of something before taking
possession of it,32 e.g. if a person buys something and sells it before taking
possession (guarantee, while the guarantee is still on the seller), then the sale is
void and it is not permissible to make a profit from it. This hadith is interpreted
as, it is permissible to make a profit in anything (for man) only when his loss is
on him (i.e. he has taken possession of it), and if the loss is still on seller then it is
not permissible for buyer to make profit from it.33

Bargaining without ownership: It means to bargain for something that is not in

the seller's ownership at the time of sale, then this form of trade is forbidden.
The Prophet (PBUH) said: “Do not sell anything that you do not have.” 34 And
another hadith says, “Do not sell something that is not in your possession.”35 The
current situation is that some housing schemes sell files of 5,000 plots while they
still own only 3,000 plots and the rest are still intended to be purchased, then the
sale of excess land that is not owned by the scheme owners is illegal and so on
and so forth.

Selling the War Spoils before Distribution: It is forbidden to sell war spoils
before distribution because it does not belong to anyone yet. Hazrat Ibn Abbas
(R.A) said: Prophet PBUH forbade the sale of war spoils before its distribution.36

Dealing with caravans carrying goods on the way: The Prophet (PBUH) said:
“Do not go ahead and meet the caravans carrying goods.” 37 The situation is that
the citizen meets the desert dweller on the way before his reaching into the city
market so that he can misrepresent the market price and buy goods from him at
a cheaper price and less than the original price. Prohibition is intended to save
the seller from fraud and harm.

Increasing the price through bidding: The Prophet (PBUH) forbade the sale of
Najsh (inflating prices artificially),38 as in this case, a person bids just to increase
the price of the deal so that he can get someone else into it even though he
doesn't want to buy it himself. Sometimes, a person does so with the consent of
seller, in such cases both will be sinners. Sometimes this happens without the
knowledge of the seller, in such cases only the bidder will be guilty, and
sometimes the seller himself will do so in such a way that he shows the purchase
price higher than the actual purchase price just to make people pompous, in such
cases only the seller will be guilty.

32()
Sunan Ibn Majah, the book on Business Transactions, chapter: the prohibition of selling what is not
with you, h.2188
33()
Nayl al-Awtar, 3:555
34()
Sunan Abu Dawud, the book of wages, chapter: regarding a man selling what he does not possess,
h.3503
35()
Al-Bayhaqi, Ahmad bin Husayn, Sunan al-Kubra, Dar al-Kutub al-Ilmiya, Beirut, 1424 AH, 5:554
36()
Ahmad bin Hanbal, al-Musnad, Muassasah al-Risalah, Beirut, 1421 AH, h.9909
37()
Sahih al-Bukhari, the book of sales and trade, chapter: the seller is not allowed to keep animal
unmilked for a long time, h.2150
38()
Sahih al-Bukhari, the book of sales and trade, chapter: An-Najsh, h.2142
5810 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
Bargaining on someone's bargain: This is a bargain in which the buyer is given
the option to check the item for a few days so that he can return it if he does not
like it. During the time set for authorization, another man comes and asks the
buyer to cancel the deal with him; I will sell you the best thing at a cheaper price.
As it is not permissible to sell on sale, so it is not permissible to buy on sale. The
situation of latter case is, if a person says to the seller during the period of
authority that if you cancel the deal, I will buy the same thing from you at a
higher price. The Prophet (PBUH) forbade such trades.39

Forcing Someone to Deal: This method is not permissible because the condition
of the sale is to get the consent and happiness of the parties. The one who is
being forced is not sincerely happy to sell his thing, so this sale is not valid. The
scholars also cite the following hadith as evidence for the invalidity of this sale:
“Undoubtedly, Allah has forgiven, for me, my ummah's mistakes and
forgetfulness, and what they are forced to do.”40 This hadith clearly justifies that
the one from whom something is being forcibly sold, is not obligated in this case,
therefore such dealing is void.

Selling Things at High Prices through Hoarding:

Islam forbids hoarding with the intention that when the item is not available in
the market and people need it, I will take advantage of the people's compulsion
and sell the item at a price of my choice. However, there is nothing wrong with
storing something at home for personal use.

Buying and Selling in the Masjid:

The Prophet (PBUH) forbade buying and selling in the masjid.41 On one occasion
he said: “When you see someone buying and selling in the masjid, say: May Allah
not make a profit in your business.”42 It was learned that it is not permissible to
bargain or buy or sell anything in the masjid. Most of the scholars have imposed
this prohibition on haram. In addition, the purpose of establishing the masjid is
only to perform religious affairs (such as prayers, recitation of the Qur'an and
remembrance, etc.) and not worldly affairs such as buying and selling, etc.

Buying and Selling after Friday Adhan:

In view of the following command of the Holy Qur'an “O believers! When the call
to prayer is made on Friday, then proceed (diligently) to the remembrance of
Allah and leave off (your) business”,43 the scholars have agreed that buying and

39()
Sahih al-Bukhari, the book of sales and trade, chapter: not to cancel a bargain already agreed upon,
h.2139
40()
Sunan Ibn Majah, the book of divorce, chapter: divorce of one who is compelled, and of one who is
forgetful, h.2043
41()
Sunan Abu Dawud, the chapters on Friday prayer, chapter: gathering before the prayer on Friday,
h.1079
42()
Jami al-Tirmidhi, the book on business, chapter: the prohibition of selling in the Masjid, h.1321
43()
Al-Jumu'ah: 9
5811 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
selling or any kind of trade and business after the adhan of Jumu'ah is Haram as
Imam Ibn Kathir and Imam Ibn Rushd have quoted the consensus of scholars on
this issue.44
● In addition to the above, the selling of things without weights, dealing with
foreclosure, making a deal that would lead to the separation of blood
relations (such as selling two slave brothers separately), dealing with a needy
person at a low rate, buying the donated property yourself and dealing with
meat in exchange of live animals etc are also different forms of illicit trade.

(3) Interest-based Trades and Deals:

Interest (Sood) is a Persian word and is also used in Urdu. It means "profit". In
English the word ‘interest’ is used for it while in Arabic the word ‘Riba’ is used
that literally means “excess/increase”. One of the literary definitions of interest is
as, “It is surplus property which is free from any compensation according to the
Shari'ah standard and is conditional on compensation for one of the two
sellers.”45 While another definition is as, “It is a conditional increase which is to
be received in the deals’ contract without any compensation or right.”46
It should be noted here that interest is only the name of the increase which is to
be stipulated at the time of lending, and if there is no condition and the debtor
voluntarily pays something extra at the time of repayment of the debt, then it is
not interest but it is a good way to repay the debt which is also encouraged by
Islam as well as it is also mentioned in a hadith according to which the Prophet
(PBUH) borrowed a camel from a man and when the time came to return it, there
was a (better) camel, not of that age, but of an older one (which was more
valuable), so he gave it to him and said: “The best among you is the one who is
the best in repaying his debts.” 47
In addition, there are various interest-based transactions today that are being
legitimized in the name of trade and business, despite the fact that there is a big
difference between interest and trade, and the biggest difference is that interest
is haram and Trade is halal, as Allah Almighty has said, “That is because they (the
usurers) say, Trade is no different than interest. While (the fact is that) Allah has
permitted trading and forbidden interest.”48 To understand the difference
between trade and interest, the following few tips are also useful:
● Profits are guaranteed in interest while in trade there can be profit as well as
loss.
● In interest, only money is exchanged for money and profit is made for a
certain period of time, while in trade, a commodity/ product is bought and
sold in exchange of money for which hard work is done and then, as a result
of this effort, profit is obtained.

44()
Tafsir Ibn Kathir, 8:122; Ibn Rushd Abu al-Walid Muhammad bin Ahmad, Bidayat al-Mujtahid,
Dar al-Hadith, Cairo, n.d., 4:169
45()
Saadi Abu Habib, Doctor, Dictionary of Jurisprudence, Dar al-Fikr, Damascus, 1408 AH, p.143
46()
Al-Sarakhasi, Shams al-Aimma Muhammad bin Ahmed, Al-Mabsut, Dar al-Ma'rifah, Beirut, n.d.,
12:192
47()
Sahih al-Bukhari, the book of advocacy (authorization), chapter: to depute a person, present or
absent, h.2305
48()
Al-Baqarah: 275
5812 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
● The interest contracts get longer and longer, while the trade deals usually
end in the short term.
According to usurers’ view, as it is right to rent things, so is interest, and if it is
permissible to rent things, then why not money’s? To know the answer of this
question, it is necessary to understand the difference between interest and rent.
The first thing is that interest is just the profit of the passage of time while the
rent is not the passage of time but the use of something. The only thing that can
be rented is something which can be used to take advantage and no one rents
anything that can't be used for advantage. In other words, rent is for something
usable (such as a car, a house, etc.) and money is not usable (because it cannot be
worn, eaten, etc.) but money only serves to buy something and then those things
are used to get benefits. Secondly, the rented thing is always decreased because
of the use such as the use of machinery, house, car, etc., causes a defect in it,
while the lent amount does not decrease, but the entire amount including
interest (the profit) is recovered. Furthermore, in the case of rent, the property
rights remain with the owner, while in interest, the debtor has full authority to
dispose of the property as he desires.
In the light of these points, it becomes clear that there is a significant difference
between interest and rent, and it also becomes very clear why Allah Almighty has
declared rent to be permissible and interest to be unlawful, so it is better to
avoid interest-based trades in any case. Suffice to say regarding the abomination
of interest that in the Holy Qur'an it has been equated with war against Allah and
His Messenger,49 and in the hadith, not only the usurer is cursed50 but the lowest
of the seventy degrees of usury/interest is said to be equal to the sin of
committing adultery with one's mother.51 Due to this infamy of interest, the
consensus of the ummah regarding interest is that it is haram.52 Therefore, any
form of trade, commerce, buying and selling and transactions which is totally or
partially interest bearing, whether borrowing from banks at interest or car
leasing, insurance or reward bonds, currency exchange with fluctuations or use a
credit card and so on.

(4) A Few Other Miscellaneous Haram Sources of Income:

Earnings from Adultery: Earnings from adultery are forbidden in Islam.

Therefore, it is narrated in one of the hadith that the Prophet (PBUH) forbade the
wages of the prostitutes.53 Therefore, all businesses of prostitution, adultery,
pornography and nudity are haram.

Gambling Earnings: Since gambling is haram, as in the Holy Qur'an, gambling is

49()
Al-Baqarah: 279
50()
Sahih Muslim, the book of Musaqah, chapter: cursing the one who consumes Riba and the one who
pays it, h.1597
51()
Sunan Ibn Majah, the book on business transactions, chapter: emphatic prohibitions of usury,
h.2273
52()
Encyclopedia of Consensus in Islamic Jurisprudence, Dar al-Fazilah for Publishing and
Distribution, Riyadh, 1433 AH, 4:21
53()
Sahih al-Bukhari, the book of hiring, chapter: The earnings of prostitutes, h.2139
5813 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
called an evil act from which the people are forbidden.54 The hadith of the
Prophet (PBUH) says: “Verily, Allah Almighty has forbidden for my ummah
drinking alcohol and involving in gambling.”55 So, any form of business that
involves gambling is haram. Therefore, multi-level marketing, lotteries, puzzles
and raffle tickets are all haram and their earnings are also haram.

Earnings related to divination, soothsaying and other matters related to

the knowledge of the unseen:
In the Holy Qur'an, divination (drawing lots for decisions) is also forbidden.56
Reporting future unseen events is called soothsaying, and those who do so are
called soothsayers. This practice is also haram, as the hadith of the Prophet
(PBUH) says: “Whoever came to a soothsayer and confirmed his sayings, he
disbelieved in all the teachings that have been revealed to Muhammad (PBUH).”
57 And Hazrat Abu Bakr (R.A) had also put his finger in his mouth and vomited up

all that he had eaten when he came to know that what his slave had fed him he
had got it in return for the soothsaying.58 Therefore, those who tell the news of
the unseen in any way, draw lots for decisions, astrologers and those who tell the
address of lost things, etc., are all perpetrators of haram and their earnings are
haram.

Earnings from begging: It is not permissible to make begging a profession

because the Prophet (PBUH) strongly condemned it, as Hazrat Abdullah bin
Umar (R.A) reported God’s messenger as saying, “When a man is always begging
from people the result will be that he will come on the day of resurrection with
no flesh on his face.” 59 This hadith clearly define that, it is not permissible to beg
for food except under severe compulsion.

Bribery: Earning a bribe is also haram. Because, on the one hand, it involves
eating people's wealth in a false way, which Allah has forbidden, and on the
other, Allah and His Messenger have cursed the bribe-taker. 60 Therefore, it is
haram to take bribes from people in any way, whether it is in the form of wealth
or something else. As it is haram to take a bribe, so it is haram to give a bribe.

In addition, the scholars have also declared that it is haram to shave because of
the prohibition of shaving. Similarly, it has been said that it is not permissible to
take up the profession of photography due to the strict warning to take pictures

54()
Al-Maidah: 90
55()
Musnad Ahmad, h.6564
56()
Al-Maidah: 90
57()
Sunan Abu Dawud, book of divination and omens, chapter: regarding fortunetellers, h.3904
58()
Sahih al-Bukhari, the book on the merits of the helpers in Madinah, chapter: the days of pre-Islamic
period of ignorance, h.3831
59()
Sahih al-Bukhari, the book on the obligatory charity tax (Zakat), chapter: whoever asks the people
to increase his wealth, h.1484
60()
Sunan Ibn Majah, the book of rulings, chapter: emphatic prohibition against injustice and bribery,
h.2313; Sunan Abu Dawud, the book on the office of the Judge (Kitab Al-Aqdiyah), chapter: regarding
bribery being disliked, h.3580
5814 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
of living souls.

Summary
Trade and commerce are an integral part of human life, so it is important to
know its Islamic principles and laws. Since the principle in matters (business and
deals, etc.) is that everything is halal unless there is evidence of its prohibition.
So if the principles and rules are known that cause a business to fall into the
category of haram, halal sources of income can be easily adopted according to
the Shari'ah requirements. Considering the Shari'ah arguments and the sayings
of the Imams and the jurists, the result of the rules and regulations that make any
trade haram is that the trade of anything that is forbidden by Shari'ah is haram,
the trade of every najis and haram is haram, the trade of anything that is a source
of sin is haram, any form of trade in which there is dishonesty and cheating,
dissatisfaction of both parties, loss of the seller or the customer, ignorant of its
price etc is haram. It is also haram to trade in times or places where trade is
forbidden according to shari'ah such as after the call to prayer on Fridays, and to
buy and sell in masajid, etc. It is haram to trade in any intoxicant, and it is haram
to trade in anything that involves usury in any way.

References:
● Abdul Rahman Nasir al-Saadi, Tafsir Al-Saadi, Muassasah al-Risalah, Beirut,
1420 AH.
● Abu Dawud, Sulayman bin al-Ash'ath al-Sijistani, al-Sunan, Dar al-Salaam,
Riyadh, 1423 AH, the book of wages, chapter: regarding the price of khamr
and dead meat, h.3486.
● Ahmad bin Hanbal, al-Musnad, Muassasah al-Risalah, Beirut, 1421 AH,
h.9909.
● Al-Baydawi, Nasir al-Din Abu Sa'id, Tafsir al-Baydawi, Dar Ihya al-Turath al-
Arabi, Beirut, 1418 AH.
● Al-Bayhaqi, Ahmad bin Husayn, Sunan al-Kubra, Dar al-Kutub al-Ilmiya,
Beirut, 1424 AH.
● Al-Bukhari, Abu Abdullah Muhammad bin Isma'il, al-Jami al-Sahih, Dar al-
Salaam, Riyadh, 1411 AH, the book of oppressions, chapter: the sin of a man
who quarrels unjustly, h.2458.
● Al-Khazin, Alauddin Ali bin Muhammad, Tafsir al-Khazin, Dar al-Kutub al-
Ilmiyah, Beirut, 1415 AH.
● Al-Nasai, Abu Abd al-Rahman Ahmad bin Shu'ayb, al-Sunan, Dar al-Salaam,
Riyadh, 1414 AH, the book of drinks, chapter: prohibition of every drink that
intoxicates in large amounts, h.5607.
● Al-Nawawi, Abu Zakariyya Yahya bin Sharaf, Interpretation of Sahih Muslim,
Dar Ihya al-Turath al-Arabi, Beirut, 1392 AH.
● Al-Sarakhasi, Shams al-Aimma Muhammad bin Ahmed, Al-Mabsut, Dar al-
Ma'rifah, Beirut, n.d.
● Al-Shawkani Muhammad bin Ali, Nayl al-Awtar, Dar al-Hadith, Egypt, 1413
AH.

5815 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study
● Al-Shawkani, Muhammad bin Ali, Tafsir Fath al-Qadeer, Dar ibn Kathir,
Beirut, 1414 AH.
● Al-Tabari, Abu Jafar Muhammad bin Jarir, Tafsir al-Tabari, Muassasah al-
Risalah, Beirut, 1420 AH.
● Al-Tantawi, Muhammad Sayyid, al-Tafsir al-Wasit, Dar al-Nahza Misr for
Publishing, Cairo, 1998 AD.
● Al-Tirmidhi, Abu Isa Muhammad bin Isa, al-Jami, Dar al-Salaam, Riyadh, 1416
AH, the book on business, chapter: the prohibition to use wine to make
vinegar, h.1295.
● Al-Zamakhshari, Abu al-Qasim Jar Allah, Tafsir al-Kashshaaf, Dar al-Kitab al-
Arabi, Beirut, 1407 AH.
● Encyclopedia of Consensus in Islamic Jurisprudence, Dar al-Fazilah for
Publishing and Distribution, Riyadh, 1433 AH.
● Ibn al-Qayyim, Muhammad bin Abu Bakr Shams al-Din, Zad al-Ma'ad,
Muassasah al-Risalah, Beirut, 1415 AH.
● Ibn Hajar, Ahmad bin Ali Abu al-Fazal, Fath al-Bari, Dar al-Marifah, Beirut,
1379 AH.
● Ibn Kathir, Abu al-Fida Isma'il bin Umar, Tafsir ibn Kathir, Dar Taiba for
Publishing and Distribution, Beirut, 1420 AH.
● Ibn Majah, Abu Abdullah Muhammad bin Yazid al-Qazwini, al-Sunan, Dar al-
Salaam, Riyadh, 1418 AH, the book on business transactions, chapter: what it
is not permissible to sell, h.2167.
● Ibn Rushd Abu al-Walid Muhammad bin Ahmad, Bidayat al-Mujtahid, Dar al-
Hadith, Cairo, n.d.
● Muslim bin al-Hajjaj al-Qushayri, al-Jami al-Sahih, Dar al-Salaam, Riyadh,
1412 AH, the book of Musaqah, chapter: the prohibition of the price of a dog,
h.1569.
● Quran
● Saadi Abu Habib, Doctor, Dictionary of Jurisprudence, Dar al-Fikr, Damascus,
1408 AH.
● Sahih al-Bukhari, the book of advocacy (authorization), chapter: to depute a
person, present or absent, h.2305.

5816 | Dr. Shahzada Imran Ayub Principles Of Prohibited Trades In The Light
Of Islamic Law: An Analytical Study