"AND DO NOT EAT UP EACH OTHER'S PROPERTY BY FALSE MEANS, NOR APPROACH THE AUTHORITIES WITH IT TO EAT UP A PORTION OF THE PROPERTY OF THE PEOPLE SINFULLY, WHILE YOU KNOW." (SURAH AL-BAQARAH:188)
In Islamic law all transactions known as void, invalid or sinful have some defect inherent in the deal. At times, it could be plain fraud, at others, a return for some unknown entity or act. On occasions, someone's rights are usurped or self-interest in promoted by bringing loss upon others, or it is a violation of the rights of the general public. A very important reason why interest, gambling and their likes have been prohibited is that they are harmful to the public interest. They lead to a few people becoming rich while the masses end up being poorer. That is why these transactions have been declared Hara'am (impermissible) even with the consent of both the parties because these harm the whole society.
Part 2
In Islamic law all transactions known as void, invalid or sinful have some defect inherent in the deal. At times, it could be plain fraud, at others, a return for some unknown entity or act. On occasions, someone's rights are usurped or self-interest in promoted by bringing loss upon others, or it is a violation of the rights of the general public. A very important reason why interest, gambling and their likes have been prohibited is that they are harmful to the public interest. They lead to a few people becoming rich while the masses end up being poorer. That is why these transactions have been declared Hara'am (impermissible) even with the consent of both the parties because these harm the whole society.
Part 2
It is worth noting that the Holy Quran uses the word ’اموالکم‘ (amwalakum) which means 'your property'. This expression hints at the fact that those who encroach upon the property of others must remember that the other person would also have the same sort of love and concern for his property as the encroacher has for his own. If they encroached upon your property how much would it have hurt you? Keep that in mind when you are thinking of encroaching upon theirs.
Part 3
This verse was revealed in the background of a particular event which relates to a land dispute between two of the noble Companions (Sahaba). The case came up for hearing in the court of the Holy Prophet ﷺ. The plaintiff had no witnesses. The Holy Prophet SAW asked the defendant to take an oath in accordance with Islamic legal norm. He was all set to take the oath when the Holy Prophet SAW recited the following verse before him:
"Surely, those who take a small price out of the covenant of Allah and out of their oaths, for them there is no share in the Hereafter." (3:77)
When the Companion heard this verse which warns those who try to take over someone's property through a false oath, he abandoned his intention to take that oath and surrendered the land to the plaintiff. (Ruh al-Ma'ani)
Part 4
In the case of a person knowingly making a false claim Rasool Allah ﷺ has said:
"I am human and you bring your disputes to me. May be one of you is more eloquent with his case than the other and I decide in his favour on the basis of what I hear from him. So, should he get anything from what is the right of his brother, he should not take it because, in that case I shall be allocating him a piece of land from Hell." (Bukhari and Muslim from Umm Salmah RAA)
In this Hadith Rasool Allah SAW has made it clear that even if a Muslim Judge delivers a judgment under some misunderstanding in which the legal right of one party is unlawfully given to another party, such a judgment will not render that thing Halal for the other party. If someone succeeds in procuring something belonging to someone else through a court by fraud, false witnesses or false oath, that object or property will stay Hara'am for him.
Part 5
The Holy Quran says that, "O messengers, eat of the good things and be righteous in deeds. I am aware of what you do." (23:51)
Hazrat Mufti Muhammad Shafi RE has said that this verse alludes to it a person can do righteous deeds only if what he eats and drinks is Halal. Rasool Allah ﷺ has made it clear in a Hadith that the address in this verse is not to the Prophets alone, but to all Muslims. Towards the end of this Hadith Rasool Allah SAW said that the prayer of a person who eats Hara'am is not answered. Rasool Allah SAW adds that their are many people who make a lot of effort in Ibadah (prayers), then raise their hands in prayer and say, 'O Lord, O Lord', but what they eat is Hara'am, what they drink is Hara'am, what they wear is Hara'am, how can their prayers be accepted?"
Part 6
In another Hadith Rasool Allah ﷺ has said, "One who ate Halal, followed the Sunnah, and did not hurt people, will go to Paradise." The blessed Companions said, "O Messenger of Allah, right now these things are common in your community. Most Muslims observe these strictly." He said, "Yes! In future too, in every age, there will be people who shall abide by these rules." (The Hadith has been reported by Tirmidhi and he calls in Sahih)
This verse was revealed in the background of a particular event which relates to a land dispute between two of the noble Companions (Sahaba). The case came up for hearing in the court of the Holy Prophet ﷺ. The plaintiff had no witnesses. The Holy Prophet SAW asked the defendant to take an oath in accordance with Islamic legal norm. He was all set to take the oath when the Holy Prophet SAW recited the following verse before him:
"Surely, those who take a small price out of the covenant of Allah and out of their oaths, for them there is no share in the Hereafter." (3:77)
When the Companion heard this verse which warns those who try to take over someone's property through a false oath, he abandoned his intention to take that oath and surrendered the land to the plaintiff. (Ruh al-Ma'ani)
Part 4
In the case of a person knowingly making a false claim Rasool Allah ﷺ has said:
"I am human and you bring your disputes to me. May be one of you is more eloquent with his case than the other and I decide in his favour on the basis of what I hear from him. So, should he get anything from what is the right of his brother, he should not take it because, in that case I shall be allocating him a piece of land from Hell." (Bukhari and Muslim from Umm Salmah RAA)
In this Hadith Rasool Allah SAW has made it clear that even if a Muslim Judge delivers a judgment under some misunderstanding in which the legal right of one party is unlawfully given to another party, such a judgment will not render that thing Halal for the other party. If someone succeeds in procuring something belonging to someone else through a court by fraud, false witnesses or false oath, that object or property will stay Hara'am for him.
Part 5
The Holy Quran says that, "O messengers, eat of the good things and be righteous in deeds. I am aware of what you do." (23:51)
Hazrat Mufti Muhammad Shafi RE has said that this verse alludes to it a person can do righteous deeds only if what he eats and drinks is Halal. Rasool Allah ﷺ has made it clear in a Hadith that the address in this verse is not to the Prophets alone, but to all Muslims. Towards the end of this Hadith Rasool Allah SAW said that the prayer of a person who eats Hara'am is not answered. Rasool Allah SAW adds that their are many people who make a lot of effort in Ibadah (prayers), then raise their hands in prayer and say, 'O Lord, O Lord', but what they eat is Hara'am, what they drink is Hara'am, what they wear is Hara'am, how can their prayers be accepted?"
Part 6
In another Hadith Rasool Allah ﷺ has said, "One who ate Halal, followed the Sunnah, and did not hurt people, will go to Paradise." The blessed Companions said, "O Messenger of Allah, right now these things are common in your community. Most Muslims observe these strictly." He said, "Yes! In future too, in every age, there will be people who shall abide by these rules." (The Hadith has been reported by Tirmidhi and he calls in Sahih)
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