From Bandar Seri Putra. Drop Greenwood - Tahfiz Darul Furqan - Medan Idaman - Taman Melati. Waiting for fly next tomorrow. Hope everything will be easier and smoother..
1716
Medan Idaman.
Uda's house.
~The only lasting beauty is the beauty of the heart ~ (Rumi). Expressing the small things in my life and appreciating them.
Saturday, September 13, 2008
Monday, September 8, 2008
Purify

Hometown. During this weekend, I spent my good moment with my happy family. Break the fast together. That was the best moment for this Ramadhan. Being a 'musafir', I always dream to live with my parent throughout Ramadhan in my kampung. But I have my own committment, responsiblity and task. The things that I wanna share today is purify our soul and heart. As a human being, we always forget about our health that has been borrowed by God. And we always intutively follow our nafs to eat, to buy, to drink what we want. But we must bear in mind, not all that drinks and foods are good for our healthy. We should remember, if we take a lot of sweet drink and food, it will cause the diabetes. And also the others like too much salty food, oily food and so on.
During Ramadhan, the best is we should take more 'kurma' for our healty. Get more plain water. No need eat too much even though the whole day we are fasting. We should take considerately food and drink. It will ensure us to easy performing tarawikh after isya'. Implicitly, we will refresh our mind that not only us are hungry during Ramadhan but around the world we still see many of them lack of healty food and drink. Some of them, just eat twice a day but only in small quantity. But how about us, which facing a lot of food everyday especially during Ramadhan? Think and feel that...
Friday, September 5, 2008
Ramadhan Kareem
Fri, 05 Sept 2008 - RAMADHAN KAREEMM... MABRUK 'ALAIK.. Asr is just around the corner. I seat on my chair properly and make a little streching. Today, I had a small meeting with my HOD and collegues with regard to our preparation for this coming semester. Insya Allah, I will be responsible to teach Public Finance, International Trade, Economics, Islamic Economics and Comparative Islamic Economics. Alhamdulillah.. all these subjects I like most. Hopefully shouldn't have any problem with these subject. Recently, am quite busy with my tranfering all my stuff to my new appartment (rental one). But, everything runs smoothly. Thank you Allah.. give me the best way of my life.
Now, am just waiting for my student for consultation her project paper. This paper required to all students in final semester. They have to learn Research Methodology and implementing into the small assignment before doing the project paper. As for me, they will benefit more in writing and improve their skill of searching and grabbing the knowledge. Not only the in writing but also in terms of knowing people, communication skill. This subject improve and expose me a lots when I was a student in Malaya University. The lecturer, Dr. Idris really taught us to be intelectual researcher. Being a researcher, we can not simply copy and paste whatever we like. It must be a way or procedure to be followed. Learning research methodology not a simple subject. We have put ourselves into the line of learning research methodology. Plagiarsm must be avoided. And how we have to avoid and make sure everything in the right step. Of course it has a way how to do. I tend to explain everything here. But may be it comes in the next post. The thing is we have know and feel what have we learnt. After all, we will appreciate in what we do, what we have and what accept. The concept of redha is much more important in our life. To be a good student, researcher, teacher or what else.. sincerity, redha and love our job will make everything easier and smoother...
Got to go.. tonight I will back to my hometown. Release my feeling of missing my parent, siblings and granny...
Now, am just waiting for my student for consultation her project paper. This paper required to all students in final semester. They have to learn Research Methodology and implementing into the small assignment before doing the project paper. As for me, they will benefit more in writing and improve their skill of searching and grabbing the knowledge. Not only the in writing but also in terms of knowing people, communication skill. This subject improve and expose me a lots when I was a student in Malaya University. The lecturer, Dr. Idris really taught us to be intelectual researcher. Being a researcher, we can not simply copy and paste whatever we like. It must be a way or procedure to be followed. Learning research methodology not a simple subject. We have put ourselves into the line of learning research methodology. Plagiarsm must be avoided. And how we have to avoid and make sure everything in the right step. Of course it has a way how to do. I tend to explain everything here. But may be it comes in the next post. The thing is we have know and feel what have we learnt. After all, we will appreciate in what we do, what we have and what accept. The concept of redha is much more important in our life. To be a good student, researcher, teacher or what else.. sincerity, redha and love our job will make everything easier and smoother...
Got to go.. tonight I will back to my hometown. Release my feeling of missing my parent, siblings and granny...
Monday, August 25, 2008
Mon. 25 Aug 2008 - Clock shows me at 9.15pm. Here i am in the BT2220 at level two. All my students concerntrate their paper. They just an hour answering the mid term of Economic Development. Some of them look very hard in answering exam and some of them look like blur. I try to read all what, where, why, how and when in their mind. Hopefully my questions to too hard for them. Ugh... one of my student start streching their arm..hand.. pulling his head... and also starring at me.. that's great! maybe infront of me have a lot of answers?...
Last weekend, on 23rd August 2008. It was my best moment in my life.. I received my scroll of my master degree. That was a memorable time because all my friends (master of economics) attended in this ceremony.. We met again and sharing our life's today.. about our job, experiences of our life... about marriage (just for those who get married - not me), how many children they have and so on. We really appreciated that time so much! We chat.. we laugh.. we share.. My feeling was at the climate. Of course yes, we have been long time do not meet each others and only in this time we meet, the only time when all our dreams come true. I feel some like nervous and my heart beating harder and harder when step inside the CAC Hall of IIUM. We line up properly... smoothly entering the hall. We felt like yea.. this the time of us spent three years for a degree.. not only a dream.. but the truth. Ya Allah.. Thank you for your kindness.. Give us an easy path throughout the years to complete our masters.. in seeking Your knowledge.. We hope this not only the destiny.. but the journey to go along with..
The ceremony started with the national song,Negaraku and what the suprise me is that the new IIUM's song... wah... so great! IIUM SONG (LEADING THE WAY)
Let ‘s lead the way
Enlighten the future
Share the wisdom
Through the spirit of Islam
Revelation and Reason
We shall excel, we shall prevail
Merging faith and knowledge
We’re the khalīfah
We’ll fulfill the Amānah
Chorus:
Together,
We make the world a better place
Forever,
Expand the culture of Iqra’
IIUM,
Is to realise, the meaning of…
Rahmatan li’l-Alamīn
Together,
We make the world a better place
Forever,
Expand the culture of Iqra’
IIUM,
Is to realise, the meaning of…
(Mercy to all the worlds)
For all mankind
.....
Last weekend, on 23rd August 2008. It was my best moment in my life.. I received my scroll of my master degree. That was a memorable time because all my friends (master of economics) attended in this ceremony.. We met again and sharing our life's today.. about our job, experiences of our life... about marriage (just for those who get married - not me), how many children they have and so on. We really appreciated that time so much! We chat.. we laugh.. we share.. My feeling was at the climate. Of course yes, we have been long time do not meet each others and only in this time we meet, the only time when all our dreams come true. I feel some like nervous and my heart beating harder and harder when step inside the CAC Hall of IIUM. We line up properly... smoothly entering the hall. We felt like yea.. this the time of us spent three years for a degree.. not only a dream.. but the truth. Ya Allah.. Thank you for your kindness.. Give us an easy path throughout the years to complete our masters.. in seeking Your knowledge.. We hope this not only the destiny.. but the journey to go along with..
The ceremony started with the national song,Negaraku and what the suprise me is that the new IIUM's song... wah... so great! IIUM SONG (LEADING THE WAY)
Let ‘s lead the way
Enlighten the future
Share the wisdom
Through the spirit of Islam
Revelation and Reason
We shall excel, we shall prevail
Merging faith and knowledge
We’re the khalīfah
We’ll fulfill the Amānah
Chorus:
Together,
We make the world a better place
Forever,
Expand the culture of Iqra’
IIUM,
Is to realise, the meaning of…
Rahmatan li’l-Alamīn
Together,
We make the world a better place
Forever,
Expand the culture of Iqra’
IIUM,
Is to realise, the meaning of…
(Mercy to all the worlds)
For all mankind
.....
Thursday, August 21, 2008
About Love: Swami Vivekananda
I once had a friend who grew to be very close to me.
Once when we were sitting at the edge of a swimming pool,
she filled the palm of her hand with some water and held it before me, and said this:
"You see this water carefully contained on my hand? It symbolizes Love."
This was how I saw it:
As long as you keep your hand caringly open and allow it to remain there, it will always be there.
However, if you attempt to close your fingers round it and try to posses it, it will spill through the first cracks it finds.
This is the greatest mistake that people do when they meet love...they try to posses it, they demand, they expect...
...and just like the water spilling out of your hand, love will retrieve from you .
For love is meant to be free, you cannot change its nature. If there are people you love, allow them to be free beings.
# Give and don't expect.
# Advise, but don't order.
# Ask, but never demand
& # Love unconditionally .
It might sound simple, but it is a lesson that may take a lifetime to truly practice.
It is the secret to TRUE LOVE.
Thanks to my dearest friend because enclosed this such wonderful words to me. I will remember forever...
Once when we were sitting at the edge of a swimming pool,
she filled the palm of her hand with some water and held it before me, and said this:
"You see this water carefully contained on my hand? It symbolizes Love."
This was how I saw it:
As long as you keep your hand caringly open and allow it to remain there, it will always be there.
However, if you attempt to close your fingers round it and try to posses it, it will spill through the first cracks it finds.
This is the greatest mistake that people do when they meet love...they try to posses it, they demand, they expect...
...and just like the water spilling out of your hand, love will retrieve from you .
For love is meant to be free, you cannot change its nature. If there are people you love, allow them to be free beings.
# Give and don't expect.
# Advise, but don't order.
# Ask, but never demand
& # Love unconditionally .
It might sound simple, but it is a lesson that may take a lifetime to truly practice.
It is the secret to TRUE LOVE.
Thanks to my dearest friend because enclosed this such wonderful words to me. I will remember forever...
Saturday, August 16, 2008
slaughter houses...
Sat. 12.11am - I am just wake up. I slept early to night. But the heavy ringing of my handphone make me shock. Just received call from my friend Ani. She just arrived KLIA from France. Alhamdulillah. She told me about 48 hours shei's in the flight. So funny of Ani. I couldn't imagine how patient she is.... waiting her siblings to fetch her even though when she's arriving... nobody there.. hehe... she's not coming back from Kedah or Sabah..but France... come on... so cute of her... And now, after chatting and laughing about our life and what's going happen next week and bla and bla.. and now is my turn..I couldn't sleep.. and start surfing... I found one article that very much attract me to share in this blog... especially us students... so, I quoted this article... share and think of it..
"Dear students! You have spent many years of your life at this institution to acquire education. You have eagerly been waiting for the day when you will reap the harvest of your labour in the form of a degree. I am aware of your emotions on this occasion, and that is why it pains me to express my thoughts so bluntly.
Frankly speaking, I consider this Alma Mater, in fact all Alma Maters of this kind, slaughter houses rather than educational institutions. The degrees to be awarded are in fact death certificates, issued when the murderer is satisfied that he has accomplished his task; fortunate are those who escape from this organised butchery with still some spark of life.
I have not come here to congratulate you on receiving these death certificates. I am, rather, overwhelmed with grief to see you in such a miserable plight. I am like someone seeking a person who might still be alive among a mass of corpses."
"Dear students! You have spent many years of your life at this institution to acquire education. You have eagerly been waiting for the day when you will reap the harvest of your labour in the form of a degree. I am aware of your emotions on this occasion, and that is why it pains me to express my thoughts so bluntly.
Frankly speaking, I consider this Alma Mater, in fact all Alma Maters of this kind, slaughter houses rather than educational institutions. The degrees to be awarded are in fact death certificates, issued when the murderer is satisfied that he has accomplished his task; fortunate are those who escape from this organised butchery with still some spark of life.
I have not come here to congratulate you on receiving these death certificates. I am, rather, overwhelmed with grief to see you in such a miserable plight. I am like someone seeking a person who might still be alive among a mass of corpses."
Thursday, August 14, 2008
Midterm Maths for Economics
Jalan terus.
Jangan toleh belakang lagi.
Saya sangat bahagia dan suka dengan apa yang saya lakukan sekarang ini.
Ya Allah.. daku bersyukur atas nikmat Mu..
* budak-budak tengah buat midterm... saya gembira.
Jangan toleh belakang lagi.
Saya sangat bahagia dan suka dengan apa yang saya lakukan sekarang ini.
Ya Allah.. daku bersyukur atas nikmat Mu..
* budak-budak tengah buat midterm... saya gembira.
Saturday, July 19, 2008
Guru dan Murid
Suatu pagi yang dingin, terjadilah satu perbualan antara seorang guru falsafah dan pelajarnya.. .
Pelajar: Guru, apakah erti cinta..? Bagaimanakah saya boleh mendapatkannya. ..?
Guru: Ada sebuah ladang gandum yang luas didepan sana. Berjalanlah kamu dan jangan sesekali kamu berundur. Kemudian ambillah satu ranting. Sekiranya kamu mendapati ranting tersebut sangat menakjubkan, ertinya kamu telah menemui cinta.
Pelajar tersebut pun berjalan dan tidak berapa lama dia kembali dengan tangan yang kosong.
Guru bertanya: Mengapa kamu tidak membawa sebatang ranting pun...?
Pelajar menjawab: Saya hanya terpaksa memilih satu ranting saja, dan sewaktu berjalan saya tidak boleh mengundur kebelakang semula. Sebenarnya saya telah sebenarnya saya telah berjumpa dengan satu ranting yang paling menakjubkan tapi saya tak tahu apakah yang akan menakjubkan di hadapan sana nanti, maka saya biarkan ranting itu lalu saya dapati tidak ada lagi ranting yang paling menakjubkan selain daripada yang saya lihat tadi. Jadi saya tidak mengambil sebatang pun akhirnya.
Gurunya menjawab: Ya, itulah cinta...
Dihari lainnya pula pelajar tersebut bertanya kepada gurunya, apa itu perkahwinan. ..?
Guru: Ada hutan yang subur didepan sana. Berjalanlah kamu, tapi janganlah kamu sesekali mengundur kebelakang, tebanglah sepohon pokok saja dan tebanglah jika kamu merasakan bahawa pohon tersebut adalah yang paling cantik, segar dan tinggi, kerana kamu telah menemukan apa itu perkahwinan.
Pelajar tersebut pun berjalan, dan tidak berapa lama, dia datang semula dengan membawa sepohon kayu, walaupun pohon tersebut tidaklah berapa segar, cantik dan tinggi pada pandangan guru tersebut.
Maka gurunya pun bertanya: Mengapa kamu memotong pohon seperti ini....?
Pelajar itu menjawab: Sebab berdasarkan pengalaman saya sebelum ini, saya hanya berjalan separuh daripada hutan tersebut dan saya takut akan kembali dengan tangan kosong. Jadi saya mengambil kesempatan menebang pohon ini lalu dibawa kesini. Pada pandangan saya ianya adalah pohon yang terbaik buat saya. Saya tidak mahu kehilangannya atau menyesal kerana tidak memilihnya.. .
Maka guru itu menjawab: Itulah perkahwinan. ......
source: my fren's mail
Pelajar: Guru, apakah erti cinta..? Bagaimanakah saya boleh mendapatkannya. ..?
Guru: Ada sebuah ladang gandum yang luas didepan sana. Berjalanlah kamu dan jangan sesekali kamu berundur. Kemudian ambillah satu ranting. Sekiranya kamu mendapati ranting tersebut sangat menakjubkan, ertinya kamu telah menemui cinta.
Pelajar tersebut pun berjalan dan tidak berapa lama dia kembali dengan tangan yang kosong.
Guru bertanya: Mengapa kamu tidak membawa sebatang ranting pun...?
Pelajar menjawab: Saya hanya terpaksa memilih satu ranting saja, dan sewaktu berjalan saya tidak boleh mengundur kebelakang semula. Sebenarnya saya telah sebenarnya saya telah berjumpa dengan satu ranting yang paling menakjubkan tapi saya tak tahu apakah yang akan menakjubkan di hadapan sana nanti, maka saya biarkan ranting itu lalu saya dapati tidak ada lagi ranting yang paling menakjubkan selain daripada yang saya lihat tadi. Jadi saya tidak mengambil sebatang pun akhirnya.
Gurunya menjawab: Ya, itulah cinta...
Dihari lainnya pula pelajar tersebut bertanya kepada gurunya, apa itu perkahwinan. ..?
Guru: Ada hutan yang subur didepan sana. Berjalanlah kamu, tapi janganlah kamu sesekali mengundur kebelakang, tebanglah sepohon pokok saja dan tebanglah jika kamu merasakan bahawa pohon tersebut adalah yang paling cantik, segar dan tinggi, kerana kamu telah menemukan apa itu perkahwinan.
Pelajar tersebut pun berjalan, dan tidak berapa lama, dia datang semula dengan membawa sepohon kayu, walaupun pohon tersebut tidaklah berapa segar, cantik dan tinggi pada pandangan guru tersebut.
Maka gurunya pun bertanya: Mengapa kamu memotong pohon seperti ini....?
Pelajar itu menjawab: Sebab berdasarkan pengalaman saya sebelum ini, saya hanya berjalan separuh daripada hutan tersebut dan saya takut akan kembali dengan tangan kosong. Jadi saya mengambil kesempatan menebang pohon ini lalu dibawa kesini. Pada pandangan saya ianya adalah pohon yang terbaik buat saya. Saya tidak mahu kehilangannya atau menyesal kerana tidak memilihnya.. .
Maka guru itu menjawab: Itulah perkahwinan. ......
source: my fren's mail
Tuesday, June 17, 2008
Rasa
Pagi tadi saya cuba call ayah. Tapi ayah tak angkat. Lepas tu, ayah call saya balik.
Kami dua beranak bersembang tentang cita-cita. Cita-cita ayah dan cita-cita saya.
Keputusan ayah untuk berpencen, dan keputusan saya untuk mengajar.
Dalam perbualan kami selama 20 minit, (ayah dalam perjalanan ke tempat kerja), telah terbongkar satu rahsia yang tidak pernah saya sangka ayah menyimpannya sekian lama.
Saya amat terkejut dan terkedu apabila ayah menerangkan bahawa dia telah pun memutuskan sesuatu untuk saya suatu masa dulu. Dulu memang saya ingat, tapi saya sudah lupakan kerana ia sudahpun berlalu. Namun, pagi tadi saya terharu dan tidak sangka rupa-rupanya ayah masih ingat.
1996 - Selepas dapat result PMR, saya sudah bercadang untuk mengambil jurusan lukisan, sebab saya minat melukis. Jadi kena pilih untuk tinggal di sekolah agama (tiada jurusan lukisan) atau tinggalkan sekolah agama (untuk ambil jurusan tersebut).
Setelah berbincang, saya menurut kata ayah. Sambung di sekolah agama ada dua lagi pilihan samada akaun atau agama? Sekali lagi ditentukan. Saya turut ambil jurusan agama.
2008 - Alhamdulillah. Berhasil.
Sekarang ayah akur dengan minat dan cita-cita saya. Ayah sokong saya. Mak pun. Abang pun. Adik-adik pun. Sahabat-sahabat saya pun terutama Nur Nursi. Jazakaullahu khairal jaza'....
Bumi Allah ini maha Luas... Kita saja yang kadang-kadang lupa dan alpa...
Kami dua beranak bersembang tentang cita-cita. Cita-cita ayah dan cita-cita saya.
Keputusan ayah untuk berpencen, dan keputusan saya untuk mengajar.
Dalam perbualan kami selama 20 minit, (ayah dalam perjalanan ke tempat kerja), telah terbongkar satu rahsia yang tidak pernah saya sangka ayah menyimpannya sekian lama.
Saya amat terkejut dan terkedu apabila ayah menerangkan bahawa dia telah pun memutuskan sesuatu untuk saya suatu masa dulu. Dulu memang saya ingat, tapi saya sudah lupakan kerana ia sudahpun berlalu. Namun, pagi tadi saya terharu dan tidak sangka rupa-rupanya ayah masih ingat.
1996 - Selepas dapat result PMR, saya sudah bercadang untuk mengambil jurusan lukisan, sebab saya minat melukis. Jadi kena pilih untuk tinggal di sekolah agama (tiada jurusan lukisan) atau tinggalkan sekolah agama (untuk ambil jurusan tersebut).
Setelah berbincang, saya menurut kata ayah. Sambung di sekolah agama ada dua lagi pilihan samada akaun atau agama? Sekali lagi ditentukan. Saya turut ambil jurusan agama.
2008 - Alhamdulillah. Berhasil.
Sekarang ayah akur dengan minat dan cita-cita saya. Ayah sokong saya. Mak pun. Abang pun. Adik-adik pun. Sahabat-sahabat saya pun terutama Nur Nursi. Jazakaullahu khairal jaza'....
Bumi Allah ini maha Luas... Kita saja yang kadang-kadang lupa dan alpa...
Friday, June 13, 2008
Bay' al-Ma'dum
Bai Al Ma'dum is literally the non-existent. Technically it denotes the object, which is not seen nor sensorially perceived, by either party to the contract or where the object of the contract is present but hidden from view. DR Zaki Badawi, shariah consultant to Islamic Banker, gives the range of opinion within Muslim law specifying the contractual requirements for the sale unseen goods.
The Shariah Law of Contract is based on three fundamental principles:
• The principle of Justice; neither party to a contract may exploit the other. Hence the prohibition of riba (usury) the taking of which is branded by the Qu'ran as aggression against the debtor (AlBaqarah, verse 279)
• The principle of Transparency. Those concerned must share all available information. Withholding crucial information bearing on the transaction could render the contract invalid. Also contracts involving a high degree of gharar (ignorance) are illegal. Deception or ignorance of the nature of a transaction leads to disputation and lack of trust, which the Shariah rules are designed to prevent.
• The principle of Maslaha meaning the common interest supported by the spirit of the Shariah and not by a specific text. On the basis of Maslaha a particular form of transaction may be exempted from a general rule because it has been shown in common practice to facilitate business. The Shariah abounds with examples of such exemptions as will be cited below.
The above principles set the limits and also indicate the flexibility of the system. The student of the fiqh is seldom f with a unanimous judgment on issues conduct outside the area of worship. Scholars have always been well aware t the established rules could be set as through common practice" (Zeila' Tabyan Al-Haqiq. v. 5 p. 184 as quoted by M. M. Shalabi in Ta'lil Al Ahkam p. 344 Published by Dar Al Nahdah Al 'Aarabiyah, Beirut 1981) clearly this does not apply to fundamental rules like the prohibition of riba.
The views of fuqaha on Bai Al Ma'dum provide a rich and varied diet derived from their diverse experiences or pre-occupations with certain aspects of the transaction. The strictest school is the Shafii, which declares that Bai Al Ma'dum is invalid whether the goods in question are some distance from the place of sale or present there but hidden from view. Description of the good s is no substitute for viewing. Imam Shafii did not always hold this view. Indeed in his early days he accepted Bai Al Ma'dum if the goods are fully described. The other three Sunni schools (Hanafi, Maliki and Hanbali) accept description as sufficient to make the sale legal, providing the buyer is given the right to withdraw from the contract once he examines the goods and finds them to be not as expected. This may, perhaps, be seen as an early trade descriptions act.
The Shafii School
Viewing the goods suffices, in the Shafii' view, to make the sale legal, even for goods which are assessed, like honey of perfume, by their scent or taste. They go even further and dispense with counting or weighing the goods once the buyer has seen them. Viewing of the goods does not have to occur at the time of sale if the buyer has seen the goods previously. This holds providing the goods property such as houses or furniture and not subject to other change. However, perishable goods, such as fruit and vegetables or goods subject to other sorts of change not necessarily deterioration such as livestock, would have to be seen at the time of sale. In general, viewing a sample of the goods may be taken as a good representation of the quality of the whole portion offered for sale. However, in some cases a thorough examination of the whole subject of the purchase is deemed necessary as for example the purchase of house, which requires examination of the interior as well as the exterior.
The Hanafi School
For the Hanafi School, if the goods are present but hidden from view, then the seller must identify them by pointing out, for example, which box contains them. If the goods for sale are in another place known to the buyer and are unique then the sale is valid an example of this kind of sale would be the selling of a certain book on a particular shelf. The goods can also identified by description or by ownership or similar specification. The rule is that the buyer must be made fully aware of what he or she is buying.
The Hanafi School permits Bai Al Ma'dum on two conditions:
• The sale goods are owned by the seller, in other words, he or she is entitled to sell them
• The seller describes them in such a clear way as to avoid an intolerable degree of lack of information (gharar). In all circumstances the buyer is entitled to reject the goods if they do not match the description.
The Maliki School
For the Maliki School, viewing the goods even when they are measured by weight, volume or number is sufficient. Buying melons, for instance on t he strength of being shown a sample is quite legal. If the buyer finds that what he bought differs slightly from the sample, the sale still remains valid. But if he discovers that the goods he bought differ grossly from the sample, then the buyer is entitled to return the goods and be reimbursed.
The above principles set the limits and also indicate the flexibility of the system. The student of the fiqh is seldom faced with a unanimous judgment on issues of conduct outside the area of worship. The scholars have always been well aware that the established rules could be set-aside through common practiced.
An interesting Maliki rule allows the buyer in a Bai Al-Ma'dum to sell the unseen object to a third party on condition of the immediate payment of the price. This applies if the object of sale is land or a building, and the third party purchaser is given its description by a person not party to the contract, and that the original sale was final and not subject to cancellation or variance.
The Maliki School in general differentiates between goods, which are present but hidden from view, and those far away from the parties. It invalidates the sale of the hidden goods unless the removal of their cover causes damage. If the goods are not present at the place of the contract, then the sale is valid if either they are adequately described, or the buyer is given the choice not to conclude the sale without viewing the goods. If both these conditions are disregarded the sale is invalid.
The Hanbali School
The Hanbalis classify the goods in Bai aI-Ma'dum into two categories:
• A specific object such as a book, a pen, a car or sacks of grain or suchlike. In such a case whether the buyer is present at the sale or absent, the goods are identified to the buyer. If the goods are covered, sugar in boxes, for example, or oil in barrels, the buyer is entitled to return his purchase if he discovers that the goods do not match the description given by the seller.
• Goods described as in the Bai Al Salam. As, for example, a white horse three years old, 16 hands in height, of particular descent, or a car of a given make, color, mileage, age and other specification, such a type other specification, such a type of sale is not a Bai AI Salam, but is similar to it. in this case if the goods delivered do not meet the description agreed, then they buyer may reject them, but the contract of sale remains in force and the seller is asked to provide an acceptable alternative.
The sale must be effected at the time and place of the contract with the price paid and the goods handed over, otherwise the contract is null and void.
The Hanbali School permits the Bai AI Ma'dum contract only if the goods are measurable by weight or volume. This excludes goods sold by number such as eggs, apples, pomegranates and suchlike, and precious stones. It demands that the seller must list clearly the qualities of the goods, especially those qualities directly affecting the price. This view is based on the Hanbali perception that this type of transaction is similar to Bai Al Salam. Full description and exact measurement of goods are prerequisite for the validity of both contracts.
To summaries, all the four Sunni schools permit Bai Al Ma'dum although in general Sham scholars tend to reject it. In all circumstances the schools demand for the validity of the Bai Al Ma'dum contract a strict observance of conditions to limit 'the possibility of dispute. Thus all of them accord the buyer the choice to cancel the sale once the goods are seen and found not to meet the description in the contract. Finally, for Bai al Ma'dum the goods would be considered seen or present if a sample when appropriate is examined by the purchaser, otherwise full examination may be required.
There is tolerance of a certain degree of gharar in this type of contract as a price of its due to business. . Just as Bai al Wafa' is also legalized by some scholars against the rules. Bai al Wafa' involves the sale of goods by a debtor to his creditor in settlement of the debt on condition that the debtor can recover the goods if he repays the debt. The scholars in Samarkand noticed that it was in common practice and therefore approved it.
The Shariah Law of Contract is based on three fundamental principles:
• The principle of Justice; neither party to a contract may exploit the other. Hence the prohibition of riba (usury) the taking of which is branded by the Qu'ran as aggression against the debtor (AlBaqarah, verse 279)
• The principle of Transparency. Those concerned must share all available information. Withholding crucial information bearing on the transaction could render the contract invalid. Also contracts involving a high degree of gharar (ignorance) are illegal. Deception or ignorance of the nature of a transaction leads to disputation and lack of trust, which the Shariah rules are designed to prevent.
• The principle of Maslaha meaning the common interest supported by the spirit of the Shariah and not by a specific text. On the basis of Maslaha a particular form of transaction may be exempted from a general rule because it has been shown in common practice to facilitate business. The Shariah abounds with examples of such exemptions as will be cited below.
The above principles set the limits and also indicate the flexibility of the system. The student of the fiqh is seldom f with a unanimous judgment on issues conduct outside the area of worship. Scholars have always been well aware t the established rules could be set as through common practice" (Zeila' Tabyan Al-Haqiq. v. 5 p. 184 as quoted by M. M. Shalabi in Ta'lil Al Ahkam p. 344 Published by Dar Al Nahdah Al 'Aarabiyah, Beirut 1981) clearly this does not apply to fundamental rules like the prohibition of riba.
The views of fuqaha on Bai Al Ma'dum provide a rich and varied diet derived from their diverse experiences or pre-occupations with certain aspects of the transaction. The strictest school is the Shafii, which declares that Bai Al Ma'dum is invalid whether the goods in question are some distance from the place of sale or present there but hidden from view. Description of the good s is no substitute for viewing. Imam Shafii did not always hold this view. Indeed in his early days he accepted Bai Al Ma'dum if the goods are fully described. The other three Sunni schools (Hanafi, Maliki and Hanbali) accept description as sufficient to make the sale legal, providing the buyer is given the right to withdraw from the contract once he examines the goods and finds them to be not as expected. This may, perhaps, be seen as an early trade descriptions act.
The Shafii School
Viewing the goods suffices, in the Shafii' view, to make the sale legal, even for goods which are assessed, like honey of perfume, by their scent or taste. They go even further and dispense with counting or weighing the goods once the buyer has seen them. Viewing of the goods does not have to occur at the time of sale if the buyer has seen the goods previously. This holds providing the goods property such as houses or furniture and not subject to other change. However, perishable goods, such as fruit and vegetables or goods subject to other sorts of change not necessarily deterioration such as livestock, would have to be seen at the time of sale. In general, viewing a sample of the goods may be taken as a good representation of the quality of the whole portion offered for sale. However, in some cases a thorough examination of the whole subject of the purchase is deemed necessary as for example the purchase of house, which requires examination of the interior as well as the exterior.
The Hanafi School
For the Hanafi School, if the goods are present but hidden from view, then the seller must identify them by pointing out, for example, which box contains them. If the goods for sale are in another place known to the buyer and are unique then the sale is valid an example of this kind of sale would be the selling of a certain book on a particular shelf. The goods can also identified by description or by ownership or similar specification. The rule is that the buyer must be made fully aware of what he or she is buying.
The Hanafi School permits Bai Al Ma'dum on two conditions:
• The sale goods are owned by the seller, in other words, he or she is entitled to sell them
• The seller describes them in such a clear way as to avoid an intolerable degree of lack of information (gharar). In all circumstances the buyer is entitled to reject the goods if they do not match the description.
The Maliki School
For the Maliki School, viewing the goods even when they are measured by weight, volume or number is sufficient. Buying melons, for instance on t he strength of being shown a sample is quite legal. If the buyer finds that what he bought differs slightly from the sample, the sale still remains valid. But if he discovers that the goods he bought differ grossly from the sample, then the buyer is entitled to return the goods and be reimbursed.
The above principles set the limits and also indicate the flexibility of the system. The student of the fiqh is seldom faced with a unanimous judgment on issues of conduct outside the area of worship. The scholars have always been well aware that the established rules could be set-aside through common practiced.
An interesting Maliki rule allows the buyer in a Bai Al-Ma'dum to sell the unseen object to a third party on condition of the immediate payment of the price. This applies if the object of sale is land or a building, and the third party purchaser is given its description by a person not party to the contract, and that the original sale was final and not subject to cancellation or variance.
The Maliki School in general differentiates between goods, which are present but hidden from view, and those far away from the parties. It invalidates the sale of the hidden goods unless the removal of their cover causes damage. If the goods are not present at the place of the contract, then the sale is valid if either they are adequately described, or the buyer is given the choice not to conclude the sale without viewing the goods. If both these conditions are disregarded the sale is invalid.
The Hanbali School
The Hanbalis classify the goods in Bai aI-Ma'dum into two categories:
• A specific object such as a book, a pen, a car or sacks of grain or suchlike. In such a case whether the buyer is present at the sale or absent, the goods are identified to the buyer. If the goods are covered, sugar in boxes, for example, or oil in barrels, the buyer is entitled to return his purchase if he discovers that the goods do not match the description given by the seller.
• Goods described as in the Bai Al Salam. As, for example, a white horse three years old, 16 hands in height, of particular descent, or a car of a given make, color, mileage, age and other specification, such a type other specification, such a type of sale is not a Bai AI Salam, but is similar to it. in this case if the goods delivered do not meet the description agreed, then they buyer may reject them, but the contract of sale remains in force and the seller is asked to provide an acceptable alternative.
The sale must be effected at the time and place of the contract with the price paid and the goods handed over, otherwise the contract is null and void.
The Hanbali School permits the Bai AI Ma'dum contract only if the goods are measurable by weight or volume. This excludes goods sold by number such as eggs, apples, pomegranates and suchlike, and precious stones. It demands that the seller must list clearly the qualities of the goods, especially those qualities directly affecting the price. This view is based on the Hanbali perception that this type of transaction is similar to Bai Al Salam. Full description and exact measurement of goods are prerequisite for the validity of both contracts.
To summaries, all the four Sunni schools permit Bai Al Ma'dum although in general Sham scholars tend to reject it. In all circumstances the schools demand for the validity of the Bai Al Ma'dum contract a strict observance of conditions to limit 'the possibility of dispute. Thus all of them accord the buyer the choice to cancel the sale once the goods are seen and found not to meet the description in the contract. Finally, for Bai al Ma'dum the goods would be considered seen or present if a sample when appropriate is examined by the purchaser, otherwise full examination may be required.
There is tolerance of a certain degree of gharar in this type of contract as a price of its due to business. . Just as Bai al Wafa' is also legalized by some scholars against the rules. Bai al Wafa' involves the sale of goods by a debtor to his creditor in settlement of the debt on condition that the debtor can recover the goods if he repays the debt. The scholars in Samarkand noticed that it was in common practice and therefore approved it.
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