SOME OTHER JAAHILIYYA RIGHTS

By theMajlis.net
Published: 02/20/2005 - 20:23

Trade Licence
Among the baatil rights which the liberal Molwis have legalized and claimed to be valid
commodities of sale is a trading licence granted by the kuffaar or fussaaq authorities. Their argument
is that a trading licence is a right acquired from the governmental/municipal authorities. This right is
registered by the government, and the licence allows a person to trade. Frequently the licensee sells
his licence to another person.
The liberal Molwis argue that since there is benefit in this licence, hence its selling and buying are
permissible. The same stupid argument they have put up for the sale of a trade name is presented for
the erroneous opinion of the permissibility of selling a trade licence. Another daleel for this
permissibility is urf or the general practice of the people. The question of Urf will, InshaAllah be
dealt with in a separate treatise. The liberal Molwis have created considerable confusion on this
issue. In fact, they have effectively made Urf the abrogator of any law of the Shariah. The need is for a
detailed refutation which will be issued if Allah Taala grants us the taufeeq and the means. The same
explanation pertaining to intifaa on the question of trade name applies here. Intifaa (gaining benefit)
does not transform an abstract thing into maal (tangible, tradable commodity).
There is a fundamental difference between a trade name and a licence to trade, which makes the
latter reprehensible and haraam. A trade name and a trade mark are Mubaahul Asl, i.e. permissible.
Everyone has the right to adopt any permissible name for his business. He does not have to pay
anything for availing himself of this inherent right, and no one and no authority have the right to
debar him from this right. While it is his right to adopt a trade name/mark, he has no right of selling it.
This has already been explained.
In contrast, a licence to allow people to trade, is a device of zulm (oppression). It is every persons
inherent right to set up shop and trade in all lawful products and in any place of his desire provided,
of course, that no dharar (harm) is caused to anyone, i.e. real harm e.g. trading on a plot of ground
without the consent of its owner or setting up a stall in a public thoroughfare, thereby hampering the
movement of people.
The Shariah has given every person the right to trade. He does not require permission from the government
or municipality to trade. Prohibiting a person from trading because he has no licence is zulm and haraam. A
licence is a worthless scrap of paper which is an instrument of oppression and injustice.
To sell this scrap of zulm paper is haraam. It is firstly, not even a right. Secondly, it is an instrument of zulm.
Thirdly, it is not maal. Its sale is more repugnant than selling a trade name. Fourthly, the intifaa or gaining
monetary benefit by selling the licence, is also haraam. Even this baseless right of zulm has been legalized
by the liberal Molwis.
Import/Export Permits
The liberal Mowis have also legalized this instrument of zulm. It is the Mubaahul Asl right of every
person to import and export goods in the pursuance of his rizq and wealth. A government has no
authority to debar anyone from this lawful inalienable right granted to people by the Shariah. These
permits are haraam instruments and scraps of paper which are not maal in Islam.

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As far as the contention of intifaa (deriving benefit) with these instruments of oppression is
concerned, such intifaa is haraam, i.e. the gain derived from selling the instrument of zulm. It is not
permissible to earn money by perpetuating injustice and oppression. If one has no use for the permit,
have it cancelled, or if another Muslim could be assisted without creating problems for oneself, aid
him with the permit for the pleasure of Allah Taala and for the wonderful manfa-at of Thawaab in the
Aakhirah. Money may not be charged for this device of zulm.
The aforementioned ruling of hurmat (prohibition/being haraam) applies to all similar imaginary
rights, benefits and permits which are the products of the western system of economics.
Goodwill
Goodwill is termed Haqq-e-Ijaarah by the liberal Molwi who so ardently espouses the cause of
copyright and all the other baatil rights in vogue in this age. Haqq-e-Ijaarah means the right of
leasing which according to the liberal Molwi Saheb is the right which the occupying tenant or the
owner of the building has. A person who wishes to occupy the premises may pay the existing tenant
a sum of money to vacate. Or the owner of the building may charge a sum of money, apart from the
monthly rental, for granting occupancy.
These forms of goodwill have also been legalized by the liberals on the basis of prevalent custom
(urf) an isolated example in Shaami, and juggling with some principles of the Shaafi and Hambali
Math-habs. We have already made reference earlier to this baseless and haraam riba charge.
According to the Shariah, the existing tenant has absolutely no right to charge any money for
vacating. He occupies another persons property for which he pays rents. If he no longer has use for
the premises, or his lease has expired and he has no intention of renewing it, he has to vacate. The
goodwill he charges to vacate comes fully within the purview of the definition of riba: Riba is every
excess which does not have an iwaz (material commodity) as its equivalent.
This is the Shari definition of riba which fully applies to the baatil so- called Haqq-e-Ijaarah. The
liberal Molwi has painstakingly laboured and meandered through a mire of technicalities, sampling
every Math- hab, to conjure up his fatwa of permissibility for this haraam riba levy. Similarly, the
goodwill charged by the owner of the property, is also riba, plain and simple. The reward or lawful
gain of the owner is the rent the tenant pays. It is haraam to encumber the tenant with the haraam riba
charge baselessly designated Haqq-e-Ijaarah.

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