🔍 Understanding KAʾLAH (كالة): An 🕌 Islamic Financial Prohibition§
Definition§
KAʾLAH (كالة) refers to a particular form of sale prohibited in Islamic jurisprudence. It pertains to sales based on deferred goods or credit transactions involving a third party’s debt.
Etymology and Background§
The term “KAʾLAH” (Arabic: كالة) originates from the Arabic root k-l-l, hinting at a deferred or credit-based transaction complicated by the involvement of a third party. The prohibition comes from Hadith literature, specifically found in sources like Mishkāt al-Maṣābīḥ.
Legal Basis§
The Hadith from Mishkāt, book xii, ch. v., pt. 2, states that the Prophet Muhammad forbade selling on credit where the goods were similarly obtained on credit from another party. This ruling maintains clarity and fairness in trade, ensuring that all parties have direct knowledge of and access to the transacted goods.
Example Explained: The situation is prohibited where, if ‘Amr owes Zaid a piece of cloth, and Bakr owes Zaid ten dirhams, Zaid cannot complete a sale by claiming to sell the cloth Amr owes him to Bakr for ten dirhams.
Cultural Differences and Similarities§
Differences:§
KAʾLAH holds uniqueness in the Islamic legal tradition. Comparable prohibitions might exist in other moral philosophies or legal systems but often differ in scope and rationale.
Similarities:§
Concepts of fairness, transparency, and direct ownership in sales transactions can be seen within various global legal and financial systems, aiming to prevent unjust enrichment and guarantee ethical fairness in trade practices.
Synonyms and Antonyms§
Synonyms:
- Forbidden sale
- Prohibited trade
Antonyms:
- Permissible sale
- Halāl transaction
Related Terms§
**1. Riba (ربا): Interest-based transactions forbidden in Islam. **2. Gharar (غرر): High-risk or uncertain transactions that are prohibited. **3. Murabaha: A legitimate Islamic financing model involving mark-up in trading.
Exciting Facts§
- Many classical Islamic scholars spent considerable time dissecting and explaining the permissible and non-permissible trade practices, with significant contributions from figures like ʿAbdullāh ibn Masʿūd.
- KAʾLAH rulings are part of broader Islamic financial ethics aiming to protect individuals from exploitation.
Quotations from Notable Scholars:§
- Ibn Qayyim al-Jawziyya: “Justice in transactions embodies the soul of Islamic law, preventing the wrongdoing and rigidity that destroy mutual trust and societal welfare.”
- ʿAbdu l-Ḥaqq: “KAʾLAH stands as an epitome of transactions that obscure clarity, demanding a firm halt for the collective economic health."
Suggest Literature and Further Studies§
1. “Islamic Finance: Law, Economics, and Practice” by Mahmoud A. El-Gamal
- Delves into various financial instruments in Islam and practical implications.
2. “Introduction to Islamic Banking and Finance” by Brian Kettell
- Provides foundational understanding of Islamic financial principles, including prohibited transactions.
3. Hadith Compilations:
- Engage with collections such as Sahih al-Bukhari and Mishkāt al-Maṣābīḥ to deeply understand prophetic guidance on transactions.
4. “Ethics and Business in Islam: A Study of a Productive Islamic Economy” by Akram Khan
- Explores the relationship between business ethics and Islamic principles.
Inspirational Farewell Having explored KAʾLAH (كالة), it’s evident that understanding and adhering to ethical financial principles not only builds trust but contributes to a fairer and just society. May your journey through Islamic studies continue to enlighten and inspire.
Best, Zainab Al-Bari
