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Category Archives: Poem
June 21, 2013
DR. ZULKIFLI HASAN
The Reconstruction of Islamic Thought: Syikwah and Jawab Syikwah by Allama Muhammad Iqbal
Dear My weblog readers,
I take this opportunity to share with you these amazing pieces by Sir Muhammad Iqbal. Very inspirational and thought provoking. These poems have provoked debate and controversy and even some scholars criticized Allama Iqbal of being rude and harsh in his words when talking to God.
I believe these poems will be good entertainment for us and at the same time able to stimulate our thought with the reality of the Muslims world today. I dedicate these poems to all my fellow Muslims brothers and sisters.
Enjoy reading, watching and listening!!!!
The Complaint (Syikwah)
Why should I abet the loss, why forget the gain,

Why forfiet the future, bemoan the past in vain?
Hear the wail of nightingal, and remain unstirred,

Am I a flower insensate that will not say a word?
The power of speech emboldens me to speak out my heart,

I’ll sure be damned, I know, if fault my God.
Hear, O Lord, from the faithful ones this sad lament,

From those used to hymn a praise, a word of discontent.
Enternally were you present, Lord, eternally omniscent,

The flower hung upon the tree, but without incense.
Be Thou fair, tell us true, O fountsinhead of grace,

How could the scent spread withoutthe breeze apace?
The world presented a queer sight ere we took the stage,

Stones and plants in your stead were worshipped in that age.
Man, being inured to senses, couldn’t accept a thing unseen,

How could a formless God impress his senses keen?
Tell me, Lord, if anyone ever invoked Thy name,

The strength of Muslim arm alone restored Thy fame.
There was no dearth of peoples on this earth before,

Turkish tribes and Persian clans lived in days of yore;
The Greeks and the Chinese both bred and throve,

Christians as well as the Jews on this planet roved.
But who in Thy holy name raised his valiant sword,

Who set the things right, resolved the rigmarole?
We were the warrior bands battling for Thy cause,

Now on land, now on water, we the crusades fought.
Now in Europe’s synods did we loudly pray,

Now in African deserts made a bold foray.
Not for territorial greed did we wield the sword,

Not for pelf and power did we suffer the blows.
Had we been temped by the greed of glittering gold,

Instead of breaking idols, would have idols sold.
We impressed on every heart the oneness of our mighty Lord,

Even under the threat of sword, bold and clever was our call.
Who conquered, tell us Thou, the fearful Khyber pass?

Who vanquished the Imperial Rome, who made it fall?
Who broke the idols of the primitive folks?

Who fought the kafirs, massacred their hordes?
If the prayer time arrived right amid the war,

With their faces turned to Kaaba, knelt down the brave Hejaz.
Mahmud and Ayaz stood together in the same flank,

The ruler and the ruled forget the difference in their rank.
The rich and poor, Lord and slave, all were levelled down,

All became brethern in love, with Thy grace crowned.
We roamed the world through, visited every place,

Did our rounds like the cup, serving sacred ale.
Forget about the forests, we spared not the seas,

Into the dark, unfathomed ocean, we pushed our steeds.
We removed falsehood from the earth’s face,

We broke the shackles of the human race.
We reclaimed your Kaaba with our kneeling brows,

We pressed the sacred Quran to our heart and soul.
Even then you grumble, we are false, untrue,

If you call us faithless, tell us what are you?
You reserve your favours for men of other shades,

While you hurl your bolts on the Muslim race.
This is not our complaint that such alone are blesse,

Who do not know the etiquette, nor even can converse.
The tragedy is while kafirs are with houries actually blest,

On vague hopes of houries in heaven the Muslim race is made to rest!
Poverty, taunts, ignominy stare us in the face,

Is humiliation the sole reward of our suffering race?
To perpetuate Thy name is our sole concern,

Deprived of the saqi’s aid can the cup revolve and turn?
Gone is your assemblage, off your lovers have sailed,

The midnight sights are no more heard, nor the morning wails;
They pledged their hearts to you, what is their return?

Hardly had they stepped inside, when they were externed.
Thy lovers came and went away, fed on hopes of future grace,

Search them now with the lamp of your glowing face.
Unassuaged is Laila’s ache, unquenched is Qais’s thirst,

In the wilderness of Nejd, the wild deer are still berserk.
The same passion thrills the hearts, enchanting still is beauty’s gaze,

You are the same as before, same too is the Prophet’s race.
Why then this indifference, without a cause or fault?

Why with your threatening looks dost thou break our heart?
Accepted that the flame of love burneth low and dim,

We do not, as in your, dance attendance on your whims;
But you too, pardon us, possess a coquettish heart,

Now on us, now on others, alight your amorous darts.
The spring has now taken leave, broken lies the lyre string,

The birds that chirped among the leaves have also taken wing;
A single nightingale is left singing on the tree,

A flood of song in her breast is longing for release.
From atop the firs and pines the doves have flown away,

The floral petals lie scattered all along the way.
Desolate lie the garden paths, once dressed and neat,

Leafless hang the branches on the naked trees.
The nightingale is unconcerned with the season’s range,

Would that someone in the grove appreciates her wail.
May the nightingale’s wail pierce the listeners’ hearts,

May the clinking caravan awaken slumbering thoughts!
Let the hearts pledge anew their faith to you, O Lord,

Let’s re-charge our cups from the taverns of the past.
Through I hold a Persian cup, the wine is pureHejaz,

Thought I sing an Indian song, the turn is of the Arabian cast.
The Answer (Jawab Syikwah)
JAWAB E SHIKWA
The word springing from the heart surely carries weight,

Though notendowed with wings, it yet can fly in space.
Pureand spiritual in its essence, it pegs its gaze on high,

Rising from the lowly dust, grazes past the skies.
Keen, defiant, and querulous was my passion crazed,

It pierced through the skies, my audacious wail.
“Someone is there,” thus spoke the heaven’s warder old,

the planets said, “From above proceeds this voice so bold.”
“No, no,” the moon said,” “tis someone on the earth below,”

Butted in the milky way: “The voice is hereabouts, I trow.”
Ruzwan alone, if at all, understood aright,

He knew it was the man, from heaven once exiled.
Even the angles wondered who raised this cry,

All the celestial denizens looked about surprised.
Does man possess the might to scale empyreal heights?

Has this mere pinch of dust learnt the knack to fly?
What are these earthly folks? Careless of all respect,

How bold and impudent, the lowly dwellers of the earth!
Extremely rude and insolent, cross even with God,

Is it the same Adam whom angels once did laud?
Steeped in bliss, man is of wisdom’s lore possessed,

Nonetheless, he’s alien to humility’s sterling worth.
Man feels proud of the power of his speech,

But the fool doesn’tknow how and what to speak.
You narrate a woeful tale, thus the voice arose,

Your heart is boiling overwith tears uncontrolled.
You have delivered your plaint with perfect skill and art,

You have brought the humans in contact with God.
We are inclined to grant, but none deserves our grace,

None treads the righteous path, whom to show the way?
Our school is open to all, but talent there is none,

Where is that soil fertile to breed the human gems?
We reward the deserving folks with splendid meed,

We grant newer worlds to those who strive and seek.
Arms have been drained of strength, hearts have gone astray,

The Muslim race is a blot on the Prophet’s face.
Idol-breakers have left the scene, idol-makers remain,

Aazar has inheritedAbraham’s glorious name.
Wine, flask,and drinkers-all arenew and changed,

A differentKaaba, different idols now your worship claim.
Therewas a time when you were respected far and wide,

Once this desert bloom was the season’s wealth and pride.
Every Muslim then was a lover profound of God,

Your sole beloved once was the all-embracing Lord.
Who removed falsehood from the earth’s face?

Who broke the shackles of the human race?
Who reclaimed our Kaaba with their kneeling brows?

Who presses the sacred Quran to their heart and soul?
True, they were your forbears, but what are you, I say?

Idle sitting, statue-like you dream away your days.
What did you say? Muslims are with hopes of houries consoled,

Even if your plaint is false, your words should be controlled.
Justice is the law supreme, operative on this globe,

Muslims can’t expect the houries, if they follow the kafir’s code.
None of you is,infact,deservingof the”hoor”,

A Moses is but hard to fin,burneth still the Tur.
Common to the race entire is their gain or loss,

Common is their faith and creed, common too the Rasul of God;
One Kaaba, one Allah, and one Quran inspire their heart,

Why can’t the Muslims then behave like a single lot?
Cast, creed and factions have disjointed this race,

Is this way to forge ahead, to flourish in the present age?
It’s the poor who visit the mosque, join the kneeling rows,

The poor alone observe the fasts, practise self-control.
If someone repeats our name, it’s the poor again,

The devout poor hide your sins, preserve your vaunted name.
Drunk with the wine of wealth, the rich are unconcerned with God,

The Muslim race owes its life to the poor, indigent lot.
“Muslims have vanished from earth,” this is what we hear,

but we ask, ” Were the Muslims ever the Jewish sects.
You are Nisars by your looks, but Hindus by conduct,

Your culture puts to shame even the Jewish sects.
If the son is alien to his learned father’s traits,

How can he then claim his father’s heritage?
All of you love to lead a soft, luxurious life,

Are you a Muslim indeed? Is this the Muslim style?
All of you desire to be invested with the crown,

You should first produce a heart worthy of renown.
The new age is the lighting blast, it will set your barns on fire,

It can’t produce in groves or deserts the Old Sinai’s burning spire.
The new fire consumes for fuel the blood of nations old,

The clothes of the Prophet’s race are incinerated in its folds.
Don’t be depressed, gardener, by the present scene,

The starry buds are about to burst with a brilliant sheen.
The garden will soon be rid of its thorns and weeds,

The martyr’s blood will bring to bloom all the dormant seeds.
Mark how the sky reflects its orange purple hues,

The rising sun will flush the sky with its rays anew.
Islamic tree exemplifies cultivation long and hard,

A fruit of arduous gardening over centuries past.
Your caraven needn’t fear the perils of the path,

But for the call ofbells you own no wealth at all.
You are the plant of light, the burning wick that never fails,

With the power of your thought you can incinerate the veil.
We’ll love you as our own, if you follow the Prophet’s ways,

The world is but a paltry thing, you’ll command the pen and page.
Best Regards

ZULKIFLI HASAN
My Thought
Poem
Leave a comment
May 15, 2011
DR. ZULKIFLI HASAN
Happy Teacher’s Day
Salam to all my weblog readers,
In conjunction with the ‘teacher’s day’ in Malaysia today, I would like to dedicate this poem to all teachers especially my ‘ustaz’, ‘ustazah’, ‘cikgu’ and ‘pensyarah’ and also to my wife ‘Mrs. Hanani Harun’ who is also a teacher. I am thankful to all of you. Happy teacher’s day and may Allah guides and bless you all.
Guru or Guru
BERBURU ke padang datar

Dapat rusa berbelang kaki

Berguru kepalang ajar

Ibarat bunga kembang tak jadi
Dialah pemberi paling setia

Tiap akar ilmu miliknya

Pelita dan lampu segala

Untuk manusia sebelum jadi dewasa.
Dialah ibu dialah bapa juga sahabat

Alur kesetiaan mengalirkan nasihat

Pemimpin yang ditauliahkan segala umat

Seribu tahun katanya menjadi hikmat.
Jika hari ini seorang Perdana Menteri berkuasa

Jika hari ini seorang Raja menaiki takhta

Jika hari ini seorang Presiden sebuah negara

Jika hari ini seorang ulama yang mulia

Jika hari ini seorang peguam menang bicara

Jika hari ini seorang penulis terkemuka

Jika hari ini siapa sahaja menjadi dewasa;

Sejarahnya dimulakan oleh seorang guru biasa

Dengan lembut sabarnya mengajar tulis-baca.
Di mana-mana dia berdiri di muka muridnya

Di sebuah sekolah mewah di Ibu Kota

Di bangunan tua sekolah Hulu Terengganu

Dia adalah guru mewakili seribu buku;

Semakin terpencil duduknya di ceruk desa

Semakin bererti tugasnya kepada negara.

Jadilah apa pun pada akhir kehidupanmu, guruku

Budi yang diapungkan di dulangi ilmu

Panggilan keramat “cikgu” kekal terpahat

Menjadi kenangan ke akhir hayat.
USMAN AWANG (1979)
Best Regards

ZULKIFLI HASAN
With my ‘guru’, Dr. Mehmet Asutay at Srebrenica, Bosnia and Herzegovina
Poem
1 Comment
March 21, 2011
DR. ZULKIFLI HASAN
The Reconstruction of Islamic Thought: Syikwah and Jawab Syikwah by Allama Muhammad Iqbal
Dear Myweblog readers,
I take this opportunity to share with you these amazing pieces by Sir Muhammad Iqbal. They are very inspirational and thought provoking. Perhaps,these poetries will be good entertainment for us and at the same time able to stimulate our thought with the reality of the muslims world today. I dedicate this new post to all my fellow Muslims brothers and sisters. Enjoy reading, watching and listening!!!!
The Complaint (Syikwah)
Why should I abet the loss, why forget the gain,

Why forfiet the future, bemoan the past in vain?
Hear the wail of nightingal, and remain unstirred,

Am I a flower insensate that will not say a word?
The power of speech emboldens me to speak out my heart,

I’ll sure be damned, I know, if fault my God.
Hear, O Lord, from the faithful ones this sad lament,

From those used to hymn a praise, a word of discontent.
Enternally were you present, Lord, eternally omniscent,

The flower hung upon the tree, but without incense.
Be Thou fair, tell us true, O fountsinhead of grace,

How could the scent spread withoutthe breeze apace?
The world presented a queer sight ere we took the stage,

Stones and plants in your stead were worshipped in that age.
Man, being inured to senses, couldn’t accept a thing unseen,

How could a formless God impress his senses keen?
Tell me, Lord, if anyone ever invoked Thy name,

The strength of Muslim arm alone restored Thy fame.
There was no dearth of peoples on this earth before,

Turkish tribes and Persian clans lived in days of yore;
The Greeks and the Chinese both bred and throve,

Christians as well as the Jews on this planet roved.
But who in Thy holy name raised his valiant sword,

Who set the things right, resolved the rigmarole?
We were the warrior bands battling for Thy cause,

Now on land, now on water, we the crusades fought.
Now in Europe’s synods did we loudly pray,

Now in African deserts made a bold foray.
Not for territorial greed did we wield the sword,

Not for pelf and power did we suffer the blows.
Had we been temped by the greed of glittering gold,

Instead of breaking idols, would have idols sold.
We impressed on every heart the oneness of our mighty Lord,

Even under the threat of sword, bold and clever was our call.
Who conquered, tell us Thou, the fearful Khyber pass?

Who vanquished the Imperial Rome, who made it fall?
Who broke the idols of the primitive folks?

Who fought the kafirs, massacred their hordes?
If the prayer time arrived right amid the war,

With their faces turned to Kaaba, knelt down the brave Hejaz.
Mahmud and Ayaz stood together in the same flank,

The ruler and the ruled forget the difference in their rank.
The rich and poor, Lord and slave, all were levelled down,

All became brethern in love, with Thy grace crowned.
We roamed the world through, visited every place,

Did our rounds like the cup, serving sacred ale.
Forget about the forests, we spared not the seas,

Into the dark, unfathomed ocean, we pushed our steeds.
We removed falsehood from the earth’s face,

We broke the shackles of the human race.
We reclaimed your Kaaba with our kneeling brows,

We pressed the sacred Quran to our heart and soul.
Even then you grumble, we are false, untrue,

If you call us faithless, tell us what are you?
You reserve your favours for men of other shades,

While you hurl your bolts on the Muslim race.
This is not our complaint that such alone are blesse,

Who do not know the etiquette, nor even can converse.
The tragedy is while kafirs are with houries actually blest,

On vague hopes of houries in heaven the Muslim race is made to rest!
Poverty, taunts, ignominy stare us in the face,

Is humiliation the sole reward of our suffering race?
To perpetuate Thy name is our sole concern,

Deprived of the saqi’s aid can the cup revolve and turn?
Gone is your assemblage, off your lovers have sailed,

The midnight sights are no more heard, nor the morning wails;
They pledged their hearts to you, what is their return?

Hardly had they stepped inside, when they were externed.
Thy lovers came and went away, fed on hopes of future grace,

Search them now with the lamp of your glowing face.
Unassuaged is Laila’s ache, unquenched is Qais’s thirst,

In the wilderness of Nejd, the wild deer are still berserk.
The same passion thrills the hearts, enchanting still is beauty’s gaze,

You are the same as before, same too is the Prophet’s race.
Why then this indifference, without a cause or fault?

Why with your threatening looks dost thou break our heart?
Accepted that the flame of love burneth low and dim,

We do not, as in your, dance attendance on your whims;
But you too, pardon us, possess a coquettish heart,

Now on us, now on others, alight your amorous darts.
The spring has now taken leave, broken lies the lyre string,

The birds that chirped among the leaves have also taken wing;
A single nightingale is left singing on the tree,

A flood of song in her breast is longing for release.
From atop the firs and pines the doves have flown away,

The floral petals lie scattered all along the way.
Desolate lie the garden paths, once dressed and neat,

Leafless hang the branches on the naked trees.
The nightingale is unconcerned with the season’s range,

Would that someone in the grove appreciates her wail.
May the nightingale’s wail pierce the listeners’ hearts,

May the clinking caravan awaken slumbering thoughts!
Let the hearts pledge anew their faith to you, O Lord,

Let’s re-charge our cups from the taverns of the past.
Through I hold a Persian cup, the wine is pureHejaz,

Thought I sing an Indian song, the turn is of the Arabian cast.
The Answer (Jawab Syikwah)
JAWAB E SHIKWA
The word springing from the heart surely carries weight,

Though notendowed with wings, it yet can fly in space.
Pureand spiritual in its essence, it pegs its gaze on high,

Rising from the lowly dust, grazes past the skies.
Keen, defiant, and querulous was my passion crazed,

It pierced through the skies, my audacious wail.
“Someone is there,” thus spoke the heaven’s warder old,

the planets said, “From above proceeds this voice so bold.”
“No, no,” the moon said,” “tis someone on the earth below,”

Butted in the milky way: “The voice is hereabouts, I trow.”
Ruzwan alone, if at all, understood aright,

He knew it was the man, from heaven once exiled.
Even the angles wondered who raised this cry,

All the celestial denizens looked about surprised.
Does man possess the might to scale empyreal heights?

Has this mere pinch of dust learnt the knack to fly?
What are these earthly folks? Careless of all respect,

How bold and impudent, the lowly dwellers of the earth!
Extremely rude and insolent, cross even with God,

Is it the same Adam whom angels once did laud?
Steeped in bliss, man is of wisdom’s lore possessed,

Nonetheless, he’s alien to humility’s sterling worth.
Man feels proud of the power of his speech,

But the fool doesn’tknow how and what to speak.
You narrate a woeful tale, thus the voice arose,

Your heart is boiling overwith tears uncontrolled.
You have delivered your plaint with perfect skill and art,

You have brought the humans in contact with God.
We are inclined to grant, but none deserves our grace,

None treads the righteous path, whom to show the way?
Our school is open to all, but talent there is none,

Where is that soil fertile to breed the human gems?
We reward the deserving folks with splendid meed,

We grant newer worlds to those who strive and seek.
Arms have been drained of strength, hearts have gone astray,

The Muslim race is a blot on the Prophet’s face.
Idol-breakers have left the scene, idol-makers remain,

Aazar has inheritedAbraham’s glorious name.
Wine, flask,and drinkers-all arenew and changed,

A differentKaaba, different idols now your worship claim.
Therewas a time when you were respected far and wide,

Once this desert bloom was the season’s wealth and pride.
Every Muslim then was a lover profound of God,

Your sole beloved once was the all-embracing Lord.
Who removed falsehood from the earth’s face?

Who broke the shackles of the human race?
Who reclaimed our Kaaba with their kneeling brows?

Who presses the sacred Quran to their heart and soul?
True, they were your forbears, but what are you, I say?

Idle sitting, statue-like you dream away your days.
What did you say? Muslims are with hopes of houries consoled,

Even if your plaint is false, your words should be controlled.
Justice is the law supreme, operative on this globe,

Muslims can’t expect the houries, if they follow the kafir’s code.
None of you is,infact,deservingof the”hoor”,

A Moses is but hard to fin,burneth still the Tur.
Common to the race entire is their gain or loss,

Common is their faith and creed, common too the Rasul of God;
One Kaaba, one Allah, and one Quran inspire their heart,

Why can’t the Muslims then behave like a single lot?
Cast, creed and factions have disjointed this race,

Is this way to forge ahead, to flourish in the present age?
It’s the poor who visit the mosque, join the kneeling rows,

The poor alone observe the fasts, practise self-control.
If someone repeats our name, it’s the poor again,

The devout poor hide your sins, preserve your vaunted name.
Drunk with the wine of wealth, the rich are unconcerned with God,

The Muslim race owes its life to the poor, indigent lot.
“Muslims have vanished from earth,” this is what we hear,

but we ask, ” Were the Muslims ever the Jewish sects.
You are Nisars by your looks, but Hindus by conduct,

Your culture puts to shame even the Jewish sects.
If the son is alien to his learned father’s traits,

How can he then claim his father’s heritage?
All of you love to lead a soft, luxurious life,

Are you a Muslim indeed? Is this the Muslim style?
All of you desire to be invested with the crown,

You should first produce a heart worthy of renown.
The new age is the lighting blast, it will set your barns on fire,

It can’t produce in groves or deserts the Old Sinai’s burning spire.
The new fire consumes for fuel the blood of nations old,

The clothes of the Prophet’s race are incinerated in its folds.
Don’t be depressed, gardener, by the present scene,

The starry buds are about to burst with a brilliant sheen.
The garden will soon be rid of its thorns and weeds,

The martyr’s blood will bring to bloom all the dormant seeds.
Mark how the sky reflects its orange purple hues,

The rising sun will flush the sky with its rays anew.
Islamic tree exemplifies cultivation long and hard,

A fruit of arduous gardening over centuries past.
Your caraven needn’t fear the perils of the path,

But for the call ofbells you own no wealth at all.
You are the plant of light, the burning wick that never fails,

With the power of your thought you can incinerate the veil.
We’ll love you as our own, if you follow the Prophet’s ways,

The world is but a paltry thing, you’ll command the pen and page.
Best Regards

ZULKIFLI HASAN
Poem
Leave a comment
December 22, 2010
DR. ZULKIFLI HASAN
Cordoba
Cordoba
by Allama Muhammad Iqbal
Written in 1933 on Spanish soil, mainly in the Mosque of Cordoba.
Chain of day and night

Fashioner of events

Basis of life and death

Two tone silken thread

Fiber of attributes

Pitch of prospects

Chain of day and night

Sitting in judgment

Setting a value on us

When we’re lacking

Death is your destiny

Death is my destiny

What else is reality

The flow of one age

Neither day nor night

All crafts vanish

Black and white fade

Annihilation the end
But in this form

Hues of eternal life

Splendor of man’s love

Love is life’s base

Death has no claim on love

Love itself the tide

Stemming the torrent

Love is unnamed eras

Love is Gabriel’s breath

Love is the Prophet of God

Love is the Word of God

Love is the radiant rose

Love is raw wine

Love the goblet of kings

Love draws life’s music

Love is passion for life

Love is fire of life
III
O Mosque of Cordoba

Born of love with no past

Color or stone or brick

Harp or song or speech

Man’s passionate creation

A drop of blood turns

Even stone into hearts

The heart’s voice is joy

Burning and melody

You illuminate the heart

My song burns the breast

You draw man’s heart

To the presence of God

But the passion of love

For God is man’s alone

I spark man’s passion

Though his sight is finite

His heart is wider than the sky

So what if God has rights

He doesn’t earn the pain

I am an Indian infidel

Witness my fervor

In my heart prayers

On lips blessings

Love is my flute

Love is my song

In my every bone

“God is God”
Witness of man’s worth

Your glory mirrors his soul

Firm columns soar

Palms in Syrian sands

Sinai’s light gleams roof

Gabriel crowns the minaret

A Muslim can never despair

Standing where the Prophets stood

His horizon infinite

Tigris Danube Nile flood his veins

Cup-bearer and horseman

In love a warrior

A sword’s shadow his armor

“There is no god but God”
You reveal man’s secret

Ardor of his days

Dissolution of his nights

His submission

As is God’s hand

So is the believer’s

Man prospers on deeds

He is clay and fire

Divine within

Free of both worlds

His ambition small

His purpose large

Pure-hearted in war or peace

God’s compass revolves

Around man’s faith

And the world is illusion

Man of God is reason’s horizon

The harvest of love

Fire of the gathering

Heaven’s passion
Art lover’s Mecca

Faith’s grandeur

You made Andalusia holy

Only Muslims mirror your grandeur

O those Arab horsemen

Pledged to truth

Revealed this new secret

People who embrace Faith

Renounce the material

They enlightened the West

Yemen’s scent persists

Even today Arabia’s music

Lingers in Andalusia’s breeze
VII
Alas for centuries

No Calls to Prayer

Echo the minaret

In which valley

At which destination

Is love’s caravan inducing frenzy

As all Europe swept away the old order

Repainted the face of the West

So today those torrents stir Muslims

A divine prophecy seals my lips

But let us watch secrets surface

From the ocean’s depth

Watch the sky change hue
VIII
A cloud drenched in twilight

The sun scatters rubies

A peasant’s daughter sings

Youth sails on heart’s boat

On the Guadalquivir

Someone dreams of another age

New order still veiled by fate

Another dawn is approaching

In my mind’s eye

If I unveil my thoughts

Fan the flames of my song

Europe couldn’t endure

Life without revolution is death

As man’s creations are soulless

Without passionate belief

So my song
The Great Mosque of Cordoba
Poem
Leave a comment
November 21, 2010
DR. ZULKIFLI HASAN
In Memory of Our Beloved Imam Muhammad Ibnu Idris Al Shafii
The Last Poem of Imam Al Shafii
ولما قسـا قلبي وضـاقت مذاهبي

جعلت الرجـاء مني لعفوك سلمــا

تعاظمني ذنبـي فلمـا قرنتــه

بعفوك ربي كان عـفوك أعظمــا

فما زلتَ ذا عفو عن الذنب لم تزل

تـجـود وتعـفو منة وتكرمـــا

فلولاك لـم يصمـد لإبلـيس عابد

فكيف وقد أغوى صفيك أدما

فيا ليت شعــري هل أصير لجنة

أهنـــا؟ وأمـا للسعير فأندما

فإن تنتـقـم مني فلست بآسي

ولو أدخلت روحي بجــرم جهنمـا

فإن تعف عني تعف عـن متمرد

ظلوم غشــوم قاسي القلب مجرما

ويذكر أيام مضت من شبابه

وما كان فيها بالجهالة أجرما

يقيم إذا ما الليل مد ضلامه

على نفسه من شدة الخوف مأتما

يقول حبيبي أنت سؤلي وغايتي

كفى بك للراجين سؤلا و مغنما

الست الذي غذيتني و هديتني

ولازلت منانا علي ومنعما

عسى من له الإحسان يغفر زلتي

ويستر أوزاري وما قد تقدما
When my heart hardened and my ways narrowed

My hope of your forgiveness towards You was my approach

I greatened my sin, yet when I compare it with your forgiveness

My Lord your forgiveness was greater

Yet, You forgive sins and still

Generously and gracefully bestow and forgive

Were it not for You, no worshipper would withstand Satan

How and he already has lured your chosen Adam

Alas! Would I be lead to paradise then I am a fortunate

Or a remorse to hell I am lead

Indeed not despaired if You avenged me

Or into the core of hell You brought my soul

And if You forgive me, a mutinous You forgive…

A wrongful unfair pitiless criminal…

He remembers the past youth days

And what crimes of ignorance were committed

Then, when the dark spread out

Fearfully he mourns himself

Saying my beloved You are my request and wish

Sufficient You are for the hopeful to ask and gain

Were not You who fed me and guided me?

And still, You give me generously and bless me

May You, to Whom my charity belongs, forgive me my faults,

Pardon my sins and what came before.
Poem
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BLOG OF KNOWLEDGE (Shari'ah, Law, Islamic Finance and Muslim News)
Shari'ah, Law, Islamic Finance and Muslim News
Daily Archives: August 3, 2013
August 3, 2013
DR. ZULKIFLI HASAN
Standardisation of the regulations governing Islamic finance is a must to ensure the globalisation of Islamic finance
Noor Islamic Bank’s CEO calls for global body to regulate Islamic finance industry
Available at:
http://gulfnews.com/business/banking/noor-islamic-bank-s-ceo-calls-for-global-body-to-regulate-islamic-finance-industry-1.1215439
Dubai: Standardisation of the regulations governing Islamic finance is a must to ensure the globalisation of Islamic finance, according to Hussain Al Qemzi, CEO of Noor Investment Group and CEO of Noor Islamic Bank (Noor), Speaking at a DIFC hosted conference on the future of Islamic finance, jointly organised by Noor and Thomson Reuters, Al Qemzi said the lack of standardisation is holding back the growth of Islamic finance.
Although regional standardisation bodies exist, adherence to their standards varies from country to country and region to region. “It is a real concern that there is no authoritative global body to regulate and promote Islamic finance, AlQemzi said. “Disagreement and different interpretations, over what is Shari’a compliant and what is not, continue to make it difficult to establish the necessary regulations for the industry to develop globally accepted products.
“Some people argue that standardisation is an unrealistic goal, given the fragmented nature of Islamic finance. I do not agree. There is a need for balanced, globally accepted, regulation that does not impede growth, or allow for abuse,” Al Qemzi added.
Industry estimates put the value of the Islamic finance sector at $1.5 trillion, little more than 1 per cent of the overall global financial sector. And, despite impressive annual growth rates of 15 per cent to 20 per cent, AlQemzi said there is no real tangible evidence that Islamic finance is a world force. Even in Muslim countries, conventional finance has a larger market share than Islamic finance. For example in Malaysia, Al Qemzi told delegates, Islamic lending accounts for just 26.6 per cent of overall lending. While in the UAE, Islamic finance accounts for only 12 per cent of the financial sector.
Al Qemzi called for practical measures to be implemented that progressively address impediments to the growth of Islamic finance. “We need to create an enabling environment for cross border connectivity through Islamic finance,” he said. “This will require measures to develop domestic capital markets and should go hand-in-hand with national market reforms, based on common international standards. “Domestic markets should also be strengthened by widening the issuer and investor bases, with more issuances in currencies other than the domestic currency, to attract investors from across the globe. “And there should be greater collaboration and cooperation among, and between national economies in which Islamic finance participates,” Al Qemzi added.
Inovative products, services
Since its launch in 2008, Noor has gained a reputation for offering innovative, client-focused, banking products and services. It continues to lead the retail banking market in providing convenient banking solutions, including the UAE’s first fully operational mobile internet banking experience in the Arabic language.
Noor was also the first Islamic bank to offer an on-line account opening service and the first UAE bank to operate a 24/7 branch. Its insurance arm, Noor Takaful, was the first Takaful operator to offer online insurance services and products.
Regards

Zulkifli Hasan
Gaza, Palestine
Islamic finance news
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Faculty of Syariah and Law
University Sains Islam Malaysia

1

Contents (Part II)

n  Uqud in financial transactions
n  Classification of Uqud
n  List of Islamic Banking Products
n  List of Takaful Products
n  Hasan, Z. (2006). Uqud In Financial Services For

Enterpreneurship, in Reading in Islamic Financial
Services, Negeri Sembilan: USIM, pp. 81-90.

Introduction
n  As for evolution of Islamic law of contract, it

starts with al-Quran which already prescribes
several types of nominate contract as well as
certain general contractual maxims.
Thereafter, the traditions or al-Sunnah
supplement the Quranic groundwork as a
support or additional explanation to its
general provision.

n  The Muslim jurists in all Islamic school of
law later developed the principles of contract.

Cont….
n  In al-Quran, there are only over forty verses out of

6666 verses on a dozen types of commercial
contract.

n  Performing contract which enjoins believers to
keep faith to contracts (Al-Quran: Surah al-Maidah,
verse 1), three verses with a common theme of
keeping promise (Al-Quran: Surah al-Isra, verse 34)
and there are few verses which reveal a relatively
advances stage of commercial contracts, such as
sale and hire, charges or personal guarantee as
(security) and fiduciary contracts such as deposit.

Concept of Uqud

n  Al shahh and al rabt: fastening and attaching
accordingly

n  A connection btn an offer and an acceptance in
a lawful manner which has its effect on the SM.

n  Sanctity of the contract ‘al maidah: 1, O
believers! Be true to your obligations.

Uqud or Contract
n  ‘Uqud or contract technically means as an

expression of the matching between a positive
proposal made by one of the contractors and
the acceptance of the other contractor in a
way which has an impact on the subject of the
contract.

n  The Mejelle defined contract as little
contracting parties obligating themselves with
regards a given matter and binding
themselves together with the same as a result
of connecting an offer with an acceptance

Types
of  Uqud

Legality  Purpose Reciprocity  Validity Execu
tability

Legality

n  Aqd al masyru’
n  Aqd ghayr al masyru’

Validity

n  Aqd sahih
n  Aqd ghairu sahih

Executability

n  Executable : aqd al nafidh
n  ahliyyah

n  Suspended: aqd mawquf
n  guardian

Reciprocity

n  Aqd al muawadhat: exchange
n  Property+ money= Bay al mutlaq
n  Service (by a person)= ujr
n  Usufruct of property= Ijarah al manfaah
n  Prop+Prop=Bay al muqayadah barter
n  Money+money= currency sale or bay al sarf

n  Aqd al tabarruat- hibah, will (wasiyyat), waqf
(fund).

Purpose

n  Uqud Tamlikat- Al-Mua’wadhat and Attabarua’t,
n  Uqud Isytirak- mudharabah, musyarakah and

muzaraa’,

n  Uqud Tawsiqat (Securities)-Kafalah, Rahnu
n  Uqud Itlaqat (removal of restrictions)- wakalah and

tauliah
n  Uqud Taqyiydat (restrictions)- taflis, al hajr

n  Uqud Isqatat (waiver)- ibra’, muqasah and
n  Uqud Hifz- refers to wadiah.

Modern Classification

n  Partnership Based
n  Exchange-Based
n  Security contracts
n  Charitable Contracts
n  Agency Contract
n  Supporting Contracts

Partnership Based Contracts

n  Mudharabah
n  Musharakah

Mudharabah

n  an agreement made between a capital
provider and another party (entrepreneur),
to enable the entrepreneur to carry out
business projects, based on a profit sharing
basis, of a pre-agreed ratio. In the case of
losses, the losses are borne by the provider
of the funds. On the basis of a contract of
mudharabah, financial institution may provide
financing to entrepreneurs who want to
perform certain project in retail or corporate
financing.

Musyarakah

n  a partnership or joint venture for a specific
business, whereby the distribution of profits
will be apportioned according to an agreed
ratio. In the event of losses, both parties will
share the losses on the basis of their equity
participation.

Exchange based Contracts

n  Murabahah
n  Bay al Istisna’
n  Bay al Salam
n  Bay al Dayn
n  Bay al Sarf-
n  Bay al Inah
n  Bay al Tawarruq
n  Ijarah
n  Bay al Istijrar

Murabahah

n  the sale of goods at a price, which includes a
profit margin as agreed to by both parties. Such
sales contract is valid on the condition that the
price, other costs and the profit margin of the
seller are stated at the time of the agreement of
sale. Under this mode of financing the
entrepreneur may approach any financial
institution to provide his financing for working
capital.

Ijarah

n  an arrangement under which the lessor leases
equipment, building or other facility to a client at
an agreed rental against a fixed charge, as agreed
by both parties.

n  Al-Ijarah Thumma al-Bai’ (leasing and subsequently
purchase) refers to a contract to be followed by
purchase. Under the first contract, the hirer leases
the goods from the owner at an agreed rental over
a specified period. Upon expiry of the leasing
period, the hirer enters into a second contract to
purchase the goods from the owner at an agreed
price.

Bai’ al-Salam

n  an agreement whereby payment is made in
advance for delivery of specified goods in
the future. Salam is valid, subject to the
condition that the quality and the nature of
the subject matter, time, place of delivery
and the price are clearly stipulated at the
time of the contract.

n  to acquire any asset for working capital by
advance payment at a discounted price and
subsequently sells the asset upon delivery.

Istithna’

n  a contract whereby a party undertakes to
produce specific goods and services, and
made according to certain agreed-upon
specifications at a determined price and for
a fixed date of delivery.

n  The main objective of the Istithna’ mode of
financing is to promote manufacturing and
construction

Bay’ al-Inah (sell and buy back)

n  a contract which involves sell and buy back
transactions of an asset by a seller to the customer.
The seller will sell the asset on cash basis but the
customer will buy back the asset on deferred payment
at a price higher than the cash price.

n  In the first agreement, the bank sells an identified asset to
the customer at an agreed price on deferred payment basis
while for the second agreement the bank re-purchases
the same asset from the customer at a lower price in cash.

Bay al Tawarruq

n  A contract to obtain money.
n  Monetisation, cash financing or cash

procurement.
n  The purchase of commodity possessed and

owned by the seller for a delayed payment,
whereupon the buyer will resell the commodity
for cash to other than the original seller in order
to acquire cash.

Bai’ Istijrar (supply contract)

n  an agreement between the client and the
supplier, whereby the supplier agrees to
supply a particular product on an on going
basis, for example monthly, at an agreed
price and on the basis of an agreed mode of
payment.

Bay al Dayn

n  Sale of debt on cash basis or deferred payment
basis.

Bay al Sarf

n  Sale of currency
n  Modern spot foreign exchange
n  Eg. The bank sells US40 million to the C on a

spot basis and the customer buys RM100 million
from the Bank on a spot basis.

Security Contracts

n  Kafalah (guarantee)
n  Al rahn (mortgage)

Kafalah (guarantee)

n  Refers to a contract of  guarantee by the
contracting party or any third party to guarantee
the performance of  the contract terms by
contracting parties.

Al Rahn (Mortgage)

n  Pawning, mortgage, collateral, charge and
pledge.

n  Taking a property as a security against a debt
whereby the secured property can be utilised to
repay the debt in the case of non-payment.

Charitable Contracts

n  Hibah
n  Wadiah (Deposit)

Hibah

n  A voluntary contract that results uncompensated
ownership transfer between living individuals.

Time of
Tabarru' SM Contract

 Purpose/Rule

Lifetime

Property

Hibah
General

Hadiyah Respect or love
Waqf Perpetual

Sadaqah needy and poor

After
Death Property Wasiyah

Not exceeding
1/3rd

Wadiah Yad Dhamanah

n  Goods or deposits, which have been deposited
with another person, who is not the owner, for
safekeeping.

n  As wadiah is a trust, the depository becomes the
guarantor and, therefore guarantees repayment of
the whole amount of the deposits, or any part
thereof, outstanding in the account of depositors,
when demanded.

n  The depositors are not entitled to any share of the
profits but the depository may provide returns to
the depositors as a token of appreciation.

Agency Contracts

n  Wakalah
n  Wakalah means protection or remedying on

behalf of others.
n  a contract where a person authorizes another to

do a certain well-defined legal action on his
behalf.

Supporting Contracts

n  Hiwalah
n  Muqasah
n  Ibra
n  Wa’d

Hiwalah

n  Transferring a debt from one debtor to
another.

n  A is indebted to B and has claim against C. He
can settle his debt by transferring his claim
against C to the benefit of  B.

Muqasah

n  Debt settlement by contra-transaction or set-off
n  Eg. Ahmad owes Ali RM500. Then Ali owes

Ahmad the same amount.

Ibra’

n  An act of absolving or dropping one’s financial
rights (to collect payment) from a person who
has the obligation to repay the amount
borrowed from him.

Wa’d

n  Wa’d means promises.
n  Commitment made by one person to another to

undertake a certain actual or verbal disposal
beneficial to the second party. Or undertaking
something to the benefit of another person.

List of Islamic Banking Products
Products / Services
(Deposit) Applicable Concepts

Current account- i Wadicah Yad Damanah/
Tawarruq/ Al Qardh

Savings account-i Wadicah Yad Damanah/ Al
Qardh/ Tawarruq

General investment account-
i

Mudarabah/ Tawarruq/
Wakalah bil istithmar

Special investment account-i Mudarabah/ Wakalah bil
istithmar

Specific investment account-
i

Mudarabah/ Wakalah bil
istithmar

Products / Services (Financing) Applicable Concepts
Cash line facility-i Bayc cInah / Bayc Bithaman Ajil /

Murabahah

Computer financing-i Bayc Bithaman Ajil

Education financing-i Murabahah / Bayc Bithaman
Ajil / Bayc cInah

Equipment financing-i Bayc Bithaman Ajil

Fixed asset financing-i Bayc Bithaman Ajil

Hire purchase-i Ijarah Thumma Bayc

Home/house financing-i Bayc Bithaman Ajil / Istisnac /
Variable Rate Ijarah

Land financing-i Bayc Bithaman Ajil

Leasing-i Ijarah

Products / Services (Treasury/
Money Market
Instrument)

Applicable Concepts

Negotiable debt certificate-i Bayc Bithaman Ajil

Negotiable instrument of
deposit-i

Mudarabah

Sell and buy back agreements
(Repo-i)

Bayc cInah

Foreign exchange Ujr

Products / Services
(Trade Financing) Applicable Concepts

Accepted bills-i Murabahah / Bayc Dayn

Bank guarantee-i Kafalah

Export credit
refinancing-i

Murabahah/ Bayc Dayn

Letter of credit-i Wakalah/ Murabahah //
Ijarah/Bayc Bithaman
Ajil

Shipping guarantee-i Kafalah

Trust receipt-i Wakalah/Murabahah

Products / Services (Card
Services) Applicable Concepts

Charge card-i Qard

Credit card-i Bayc cInah/Tawarruq/
Musharakah
Mutanaqisah/ Ujrah

Debit card-i Ujr

Products/Services
(Banking Services) Applicable Concepts

Stockbroking services Ujr

TT/funds transfer Ujr

Travellers' cheques Ujr

Cashiers' order Ujr

Demand draft Ujr

Standing instruction Ujr

ATM service Ujr

Telebanking Ujr

Range of  Takaful Products

Products
Applicable Concepts

Family Takaful Mudharabah
Wakalah
Waqf
Hybrid

General Takaful Mudharabah
Wakalah
Waqf
Hybrid

THANK YOU!


Islamic Law of Islamic Law of

PropertyProperty

LAB2033LAB2033

DR. ZULKIFLI HASANDR. ZULKIFLI HASAN

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ContentContent

�� Concept of OwnershipConcept of Ownership

�� Concept of Property RightsConcept of Property Rights

�� Theory of Contracts Theory of Contracts

OwnershipOwnership

�� The state of containing a thing and the ability to The state of containing a thing and the ability to

dominate and dispose it.dominate and dispose it.

�� An Islamic legal relationship An Islamic legal relationship btnbtn a man and a man and

prop, which renders the prop specifically prop, which renders the prop specifically

attached to him and which gives the owner the attached to him and which gives the owner the

right to deal in that prop unless there is a legal right to deal in that prop unless there is a legal

impediment to a specific dealing.impediment to a specific dealing.

Types of

Ownership

Based on the

extent of Oship

Capacity

Based on

Owners

Complete Partial Public Private National

Complete and Partial Complete and Partial OshipOship

�� Complete: completely own its corpus and Complete: completely own its corpus and

usufruct/could disposeusufruct/could dispose

�� Incomplete: Incomplete:

�� 1. Corpus only: 1. Corpus only:

�� 2. Usufruct only. Rent a car2. Usufruct only. Rent a car

Private/Public/nationalPrivate/Public/national

�� Private: individual/jointPrivate: individual/joint--ownershipownership

�� Public: owned by the whole community:Public: owned by the whole community:

�� Al Al marafiqmarafiq al al ammahammah, al , al himahima, , waqfwaqf khayrikhayri

�� National: National: baytbayt al malal mal

Methods of Methods of OshipOship EstablishmentEstablishment

�� 1. Complete: i. taking possession, ii. contracts of 1. Complete: i. taking possession, ii. contracts of

oshipoship transfer, iii. Growth of the property iv. transfer, iii. Growth of the property iv.

SuccessionSuccession

�� 2. Incomplete: usufruct transfer 2. Incomplete: usufruct transfer egeg. . IjarahIjarah, ,

inheritance of usufructinheritance of usufruct

Concept of Property RightsConcept of Property Rights

�� right of ownership, acquisition, usage and right of ownership, acquisition, usage and

disposition.disposition.

�� There is no objection on the individual rights of There is no objection on the individual rights of

propertyproperty

�� The right to own property is a part of human The right to own property is a part of human

nature.nature.

�� The nature of this rights and its limits: stateThe nature of this rights and its limits: state’’s s

property, common property, individual prop, full property, common property, individual prop, full

oshipoship

Concept of PRConcept of PR

�� Islam states that Allah is the sole owner of property and Islam states that Allah is the sole owner of property and

human beings are just a trustee and custodian in whom human beings are just a trustee and custodian in whom

it implies the recognition to use and manage the it implies the recognition to use and manage the

properties in accordance with properties in accordance with ShariShari’’ahah rules, as property rules, as property

is given as is given as amanahamanah (trust) to individuals. (trust) to individuals.

�� There are various verses of There are various verses of alal--QuranQuran referring to the referring to the

principle of property rights, for instance: principle of property rights, for instance: ““Believe in Believe in

Allah and His Messenger and spend of that whereof He made Allah and His Messenger and spend of that whereof He made

you trusteeyou trustee”” ((alal--QuranQuran, 57:7) , 57:7)

Concept of PRConcept of PR

�� property rights in Islam guarantees individual as property rights in Islam guarantees individual as

well as corporation well as corporation ““the right to own private the right to own private

property and economic resources, to make a property and economic resources, to make a

profit, to expand jobs, to boost investment and profit, to expand jobs, to boost investment and

to increase prosperityto increase prosperity””

Different level of PRDifferent level of PR

�� 1. Things owned by Allah that humans have no 1. Things owned by Allah that humans have no

access, access, egeg such planetsuch planet

�� 2. common properties: owned by the entire 2. common properties: owned by the entire

human race human race egeg oceanocean

�� 3. Common land: owned jointly 3. Common land: owned jointly btnbtn the the

community at large.community at large.

�� 4. Individual property: people own with duties 4. Individual property: people own with duties

and responsibilities.and responsibilities.

Limitations of PR (1)Limitations of PR (1)

�� 1. Legitimate acquisition of property1. Legitimate acquisition of property

�� Possessing of property as a result of personal Possessing of property as a result of personal

effort: effort: EgEg salary, hunting, fishing, commercial salary, hunting, fishing, commercial

transactiontransaction

�� Indirect effort: wifeIndirect effort: wife’’s maintenance, marital gift, s maintenance, marital gift,

inheritance, receive a gift.inheritance, receive a gift.

ContCont……

�� Unlawful way of taking properties.Unlawful way of taking properties.

�� EgEg. Theft, extortion, embezzlement of public . Theft, extortion, embezzlement of public

fund.fund.

�� Misleading a person in contract or Misleading a person in contract or ikrahikrah

�� Unlawful labor Unlawful labor egeg prostitution, black magic and prostitution, black magic and

criminal activities.criminal activities.

Limitations of PR (2)Limitations of PR (2)

�� 2. Does not cause harm or problems to other 2. Does not cause harm or problems to other
peoplepeople

�� Legal maxim: Private harm could be tolerated if Legal maxim: Private harm could be tolerated if
it were necessary to prevent greater harm that it were necessary to prevent greater harm that
would affect a larger number of people or the would affect a larger number of people or the
public at large. public at large.

�� HadithHadith: : ‘‘One should not harm himself or others One should not harm himself or others
(Muslim)(Muslim)

�� Monopolizing peopleMonopolizing people’’s basic needs is prohibited.s basic needs is prohibited.

Limitations of PR (3)Limitations of PR (3)

�� 3. The person is mentally capable to own 3. The person is mentally capable to own

property.property.

�� EgEg. If insane, put under guardianship.. If insane, put under guardianship.

Compulsory claims on propertyCompulsory claims on property

�� Claims on property are specified with certain Claims on property are specified with certain

obligations:obligations:--

�� 1. Family1. Family’’s maintenances maintenance

�� 2. 2. zakahzakah or obligatory charity.or obligatory charity.

Ethics (1)Ethics (1)

�� 1. It is permissible to keep some reserve funds 1. It is permissible to keep some reserve funds

for emergencies or for possible future needs.for emergencies or for possible future needs.

�� Hoarding wealth in the sense of keeping it from Hoarding wealth in the sense of keeping it from

circulation is forbiddencirculation is forbidden

�� Al Al TawbahTawbah: 34 : 34 ‘‘those who hoard gold and silver those who hoard gold and silver

and donand don’’t spend it in the path of God, give them t spend it in the path of God, give them

the news of their punishment. the news of their punishment.

Ethics (2)Ethics (2)

�� 2.Prohibition of excess expenditure along with 2.Prohibition of excess expenditure along with

the condemnation of miserliness. the condemnation of miserliness.

�� AL AL israisra: 29 : 29 ‘‘make not thy hand tied to thy neck, make not thy hand tied to thy neck,

nor stretch it forth to its utmost reach, so that nor stretch it forth to its utmost reach, so that

thou become blameworthy and destitute.thou become blameworthy and destitute.

�� Al Al AA’’rafraf: 31: 31’’ eat and drink but waste not by eat and drink but waste not by

excess for Allah excess for Allah lovethloveth not the wasters.not the wasters.

Ethics (3)Ethics (3)

�� 3. Obligation not to keep resources available to 3. Obligation not to keep resources available to

the community idle. the community idle.

�� HadithHadith ‘‘a person who reforms a land has the a person who reforms a land has the

right to own it. (al right to own it. (al bukharibukhari))

�� Acknowledge the right of individual while Acknowledge the right of individual while

maintaining the interest of public. maintaining the interest of public.

Concept of Concept of UqudUqud

�� Al Al shahhshahh and al and al rabtrabt: fastening and attaching : fastening and attaching

accordinglyaccordingly

�� A connection A connection btnbtn an offer and an acceptance in an offer and an acceptance in

a lawful manner which has its effect on the SM. a lawful manner which has its effect on the SM.

�� Sanctity of the contract Sanctity of the contract ‘‘al al maidahmaidah: 1, O : 1, O

believers! Be true to your obligations.believers! Be true to your obligations.

UqudUqud or Contractor Contract
�� ‘‘UqudUqud or contract technically means as an or contract technically means as an

expression of the matching between a positive expression of the matching between a positive

proposal made by one of the contractors and proposal made by one of the contractors and

the acceptance of the other contractor in a the acceptance of the other contractor in a

way which has an impact on the subject of the way which has an impact on the subject of the

contract.contract.

�� The The MejelleMejelle defined contract as little defined contract as little

contracting parties obligating themselves contracting parties obligating themselves

with regards a given matter and binding with regards a given matter and binding

themselves together with the same as a result themselves together with the same as a result

of connecting an offer with an acceptanceof connecting an offer with an acceptance

Types
of Uqud

Legality PurposeReciprocity Validity
Execu

tability

LegalityLegality

�� AqdAqd al al masyrumasyru’’

�� AqdAqd ghayrghayr al al masyrumasyru’’

ValidityValidity

�� AqdAqd sahihsahih

�� AqdAqd ghairughairu sahihsahih

ExecutabilityExecutability

�� Executable : Executable : aqdaqd al al nafidhnafidh

�� ahliyyahahliyyah

�� Suspended: Suspended: aqdaqd mawqufmawquf

�� guardianguardian

ReciprocityReciprocity

�� AqdAqd al al muawadhatmuawadhat: exchange: exchange

�� Property+ money= Bay al Property+ money= Bay al mutlaqmutlaq

�� Service (by a person)= Service (by a person)= ujrujr

�� Usufruct of property= Usufruct of property= IjarahIjarah al al manfaahmanfaah

�� Prop+PropProp+Prop=Bay al =Bay al muqayadahmuqayadah barterbarter

�� Money+moneyMoney+money= currency sale or bay al = currency sale or bay al sarfsarf

�� AqdAqd al al tabarruattabarruat

PurposePurpose

�� UqudUqud TamlikatTamlikat-- AlAl--MuaMua’’wadhatwadhat and and
AttabaruaAttabarua’’tt,,

�� UqudUqud IsytirakIsytirak-- mudharabahmudharabah, , musyarakahmusyarakah and and
muzaraamuzaraa’’,,

�� UqudUqud TawsiqatTawsiqat (Securities)(Securities)--KafalahKafalah, , RahnuRahnu
and and HawalahHawalah,,

�� UqudUqud ItlaqatItlaqat (removal of restrictions)(removal of restrictions)--
wakalahwakalah and and tauliahtauliah

�� UqudUqud TaqyiydatTaqyiydat (restrictions)(restrictions)-- taflistaflis, al , al hajrhajr

�� UqudUqud IsqatatIsqatat (discharges)(discharges)-- ibraibra’’, , muqasahmuqasah andand

�� UqudUqud HifzHifz-- refers to refers to wadiahwadiah..

Contracts classified into Contracts classified into

unilateral and bilateral contract. unilateral and bilateral contract.

�� Unilateral ContractUnilateral Contract-- Gratuitous in natureGratuitous in nature

�� IsqatatIsqatat (waiver), (waiver), ibraibra’’ (rebate), (rebate),

�� muqasahmuqasah (off(off--set of the debt), set of the debt),

�� will (will (wasiyyatwasiyyat), ),

�� endownmentendownment (fund) and (fund) and

�� loan (alloan (al--QardQard).).

Bilateral ContractBilateral Contract

�� Require consent of both partiesRequire consent of both parties

�� ‘‘uquduqud TamlikatTamlikat (contract of ownership) or (contract of ownership) or ‘‘uquduqud alal--

MuaMua’’wadhatwadhat (exchange), (exchange), ‘‘uquduqud IsytirakIsytirak (contract of (contract of

partnership) either partnership) either mudharabahmudharabah (passive (passive

partnership) or partnership) or musyarakahmusyarakah (active partnership), (active partnership),

‘‘uquduqud TawsiqatTawsiqat (contract of security) either (contract of security) either KafalahKafalah

((suretyshipsuretyship) or ) or RahnuRahnu (pledge), (pledge), ‘‘uquduqud ItlaqatItlaqat

(contract pertaining to do a work) either  (contract pertaining to do a work) either  wakalahwakalah

(agency), or (agency), or hiwalahhiwalah (debt transfer), (debt transfer), ‘‘uquduqud TaqyiydatTaqyiydat

(contract of restriction) and (contract of restriction) and ‘‘uquduqud HifzHifz (contract of (contract of

safe custody) or safe custody) or wadiahwadiah (safekeeping)(safekeeping)

PerpetualWaqf

Not exceeding

1/3rdWasiyahProperty

After

Death

needy and poorSadaqah

Respect or loveHadiyah

General

Hibah

Property

Lifetime

Purpose/RuleContractSM

Time of

Tabarru'

Thank YouThank You

�� Dr. Dr. ZulkifliZulkifli Bin Bin HasanHasan

�� Faculty of Faculty of SyariahSyariah & Law& Law

�� EE--mail: mail: zulkiflih@admin.kuim.edu.myzulkiflih@admin.kuim.edu.my

�� EE--mail: mail: zul361977@yahoo.comzul361977@yahoo.com

Thank YouThank You