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A-LevelIslamic StudiesIslamic law and its sources (Shari'ah and Fiqh)9488/22 · May/June 2022 · Q225 Marks

State five businesses or trades which Muslims should avoid.

  1. (a)State five businesses or trades which Muslims should avoid.[5]
  2. (b)Describe the conditions necessary for trade and business transactions in Islam.[10]
  3. (c)'Honesty is the most important requirement for trade in Islam.' Do you agree? Discuss this statement with reference to different points of view.[10]

Mark scheme

Marking points from the official mark scheme (May/June 2022). The mark or mark type is shown in brackets.

  1. [5] A01 - Knowledge and understanding
  2. Gambling/items used for gambling
  3. Alcohol sales
  4. Drugs/intoxicating substances
  5. Trades denying human rights/slavery
  6. Western banking (with interest)
  7. Pork
  8. Non-Halal meat
  9. Prostitution
  10. Trades involving immodest activities, e.g. night club
  11. Pornography
  12. Bars/pub trade
  13. Something you do not own
  14. Items which may be used illegally, e.g. weapons
  15. Hoarded goods
  16. [10] A01 – Knowledge and understanding
  17. The conditions for trade are drawn from the Sunnah of Muhammad (pbuh) and his dealings in Medina; the interpretations by the early Muslims and the schools of thought which drew these together. Accept answers according to any school of thought.
  18. Qur'an 11.85 states: 'And O my people! give just measure and weight, nor withhold from the people the things that are their due: commit not evil in the land with intent to do mischief.' Therefore, trade should be done fairly, and with good intention.
  19. Qur'an 2.282 refers to contracts and conditions for them. This includes details about writing or scribing the contract. It begins: 'O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so he him write.'
  20. Just as Muslims consider God in everything, so they should consider God when conducting trade. Muhammad (pbuh) said: "Whoever enters the market and then says, 'There is no god except Allah... Allah will write to him one million reward, obliterate to him one million sin, and rise him one million rank.” The Prophet (pbuh) taught Muslims to be honest, lenient in trade.
  21. A seller should offer an item without condition and clearly so the buyer understands what is on offer. An offer can be made verbally, in writing or by message or sign language. The offer may be withdrawn before it is accepted, according to most schools such as Hanafi and Hanbali, but not Maliki. The offer and acceptance should be stated aloud before the traders leave each other, and the quantities and price defined.
  22. The parties must be adult, sane, not intoxicated, terminally ill or bankrupt. The person must be free to make the contract and the items available for sale, in other words not owned by someone else. The items should be halal items.
  23. Any debts involved should be specified and not include debt of foods. Speculative sales can be made although the Maliki schools of thought contains details about ensuring there are no misunderstandings, based on the customs of the people of Medina.
  24. [10] AO2 – Analysis and evaluation
  25. Honesty is a general requirement of good conduct for Muslims, based on the Sunnah of Muhammad (pbuh), who was honest and trustworthy in his dealings. However, whether it is the most important consideration of all, when conducting trade, is a matter for discussion.
  26. The Quran 11:85 states: 'O my people! Give full measure and full weight in justice, and wrong not people in respect of their goods.' So, it is a command from God to be honest in trade, and nothing can be more important than the word of God for Muslims.
  27. Muhammad (pbuh) set an example of honest trade and told his followers to be honest too, in various Hadith such as: 'The blessed trade is the trade that is not mixed with lie or any evil doing.' Muslims aim to follow his example, which suggests that honesty is the most important consideration.
  28. It is a condition of Islamic law (shariah) in general to clearly state quantities, amounts and so on, which implies honesty, because if a trader is not honest, they may in effect be cheating. This could be seen as stealing, which is a form of wrongdoing for which a Muslim might fear punishment in the afterlife.
  29. Muslims are not supposed to trade with forbidden (haram) items. Therefore, this might be considered first before entering any agreement where honesty could be a factor. So, honesty should be considered second.
  30. The intention to trade is for God, and if Muslims are judged according to their intentions first and foremost, the action of trading honestly might be of secondary importance to this intention.
  31. Whilst honesty is important, there are many other factors in making a contract, such as being adult, sane, owning the items for sale and so on. Any one of these might be considered more important or perhaps of equal importance, since the Prophet (pbuh) did not specify any one as most important.
  32. Conclusions could make an overall judgement about which factor, if any, is most important for Muslims to conduct trade and relate honesty to that.

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About this question

Topic
Islamic law and its sources (Shari'ah and Fiqh), A-Level Islamic Studies (syllabus 9488). Structured question, 25 marks.
Source
A-Level Islamic Studies, May/June 2022 Paper 2 Variant 2, question 2.

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