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Khula' (Dissolution of the marriage at the wife’s request)

Khula' refers in Islamic law to the dissolution of the marriage in specific words and in return for compensation paid by the wife to her husband.Allah says: ‘If you have cause to fear that they would not be able to keep within the bounds set by Allah, it shall be no offence for either of them if she gives up whatever she may in order to free herself’ (2: 229).

The husband’s rights

Wives should always keep their husband’s secrets, revealing them to no one. Allah says: ‘The righteous women are devout, guarding the intimacy which Allah has ordained to be guarded’ (4: 34).

Wife's Rights

The dowry: This is due to her by right. Being looked after: Which includes her food, clothes and home. All these must be provided by every husband to his wife.

The Dowry

The Dowry refers to the money the groom must pay to his bridegroom in connection with the marriage contract. Ruling: The husband must pay the dowry to his wife once the contract has been made, and it cannot be written off. This is clear from the Qur’an, as Allah says: ‘Give women their dower as a free gift’ (4: 4).

The marriage proposal

When a proposal is accepted, even implicitly, no other man may make a proposal of marriage to the same woman if he is aware of the first proposal. It is forbidden to make a direct expression of one’s desire to a widowed woman while she is in her waiting period.

Endowment

Endowment means dedicating something that can give benefit, while retaining ownership of it, in order to gain reward from Allah. This means that the principal is retained, but the yield is given freely.

Borrowing

To borrow means to gain the benefit of something, but it remains intact. Borrowing is lawful and encouraged in Islam because it is implied in Allah’s order: ‘Help one another in furthering righteousness and piety’ (5: 2).

Conditions of Hire

Ijaarah means a contract to obtain a known benefit in an ongoing arrangement for a specific period from a known or described object, or a contract to get some specific work for a specified remuneration.

Partnership

Partnership (Sharikah) means joining two properties together so that they cannot be separated. In Islamic contexts it means ‘having joint rights or actions’.This includes the rights to inheritance, will, or a gift that gives shares of benefit or ownership. This is also called ‘partnership in ownership’.Allah says: ‘Thus do many partners wrong one another, except for those who believe and do righteous deeds’ (38: 24) and ‘If there be more, then they shall share in one-third’ (4: 12).

Loans

A loan is money given by one person to another to be returned later in the same amount, so as to benefit the recipient only. It is legitimate, as is clearly stated in numerous Qur’anic verses and Hadith.

Types of Usury

One: Riba al-Fa l (i.e. an increase in quantity). This means that the two items exchanged in a particular deal are of the same type but the quantity of one of them is more than the other. Two: Riba al-Nas’ah (i.e. increase for a delay). This refers to an additional quantity of one of the exchanged items in return for delayed payment, or in return for delayed possession in the sale of two kinds that share the reason applicable to Riba al-Fadhl when one of them is not money.

Usury

Definition and Ruling: The Arabic term riba, which means ‘usury’, originally means ‘increase’. In Islamic usage it means ‘an increase in one of the two exchanged items without a compensation to offset this increase. Allah says: ‘Allah has made trade lawful and usury forbidden’ (2: 275).

Commercial Transactions

Essentials: A sale has three essentials: parties, subject of sale, and a formula.Witnesses: To have witnesses to a sale is recommended, but not obligatory.  Allah says: ‘Have witnesses when you make business deals’ (2: 282).

Dhimmah and jizyah

Linguistically speaking, the Arabic term dhimmah means pledge, security or warranty. The dhimmah pledge means, in Islamic terminology, leaving some unbelievers alone and protecting them in return for their payment of jizyah and abiding by the Islamic rules that apply to them.

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