Fiqh al-Tajir al-Muslim

Fiqh al-Tajir al-Muslim (The Jurisprudence of the Muslim Merchant, in full Fiqh al-Tajir al-Muslim wa-Adabuh) is a handbook on Islamic commercial jurisprudence and business ethics by the Palestinian jurist and professor of jurisprudence and legal theory at Al-Quds University, Husam al-Din Afana Fiqh al-Tajir al-Muslim+1. Completed in 1426 AH (2005 CE), the work is designed as a practical legal and ethical guide for contemporary merchants and traders Fiqh al-Tajir al-Muslim+1.

Background and Purpose

The author completed the manuscript in Abu Dis, Jerusalem, on the morning of Tuesday, 12 Rajab 1426 AH (16 August 2005 CE) Fiqh al-Tajir al-Muslim. He composed the book to address the practical legal needs of traders, highlighting commerce as the backbone of economic life and emphasizing the individual obligation (fard 'ayn) incumbent upon Muslims to learn the foundational rules governing their specific trade or profession Fiqh al-Tajir al-Muslim+1.

Afana intended this volume to inaugurate a planned series aimed at making Islamic jurisprudence accessible to different vocational and social groups—including physicians, nurses, educators, imams, Friday preachers, employees, manual laborers, athletes, and spouses Fiqh al-Tajir al-Muslim.

Contents and Structure

The book is structured into thematic discussions covering scriptural foundations, classical contracts, contemporary financial transactions, prohibited commodities, and professional conduct:

• Scriptural Foundations and Legal Obligations: Introduces the virtues and regulations of commerce in the Quran and the Prophetic Sunnah, profiles prominent merchants among the Companions, and outlines the requirement to avoid letting commercial pursuits distract from religious duties and congregational prayers Fiqh al-Tajir al-Muslim.
• Core Contractual Rulings and Zakat: Details the pillars and conditions of valid sales (bay'), guidelines for lawful earning (halal), the requirement of specifying prices, the permissibility of down payments ('urbun), documentation through written contracts and witnesses, and the comprehensive calculation of commercial zakat—covering partnerships, stocks, depreciated or stagnant merchandise, and eligible recipient categories Fiqh al-Tajir al-Muslim.
• Contemporary and Prohibited Financial Practices: Examines modern commercial developments, focusing substantially on the prohibition of usury (riba) and dealings with conventional interest-bearing banks, as well as the distinction between profit and interest, credit cards, stock markets, deferred checks, currency exchanges, installment sales, and gold transactions Fiqh al-Tajir al-Muslim+1.
• Partnerships and Commercial Ethics: Outlines silent partnerships (mudarabah)—affirming the invalidity of guaranteeing a fixed monetary return instead of a proportional profit share—and addresses prohibited transactions, such as the sale of stolen property, counterfeit goods, expired food, cigarettes, dogs, and indecent materials Fiqh al-Tajir al-Muslim+1.
• Etiquette of the Merchant: Dedicates concluding chapters to the merchant's ethical conduct, including sincerity of intention, early rising to seek livelihood, market supplications, truthfulness, leniency, granting respite to debtors (inzar al-mu'sir), giving accurate measures, avoiding sworn oaths and deceptive bidding (najash), and avoiding the use of discarded paper inscribed with Quranic verses for merchandise packaging Fiqh al-Tajir al-Muslim.

Method

Afana presented the work in accessible modern language tailored to non-specialist readers and practicing merchants Fiqh al-Tajir al-Muslim. He supported each topic with direct textual evidence from the Quran and the Sunnah, evaluating hadith narrations and referencing classical legal authorities from the major Islamic schools of jurisprudence alongside modern juristic determinations to establish the preponderant legal opinion (al-rajih) in contested matters Fiqh al-Tajir al-Muslim.

Publication and Reception

The first edition of the work was published in Jerusalem in 1426 AH (2005 CE), with typesetting and formatting prepared by Shifa' bint Husam al-Din 'Afana and distribution handled by al-Maktabah al-'Ilmiyyah and Dar al-Tayyib in Abu Dis Fiqh al-Tajir al-Muslim.

The work was subsequently translated into Turkish by Dr. Servet Bayındır of Istanbul University Fatawa Yasalunak.