Saudia back in business after glitch

By Roger Harrison

JEDDAH: The South Terminal at King Abdulaziz International Airport in Jeddah was back in business on Saturday after last week’s flash flooding knocked out Saudia’s computer network.

The departure board Saturday afternoon showed one canceled and one delayed domestic flight. The level of traffic was, however, very low, with no queues at either the domestic or international departure desks.

Certainly there were few passengers at the inquiries and customer services desk. A senior Saudia official with responsibility for operations within the terminal said a couple of days ago there had been some problems. “Today however, there are no problems, everything is running normally,” he said.

Passengers told Arab News that there had been few if any problems traveling and others confirmed the official’s observation. Two German travelers bound for Dammam said they had checked the status of their flight early in the day at the main Saudia office. “Everything seemed to be operating normally and the systems appeared to be in order,” said one traveler.

The testing time for the airport ground handling staff will be in a few days as pilgrims flock to Jeddah for their return flights.

Source : Arab News

Indonesia's "king of mining" eyes biggest bet yet

By Fitri Wulandari

JAKARTA (Reuters) - Yusuf Merukh, an Indonesian politician-turned-businessman, is nicknamed the king of mining after the 500 concessions in his portfolio, but his latest venture could dwarf the rest.

Despite the bursting of the commodity bubble, his unlisted Merukh Enterprises plans to push ahead with what has the potential to be one of the world's largest copper and gold mines, on Lembata, a dot of an island off Flores in eastern Indonesia.

But the project is controversial. Merukh says the site has preliminary reserves of 136.1 billion pounds of copper and 80.3 million ounces of gold but some media reports have questioned the actual size of the deposits.

At $17 billion, the cost of development is also being criticized, while environmental and community groups have raised concerns about the project's impact.

"I reject the project. Its mining potential is unclear," former Environment Minister and current member of the parliamentary mining committee Sonny Keraf said.

Reuters was unable to obtain records of the gold and copper resources in Lembata from the relevant departments in the Energy and Mines Ministry.

Merukh, 72, keeps a low profile and is rarely seen at the big mining industry gatherings, said one executive who didn't want to be identified by name.

He was born on the Indonesian island of Rote, in East Nusa Tenggara, and was a politician for many years during which he sat on a parliamentary mining committee and worked as a top government agrarian official.

In a rare interview with Reuters earlier this month, Merukh said that his group will start to invest in infrastructure for the Lembata project next year, but declined to say where he would get the funding.

Indonesia has some of the world's largest deposits of gold, tin, copper, and nickel, and leading global mining firms, such as Freeport-McMoran Copper & Gold (FCX.N) and Newmont Mining Corp. (NEM.N), operate in the country.

But its big mining projects don't always live up to the hype.

More than a decade ago, Merukh had an interest in the Bre-X gold mine project in Kalimantan. Bre-X was touted as one of the world's largest finds, but turned out to be a huge hoax.

Indonesia's mining projects have also often been the source of conflicts because of the impact on the environment and local populations, especially when it comes to the distribution of the proceeds.

"We are last to benefit from a project. Number one is the local people," said Merukh.

On the Lembata project, the predominantly Catholic population of roughly 100,000 will have to be relocated.
Many of the local people lack the skills to work on the mining project, so Merukh plans to bring in outside workers who will be housed on a nearby island in order to reduce the risk of conflict with the local population.

Merukh, who is worth $174 million according to the Indonesian business magazine Globe, initially studied agriculture and spent time in the United States at Texas A&M university.

He was a supporter of Megawati Sukarnoputri early on in her political career, according to Globe, long before she became Indonesia's president in 2001.

His early business ventures included chrome exploration, but he moved into gold concessions when the price was far below today's level of about $845 an ounce.

"He is the first Indonesian who has held so many mining concessions," Hartojo Wignjowijoto, an economist who has known Merukh for many years, told Reuters.

"At first, I thought he was just trading mining licenses, but he proved to be a good mining partner (for foreign investors). He's shrewd. But he's shrewd for the national interest, and patriotic."

Merukh said he was optimistic demand for copper from the car and electronics industries would hold up despite the slump in commodities. Copper prices have tumbled almost 70 percent since hitting a record high of $8,940 a tonne in July.

"As long as the industry is still there and still alive, they still need copper," he said.

Jeddah shops pin hopes on returning pilgrims

JEDDAH: Jeddah's shopping malls, souqs and outlets are looking forward to a promising period of business with the steady return of pilgrims.

Several pilgrim groups brought by private tour operators, who arrived in the city and stayed in hotels before Haj, have started returning here either directly from Makkah or via Madinah at the end of the annual pilgrimage.

Most of the starred hotels said yesterday that the pilgrims chose to extend their stay here for a few days for shopping. “After all, they would like to buy something for themselves or carry gifts for their near and dear ones back home,” a hotel executive said.

"We had a golden period in the past when we did much of our business in the post-Haj period. That was when Haj pilgrims arrived here and finally departed from here. But this practice being no more, we have to depend on the groups of pilgrims brought by private tour operators who stay here before returning home,” Abdullah Ibrahim, an electronics shop supervisor in downtown Balad said. “Yet, the post-Haj business for us is satisfying,” he added.

A tour around the main shopping areas in Balad and some of the souqs and malls last evening showed a hectic activity among the shopkeepers to receive the pilgrims. After the three-day Eid Al-Adha holiday, almost all the shops and outlets have reopened. The Souq Al-Alawi street market, which winds through much of old Jeddah, is one of the major attractions for the pilgrims. “This is my first Haj and I want to carry something that is unique,” said Abdul Hameed Saefullah, an Indonesian who operates a restaurant in Jakarta. “I intend to buy some Turkish rugs and Iranian saffron,” he added.

A major reason why so many Haj pilgrims flock to Balad is that it has a number of souqs and is also home to the city's largest public transport depot. Buses come in from all over the Kingdom and from around the region. What is more, SAPTCO operates regular international bus services between the Kingdom and some of the neighboring countries including Turkey, Syria, Jordan, Qatar, Kuwait, Bahrain and the UAE.

Gold and jewelry dealers at Balad and Kandra said their business often doubles in the post-Haj period. “This is a dedicated market for gold and jewelry and pilgrims who are keen on buying precious ornaments do make it a point to visit us, as our prices are competitive,” Abdul Khaliq, a jeweler at Kandra said. “Our country is sitting on gold, but we haven't seen the kind of gold markets you have. I am currently window-shopping, but have plans to make some gold purchases here,” Abdullah Mahdi, a pilgrim from South Africa said.

Vendors with counterfeit products in downtown and other city markets were also seen crowded with pilgrims interested in buying sunglasses, binoculars, handbags, mobile sets and watches, some of them bearing the names of expensive brands. “Some pilgrims are buying large quantities of handbags and watches, which they resell back home,” a vendor remarked.

“I have heard a lot about Jeddah’s open-air souqs and pedestrian bazaars, as well as the most modern shopping malls,” said Yusuf Mustafa, an Ethiopian pilgrim. “This is my first Haj and my effort is to visit all of its major souqs and malls and carry home some best bargains,” said Mustafa who works in a private company in Addis Ababa. “I will also be touring Tahliah Street, which has some of the best known outlets for fashionable and designer brands,” he added.

“I am looking for souvenirs like prayer beads, prayer rugs, Arabian teapots and attars (Arabian perfumes),” said Maaroof Rafeek, a Sri Lankan pilgrim, while he was shopping at Hera International Market. “I will also be carrying some dresses for my children,” he said.

Ibrahim Mugni, who sells prayer beads, at Bowadi souk in north Jeddah, said: “Prayer beads are very much in demand and tens of thousands of them are sold in the post-Haj period.”

A couple of Canadian pilgrims of Pakistani origin said shopping here was great and in spite of their short stay they would shop and visit the picturesque Corniche to see the sun setting and spend some time at the beach.

Ahmed Muhammad, a textile shop owner at Bani Malek, said: “The going is great for him. Many pilgrims come to me to buy fabric as I stock a variety of material from different countries. Children’s fabric and dresses are usually in great demand.”

Five and 10-riyal shops at various locations including at Balad and Al-Rawdah Street are being thronged by pilgrims for cheap products. Likewise, money exchanges at Balad are being visited by pilgrims for exchanging their currencies.
Source : Arab News

Arabia Businesswomen 2008 : Afnan al-Zayani

ARABIAN BUSINESSWOMAN: Afnan al-Zayani is the President of Al Zayani Commercial Services, Bahrain.

Al Zayani Commercial Services W.L.L. was established in 1980. Today, it represents various products and services from internationally reputed companies providing world class state of the art products, services and solutions by having a network of business associates, joint ventures and contacts all over the world. Al Zayani Commercial Services ‘s customer base covers ministries, banks, major companies, multi national organizations, institutes, as well as the business sector in the Kingdom of Bahrain.

Al Zayani Commercial Services W.L.L comprises of three main divisions:
Office Automation Division:
AZCS office automation division provides a comprehensive range of Digital office equipment products under one roof. A team of professional sales, factory trained engineers and experienced system support engineers supports AZCS office automation division. Large quantities of consumables and spare parts are stocked to meet customer’s requirement at all time.

IT Solutions Division:
I T Solutions Division is a solution provider specialized in Document Imaging, Archiving, Management, data capture, and COLD applications. We are one of the reseller of handheld terminals and barcode equipment in the country.

Trading & Tendering Division:
This highly successful division of Al Zayani Commercial Services W.L.L. participates in tenders to major companies and government establishments in Bahrain. In recognition of its professionalism, Al Zayani Trading and Tendering has been awarded an ever increasing number of tenders to supply projects in ports, schools, hospitals, industrial companies and many business in Bahrain. We also represent various product/services offered by internationally reputed companies.

Tree of Life:
Tree of Life is one of the division of Al Zayani Commercial Services, specialized in producing a full range of decorative plants and arrangements, made in Bahrain to the customers’ requirement. Tree of life's art design plants provide a convenient and equally attractive alternative to natural trees and plants.

BUSINESS CENTRE
A division of Al-Zayani Commercial Services - Office Automation Division. The Business Centre provides personalized services to all major companies, ministries and institutions as well as conference services with operators and equipments.
RICOH Business Centre services are:
Desktop Publishing, Thermal & Spiral Binding of documents, Printing on T-shirts, Caps, Mugs and personalized items, Graphic designing, Flyers designing and printing using PC and Mac, Full color and Black & White copying (A5-A3), plus transparencies, Engineering Drawings copying, plotting using AutoCad2000 and scanning, Arabic and English Typing, Plastic identity cards designing and printing, CD creation, Document Scanning, Multimedia projectors and screens rentals, Lease/ Rent of photocopiers, fax machines, scanners and printers with or without operators.

Dream fulfilled helps Muslims realize theirs (2)

George Bailey's lesson

Abdul-Rahman, an imam — or Muslim scholar — likens himself to the small-town banker with a good heart played by actor Jimmy Stewart in It's a Wonderful Life. He screens an edited version of the movie for new employees and often retells the hallowed Hollywood tale of how townsfolk who invested small savings together created a better life for all.

Since Lariba's founding in 1987, in a room with a broken window over Abdul-Rahman's garage, the state-regulated finance company has underwritten more than $200 million in automobile, business and mortgage loans. It originated nearly half that total in 2003, the most recent year for which Federal Reserve data are available.

In turn, secondary-mortgage marketers Fannie Mae and Freddie Mac purchase the mortgages from Lariba for their portfolios, recycling cash back into the business.

Last year, Abdul-Rahman took the helm of a small national bank, the Bank of Whittier, with $26 million in assets, as a vehicle to expand into 49 states. Clients who require more funds or more competitive terms than Lariba can provide are referred to the bank. Competitors:

• Guidance Financial Group in Reston, Va., a sharia-compliant mortgage finance company founded by French-Syrian economist Mohamad Hammour. It is building a nationwide retail presence, supported by funding from secondary-mortgage marketer Freddie Mac.

Guidance Senior Vice President Rehan Dawer likens the swift development of Muslim mortgage products in this country to the advent of bottled water: initially expensive, eventually indispensable.

• Devon Bank in Chicago, a Jewish family-owned bank, launched Muslim real estate and business-loan products in January 2003 in one of the country's most diverse neighborhoods. It joined a handful of traditional financial institutions, including HSBC in New York and University Bank in Michigan, in exploring the Muslim market.

Bank attorney David Loundy, a son of Devon's founder, says he solicited approvals from federal banking regulators and the Sharia Supervisory Board of America for the bank's Muslim mortgages, which now account for half of its small but fast-growing mortgage portfolio. He also developed savings accounts that replace interest income with profit sharing. The deposit accounts await Securities and Exchange Commission approval.

• Several Muslim-Americans, including principals of Samad Group in Kettering, Ohio, and Shape Financial in Falls Church, Va., are developing other sharia-compliant financial products.

Abdul-Rahman, the son of a former Egyptian undersecretary of education, came to the USA as a chemical engineering graduate student at the University of Wisconsin in February 1968. He had $17 in his pocket and no scholarship. With a job as a teaching assistant, he earned master's and Ph.D. degrees.

He was destined for good fortune. Upon graduation, Abdul-Rahman joined oil company Atlantic Richfield, later Arco, in Texas, and earned several patents for his work extracting oil from shale.

Business Oportunity in Indonesia

The Indonesian government is targeting growth of the electronics industry around 13.15 percent in the period 2005-2009 with a target investment reached 2.5 billion U.S. dollars.

"Industrial consumption of electronics and components industry is a priority that will be developed in accordance with the National Industry Development Policy", said Minister of Industry, Fahmi Idris on the celebration of the achievement of the production of television (TV) Sharp to-10 million units in Jakarta on Thursday.

He said that currently there are approximately 230 companies in the field of electronics that operate in Indonesia. The government view the electronics industry, including leading the industry with a target of average growth in 2005-2009 reached 13.15 percent.

"To achieve these targets required additional investment of not less than 2.5 billion U.S. dollars, with hopes to create 15,000 new job opportunities per year," said Fahmi.

For that, he continued, the government has been working to create a conducive climate, especially related to taxation, fiscal incentives, and employment laws.

In addition, the government also refers to the electronics industry during this, there are many on the island of Java and Batam more spread to other areas through the regulation number 1 of 2007 to give fiscal incentives for certain industries and / or in certain regions, especially outside Java Island.

However, responding to question the government's plan and the elimination of the decline in Luxury Goods Sales Tax (PPnBM) a number of electronic products, Fahmi only hope that there are stages to this is the last one, given that the proposal has been around two years, but have not signed the Minister of Finance.

Meanwhile, Director General of Industrial Equipment and Transportation on (IATT)) • DEPPERIN Budi Darmadi said until now the target of investment of 2.5 billion dollars during 2005-2009 has reached around 70 percent.

"Until now about 70 percent of the target investment in the field of electronics has been reached. A number of companies from Japan, South Korea, and China, such as Sharp, LG, and Changhong, has been to instill and increase investment in Indonesia," he said.

President director of PT Sharp Electronics Indonesia (SEID) Fumihiro Irie said on the same opportunity that this year the government has added approximately 140 billion investment.

"Around Rp100 billion, we have investasikan to add new production lines refrigerator, because there is a large demand from the market in the country," he said.

While the rest, information Irie, is used to increase the production capacity of washing machines. He was optimistic Indonesia's electronic market will still grow next year with growth of around 20-25 percent, reported by Republika News.

News, Aboutaleb, Mayor of Rotterdam First Muslim

Rotterdam, Netherlands second largest city will have a mayor birth of the first Muslim Morocco since January 1, 2009. Ahmed Aboutaleb, Friday, introduced as a future mayor by the city council.

The government will still approve the adoption Aboutaleb, 47 years old, but this is considered a formality. Labor Party politician is the first mayor who was born and bred in the Netherlands. He also became the first Muslim citizens mayor in the Netherlands.

Aboutaleb was born in Morocco and wander to the Netherlands at the age of 14 years. He now serves deputy minister of social affairs, and was a member city council in Amsterdam.

The second largest party in the city council of Rotterdam, Leefbaar Rotterdam, responding to a serious development, the fact that the censure Aboutaleb have two nationalities, Morocco and the Netherlands. Fleur Agema, council members from the Freedom Party (PVV), supports it and will ask for an emergency meeting of parliament about the possibility of lifting it.

Kontoversi about citizenship Aboutaleb political arena in the Netherlands is the second time in the last two years. About pengangkatannya as deputy minister, Freedom Party also criticize the fact that Aboutaleb have dual citizenship. "Most do not cause the look of the dual loyalty," said Agema.

Both parties that support a policy of strict immigration and violent actions against crime by migrants. However, Mayor of Amsterdam, Job Cohen (Labor) praised Aboutaleb with the call "Highly".

But, he also criticize the fact that Labor is now occupying the three positions of mayors from the four largest Dutch cities, and the majority of the city's middle-sized cities. "No party has the mayor of the largest Christian Democratic government will be difficult to receive national funding for local projects," said Cohen.

The citizens of Morocco can not revoke their citizenship. Even their children born in the Netherlands automatically citizens of Morocco.

Dutch business that repeatedly tried to negotiate with Morocco Morocco to revoke the citizenship they always failed. Around 45 percent of the 582,000 citizens not born in Rotterdam Rotterdam or have parents who were born in foreign countries.

In Rotterdam, which has broad issues of social economy, crimes that involve the community in the problem of migrants is now a cause tensions with residents, the birth of Dutch citizens, reported by Republika News.

Spiritual Leader in Business

In the book, SQ: Spiritual Intelligence-The Ultimate Intelligence, Danah Zohar and Ian Marshall told about a businessman from the United States and Mexico fishermen. Employers praised the United States that the fishermen and asked how long the time needed for catching it. Mexican fishermen said, “Only a moment.” American businessman was asked “Why do not you stay at sea longer to get more fish?”. “Fishing is already sufficient to meet the needs of my family” responsibility of the fishermen. “But, what you do with the rest?” Ask the United States businessmen. Mexican fishermen said “I sleep soluble, while fishing, playing with my children, sleep with my wife, walking to the village every night to sip wine and play guitar with my friends. I have a life full and busy, and Senior. ” American businessman is mocking, “I am a Harvard MBA graduates and can help you. You should use the time to catch more fish. With profits from there, you can buy a larger boat. Results from a larger boat you can buy some of the boat again. In the end, you will have a fleet of fishing boats. Rather than sell the catch to the middleman, you can sell directly to the fish-processing factory, and finally, you can open your own canning business. You will control the product, processing and distribution. Later, you must leave the small coastal village and move to Mexico City, then to Los Angeles, and finally, to New York, and you will run the company’s own growing. “Then the Mexican fishermen said that” Senior However, how long the time needed for this? “. American businessman said “Fifteen to twenty-five years.”

According to Danah Venus and Ian Marshall, American businessman in the story is stupid in the spiritual, while Mexican fishermen is intelligent in the spiritual. The fishermen have the understanding that the purpose of intelligent life on their own, which deems important, motivasinya own in the most. He was a lifestyle that can meet the needs of himself and his family, he was taking time for things that are meaningful for him, he felt peaceful, he concentrated. In the United States businessmen, children from the culture stupid in the spiritual, ambitious, he must achieve something for the achievement itself, with motivation gives life a deep, he has ambitions to absorb the meaning, only the ideals that he learned at Harvard. Fishermen that will likely be long and died with a peaceful, while the businessmen will be affected by heart attacks, died with the blues, because they do not successfully reach the factory that was converted.

The level of spiritual intelligence of Mexican fishermen are the new lowest levels of spiritual intelligence, that is meaningful nautical himself and his family. Levels of intelligence is both the spiritual meaning for the community and the highest mean for God, life is solely for worship to God. Prophet Mohamed divide time into three parts. One third for the Lord, one third for the community and one third for the family. Ite r.a. said, “The existence of the Prophet s.a.w. awake nights praying to split his feet, then I thought: Why do so when God forgive the sins of the past and the future? “Answer the Prophet” is not for me to be a servant grateful to Him. ”

In leading the Prophet Muhammad is beloved friend. God made him a leader in those tools and those past. He makes his friends as well as the friends of the Prophet. “The best of my Ummah is the people who love you, and you love them. And a bad my Ummah is the people hate you, and you hate them “Messenger of heat. Speech last before the funeral was “my Ummah ….. my Ummah” because he is his love.

Rasululah s.a.w. eager to invite joke with his wife and the way they thought accordance with the degrees of their intellect and morals in the act. Messenger s.a.w. love their children, often greet them when on the road and play with them. Grandson Hasan and Husin often climb back when the Prophet and the Prophet prayer is not disturbed children who are skittish. Most of the grandson of Prophet smell. In the household of Prophet said “My home like heaven for me.”

The Influence of the Implementation of Sharia Principles in Banking: by M. Suyanto

The objective of my research was to analyze the influence of the implementation of sharia principles on the bank performance and the welfare of employees and society involved in the activities of Sharia Banks in Indonesia by selecting the bank performance as an intervening variable. The population of this research was sharia banks in Indonesia between 2002 and 2006. The structural equation modeling (SEM) was used to analyze a series of dependence relationships among variables simultaneously.
The study of several concepts and indicators in sharia banking revealed the following models. First, the implementation of sharia principle variable was influenced by several indicators, i.e., sharia financing, sharia funding, and aqad compliance. Second, the bank performance variable was influenced by a number of indicators, i.e., profitability, solvency, and commitment to community. Third, the society welfare variable was affected by indicators of financing, qordul hasan and zakat-infaq-sodaqoh. Fourth, the employee welfare variable was influenced by the indicators of salary-bonus, general benefits and relegious benefits.
The results showed that first, the implementation of sharia principles had a positive and significant influences on the Sharia Bank performance of at α = 0.05 with a path coefficient of 0.95 and p value of 0.000, suggesting that the implementation of sharia principles in Sharia Banks in Indonesia which is getting better, more consistent and more sustainable would, in turn, improve the bank performance or result in the higher profitablility and solvability and give the benefit to the small business entrepreneurs joining the Sharia Banks as customers. Second, the implementation of sharia principles had an insignificant influences on the welfare of society involved in the activities of Sharia Banks in Indonesia at α = 0.05 with a path coefficient of -0.23 and p value of 0.671, indicating that the implementation of sharia principles in Sharia Banks in Indonesia which is getting better, more consistent and more sustainable would not increase the welfare of society involved in the activities of Sharia Banks in Indonesia or would not increase the financing and qordul hasan portions as well as zakat-infaq-sodaqoh and social activities. Third, the implementation of sharia principles had an insignificant influences on the employee welfare of Sharia Banks at α = 0.05 with path coefficient of -0.03 and p value of 0.942, maintaining that the implementation of sharia principles in Sharia Banks in Indonesia which is getting better, more consistent and more sustainable would not improve the employee welfare of Sharia Banks. Fourth, the Sharia Bank performance had an influence on the welfare of society involved in the activities of Sharia Banks in Indonesia at α = 0.05 with path coefficient of 1.24 and p value of 0.034, revealing that an excellent performance of Sharia Bank would, in turn, improve the welfare of society involved in the activities of Sharia Banks in Indonesia.. Fifth, the Sharia Bank performance had a significant influence on the employee welfare at α = 0.05 with a path coefficient of 1.01 and p value of 0.027, explaining that an excellent performance of Sharia Bank would also improve the employee welfare in Sharia Banks in Indonesia.
Other findings showed an indirect effect, i.e., the implementation of sharia principles with the bank performance as the intervening variable, had a positive and significant influences on the employee welfare, with a path coefficient value (indirect effect) 0.96, suggesting that the implementation of sharia principles in Sharia Banks in Indonesia which has been getting better, more consistent and more sustainable, would result in the higher the bank performance. The higher the bank performance would, in turn improve the employee welfare of Sharia Bank. The implementation of sharia principles with the bank performance as intervening variable had a positive and significant influences on the society welfare, with a path coefficient value (indirect effect) 1.18, indicating that the implementation of sharia principles in Sharia Banks in Indonesia which has been getting better, more consistent and more sustainable, would result in the higher bank performance. The higher bank performance would, in turn, improve the welfare of society involved in the activities of Sharia Banks in Indonesia.
Based on the findings of the research, it can be concluded that the implementation of sharia principles in Sharia Banks in Indonesia which has been getting better, more consistent and more sustainable would, in turn, improve the bank performance. Moreover, the excellent of the bank performance would exert a significant effect on the welfare of employees and society involved in the activities of Sharia Banks in Indonesia.

Laws of Partnership in Islam

If two persons make an agreement that they would trade with the goods jointly owned by them, and would divide the profit between themselves, and if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other's partner by conduct, the partnership will be valid. If some persons enter into a partnership to share the wages from their labour, like, if a few barbers or labourers agree mutually that they would divide between themselves whatever wages they earn, that partnership is not in order. But if they enter into a mutual compromise that, say, half of what one earns will be given to the other, for a fixed period, in exchange of half of what the other earns, this transaction will be valid, and thus each will be a partner in the wages of the other. If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own responsibility, and each would be responsible for the payment of its price, but would share the profit which they earn from that commodity, that partnership is not valid. However, if each of them makes the other his agent, authorising that whatever one purchases on credit, the other will be a partner in it, which means that he and his partner are responsible for the debt, then they will be considered partners in that commodity.
The persons who become partners under the rules of partnership, must be adult and sane, and should have intention and free volition for becoming partners. They should also be able to exercise discretion over their properties. Hence, if a feeble-minded person who spends his wealth impudently, enters into partnership, it is not in order, because such a person has no right of disposal over his property. If a condition is laid down in an agreement of partnership, that the partner who manages, or does more work than the other partner, or does more important work than the other, will get larger share of the profit, it is necessary that he should be given his share as agreed upon. Similarly, if it is agreed that the person who does not manage, or does not do more work, or does not do more important work, will get larger share of the profit, that condition is also valid and it must be fulfilled. If it is agreed that the entire profit will be appropriated by one person, or the entire loss will be borne by one of them, that sort of partnership is a matter of Ishkal. If it is not agreed that one of the partners will receive more profit, and if the investment of each of them is equal, they must share profit and loss equally. And if their investment is not equal, they should divide the profit and loss in proportion to their capital. For example, if two persons become partners, and the capital of one of them is double the capital of the other, his share in the profit and loss will also be double of the other, irrespective of whether both of them do equal work, or one of them does less work, or does not work at all. If it is laid down in the agreement of partnership, that both the partners will buy and sell together, or each of them will conclude transactions individually, or only one of them will conclude transactions, or a third party will be hired to conclude the transaction, they should act as agreed upon. If it is not specified as to which of the partners will buy and sell with the capital, neither of them can conclude any transactions with that capital without the permission of the other.
The partner who has been given the right of discretion over the capital, should act according to the agreement of partnership. For example, if it is agreed that he will purchase on credit, or will sell against cash payment, or will purchase the property from a particular place, he should act according to the agreement. However, if no such agreement is made with him, he should conclude transactions in the usual manner, and carry on in such a way that no loss is suffered in the partnership. He should not carry any property belonging to the partnership, with him while he is travelling, if that is unusual. If a partner who transacts business with the capital of the partnership, sells and purchases things contrary to the agreement made with him, or concludes transactions in a manner which is not normal, because of the absence of any agreement, the transaction made by him in both the cases will be correct and valid; but if such a transaction results in a loss, or a part of wealth is squandered, then the partner who has acted against the agreement, or the usual norm, will be responsible for the loss. If a partner who trades with the capital of the partnership, does not go beyond the bounds of his authority, nor is he negligent in looking after the capital, yet unexpectedly the entire capital or a part of it perishes, he is not responsible. If a partner who trades with the capital of the partnership, declares that the capital has perished, and if other partners trust him, they should accept his word. But if they do not trust him, they can complain against him before the Mujtahid, who will decide the case according to Islamic laws.
If all the partners withdraw the permission, given by them to one another, for the right of discretion over their respective shares held in partnership, none of them will be allowed the right of discretion over them. And if one of them withdraws the permission accorded by him, the other partners do not have the right of discretion; but one who has withdrawn his permission can exercise his right of discretion over the property of the partnership. If one of the partners demands that the capital invested in the partnership should be divided, others should accept his demand even if the period fixed for the partnership may not have expired yet, except when the division of the capital entails considerable loss to the partners. If one of the partners dies, or becomes insane, or unconscious, other partners cannot continue to exercise right of discretion over investment held in the partnership. And the same rule applies when one of them becomes feeble-minded that is, spends his property without any consideration.
If a partner purchases a thing on credit for himself, its profit and loss belongs to him. However, if he purchases it for partnership, and if the agreement allows credit dealings, its profit and loss belongs to both of them. If the partners conclude a transaction with a joint capital investment, and it transpires later that the partnership was invalid, if the validity of the transaction was not dependent on mutual consent, meaning that, if they had known that the partnership was not valid, they would have still been agreeable to having the right of discretion over the property or stock of each other, the transaction will be considered valid, and whatever is gained or lost from the transaction will be shared by them. But if the partners would not have been disposed to agree to exercise discretion over each others' stock or property had they known that the partnership was not valid, yet they approve the particular transaction, it will be valid - and if they do not, it will be invalid. And in either case, if any partner has worked for the partnership without the previous intention to work gratis, he can collect the wages for his services at the usual rate, considering the percentage of other partners. But if the usual wage is more than his share of dividend, after having agreed to the validity of the transaction, he should take the dividend only.

Sale of Gold and Silver Against Gold and Silver

If gold is sold against gold, and silver is sold against silver, whether it is in the form of coins or otherwise, if the weight of one of them is more than that of the other, the transaction is haraam and void. If gold is sold against silver, or silver is sold against gold, the transaction is valid, and it is not necessary that their weight be equal, but if it is sold on credit or stipulated time, the transaction will be void.
If gold or silver is sold against gold or silver, it is necessary for the seller and the buyer that before they separated from each other, they should deliver the commodity, and its exchange to each other. And if even a part of the thing about which agreement has been made, is not delivered to the person concerned, the transaction becomes void.
If either the seller or the buyer delivers the stock in full as agreed, but the other person delivers only a part of his stock, and they separate from each other, the transaction with regard to the part exchanged will be valid, but the person who has not received the entire stock can cancel the transaction.
If silver dust from a mine is sold against pure silver, and gold dust from a mine is sold against pure gold, the transaction is void, unless one is sure that the quality of silver dust is equal to the quantity of pure silver. However, there is no harm in selling silver dust against gold, or gold dust against silver, as mentioned earlier.

Persons Who Have No Right of Disposal or Discretion Over Their Own Property

A child who has not reached the age of puberty, (bulugh), has no right of discretion over the property he holds or owns, even if he is able to discern and is mature, and the permission of his/her guardian does not apply in this case. However, in those cases where a Na-baligh is allowed to make a transaction, like when buying or selling things of small worth as mentioned in rule 2090, or his testament for his relatives and kinsmen, as will be explained in rule 2706, the right can be exercised. A girl becomes baligha upon completion of her nine lunar years, and a boy is baligh when stiff pubic hair grow, or when he discharges semen, or upon completion of fifteen lunar years.
Growing of stiff hair on the face and above the lips may be considered as signs of bulugh, but their growth on chest and under the armpits, and the voice becoming harsh etc. are not the signs of one's reaching the age of puberty, except that one may become sure of having reached the age of puberty due to these changes.
An insane person has no right of disposal over his property. Similarly, a bankrupt (i.e. a person who has been prohibited by the Mujtahid to dispose of or have discretion on his property because of the demands of his creditors) cannot dispose his property without the permission of the creditors. And a feeble-minded person (Safih) who squanders his property for useless purposes, has no right of disposal or discretion over his property.
If a person is sane at one time and insane at another, the right of discretion exercised by him during his lunacy will not be considered valid.
A dying man in his terminal illness can spend his own wealth on himself, on the members of his family, his guests and on other things as much as he likes, provided that, it is not considered to be extravagance on his part. Also, he can sell his property at its proper value, or hire it. But if he gives away his property as gift, or sells it at a lower price than usual, it will be valid if the property gifted or sold cheap is equal to or less than 1/3 of his estate. And if it is more, it will be valid only if the heirs allow, and if they do not, then whatever he spent in excess of 1/3 of his estate will be considered void.

Individual Obligations, Rights and Self-Interests

In Islam man is charged with certain obligations toward his Creator, nature, himself and other human beings, all of which are outlined by the shari’ah. When these obligations are fulfilled, certain rights and freedoms, which are also delineated by the shari’ah, are gained. Limitations which are imposed by the shari'ah on the rights and freedom of the individual are in the direction of removing certain negative possibilities from the human life. The obligations, rights and limitations defined by the shari'ah must be observed if the individual and the system are to have an Islamic identity.
Within the framework of the shari’ah, and as a result of the Islamic concept of justice, the individual has the right to pursue his economic interests. Pursuing one's economic interests, within the framework of the shari’ah , is first an obligation and a duty, then a right which no one can abrogate. So long as the individual has the ability, the right of pursuing his economic interests is, concomitantly, extended to him. What is, however, significant is the fact that i f power and ability to pursue one's economic interests is lacking, the responsibility is no longer incumbent upon the person, while his rights are still preserved. II The right to economic benefits is never negated as a result of the lack of the ability of the individual to undertake his duty of pursuing his economic interests. The potential right remains even if a person is unable to actualize it. Conversely, if the person is able but does not perform his obligations, then his rights are abrogated.
According Khan and Mirakhor, In Islam, contrary to popular opinion, self-interest is not negated. Islam, in fact, considers it as a primary factor in its incentive/motivation system; a necessity in any organized society if the individual is to find it utility maximizing to follow behavioural rules prescribed by the system. Provided that self-interest is defined to cover spiritual and temporal, or temporary and eternal, all rules in the shari'ah carry with them their own justification in terms of individual self-interest. It is for his own benefit, material and spiritual, in this world and for his ultimate salvation in the next that the individual is invited to follow the rules of the shari’ah. This is made amply clear by the Qur'an in which all injunctions are generally coupled by the assertion that compliance with them with by the individual is for his own benefit.13 Often the incentive and the rewards, both here and in the hereafter, for compliance and th e retributions for non-compliance are enumerated. It is in pursuit of self-interest that individual obligations and rights as well as the limits to these rights are specified by the shari’ah.

THE JEWS CITY IN ARABIA : Khaybar (2)

Modern historians agree that one reason for Muhammad's decision to attack Khaybar was the need to raise his prestige among his followers, which had been eroded by the Treaty of Hudaybiyya, in March 628. In addition, the Hudaybiyya agreement gave Muhammad the assurance of not being attacked by the Meccans during the expedition.Watt sees the intriguing of the Banu Nadir in Khaybar as the primary motive for the attack. The Banu Nadir had paid Arab tribes to go to war against Muhammad, Watt argues, leaving him little choice but to attack Khaybar. Vaglieri concurs that the Jews were responsible for the coalition that besieged the Muslims in the Battle of the Trench, but suggests that Muhammad's attacks against the Jews, first in Medina and then in Khaybar, had economic roots similar to those which have brought about persecutions and pogroms in other countries in the course of history. The conquest of Khaybar, Vaglieri argues, would enable him to satisfy with ample booty his companions who hoped to capture Mecca and were discontented at the treaty with the Quraysh. Stillman adds that Muhammad needed the victory to show the Bedouins, who were not strongly tied to the rest of the Muslim community, that the alliance with him would pay off. Shibli Nomani, sees Khaybar's alliance with the Ghatafan tribe, which had attacked Muhammad during the Battle of the Trench, as the main reason for the battle. He also draws attention to the actions of Banu Nadir's leader Huyayy ibn Akhtab, who had gone to the Banu Qurayza during the battle to instigate them to attack Muhammad. As war with Muhammad seemed imminent, the Jews of Khaybar entered into an alliance with the Jews of Fadak oasis. They also successfully persuaded the Bedouin Ghatafan tribe to join their side in the war in exchange for half their produce. However, the lack of central authority at Khaybar prevented any further defensive preparations, and quarrels between different families left the Jews disorganized. The Banu Fazara, related to the Ghatafan, also offered their assistance to Khaybar, after their unsuccessful negotiations with the Muslims.

Hazrat Ali slays Marhab.
Before the battle, the people of Khaybar no doubt knew of the war. The Muslims set out for Khaybar in May 628, Muharram 7 AH. According to different sources, the strength of his army varied from 1,400 to 1,800 men and between 100 and 200 horses. Some Muslim women (including Umm Salama) also joined the army, in order to take care of the wounded. Compared to the Khaybarian fighting strength of 10,000, the Muslim contingent was small, but this gave Muslims advantages. It allowed Muslims to swiftly and quietly march to Khaybar, catching the city by surprise. It also made Khaybar over-confident in themselves. As a result, the Jews failed to mount a centrally organized defense, leaving each family to defend its own fortified redoubt. Knowing the outcome of Muhammad's battles with other Jewish tribes, the Jews of Khaybar put up fierce resistance, and Muslims were forced to take fortresses one by one. During the battle, the Muslims were able to prevent Khaybar's Ghatafan allies (consisting of 4,000 men) from providing them with reinforcements. One reason given is that the Muslims were able to buy off the the Bedouin allies of the Jews. Watt, however, also suggests that rumors of a Muslim attack on Ghatafan strongholds might also have played a role. The Jews, after a rather bloody skirmish in front of one of the fortresses, avoided combat in the open country. Most of the fighting consisted of shooting arrows at a great distance. On at least one occasion the Muslims were able to storm the fortresses. There were also some single combats, the most notorious one being between Ali and Marhab, a famed Arab warrior.
The besieged Jews managed to organize, under the cover of darkness, a transfer of people and treasures from one fortress to another as needed to make their resistance more effective. Neither the Jews nor the Muslims were prepared for an extended siege, and both suffered from a lack of provisions. The Jews, initially overconfident in their strength, failed to prepare their water supplies even for a short siege. After the forts at an-Natat and those at ash-Shiqq were captured, there was little resistance. The Jews speedily met with Muhammad to discuss the terms of surrender.The people of al-Waṭī and al-Sulālim surrendered to the Muslims on the condition that they be "treated leniently" and the Muslims refrain from shedding their blood. Muhammad agreed to these conditions and did not take any of the property of these two forts.
Muhammad met with Ibn Abi Al-Huqaiq, al-Katibah and al-Watih to discuss the terms of surrender. As part of the agreement, the Jews of Khaybar were to evacuate the area, and surrender their wealth. The Muslims, would cease warfare, and not hurt any of the Jews. After the agreement some Jews approached Muhammad, with a request to continue to cultivate their fine orchards, and remain in the oasis. In return, they would give one-half of their produce to the Muslims. Muhammad accepted the proposal. He also ordered the restitution to the Jews of their holy scriptures.
According to Ibn Hisham's version of the pact with Khaybar, it was concluded on the condition that the Muslims "may expel you [Jews of Khaybar] if and when we wish to expel you." Norman Stillman believes that this is probably a later interpolation intended to justify the expulsion of Jews in 642.[29] The agreement with the Jews of Khaybar served as an important precedent for Islamic Law in determining the status of dhimmis, (non-Muslims under Muslim rule). After hearing about this battle, the people of Fadak, allied with Khaybar during the battle, sent Muḥayyisa b. Masūd to Muhammad. Fadak offered to be "treated leniently" in return for surrender. A treaty similar to that of Khaybar was drawn with Fadak as well. Among the Jewish women there was one who was chosen by Muhammad as wife. It was Safiyya bint Huyayy, daughter of the killed Banu Nadir chief Huyayy ibn Akhtab and widow of Kinana ibn al-Rabi, the treasurer of Banu Nadir. According to Ibn Ishaq, when Muhammad asked him to locate the tribe's treasure, al-Rabi denied knowing where it was. A Jew told Muhammad that he had seen Al-Rabi near a certain ruin every morning. When the ruin was excavated, it was found to contain some of the treasure. Muhammad ordered Al-Zubayr to torture al-Rabi until he revealed the location of the rest, then handed him to Muhammad ibn Maslamah, whose brother had died in the battle, to be beheaded.
Muslim biographers of Muhammad tell a story that a Jewish woman of the Banu Nadir tribe attempted to poison Muhammad to avenge her slain relatives. She poisoned a piece of lamb that she cooked for Muhammad and his companion, putting especially much poison into the shoulder — Muhammad's favorite part of lamb. The attempt on Muhammad's life failed because he reportedly spat out the meat, feeling that it was poisoned, while his companion ate the meat and died. Muhammad's companions reported that, on his deathbed, Muhammad said that his illness was the result of that poisoning. The victory in Khaybar greatly raised the status of Muhammad among his followers and, local Bedouin tribes, who, seeing his power, swore allegiance to Muhammad and converted to Islam. The captured booty and weapons strengthened his army, and he captured Mecca just 18 months after Khaybar.
The traditional Muslim biographies of Muhammad report that in one of the fortresses, first Abu Bakr, then Umar, took up the standard in the hope of breaking down their resistance, by putting themselves at the head of the attacks, but both failed. According to this tradition, Muhammad then called to his standard-bearer Ali, who killed a Jewish chieftain with a sword-stroke, which split in two the helmet, the head and the body of the victim. Having lost his shield, Ali is said to have lifted both of the doors of the fortress from its hinges, climbed into the moat and held them up to make a bridge whereby the attackers gained access to the redoubt. The door was so heavy that forty men were required to put it back in place. This story is one basis for the Muslim view, especially in Shi'a Islam, of Ali as the prototype of heroes.
One single narration regarding temporary marriage (Arabic: Nikah Mut'ah) that most, but not all Sunnis regard as authentic claim that Nikah Mut'ah was forbidden by Muhammad at this moment. Shi'a view that narration as fabricated. On one occasion, Muslim soldiers killed and cooked a score of donkeys, which had escaped from a farm. The incident led Muhammad to forbid to Muslims the meat of horses, mules, and donkeys, unless consumption was forced by necessity. Muhammad ordered the felling of 400 palms around one fortress to force its defenders to capitulate. Finally, the Jews surrendered when after a month and a half of the siege, all but two fortresses were captured by the Muslims.

THE JEWS CITY IN ARABIA : Khaybar (1)

Khaybar is the name of an oasis some 95 miles to the north of Medina (ancient Yathrib), Saudi Arabia. It was inhabited by Jews before the rise of Islam, and was conquered by Mohammad in 628 A.D.In the 7th century, Khaybar was inhabited by the Jews, who pioneered the cultivation of the oasis and made their living growing date palm trees, as well as through commerce and craftsmanship, accumulating considerable wealth. Some objects found by the Muslims when they entered Khaybar — a siege-engine, 20 bales of Yemenite cloth, and 500 cloaks — point out to an intense trade carried out by the Jews. While in the past some scholars attempted to explain the presence of a siege-engine, suggesting that it was used for settling quarrels among the families of the community, nowadays the common opinion among academics is that it was stored in a depôt for future sale, in the same way that swords, lances, shields, and other weaponry had been sold by the Jews to Arabs. Equally, the cloth and the cloaks must have been intended for sale, as it is not conceivable that such a quantity of luxury goods was kept for the exclusive use of the Jews. The oasis was divided into three regions: al-Natat, al-Shikk, and al-Katiba, probably separated by natural diversions, such as the desert, lava drifts, and swamps. Each of these regions contained several fortresses or redoubts containing homes, storehouses and stables. Each fortress was occupied by a separate family and surrounded by cultivated fields and palm-groves. In order to improve their defensive capabilities, the fortresses were raised up on hills or basalt rocks.
Jews continued to live in the oasis for several more years afterwards until they were finally expelled by caliph Umar. The imposition of tribute upon the conquered Jews of the Khaybar Fortress served as a precedent for provisions in Islamic law requiring the exaction of tribute known as jizya from dhimmis, i.e. non-Muslims under Muslim rule, and confiscation of land belonging to non-Muslims into the collective property of the Muslim community.
For many centuries, the oasis at Khaybar was an important caravan stopping place. The center developed around a series of ancient dams that were built to hold back run-off water from the rain. Around the water catchements date palms grew, and soon Khaybar became an important date producing center. The Jews were exiled from Khaybar in reign of caliph Umar (634-644) for betrayal during the battle of Khaybar. During his caliphate, the Muslims conquered vast territories in the Middle East, bringing to the Arabia large numbers of workers, and the Jewish labor force was no longer necessary. The Jews of Khaybar settled in many areas throughout the Middle East, and they maintained a distinctive identity until the 12th century. In later times, the Jews of Khaybar became popular figures in Arabic folklore. One of the stories went that on the road to Mecca many Jewish tent-dwellers lived in the desert in the neighborhood of many Arabs who robbed everybody passing by. The Jews and the Arabs then had an equal share in the booty. Legends such as this one persisted well into the modern times.
In modern times, Khaybar has inspired an Arabic chant commonly used in demonstrations against Israel. The chant essentially goes, Khaybar Khaybar ya Yahud, jaysh Muhammad sawfa ya‘ud, and the translation is "Khaybar, Khaybar oh Jews, the army of Muhammad will return". Another version is Khaybar, Khaybar ya Sahyun, Hizbullah qadimun "Khaybar, Khaybar you Zionists, Hizbullah is coming".
The Battle of Khaybar was fought in the year 629 between Muhammad and his followers against the Jews living in the oasis of Khaybar, located 150 kilometers (95 miles) from Medina in the north-western part of the Arabian peninsula, in modern-day Saudi Arabia. The Mulims attacked Jews who, having reached agreement with the Muslims and then broken their word, had barricaded themselves in a fort. Contemporary scholars such as Norman Stillman and Laura Veccia Vaglieri believe that one reason for Muhammad's decision to attack Khaybar in order to raise his prestige among his followers, as well as to capture booty to sustain subsequent conquests.[4][5] Furthermore, William Montgomery Watt notes the presence of the Banu Nadir in Khaybar, who were inciting hostilities along with neighboring Arab tribes against Muhammad. They surrendered on condition of paying tribute to Muhammad and giving up all their land to Muslims. According to Stillman, this agreement did not cover the Banu Nadir tribe, which had sought refuge in Khaybar after their expulsion from Medina, and the Muslims beheaded all the men of Banu Nadir, taking the surviving women and children as slaves, and sparing only the lives of the Khaybar Jews.[6] Jews continued to live in the oasis for several more years until they were finally expelled by caliph Umar. The imposition of tribute upon the conquered Jews served as a precedent for provisions in the Islamic law requiring the exaction of tribute known as jizya from non-Muslims under Muslim rule, and confiscation of land belonging to non-Muslims into the collective property of the Muslim community.
In the 7th century, Khaybar was inhabited by the Jews. The inhabitants had stored in a redoubt at Khaybar a siege-engine, swords, lances, shields and other weaponry. While in the past some scholars attempted to explain the presence of the weapons, suggesting that they were used for settling quarrels among the families of the community, nowadays the common opinion among academics is that it was stored in a depôt for future sale.
The oasis was divided into three regions: al-Natat, al-Shikk, and al-Katiba, probably separated by natural diversions, such as the desert, lava drifts, and swamps. Each of these regions contained several fortresses or redoubts containing homes, storehouses and stables. Each fortress was occupied by a separate family and surrounded by cultivated fields and palm-groves. In order to improve their defensive capabilities, the fortresses were raised up on hills or basalt rocks.[4]
In 625, after the defeat in the Battle of Uhud at the hands of the Meccan army, Muhammad besieged and expelled the Jewish tribe of Banu Nadir from Medina. Many of the Banu Nadir found refuge in Khaybar. They understood that Muhammad might attack them again along with the other Jews living in Khaybar. In 627, the Nadir chief Huyayy ibn Akhtab together with his son joined the Meccans and Bedouins besieging Medina during the Battle of the Trench. Although the Banu Qurayza provided the instruments to dig the trench, the Muslims soon afterward besieged the Banu Qurayza. Upon surrender, all the men of the Banu Qurayza were killed, while their women and children were enslaved.
Huyayy ibn Akhtab and his son who unsuccessfully attempted to recruit them to join the fight were also killed at that time.[citation needed] After the death of Huyayy, Abu al-Rafi ibn Abi al-Huqayq took charge of the Banu Nadir at Khaybar. Al-Huqayq soon approached neighbouring tribes to raise an army against Muhammad. After learning this, the Muslims, aided by an Arab with a Jewish dialect, assassinated him.
Al-Huqayq was succeeded by Usayr ibn Zarim. It has been recorded by one source [13] that Usayr also approached the Ghatafan and rumors spread that he intended to attack the "capital of Muhammad". The latter sent Abdullah bin Rawaha with a number of his companions, among whom were Abdullah bin Unays, an ally of Banu Salima, a clan hostile to the Jews. When they came to him they spoke to him and treated him saying that if he would come to Muhammad he would give him an appointment and honour him. They kept on at him until he went with them with a number of Jews. Abdullah bin Unays mounted him on his beast until when he was in al-Qarqara, about six miles from Khaybar, Usayr changed his mind about going with them. Abdullah perceived his intention as he was preparing to draw his sword so he rushed at him and struck him with his sword cutting off his leg. Usayr hit him with a stick of shauhat wood which he had in his hand and wounded his head. All Muhammad's emissaries fell upon the thirty Jewish companions and killed them except one man who escaped on his feet. [14] Abdullah bin Unays is the assassin who volunteered and got permission to kill Banu Nadir's Sallam ibn Abu al-Huqayq at a previous night mission in Khaybar.

Conditions Regarding the Property Given on Lease

The property which is given on lease, should fulfil certain conditions:
(i) It should be specific. Hence, if a person says to another: "I have given you one of my houses on lease", it is not in order.
(ii) The person taking the property on lease should see it, or the lessor should give its particulars in a manner which gives full information about it.
(iii) It should be possible to deliver it. Hence, leasing out a horse which has run away, and the hirer can not possess it, will be void. However, if the hirer can manage to get it, the lease will be valid.
(iv) Utilisation of the property should not be by way of its destruction or consumption. Hence, it is not correct to give bread, fruits and other edibles on lease for the purpose of eating.
(v) It should be possible to utilise the property for the purpose for which it is given on lease. Hence, it is not correct to give a piece of land on lease for farming, when it does not get sufficient rain water, and is also not irrigated by canal water.
(vi) The thing which a person gives on lease should be his own property, and if he gives the property of another person on lease, it will be correct only if its owner agrees to it.
It is permissible to give a tree on lease for utilising its fruit, although fruit may not have appeared on it yet. The same rule applies if an animal is given on lease for its milk.
A woman can be hired for her milk, and it is not necessary for her to obtain her husband's permission. However, if her husband's right suffers owing to her giving milk (to the child of another person), she cannot take up the job without his permission

THE FAMOUS MARKET PRE-ISLAMIC : OKAZ

In pre-Islamic times, Taif was home to the most famous of annual fairs anywhere on the Arabian peninsula. The Suq Okaz took place on what is now a rolling desert plain north of Taif. This fair occurred during the first 20 days of Dhu Al-Qadah, the eleventh month of the year. During Dhu Al-Qadah, Dhu Al-Hajjah and Muharram — respectively the eleventh, twelfth and first months of the year — as well as Rajab, the seventh month of the year — all warfare and raiding was banned. This allowed the residents and merchants of the region the necessary security to travel. Traders brought goods via camel and donkey to the Suq Okaz. Bedouin crafts such as rugs, camel-hair tents, sheepskins, pottery, tools, jewelry, perfumes, produce and spices were sold. Included in this colorful spectacle of the souq were poets and singers who came to participate in contests of their talents. According to Saudi archaeologists who have studied the area, it is believed that the Suq Okaz lasted until sometime around 760 AD.
OKAZ is the most famous ancient market in the Arabian Peninsula. It got its name from what Arabs used to do there — they bragged about their own achievements and ancestors. The market is first recorded in 500 B.C. The Quraish, a famous Arab tribe to which the Prophet Muhammad (pbuh) belonged came up with the idea of having a place where Arabs could gather and be united against any enemies. They selected the location at Okaz, between the two famous cities of Makkah and Taif. The place is called Al-Athdia, and the market began when pilgrims arrived in Makkah and went on for four months. The Arabs had specified those particular months during which they agreed that they would not use weapons or initiate wars. To them, this was a good idea since it would guarantee a safe environment for trading and other activities.
In comparison to modern malls, the Okaz market did not only offer goods for sale. Visitors had many things to do besides shopping. They challenged each other to see who could make the best Arabic poems; they boasted the achievements of their tribes and they also attempted to settle inter-tribal disputes and disagreements. Since the market offered so many cultural activities it helped to preserve and protect the Arabic language, helped to produce fine poems and encouraged talented poets to produce more.
The Prophet Muhammad (pbuh) visited the market for seven seasons and he attempted to tell the Arabs about Islam. Subsequently, people stopped going there and in fact, it was not known for sure exactly where the market was. King Faisal ibn Abdul Aziz ordered specialists and scientists to identify the location by looking back at ancient records and historical documents. The location of Okaz was finally located — near Taif in a place known as Al-Athdia.
After 1300 years the market is going back to operate again this year. It is witnessing a revival as the Governor of Makkah, Prince Khalid Al-Faisal, the son of King Faisal, has officially opened it and the government has planned a number of activities there. The events will last for 7 days and will include the sale of different goods and materials, both traditional and modern. There are also old Arabic poems written in gold and posted for visitors to see, along with an songs sung by famous Arab singers.
The market includes a special area for selling traditional food and has a location for children’s activities. Men can enjoy cultural events taking place in different tents, while women can also enjoy activities in a tent assigned to them. There are also handicrafts and perfumes made from the famous flowers of Taif. The tents where the activities take place bear the names of the most famous Arab poets during the pre-Islamic and Islamic periods. Among the names is Al-Nabiga Al-Dubiani who used to judge the poems presented in Okaz, Hassan ibn Thabit who used his poetic talents to protect Islam and praise it, and Al-Khansa, a Muslim woman poet who was well known for her fine elegies.

The Fuctions of Souq

According Nabil Sultan, Chairman of the Muslim Cultural Festival of Liverpool, the notion of Souq (Bazaar) in many of people’s minds is likely to evoke images of a crowded and narrow-passageways market place where colourful cultural goods of all kinds are on display in an atmosphere filled with aromatic scents emanating from the burning of incense and other exotic air-freshening products on sale. In fact, this is probably typical of many traditional souqs in the Middle East today. Souq comes from the Arabic word for a traditional market and word Bazaar is its Persian equivalent.

Moreover, as well as being trade centres for selling a variety of goods, some tended to specialise in certain commodities. For example, the Egyptian Bazaar (also known as the Spice Bazaar) in Istanbul (Turkey) was largely used in the past for marketing spices, mainly from Egypt. Many of the goods on sale today in this market are still spices, a mighty selection of them.

In many cultures (including Islamic) souqs – throughout history – served vital economic and commercial purposes within local communities. However, in pre-Islamic and post-Islamic Arabia seasonal souqs played a much greater role. Souq Okadh, for example, which was held annually at a location close to Mecca, attracted merchants, shoppers and tribal dignatories from a much wider geographical area. However, this souq served many other significant purposes e.g. social, political and artistic. The Prophet Mohammad used it briefly (and unsuccessfully) when he started to spread his message of Islam and had to endure the insults of many people, not least his uncle (Abu Lahab) who used to follow him and urge his listeners not to believe him. Some tribes used the souq to disown some of their tribal members as a way of punishment, some used it to seek justice by appealing to others (often people of power) to help them force their debtors to repay their debts. Others used the event to find beauty and seek to get engaged or get married. Most interestingly, the souq was a magnet for orators and poets and this factor became (largely) the source of much of its fame then and for hundreds of years afterwards.

There were many other souqs at the time but, by far, Okadh was the most famous. The only other famous souq that inherited Okadh’s artistic reputation was the souq of Merbad which was located in today’s Basra in Iraq. The souq flourished during the Umayyad Khalifate (which began shortly after the Prophet Mohammad’s death) and was the scene of fierce competitions between two that era’s most prominent poets: Jarir and Al-Farazdaq.

The Arts Souq (Bazaar) of Liverpool (which we are hoping will become an annual event in Liverpool and evidence of its cultural and artistic heritage) is seeking to resurrect the idea that souqs (while useful commercial venues) can also serve many other important aesthetic and educational purposes.

The timing of this Arts Souq (Bazaar) is also significant. It is held immediately after the fasting month of Ramadan and falls within the festivities period of Eid Al-Fitre (the Muslim Festival) that follows immediately after Ramadan. This period (the month of Dhol-Q'ada) is one of four months considered to be the most revered (and peaceful) in both the Islamic and pre-Islamic calendars. Souq Okadh was traditionally held during one those months where arms conflicts were strictly prohibited. This atmosphere of local and regional peace was vital for its success and popularity at that time.

THE ANCIENT BAHRAIN

During the emergence of Islam in the sixth century (until early in the sixteenth century) Bahrain referred to the wider historical region of Bahrain stretching on the Persian Gulf coast from Basrah to the Strait of Hormuz. This was Iqlīm al-Baḥrayn, i.e. the Province of Bahrain, and the Arab-Iranian inhabitants of the province were descendants of the Arab tribe Bani Abd al-Qais. This larger Bahrain comprised three regions: Hajar (present day Al-Hasa in Saudi Arabia), Al-Khatt (present day Al-Qatif in Saudi Arabia) and Awal (present day Bahrain). The name Awal remained in use, probably, for eight centuries. Awal was derived from the name of an idol that used to be worshipped before Islam by the inhabitants of the islands. The centre of the Awal cult was Muharraq.

Bahrainis were amongst the first to embrace Islam. Mohammed ruled Bahrain through one of his representatives, Al-Ala'a Al-Hadhrami. Bahraini embraced Islam in 629 (the seventh year of hijra). Al Khamis Mosque, founded in 692, was one of the earliest mosques built in Bahrain, in the era of Umayyad caliph Umar II.

The expansion of Islam did not affect Bahrain's reliance on trade, and its prosperity continued to be dependent on markets in Mesopotamia. After Baghdad emerged as the seat of the caliph in 750 and the main centre of Islamic civilization, Bahrain greatly benefited from the city's increased demand for foreign goods especially from China and South Asia.

Bahrain became a principal centre of knowledge for hundreds of years stretching from the early days of Islam in the sixth century to the eighteenth century. Philosophers of Bahrain were highly esteemed, such as the 13th Century mystic, Sheikh Maitham Al-Bahrani (died in 1299). (The mosque of Sheikh Maitham together with his tomb can be visited in the outskirts of the capital, Manama, near the district of Mahooz).

Buyyid dynasty of Iran, reunited much of the country including Bahrain, after controlling Abbasid caliphs at Baghdad, and remained part of Iranian realm until 1522 when Portuguese invaded the Island and overthrown the Governor called Jaboor. In 1602 at the time of soaring power of Safavid dynasty, Iranian forces defeated Portuguese in ports and islands of Hormoz and expelled them from Bahrain and reunited the islands with the mainland once again.[5]

During this period Bahrain was administered by the tribes of Iranian origin of “Havāleh” in Zebāreh In northern of Qatar Peninsula, when Zebareh was herself under the rule of Government of Fars. Towards the end of Safavid periods though Zebareh Government was ruled namely by Iran, but mostly it was an obstinate and inattentive Government to the centre.

Circumstances in Which One Has a Right to Cancel a Transaction

The right to cancel a transaction is called Khiyar. The seller and the buyer can cancel a transaction in the following eleven cases:
(i) If the parties to the transaction have not parted from each other, though they may have left the place of agreement. This is called Khiyarul majlis.
(ii) If the buyer or the seller has been cheated in a sale transaction, or in any other sort of deal, either of the parties has been deceived, they have a right to call off the deal. This is called Khiyar of Ghabn. This Khiyar stems from the fact that each side in any deal wishes to ensure that he does not receive less than what he has given, and if he has been cheated, he should have the right to back out. But if one has in mind that if he is given less than what he has delivered, or is paid less than what he deserves, he will ask for the difference, he should first demand the difference before cancelling the deal.
(iii) If while entering into a transaction, it is agreed that up to a stipulated time, one or both the parties will be entitled to cancel the transaction. This is called Khiyarush Shart.
(iv) If one of the parties presents his commodity as better than it actually is, and thereby attracts the buyer, or makes him more enthusiastic about it. This is called Khiyar tadlis.
(v) If one of the parties to the transaction stipulates that the other would perform a certain job, and that condition is not fulfilled. Or if it is stipulated that the commodity will be of particular quality, and the commodity supplied may be lacking in that quality. In these cases, the party which laid the condition can cancel the transaction. This is called Khiyar takhallufish shart.
(vi) If the commodity supplied is defective. This is called Khiyarul 'aib.
(vii) If it transpires that a quality of the commodity under transaction is the property of a third person. In that case, if the owner of that part is not willing to sell it, the buyer can cancel the transaction, or can claim back from the seller the replacement of that part, if he has already paid for it. This is called Khiyarush shirkat.
(viii) If the owner describes certain qualities of his commodity which the buyer has not seen, and then the buyer realises that the commodity is not as it was described, the buyer can rescind the deal. Similarly, if the buyer may have seen the commodity sometimes back, and purchases it thinking that the qualities it had then will be still existing, and if he finds that those qualities have disappeared, he has a right to cancel the deal.
(ix) If the buyer does not pay for the commodity he has bought for three days, and the seller has not yet handed over to him the commodity, the seller can cancel the transaction. But this is in the circumstance when the seller had agreed to allow him time for deferred payment, without fixing the period. And if the seller had not at all agreed on deferred payment, he can cancel the transaction at once, without any delay. And if he had allowed him more than three days' credit, then the seller cannot rescind the deal before the termination of three days. If the commodity is perishable, like fruits, which would perish or decay if left for one day, and the buyer without any prior condition, does not pay till nightfall, the seller can cancel the transaction. This is called Khiyarut ta'khir.
(x) A person who buys an animal, can cancel the transaction within three days. And if a person sold his commodity in exchange for an animal, he can also cancel the transaction within three days. This is called Khiyarul haywan.
(xi) If the seller is unable to deliver possession of the thing sold by him, like, if the horse sold by him runs away and disappears, he can cancel the transaction. This is called Khiyarut ta'azzurit taslim.
If a buyer does not know the price of the commodity, or was unconcerned about it at the time of purchase, and buys the thing for higher than usual price, he can cancel the transaction if the difference of price is substantial, and if the difference is established at the time of abrogation. Otherwise, the buyer cannot cancel the deal. Similarly, if the seller does not know the price of the commodity, or was headless about it at the time of selling, and sells the thing at a cheaper price, he can cancel the deal if the difference is substantial and if other conditions mentioned above obtain. In a transaction of "Conditional sale", for example, a house worth $2000 is sold for $1000, and it is agreed that if the seller returns the money within a stipulated period, he can cancel the transaction, the transaction is in order, provided that the buyer and the seller had genuine intention of purchase and sale.
In a transaction of "Conditional sale", if the seller is sure that even if he did not return the money within the stipulated time, the buyer will return the property to him, the transaction is in order. However, if he does not return the money within the stipulated time, he is not entitled to demand the return of the property from the buyer. And if the buyer dies, he (the seller) cannot demand the return of the property from his heirs. If a person mixes inferior tea with superior tea, and sells it as a superior tea, the buyer can cancel the transaction.
If a buyer finds out that the thing purchased by him is defective, like, if he purchases an animal and finds that (after purchasing it) it is blind of an eye, and this defect existed before the transaction was made, but he was not aware of it, he can cancel the transaction and return the animal to the seller. And if it is not possible to return it, for example, if some change has taken place in it, or it has been used in such a manner that it cannot be returned, the difference between the value of the sound property and the defective property should be assessed, and the buyer should get refund in that proportion of the amount paid by him to the seller. For example, he has purchased something for $4 and finds out that it is defective. Now the price of the thing in perfect, faultless state is $8 and that of deficient is $6, the difference between these two prices will be assessed at 25%. The buyer will be paid 25% of what he actually paid, and that will be one dollar.
If a seller comes to know that what he received in exchange for his property is defective, and that defect was present in it before the transaction, but he was not aware of it, he can cancel the transaction, and can return it to its owner. And if he cannot return it due to change or disposal having taken place, he can obtain the difference between the faultless and the defective thing, according to the above mentioned rule.
If a defect takes place in the property after concluding the transaction, but before delivering it, the buyer can cancel the transaction. Similarly, if some defect is found in what is taken in exchange for the property, after concluding the transaction but before delivering it, the seller can cancel the transaction. But if both sides wish to settle by taking the difference between the prices, it is permissible, if returning of the articles involved is not possible.
If a person comes to know about the defect after concluding the transaction, it is necessary for him to cancel the transaction at once; and if he delays for unusually long time, he cannot cancel the transaction. Of course, various circumstances must be taken into consideration for the delay. If a person comes to know about the defect in a commodity after purchasing it, he can cancel the transaction even if the seller is not present. And the same order applies to all transactions involving the options.
In the following four cases the buyer cannot cancel the transaction because of defect in the property purchased by him, nor can he claim the difference between the prices:
(i) If at the time of purchasing the property, he is aware of the defect in it.
(ii) If he does not object to the defect in the property.
(iii) If at the time of concluding the contract, he says: "Even if the property has a defect I will neither return it nor claim the difference between the prices".
(iv) If at the time of concluding the contract, the seller says: "I sell this property with whatever defect it may have". But, if he specifies a defect and says: "I am selling this property with this defect", and it transpires later that it has some other defect as well, which he did not mention, the buyer can return the property due to that defect, and if he cannot return it, he can take the difference between the prices.
If a buyer knows that there is a defect in the property, and after taking possession of it another defect appears in it, he cannot cancel the transaction, but he can take the difference between the prices of the defective and the faultless property. But, if he purchases a defective animal, and before the expiry of the period of Khiyar (i.e. option to cancel a transaction) which is three days, another defect appears in the animal, the buyer can return it, even if he may have taken delivery of it. And if only the buyer was given the option to cancel the deal within a fixed period, and another defect appears in the animal during that period, the buyer can cancel the transaction, even if he may have taken delivery of the animal. If a person owns some property which he himself has not seen, but another person has described its particular to him, and he mentions the same particulars to the buyer and sells the property to him. Later on, he learns after selling that the property was better than what he knew about it, he can cancel the transaction.