Trade Licence



Among the baatil ‘rights’ which the liberal Molwis have legalized and claimed to be valid commodities of sale is a trading licence granted by the kuffaar or fussaaq authorities. Their argument is that a trading licence is a right acquired from the governmental/municipal authorities. This ‘right’ is registered by the government, and the licence allows a person to trade. Frequently the licensee sells his licence to another person.



The liberal Molwis argue that since there is benefit in this licence, hence its selling and buying are permissible. The same stupid argument they have put up for the sale of a trade name is presented for the erroneous opinion of the permissibility of selling a trade licence. Another ‘daleel’ for this ‘permissibility’ is ‘urf’ or the general practice of the people. The question of Urf will, Insha’Allah be dealt with in a separate treatise. The liberal Molwis have created considerable confusion on this issue. In fact, they have effectively made Urf the abrogator of any law of the Shariah. The need is for a detailed refutation which will be issued if Allah Ta’ala grants us the taufeeq and the means. The same explanation pertaining to intifaa’ on the question of trade name applies here. Intifaa’ (gaining benefit) does not transform an abstract thing into maal (tangible, tradable commodity).



There is a fundamental difference between a trade name and a licence to trade, which makes the latter reprehensible and haraam. A trade name and a trade mark are Mubaahul Asl, i.e. permissible. Everyone has the right to adopt any permissible name for his business. He does not have to pay anything for availing himself of this inherent right, and no one and no authority have the right to debar him from this right. While it is his right to adopt a trade name/mark, he has no right of selling it. This has already been explained.

In contrast, a licence to ‘allow’ people to trade, is a device of zulm (oppression). It is every person’s inherent right to set up shop and trade in all lawful products and in any place of his desire provided, of course, that no dharar (harm) is caused to anyone, i.e. real harm e.g. trading on a plot of ground without the consent of its owner or setting up a stall in a public thoroughfare, thereby hampering the movement of people.

The Shariah has given every person the right to trade. He does not require permission from the government or municipality to trade. Prohibiting a person from trading because he has no ‘licence’ is zulm and haraam. A licence is a worthless scrap of paper which is an instrument of oppression and injustice.



To sell this scrap of zulm paper is haraam. It is firstly, not even a right. Secondly, it is an instrument of zulm. Thirdly, it is not maal. Its sale is more repugnant than selling a trade name. Fourthly, the intifaa’ or gaining monetary benefit by selling the licence, is also haraam. Even this baseless ‘right’ of zulm has been legalized by the liberal Molwis.



Import/Export Permits



The liberal Mowis have also legalized this instrument of zulm. It is the Mubaahul Asl right of every person to import and export goods in the pursuance of his rizq and wealth. A government has no authority to debar anyone from this lawful inalienable right granted to people by the Shariah. These permits are haraam instruments and scraps of paper which are not maal in Islam.



As far as the contention of intifaa’ (deriving benefit) with these instruments of oppression is concerned, such ‘intifaa’ is haraam, i.e. the gain derived from selling the instrument of zulm. It is not permissible to earn money by perpetuating injustice and oppression. If one has no use for the permit, have it cancelled, or if another Muslim could be assisted without creating problems for oneself, aid him with the permit for the pleasure of Allah Ta’ala and for the wonderful manfa-at of Thawaab in the Aakhirah. Money may not be charged for this device of zulm.

The aforementioned ruling of hurmat (prohibition/being haraam) applies to all similar imaginary rights, benefits and permits which are the products of the western system of economics.



Goodwill



Goodwill is termed Haqq-e-Ijaarah by the liberal Molwi who so ardently espouses the cause of copyright and all the other baatil ‘rights’ in vogue in this age. Haqq-e-Ijaarah means ‘the right of leasing’ which according to the liberal Molwi Saheb is the right which the occupying tenant or the owner of the building has. A person who wishes to occupy the premises may pay the existing tenant a sum of money to vacate. Or the owner of the building may charge a sum of money, apart from the monthly rental, for granting occupancy.

These forms of goodwill have also been legalized by the liberals on the basis of prevalent custom (urf) an isolated example in Shaami, and juggling with some principles of the Shaafi and Hambali Math-habs. We have already made reference earlier to this baseless and haraam riba charge.



According to the Shariah, the existing tenant has absolutely no right to charge any money for vacating. He occupies another person’s property for which he pays rents. If he no longer has use for the premises, or his lease has expired and he has no intention of renewing it, he has to vacate. The ‘goodwill’ he charges to vacate comes fully within the purview of the definition of riba: “Riba is every excess which does not have an iwaz (material commodity) as its equivalent.”



This is the Shar’i definition of riba which fully applies to the baatil so- called Haqq-e-Ijaarah. The liberal Molwi has painstakingly laboured and meandered through a mire of technicalities, sampling every Math- hab, to conjure up his ‘fatwa’ of permissibility for this haraam riba levy. Similarly, the ‘goodwill’ charged by the owner of the property, is also riba, plain and simple. The reward or lawful gain of the owner is the rent the tenant pays. It is haraam to encumber the tenant with the haraam riba charge baselessly designated Haqq-e-Ijaarah.