With their meandering and laborious arguments centring on the definitions of the Fuqaha and by flitting selectively from one Math-hab to the other the liberal Molwis have distorted the true meanings of the principles which the illustrious Fuqaha had evolved on the basis of the Qur’aan and Hadith. Stemming from the confusion of their devious meanderings, is the grave misunderstanding that according to the Shaafi, Maaliki and Hambali Math-habs, the sale of copyrights, patency rights, trade names, import/export permits, trade licences and the like of zulm and jahiliyyah ‘rights’ and ‘benefits’ are permissible.



This misunderstanding is structured on the premiss of the definition of maal in terms of the other three Math-habs. In this definition, non- physical things can also come within the scope of tradable commodity, e.g. valid rights.



However, it is necessary to understand that inspite of this definition of maal, the aforementioned list of imaginary and zulm rights and benefits is not maal even according to the other three Math-habs. The liberal Molwis should first prove that copyrights, patency rights, licences, permits and similar other haraam instruments of oppression are valid and lawful huqooq and, manaafi’ according to the other Math-habs. It is insufficient for their contention to merely present the definition of maal according to the three Math-habs and arbitrarily justify their hypothesis which is a pure groundless argument.



SALE OF RIGHTS



“The sale of huqooq (rights) is meaningless (baseless – baatil). It is devoid of reality. Huqooq are not saleable commodities. Huqooq have no price. All of this (i.e. the arguments to substantiate the validity of the baseless sale of rights) is due to ignorance. When ignorant people en- gage in such (baseless) ex- ercises, it is not surprising. But when those who are supposedly learned indulge in such exercises, then it is truly surprising.”

(Hakimul Ummat Maulana Ashraf Ali Thanvi – (rahmatullahi alay)