Fiqh of Transactions Part 03

Fiqh is divided into two parts based on the nature of the acts concerning the obligated person:

1. Fiqh of Worship

2. Fiqh of Transactions

Reason for This Division:

Allah has set laws and clarified rulings, and these laws and rulings include matters related to worship, such as prayer, zakat, fasting, and Hajj, as well as matters related to people's transactions with one another, such as buying and selling, leasing, giving gifts, and more.

Regarding the relationship between the servant and their Lord, scholars have considered this as worship, while transactions between people are considered as dealings.

In fiqh, we have two main topics:

1. For acts of worship.

2. Related to transactions.

• Worship:

- Some acts of worship are related purely to the body, such as prayer and fasting.

- Some acts of worship are related purely to wealth, such as zakat.

- Some acts of worship involve both the body and wealth, such as Hajj.

• Transactions:

- A: Transactions related to money.

- B: Transactions related to marriage and divorce, and the issues arising from them.

- C: Transactions related to crimes, which can be:

Crimes against oneself, such as suicide (punishment in the hereafter) or attempted suicide, or crimes related to the mind such as the prohibition of alcohol and intoxicants: the legal punishment for drinking alcohol.

1. Crimes against others, such as:

2. Crimes against individuals, such as murder and its punishment of Qisas.

3. Crimes that cause harm or damage to another person’s body.

4. Crimes against the honor of others and their rulings, such as adultery, rape, and false accusations of chastity, and their limits.

5. Crimes related to the property of others, such as theft snatching, stealing and the punishment of cutting off the hand.

- D: Transactions related to disputes and resolving them, which pertains to the judiciary, and then the etiquette of the court council, decision-making, listening to arguments, and prioritizing them if they are conflicting, as well as other matters related to the judiciary.

All scholars agree that Fiqh of Worship takes precedence over Fiqh of Transactions, meaning that the focus begins with prayer, zakat, fasting, and Hajj before addressing buying, selling, and other transactions.

Reason for This:

Allah has clarified in His book that He created human jinn beings solely to worship Him. Since pure worship was the purpose of creating people, such as prayer and zakat, focusing on it was more important and giving it priority was more obligatory.

As for transactions, they only become acts of worship if intended as such. If someone engages in buying and selling, their transaction does not become worship unless they intend it to be for the sake of drawing closer to Allah.

Accordingly, since the primary objective is worship, scholars and hadith scholars have unanimously preferred the chapters of worship over the chapters of transactions.