Let it first be noted that the shariat is concerned much more with trade, taxation and distribution of wealth than it is with the organisation and processes of production. “Praiseworthy is the merchant who is truthful, honest and reliable, he who weighs and measures correctly and is selling with the same weight at claimed or displayed.”
Laws requiring accuracy in business dealings must practically be enforced. There should also be laws to ensure truth in advertising; exaggerative or otherwise misleading advertisements must be forbidden. The shariat requires that contracts of purchase and sale to be written down and signed not only by the parties concerned but also by witnesses. These signatories should be acting of their own free will and they should be mature and sane enough to understand the agreement that is being made. Thus as a general rule, minors may not make or be a witness to contracts.
Once a contract has been “signed, sealed and delivered,” it cannot be repudiated unilaterally. Needless to say, its object must be lawful; Muslims cannot agree to sell grapes to win makers, or supply weapons to the murderers. This has already been taken care of by the existing law and the shariat with regard to these matters is honoured.
HARIS RIZWAN
Karachi
