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Chapter 20: Reliance On The 'Muslim Market'

The 'principle of validity' (see chapter 3) outlined the basis upon which communities rely on the reports, conduct and transactions of practising Muslims, with regard to religious requirements of 'purity', 'permissibility' and 'acceptability' having been met.

The principle of reliance on the Muslim market examines the standing that 'Muslim markets' have in regard to Islamic legal requirements being met, their acceptance by the community and the consequential assumptions made vis-a-vis the market's trade and business dealings.

Should the clientele of a Muslim market assume that all meats on sale are from animals slaughtered in accordance with shari’ah? That all leather goods displayed are from halal slaughtered beasts? That all beverages offered are free of impurities? That all the goods available have been lawfully acquired and are legally authorized to be sold?

The answer to such questions is that all business conducted within a Muslim market is considered to be 'in line' with shari’ah.

Imagine how onerous life would be if every Muslim customer had to check every tradesperson - butcher, baker, restaurateur, cafe owner, etc. As Imam al-Sadiq (‘a) expressed it, 'If you do not rely on this principle no transaction would ever be possible or valid'1

The Basis Of This Principle

From Ahadith

  1. Shaykh Al-Tusi narrates that when Al-Halabi consulted Imam al-Sadiq (‘a) on the suitability of slippers sold in the market he (‘a) said, 'You may wear them while you offer prayer unless you are certain that the pair you bought was made from a non-halal slaughtered beast.'2

  2. Shaykh Al-Tusi also narrates that when Ahmad Ibn Muhammad Ibn Abi Nasr asked Imam al-Sadiq (‘a) if a fur garment - bought in the market without knowing if the creature had been slaughtered according to shari’ah - could be worn during prayer, the Imam (‘a) told him that there was no need to investigate the matter because Islam does not cause anything to be a hardship.3

The sole reason why no investigations are made about a creature's slaughter is because, being reliant upon the Muslim market, we need to presume that its conduct is undertaken in the appropriate manner.

  1. Shaykh Al-Tusi also narrates that when Ahmad Ibn Muhammad Ibn Abi Nasr asked Imam al-Rida (‘a) if leather slippers - bought in the market without knowing if the creature had been slaughtered according to shari’ah - were suitable for use during prayer, the Imam replied (‘a), 'I buy my slippers from the market, sometimes specially made for me, which I use during prayer without carrying out any investigations.'4

Common Practice

Examination of the manner in which the Prophet (S) and error-free Imams (‘a) availed themselves of the services of the Muslim market reveals that they did not investigate the claims its tradespeople made - indeed, no record exists of them having done so. That the common practice of righteous Muslims was accepted by Allah's Messenger (S) indicates that we too must accept that the Muslim market works within the rules laid down by shari’ah - unless there is clear evidence to the contrary.

This principle is clearly the counterpart to the already discussed principle of validity.

Ambiguous Circumstances

It is unconsciously assumed by consumers within Muslim majority countries that franchised outlets of global brands manifest Muslim market characteristics - reliance upon which is the general rule. It follows that they believe the products sold by them to be halal.

However, as entrepreneurial eyes, focused upon the generation and accumulation of wealth, are not necessarily concerned with the requirements of shari’ah, the anomalous existence of international outlets in Muslim majority lands results in ambiguity. Such ambiguous circumstances are an exception to the above rule and need clarification.

  • 1. See Al-Kafi Vol. 7, p. 387.
  • 2. Tahzeeb al-Ahkam Vol. 2, p. 234 & Wasa'il al Shi’ah Vol. 3, p. 490.
  • 3. Wasa'il al Shi’ah Vol. 3, p. 491.
  • 4. Wasa'il al Shi’ah Vol. 3, p. 492.