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Tuesday, March 10, 2009

Street Vendor and Fiqh Muamalah

A participant in pengajian (religious learning circle) asked a simple, but important, question. What is the relationship between religion and street? God is worshipped in mosque, while people work for their life in the street, market etc. I did not answer the question immediately and ask for one-week postponement. The following week I changed the topic from fiqh ibadah (knowledge related with rites to God) with fiqh muamalah (religous knowledge related with relationship rules among the poople), in which all right and duty of people arise due to their mutual interconnection or transaction. When it came to discussion about right of common people on street (haqqul irtiqaq, haqqul murur, etc), the participant, who asked me the question, said that he never heard any religious teaching such what I told him. (What a pity!)


Many people are not aware that Islam regulate all aspect of their life, from their early day activity until they go to bed in the night. A good muslim is the one who always tries to know whether their life is in accordance to Islam. Such awareness is important, since anything that is contrary to Islam may harm their life. A teaching in Islam says that a deed by a person in contradiction with Islamic tenet will cause a sin, and the sin will cause a negative reward from God, not only in the hereafter, but also in this wordly life. (In Hindus, this is known as karma).
Only few people who understand that Islam also regulates social aspect, not only individual matter like prayer, zakah (religious tax) and hajj (pilgrimage to Mekkah). That is why many Muslims do not care for other's right when they do anything for their own interests. Many street vendors who use pavement as selling spot, are muslims; and they are not aware that they violate basic fiqh muamalah principle, namely haqqul murur. Its principle rules say that anyone who want to utilize public property for himself should have a permission from the authority, since it is a property of whole people which is authorised to government in order to manage them. Many street vendors will not do so since they will be denied defenitely. They can easily open their stall because they can bribe local staff for the purpose. When the area is cleared for the origional purpose, pavement or walking path, they will resist hardly as they can, because they feel that they already "rent the place" from the local staff. They will only move from there if they are paid certain amount as the compensation. What a strange!


Continued.....

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