The Study of the Transaction of Smuggled Goods Viewed as a Cause of Disordering the Ruling System

In addition to having an individualistic nature, the Islamic fiqh has a social nature as regards to rulership and managing a society. Contracts of smuggled goods which shatter the Muslim market are, in fact, a damage to the Muslim community and its economic system. This article seeks to cast light on the positive and imperative rules regarding the transaction of smuggled goods. Beginning with an introducti0n, the article goes on to make clear the concept of ‘smuggling’ and expounding the positive and imperative rules of transactions of smuggled goods and finally comes to explain the reasons given for the two kinds of mentioned rules. Imperative rules of buying and selling the smuggled goods, the unlawfulness and the good reasons such as disordering the ruling economic system, violations of governmental agreements and contracts, the principle of ‘causing loss and damage is prohibited in Islam’, the principle of ‘the legal rejection of any dominion or rule by the faithless over the faithful [Muslims], and the [denial of] contributing sin and transgression are clear instances of the imperative rules. Regarding the instances of positive rules, the article makes mention of cases of unlawful transactions, fiction of veracity (correctness), the principle of contractual freedom and the lawgiver’s permission to intervene transactions.