QADHA (MAKING UP) CONCEPT IN ISLAMIC LAW OF OBLIGATIONS
Some consequences of non performance of an obligation or a prayer is evaluated under the title of Qadha (Making Up). Qadha appears in a lot of acts with its cause and effects.
Qadha is to get out of an obligation by giving the same thing or an equivalent one as what is retained is someone else’s right. Equivalent property about qadha means the property having interchangeable identical features without any price difference. Qyemy property is something either which does not have similar one in market or its price is different. Usurpation which is one of the reasons of qadha is ending a property’s possession by seizing openly a property having an economical value without prior permission. Destruction is damaging someone else’s property unlawfully causing a compensation responsibility.
Property consists of two entities. These are interests which are afforded by using property and thing expressing the essence of property. Property has an independent tangible asset. Property can be an issue in rights and legal transactions. In case a property is destroyed, compensation responsibility arises. The existence of interest depends on property. So usurpation and destruction of interest is impossible. In such cases, An authority which all parties can not object must interfere. Whether a man who gained economic profit from the property which he usurped is one of the controversial issues among faqihs (experts in Islamic law). According to Hanefi madhhab (hanafiyyah school) Interest cannot be compensated. Faqihs in Hanafiyyah madhhab explain why interest cannot be compensated in different ways. If an usurped property is available, it is returned. If it is undergone a change, deficiency or all the property is compensated. It is stated that usurper is sentenced to imprisonment or punished in different ways and there is a punishment in afterlife since it is an act of injustice in itself. Additionally, compensation of interest would be unfair to the usurper. Next term hanafiyya faqihs gave fatwa that interest is compensated according to Shafii madhhab. precedent. This fatwa is significant to protect owners’ rights which were usurped. Approaches against compensation can be exploited. In case the interests such as the rights of intellectual and industrial copyrights are exposed to damaging acts, The acceptation of compensation is in accordance with the end of law.
Qadha is studied under three titles: Qadha with reasonable equivalent: Giving something which can be perceived it
Qadha, Performance, Interest, Usurpation, and Destruction