All praise belongs to Allah, the Most High, and may allah shower peace and blessings on the noble Prophet Muhammad, and upon his family, and everyone who follows him.
We are pleased to release another fundamental important and equally relevant topic to the realm of qawaa’idul-fiqhiyyah (legal maxims) into the English language and bringing this topic to the fore especially in our current times where the art and practice of deception seem to have utterly free reign in the world of western secular “democracies” and their legislative codes and institutions.
The topic as understood by Islamic legalists is titled “Al-Ghaar Dhaamin” and the E-Book that we are presenting here is titled Al-Ghaar Dhaamin Rule And its Juristic Applications by Dr. Jameel bin Abdul Muhsin Al-Khalaf from the University of Muhammad bin Sa’ud.
Basically, the topic meaning based on the title is that the person who deceives another person (in any sort of transaction) shall be liable for the damage he causes (literally, the deceiver is liable) to the one deceived.
let us take a brief excerpt from this work just to merely highlight the monstrosity of the crime of deception in the realm of dealings and transactions (mu’amalaat) and how this brief excerpt is virtually “paradigm shifting” when contrasting this information to todays American format for advertisements which operate under the Edward Bernays school of propaganda, a deception so satanic, that this will require us to dedicate an entire series of information of its own to our audience in the future bi ithnillah as many Americans, much less Muslims, do not grasp the full scope of modern day propaganda.
The term ghurur has more than one technical definition, most important of which are the following:
1. To act on the commodity subject of sale in a way that makes the buyer think it to be perfect while in reality it is not. It should be noted that the above definition does not include all forms of deception; rather it is limited to deception by deed but not deception by word and deception by the concealment of a defect.
2. To give something an unreal appearance and to describe it in a way that adds to it something not existing in it with the aim of attracting the other party to it in order to make him enter into the contract. This definition is better than the previous one because it includes deception by word; however, it omits deception by the concealment of defects. Moreover, it limits deception to contracts.
3. Enticement by verbal or actual false mean to attract either contracting party to conclude the contract. This definition can be criticized in the same way as the previous ones because it limits the act of deception to contracts only.
4. Making someone accept something useless through a deceptive and misleading way that attracts him to accept it, which if he knows its reality, he would not accept it.
5. Making and directing someone in a deceptive way to accept something useless for him, which if he knows its reality, he would not accept it.The above two definitions are the best ones. However, it may be understood from them that deception is only realized by enticement through deceptive and false means which make the thing subject of sale appear contrary to its actual reality, which action is always associated with a bad intention on the part of the deceiver.
We urge all of our readers to read this current study as it truly offers an almost paradigm shifting experience in light of what we have been socially trained and accustomed to carry out our day to day transactions, whether little, or major.
Mind you that this material is non existent in the English language and is even rare in the Arabic speaking world and in the discipline of the legalists. Therefore, the information presented is a gold mine. May we add to this that the current American structure on deception regarding deceptive advertisements and deception offenses defined in the theft act of 1968, are flimsy in the eye of true justice in the face of the material presented. This is of course taking into consideration that the language in their entire man-made system are all based on ambiguous and highly manipulatable legal jargon by which both the laity and the elite involved in the field have slight clues about what their legal jargon actually means. This in and of itself is another project that we seek to uncover for our readers in the future inshallah with a wealth of information that we have at our disposal, however our man power is extremely limited for now.