*489 Burnett and Klinger's Drafting and Negotiating Computer Contracts is a very handy, extremely thoroughly thoughtthrough text on (as the label says) drafting and negotiating computer contracts. Paul Klinger started professional life as a systems analyst and then went on to study law and after qualification, worked as in-house counsel for an IT company. He then went on to establish a niche IT legal practice. Similarly, Rachel Burnett also started life as IT professional but then studied law and ended up working at Klinger's law firm. Both have since moved on, with Burnett opening her own boutique IT law practice and Klinger now acting as freelance legal consultant and non-executive director on the boards of several IT companies. It is important to highlight the authors' backgrounds as the very practical training and working background of these two lawyers bring with them a different flavour to their writing and choice of emphasis which is evident in this text. The text carefully (and as simply as possible) explains the many legal instruments and concepts that affect IT contracting. For example, although areas such as contract law are obviously covered, there is also a thorough (although still short-form) explanation of consumer protection law concepts which affect all commercial dealings. The authors have gone to great pains ambitiously to cover as much as possible of all relevant law but have managed to do so in amanner which does not “overload” the reader with lengthy legal concepts and jargon. This is a credit to their ability to present explanations in an easily understandable short-form manner without losing the essence and importance of their subject-matter. The authors state that the “focus of our book remains as before: to offer a perspective to drafting and negotiating computer and other IT contracts which is practical rather than narrowly academic, drawing on our own experience in the industry”. Since the first edition in 1994, the authors have added new chapters on ASPs, website development and e-commerce agreements, and a chapter on leasing arrangements as this has continued to increase in importance as a means of financing hardware acquisition. They have also substantially revised the content “to take into account the commercial and legal developments over the last decade” as well as “responded to the many requests we have received to provide precedent formats by including with this edition a CD containing examples of the contracts reviewed”. Drafting and Negotiating Computer Contracts is detailed and obviously extremely well researched, with examples in the form of real examples of IT contracts and cases used at every turn to demonstrate the aim of the discussion. The authors also go to great lengths to point out that in each type of contract, the perspectives of the supplier and customer will obviously differ and how that difference may translate into provisions in a contract. This is very important as all too often texts and precedents contracts do not do this in any detail and to a person not long experienced in this industry (whether as an IT professional or IT lawyer) this quickly makes the difference to how useful the first draft of a contract will be. A first draft that has already considered the perspectives of the parties (and particularly, the party providing the instructions) will require much less redrafting both internally and between the parties and thus speed up the negotiation process. In order to help readers navigate through this text, it has a contents outline, glossary of terms, table of statutes and statutory instruments and table of cases. There is also a quite detailed index. Each chapter is broken down into numbered sections with distinct headings and subheadings, which breaks down the text into manageable portions. There is also good use of endnotes to add supplemental information although for ease of reading, footnotes can sometimes be better. There are 23 chapters in this text in addition to 200 pages of precedents and a CD-Rom. Chapter 1 provides the introduction to the background, objectives and structure of the text. Chapter 2 discusses the principles of contract negotiation, which is extremely important as a contract is a reflection of the negotiation skills of the parties to that contract. This chapter discusses how to prepare for and approach negotiation both internally and with the other party and how to tackle standard form contracts and government purchasing regimes. Chapter 3 concentrates on the basic features of the English legal system, its interrelation with the EU and its differences to other legal systems. In addition, it discusses international conventions such as UNCITRAL, in relation to commercial contracts, the international intellectual property legal regime and its local effect, as well as tackling competition law in a manner which is credit to the authors' ability to explain difficult concepts in an understandable manner. English contractual law is covered in Ch.4, which is lengthy (as expected) but necessary before continuing on to discuss the more specialised IT contracts in later chapters. Chapter 5 logically progresses to discussing the general construction of IT contracts and is an excellent introduction to the following specific chapters, complete with a section summarising how to use the following chapters the most effectively. Chapter 6 looks at standard “housekeeping” provisions or boilerplate clauses. Chapter 7 discusses clauses which are generally common to all IT contracts. Chapters 8 to 21 then discuss a specific type of IT agreement for each chapter. The types of contracts covered in these chapters are non-disclosure, computer product supply, leasing, distribution and reseller arrangements, software licences, source code escrow, maintenance and support, consultancy, software development, outsourcing services, ASPs, website development and support, ecommerce and disaster recovery. These chapters are all well written and any criticisms the reviewer had were minor (for example, it would be useful for crossreferencing with the precedent clauses if clause numbering were the same for those clauses extracted and discussed in the text.). The precedents are useful examples and provide good starting *490 points but like any precedents need to be tailored for style and to suit specific circumstances, but by far and away the most useful part of this text is the discussion in each of the chapters. The authors' intention in writing this text was to address it to the IT industry and its users. The authors also hope “that this book will be useful for lawyers, accountants, management consultants and other advisers servicing this significant sector of the economy”. The reviewer believes that all the authors' aims will be achieved and, as a lawyer, recommends this text to other IT lawyers, particularly those starting out in the field, as it will aid their professional development immensely and help them develop and maintain a practical commercial focus to their advice and drafting for which their clients will be eternally grateful. ANNA FEROS Shepherd

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SECTION ONE PREVENTORS OF THE OBLIGATORS Zakah ON AND HONEY Introduction Honey is one of the goods bestowed by God on humanity as a food, medicine, and sweet. God mentions it as a sign of His grace to Human Beings in a sura That is named after bees, Sura al-Nahl. God says "And thy Lord taught the bee to build its cells in hills, on trees, and in people's habitation, then to eat of all the Produce (of the earth) and find with skill the spacious paths of its Lord: There issues from within Their bodies a drink of varying colors, wherein is healing for men: verily in this is a Sign for Those WHO give thought. "1 Those who believe honey is zakatable Abu Hanifah and his Disciples say That Zakah is obligated on honey, Provided That the beehives are not located on land kharaji. This is an extension of Their principle That kharaj and 'ushr are not concurrent. Zakah is also obligated on honey produced on nonarable land, the which is by implication non-zakatable.2 This is also the opinion of Ahmad. Al Athram says Ahmad was asked whether he Believes That honey is zakatable, and answered. "Yes indeed; 'Umar collected Zakah on honey." A1 Athram then asked Contribute honey growers whether the amount of Zakah voluntarily. Ahmad answered, "No, it was imposed on them." 3 This view is shared by Makhul, al Zuhri, Sulaiman ibn Musa al Awza'i, and Ishaq.4 The authorof al Bahr also attributes it to 'Umar, Ibn' Abbas, 'Umar ibn' Abd al Aziz, al-Hadi, al Mu'ayad bi Allaah, and a Narration to al-Shafi'i. That Al Tirmidhi mentions most scholars accept this view. This is challenged by Ibn 'Abd al-Barr, WHO asserts the opposite is true.5 Evidence for this view This opinion is supported by two groups of evidence: reports from the Prophet and the Companions, and rationale and analogy. Firstly, the texts: A. 'Amr ibn Shu'aib, from his father from his grandfather, narrates That the Prophet (p) "Collected the one-tenth due from honey." Reported by Ibn Majah. Al Daraqutni says "This is Narrated from 'Abd al-Rahman ibn al Harith and Ibn Lahi'ah from' Amr as linked to the Prophet, and from Yahya ibn Sa'id al-Ansari from 'Amr as mursal. "Al Hafiz notes That this is the problem with this saying, ESPECIALLY since 'Abd al Rahman and Ibn Lahi'ah are not known as accurate. It is noted that 'Amr ibn al-Harith, Who is trustworthy, and Usama bin Zaid also Narrate the same from 'Amr ibn Shu'aib, as reported by Ibn Majah and others.6 Zakah on Honey and Animal Products 215 Abu Daud and Al Hilal Nasa'i That report, from Bani Mat'an, used to pay the Prophet (p) the one-tenth due on the beehives be had, and had the Prophet protect a valley known as Salabah for him. When 'Umar Became the head of state, wrote him Wahb ibn Sufian about this. 'Umar replied, "As long as Hilal Gives You That the which he was giving the Messenger of God, the one-tenth due on his honey, then keep protecting Salabah for him. If he does not, then what is in That valley is for everybody. "Al Hafiz in al Fath says the chain of this saying is correct up to 'Amr ibn Shu'aib. 'Amr's record is strong, at least when he is not opposed by Stronger narrators.7 B. It is reported from Sulaiman ibn Musa al Muta'i That Abu Sayarah of toll the Messenger of God "'I have bees.' The Prophet answered, 'Pay the one-tenth due.' I said, O Messenger of God, its mountain reserve for me. "The Prophet then protected That mountain for me. "Reported by Ahmad and Ibn Majah.8 C. Al Bayhaqi reports from Sa'd bin Abi Dhubab, "The Prophet (p) employed him (for collecting Zakah) on his clan. He ordered the people to pay one-tenth due on honey, then Brought it to 'Umar, WHO sold the honey and its added value to the funds of Zakah Muslims. "In the chain of this saying there is Munir bin 'Abd Allah, Who is graded weak by al-Bukhari and others. In another version, Sa'd Tells his clan "There is no good in That wealth is not zakated.'' He Continues, "I took out of each ten containers one container and Brought it to 'Umar, WHO put it with the Zakah funds of Muslims. "This version is reported by Sa'id in his Sunan.10 Al Athram reports from him that 'Umar commanded him to collect ten percent from honey.11 D. Al-Tirmidhi reports from Ibn 'Umar That the Messenger of God (p) said, "On honey, one out of each ten jars is obligated. "However, in its chain there is sadaqah al-Samin, WHO had a weak memory and is disagreed with. Although all these sayings and stories are not free from Critics, They support each other, Indicating That there is substance to the ruling on honey. Ibn al Qayyim comments, "Ahmad and his group believe That honey is zakatable on the basis of these sayings That Strengthen each other Because They have different sources and chains. Abu Hatim al Razi was asked about the Narration of 'Abd Allah, Munir's father, from Sa'd bin Abi Dhubab, and answered That it was correct. "12 Secondly, the rationale: The zakatability of honey is further supported by reasoning and analogy. Since honey is derived from flowers, is not perishable, can be Measured, and its cost is very low, it must be zakatable like grains and dates.13 Abu Hanifah Believes That honey on 'ushri land is zakatable, in contrast to honey produced on kharaji land. This is based on his That opinion kharaji the output of land is not zakatable. Ahmad makes no such distinction.14 Fiqh al Zakah (Vol. I), Dr. Yusuf al Qaradawi 216 Those WHO Consider non-zakatable honey Malik, al Shafi'i, Ibn Abi Laila, al-Hasan ibn Abi Salih, and Ibn al Mundhir believe That honey is not zakatable, based on the lack of any strong saying or ijma 'on the matter, and the Similarity Between honey and milk, the which is not unanimously zakatable. The view of Abu 'Ubaid Abu 'Ubaid seems a to have taken a position in the middle. After mentioning the two opinions, he comments, "It seems a preferable That producers of honey be encouraged to pay Zakah, Because They may be sinning if They do not pay it. But They should not be obligated to do so, and Those WHO Prevent Zakah on honey must not be Fought the way the preventors of other Zakah can be Fought. There is no correct tradition from the Messenger on this subject, nor is honey Mentioned in his written ordinances on Zakah. If Zakah on honey was like other forms of Zakah, we would have some text That documents its conditions, the minimum exemption, and the date of collection. Accepting its payment, as' Umar did when Zakah of honey was Brought to him, is another issue. The state must accept this Zakah when paid by producers. "16 A defense of the view That honey is zakatable My personal conclusion is that? Honey, like any other crop, is produced for profit and must therefore be zakatable. This is based on the Following: A. The general texts do not make a distinction Between one sort of wealth and the other, Such verses as the "Out of Their wealth take Zakah," "Spend out of the Good Things you have earned and out of what We have produced for you from the earth, "and" Spend out of what We have given you as subsistence, "etc. B. There is an analogy to grains and fruits are zakatable That. The output of farming is like the output of the beehives, and must be treated equally. C. The sayings and stories deal with That honey in specific, which, although They are Criticized, support each other, as Stated by Ibn al Qayim. Perhaps That is why al Tirmidhi does not negate Their authenticity but says, "Nothing of importance is Authentically reported from the Prophet on this issue. "17 This statement implies That Small Things may have been reported. Al Tirmirdhi Continues, "But this is the view of most scholars. "18 Al Shawkani, in al-Dur al Bahiyah, Selects the view That honey is zakatable, saying, "A one-tenth due is obligated on honey. "In his commentary, Siddiq Hasan Khan supports this view, Noting that "the sayings, taken together, do not fall short of substantiating the zakatability. "19 The argument That honey, being a liquid produced by animals, is not zakatable by analogy to milk, is refuted on the basis of milk That is in principle zakatable through paid Zakah on livestock, while bees are not charged anything, so the similarity That requires some honey zakated.20 Zakah on Honey and Animal Products 217 SECTION TWO THE RATIO OF HONEY ON Zakah All Those WHO obligate Zakah on Honey agree That the ratio is ten percent, based on the texts reported on the issue and in analogy to fruits and grains.21 As for consideration of production costs, Abu 'Ubaid reports that' Umar said honey produced in valleys and plains is zakatable at ten percent, while honey is produced in mountains zakatable at five percent.22 This is apparently in consideration of production costs. From Ahl al-Nasir Bait al disagrees, arguing That the rate must be one-fifth, as in the case of fai 'Because honey is not measurable, nor does it come from the earth.23 He is answered That honey is similar to fruits, Because like fruits, 'it CAME from trees' (the hector). Moreover, onetenth is indicated by the texts.24 I think ten percent should be the rate, but it must apply to the net income from honey after deduction of production costs, as with grains and fruits. SECTION THREE Nisab OF HONEY We have no reports about the nisab of honey, so people differ on it. Abu Hanifah argues That there is no nisab, as with grains and fruits.25 Abu Yusuf nisab considers to be the value of five wasqs of the cheapest grain, Such as barley, in accordance with his view of considering the value of the lowest measurable That nisab applicable to products are not measurable. There is also a report from him That is about ratl.25 nisab There are Several narrations from Muhammad the which set faraq nisab at five, five man, or five qurbah, Following his rule of using five units usually used for items not Mentioned in sayings. One faraq is thirty-six ratl, one man is two ratl, and one is one hundred ratl qurbah. There is also a report from Ahmad nisab That is about faraq, attributed to 'Umar. It is Ahmad reported from one faraq That is sixteen ratl. My personal opinion is to estimate the value of five wasqs of an average grain, Such as wheat, since it is kind of an average universal food. The Prophet made five wasqs nisab in grain and fruits, and honey must be treated by analogy. It is by analogy That the rate is determined at one-tenth, so why not determine nisab on the same basis of value, ESPECIALLY since considering the value of the lowest grain is not fair to Zakah payers? Fiqh al Zakah (Vol. I), Dr. Yusuf al Qaradawi 218 SECTION FOUR ANIMAL LIKE SILK AND MILK PRODUCTS Today many industries revolve around animal products like milk, silk, eggs, and meat. Most of these were not large-scale businesses in the time of the Prophet, the Companions, and the great scholars. The result is that? We have no reports about these products. One can Derive an answer to the question of the zakatability of these products Reasons cited by from the jurists to Establish Zakah on honey and to exempt the milk of Zakah from pastured animals. The main reason cited is that? The source of milk, livestock, is zakatable, while the source of honey is not. This implies Whose That all products sources are not zakatable are zakatable Themselves. Therefore, milk and other products of non-fed livestock are zakatable zakatable, like honey. Each of these is an animal product where the animal is not zakatable. I believe That animal products must be zakated at ten percent of the net output unless the Considered Themselves animals are trade assets. The rule is that? Anything Whose source is not zakatable must be zakated as an output, like crops with respect to land, honey with respect to bees, dairy products with respect to livestock, eggs with respect to poultry, and silk with respect to the Silkworm. This is the opinion of John, a Shi'ite, WHO obligates Zakah on silk.26 Some jurists treat non-pastured animals used for Their products and reproduction like trade assets and obligate a one-fourth of one-tenth due on both the principal and growth. This is reported from some jurists Zaidi Such as al-Hadi, al Mu'ayad, and others. A WHO person buys a horse for breeding or a cow for its products is treated as a merchant and zakated the Zakah on trade assets.27 This is not restricted to producing animals, but to any asset used for business That is, Such as houses and buildings owned for the purpose or renting. This issue will be Discussed in detail in chapter eight of this part.

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