ETHICS AND FIQH FOR EVERYDAY LIFE (UNGS 2050)
STANDARD CONTENTS
© Department of General Studies, 2007
WEEK 1
Introduction • Definition: Literally: Derived from Greek ethos, means character.
• Technically: The field of study that has morality as its subject matter. (Branch of science) Ethics The values or rules of conduct held by an individual or a group = morality/ morals 8/18/2007
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Introduction
According to Imam al-Ghazali, character is an established state (of the soul) from which actions proceed easily without any need for reflection or deliberation.
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Major concerns of ethics • The nature of ultimate values = ethical principles. • The standards by which human actions can be judged as “right” or “wrong”, “good” or “bad”. 8/18/2007
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Fields of ethics Normative
Metaethics
Applied
• Normative ethics: - Seeks to set norms and standards for conduct - General theories about what one ought to do.
Metaethics: Systematically studies the meanings of ethical terms and of judgments used in normative ethics. 8/18/2007
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Fields - continued
Applied ethics: Application of normative theories to practical moral issues/ problems. Examples:
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Ethics / ‘ilm al-Akhlāq/ al-Akhlāq • Ethics in Arabic is ‘ilm al-Akhlāq (science of morality), which is the branch of knowledge that studies akhlaq (morals). • al-Akhlāq (the plural of khuluq/ ﺧﻠُﻖ ُ ) refers to morality, which means a nature, or an innate disposition or temper. • The proper signification of khuluq is the moral character; or the fashion of the inner man; his mind or soul and its peculiar qualities and attributes. 8/18/2007
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WEEK 2
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Morality/ ethics and law • Both law and morality are action-guiding. • Law provides a series of public statements (a legal code), or system of dos and don’ts – to guide humans in their behavior and to prevent them from doing harm to others and violating their rights. • Morality provides a similar system though might not be in written form. • In addition to that, morality provides reasons behind any significant laws governing human beings and their institutions. 8/18/2007
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• Morality precedes law, whereas law sanctions morality; that is, law puts morality into a code or system that can then be enforced by punishment. • Scope: In general, the law is taken to be concerned with acts, rather than attitudes. The mere fact of having certain intentions is not really the sort of thing about which you can have a law.
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In morality, by contrast, bad intentions may sometimes amount to a moral wrong. On the other hand, good intentions are in themselves good values. • Morality is wider than law. What is moral in not necessarily enforced through law. But there are some things which are governed by law (driving on the left or right side of road) which are presumably matters of indifference from a moral point of view.
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• Conformity between morality and law: = In Islamic law: - Law should be a reflection of Islamic morals. - Laws, rules and regulations are not supposed to be against Islamic moral principles = In secular law The relationship between law and morality is not entirely reciprocal. What is moral is not necessarily legal and vice versa. Many practices have been inscribed in the law, that are clearly immoral (e.g., homosexuality, same sex marriage, mercy killing, abortion, usury, changing munkar …). 8/18/2007
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• Sanctions: If you break the law, you may be fined or imprisoned or executed. Various bureaucracies exist precisely to hand out legal sanctions. If you do something that is morally wrong (but not also illegal), however, no similar bureaucracy is going to come after you. Instead, In divine religions you suffer a punishment on the Day of Judgment. In non-religious world views you may suffer the sense of guilt in your own conscience, or your reputation may suffer, or you may be exposed to the blame of other people 8/18/2007
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Morality and Etiquette • For the most part, “etiquette” pertains to norms that are of little ethical significance. • It concerns form and style rather than the essence of social existence. • Etiquette determines what is polite behavior rather than what is right behavior in a deeper sense. It represents society’s or religion’s decision about how we are to dress, greet one another, eat, celebrate festivals, express gratitude and appreciation etc. 8/18/2007
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The Importance of Ethics in Islam Morality/ good moral character is: - The spirit of Islam - The validation and authentication of Iman 1- Morality as the spirit of Islam • What is Islam? Good relationship among human beings = good morality. Good relationship with Allah in its spiritual sense. 8/18/2007
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• The main purpose of Islam “I have been sent (as the Messenger of Allah) only for the purpose of perfecting good morals”. (hadith) • Who is a Muslim? “A Muslim is the one who avoids harming Muslims with his tongue and hand” (hadith)
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• Even pure worship (‘ibadat) is for moral purposes Examples: Salat: “…And establish regular prayer; for prayer restrains from indecency and evil” (29: 45) • Zakat: “…Take alms of their wealth, so that it may purify and sanctify them. (9: 103) • Fasting: “…Fasting was made compulsory for you, as it was made compulsory for those who preceded you, so that you may become righteous.” (2: 183) 8/18/2007
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“Allah has nothing to do with the fasting of those who did not avoid perjury, lying and false accusation and acting upon them.” (hadith) • Hajj: “…whoever determines the performance of the pilgrimage therein, there shall be no lewdness nor abuse nor angry conversation on the pilgrimage(2: 197). 8/18/2007
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Morality as validation of Iman Definition of Iman: “Iman has over sixty branches (parts): the highest of which is the belief that nothing deserves to be worshipped except Allah and the lowest of which is the removal from the way of that which might cause harm to anyone. And modesty (haya’ )اﻟﺤﻴﺎءis a branch of it.” (hadith)
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Morality as validation of Iman
Conviction
Foundation
Profession
Declaration
Practice
Validation
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Roots
Nourishment
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Morality as validation of Iman • “The man who has these three habits is a hypocrite even if he observes fast, offers prayers, performs ‘umra (pilgrimage), and claims to be a Muslim: when he talks he speaks untruth, when he makes a promise he does not keep it, and when he is given something in trust, he commits dishonesty.” (hadith) ¾ Lack in good morals = Lacking in faith (iman) • “which Muslim has the perfect faith? “He who has the best moral character.” (hadith) ¾ The level of faith (iman) is proportional to the level of morals 8/18/2007
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“He who believes in Allah and the Last Day of Judgment is forbidden to cause any harm to his neighbour, is to be kind to his guests – especially the strangers, and is to say the truth or else abstain.” (hadith) • “None of you will have faith (will be a true believer) till he wishes for his (Muslim) brother what he likes for himself.” (hadith) ¾Good morals are conditions of validity of Iman 8/18/2007
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(3)ﺒ ﹺﺮ ﺼ ﺍ ﺑﹺﺎﻟﺻﻮ ﺍﺗﻮﻭ ﻖ ﺤ ﺍ ﹺﺑﺎﹾﻟﺻﻮ ﺍﺗﻮﻭ ﺕ ﺎﻟﺤﺎﻤﻠﹸﻮﺍ ﺍﻟﺼ ﻋ ﻭ ﻮﺍﻣﻨ ﻦ ﺁ ﻳ( ﹺﺇ ﱠﻻ ﺍﱠﻟﺬ2) ﺴ ﹴﺮ ﻲ ﺧﺎ ﹶﻥ ﹶﻟﻔ( ﹺﺇ ﱠﻥ ﺍﻹِﻧﺴ1) ﺼ ﹺﺮ ﻌ ﺍﹾﻟﻭ
•
(82 :ﻭ ﹶﻥ)ﺍﻟﺒﻘﺮﺭﺓﻟﺪﺎﺎ ﺧﻓﻴﻬ ﻢ ﻫ ﺔ ﻨﺠ ﺏ ﺍﹾﻟ ﺎﺻﺤ ﻚ ﹶﺃ ﺌﺕ ﺃﹸﻭﹶﻟ ﺎﻟﺤﺎﻤﻠﹸﻮﺍ ﺍﻟﺼ ﻋ ﻭ ﻮﺍﻣﻨ ﻦ ﺀَﺍ ﻳﺍﱠﻟﺬﻭ
•
• “I swear by the time, Most surely man is in loss, Save those who believe and do good works, and exhort one another to truth and exhort one another to endurance.” (103: 1-3) • Those who have Faith and work righteousness. They are the ones who shall be rewarded with Jannah. therein they shall have an everlasting life. (2: 82)
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Why we have to be moral people? Spiritual benefits: • Good morals = voluntary worship “A believer by virtue of his good morals may attain the status of one who fasts (voluntary fast) regularly and performs prayer at night”. (hadith) • The dearest one to Allah: When the Prophet (saw) was asked: Whom Allah likes most amongst His subjects? He replied: “The one who possesses superior moral qualities”. (hadith) 8/18/2007
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• Good morals eliminate sins – bad morals spoil virtues “Courtesy and good morality melt the sins just like water melts the ice. And immorality spoils good deeds as vinegar spoils honey.” (hadith) “A certain woman is famous for her voluntary prayers, fasting and charities, but she harms her neighbours. She is in Hell. Another woman does not do much by way of voluntary prayers and fasting and she gives pieces of cheese in charity but she does not harm her neighbours. She is of the Paradise.” (hadith) 8/18/2007
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Social benefits: • Stable, secure, and harmonious society • Directing civilization to a just end (civilization = to do what can be done. Ethics = what should be done, what should not be done) • Strong and peaceful family life • Good leadership • Building good reputation • Wining hearts of people
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Commitment to values – “Fear Allah wherever and whenever you are (obey his obligations and avoid his prohibitions) and follow your sins with virtues so that it will eliminate it, and treat people with high morals.” (hadith) – “Do not follow others blindly and say: if people do good, we do good too, and if they do injustice, we do too. Rather, make up your minds for yourselves and if people do something good, do it too, but if they do something unjust, do not do it yourselves.” (hadith) 8/18/2007
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Refinement of character • • • •
Determination Motivation Training (habituation) Environment (peers, friends ..)
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Refinement of character 1. Determination - To judge one’s character in light of the Qur’an - A trait of character may be reinforced as a result of acting frequently in accordance with it, and considering it to be fine and satisfactory. ﻫ ﹶﻜﺬﹶﺍ ﻪ ﻪ ﹶﻓﻘﹶﺎ ﹶﻝ ﹺﺑ ﻔ ﻧﻋﻠﹶﻰ ﹶﺃ ﺮ ﻣ ﺏ ﺎ ﹴ ﹶﻛ ﹸﺬﺑﺑﻪﻮﻯ ﹸﺫﻧﻳﺮ ﺮ ﻭﹺﺇﻥﱠ ﺍﹾﻟﻔﹶﺎ ﹺﺟ ﻪ ﻴﻋﹶﻠ ﻊ ﻳ ﹶﻘ ﻑ ﹶﺃ ﹾﻥ ﺎﻳﺨ ﺒ ﹴﻞﺟ ﺖ ﺤ ﺗ ﺪ ﻋ ﻗﹶﺎﻧﻪ ﹶﻛﹶﺄﺑﻪﻮﻯ ﹸﺫﻧﻳﺮ ﻦ ﻣ ﺆ ﹺﺇﻥﱠ ﺍﹾﻟﻤ
“A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this.” (hadith) 8/18/2007
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Refinement - continued
2. Motivation 9To remember rewards & punishments 9Models & Ideals 9Reciting the Qur’an 9Reading Sirah 9Reading the biographies of pious people
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Refinement - continued
3. Training (habituation) 9Morals can be instilled on the principle of habit formation 9Habit: do it without thinking/ hard to stop it 9Start repeat develop it to a habit
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… • “Adopt truth, for truth leads to righteousness, and righteousness leads to Jannah. A person speaks the truth regularly and adopts truthful ways till he is recorded as a truthful person. And keep away from falsehood, for falsehood leads to wickedness, and wickedness leads to the Hell. A person tells lies regularly and attaches himself to falsehood till he is recorded as a liar.” (hadith) 8/18/2007
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… • Truth righteousness Jannah • Tell truth regularly truthful person • Falsehood
wickedness
• Tell lies regularly
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Jahannam liar
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… ﻢ ﺘﻧﻬ ﹾﻞ ﹶﺃ ﺓ ﹶﻓ ﺼﻠﹶﺎ ﻋ ﹺﻦ ﺍﻟ ﻭ ﻪ ﺫ ﹾﻛ ﹺﺮ ﺍﻟﻠﱠ ﻦ ﻋ ﻢ ﻛﹸﺪﻳﺼﻭ ﺴ ﹺﺮ ِ ﻴﻤ ﺍﹾﻟﻤ ﹺﺮ ﻭ ﺨ ﻲ ﺍﹾﻟﺎ َﺀ ﻓﻐﻀ ﺒﺍﹾﻟﻭ ﹶﺓ ﻭ ﺍﻌﺪ ﺍﹾﻟﻨﻜﹸﻢﻴﺑ ﻊ ﻗﻮﻴﻄﹶﺎ ﹸﻥ ﹶﺃ ﹾﻥ ﻳﺸ ﺪ ﺍﻟ ﻳﺮﹺﻳ ﺎﻧﻤ• ﹺﺇ (91 :ﻮ ﹶﻥ )ﺍﳌﺎﺋﺪﺓﺘﻬﻨﻣ
• Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain? (5: 91)
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… • The reward for a virtue is another virtue
• The punishment for a sin is another sin
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4. Environment (peers, friends ..) “The similitude of a good company and that of a bad company is that of the owner of misk (perfume) and of the one blowing bellows (ironsmith). The owner of perfume would either offer you for free of charge or you would buy it from him or you would smell its pleasant odour. The one who blows bellows he would either burn your clothes or you shall have to smell its bad smell.” (hadith) 8/18/2007
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WEEK 3
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The Messenger of Allah used to say in any speech he gives: “The person who does not keep trust has no Iman (faith) and the person who does not respect his covenant (and promise) has no religion.” (hadith) "The signs of a hypocrite are three: … (c) If he is entrusted, he does honour his trust (he proves to be dishonest)” (hadith) 8/18/2007
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"When would the Hour (Doomsday) take place?" … "When honesty is lost, then wait for the Hour (Doomsday)." (hadith) "How will that be lost?" The Prophet said, "When the power or authority comes in the hands of unfit persons, then wait for the Hour (Doomsday.)” (hadith) - Why the one who can’t be trusted has no iman? - Why the one who cannot be trusted has no religion? - Why loss of amanah is related to the Doomsday? Doomsday = chaos = disorder 8/18/2007
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What is Amanah? Honesty
Responsibility
Amanah
Sincerity
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Trustworthiness
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- To fulfill one’s responsibility towards his Lord as well as to that of humans. - To be honest and sincere in doing things. - To keep deposits properly and use them according to the terms and conditions of the owner. - Antonym: Khianah (betrayal) 8/18/2007
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Aspects of Amanah
Amanah Vicegerancy Family Deposits Secrets Work/ public office Wealth & abilities 8/18/2007
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1. The amanah of taklif – To inhabit this world – to be vicegerants of Allah – to fulfill the purpose of our creation – to implement His laws on this earth ﻧﻪﺎ ﹸﻥ ﹺﺇﻧﺴﺎ ﺍ ِﻹﻤ ﹶﻠﻬ ﺣ ﻭ ﺎﻨﻬ ﻣ ﻦ ﺷ ﹶﻔ ﹾﻘ ﻭﹶﺃ ﺎﻨﻬﻤ ﹾﻠ ﺤ ﻳ ﻦ ﹶﺃ ﹾﻥ ﻴ ﺑﺎ ﹺﻝ ﹶﻓﹶﺄﺠﺒ ﺍﹾﻟ ﹺﺽ ﻭ ﺭ ﹺ ﺍ َﻷﺕ ﻭ ﺍﺎﻭﺴﻤ ﻋﻠﹶﻰ ﺍﻟ ﻧ ﹶﺔﺎﺎ ﺍ َﻷﻣﺿﻨ ﺮ ﻋ ﺎ}ﹺﺇﻧ .(({ )ﺳﻮﺭﺓ ﺍﻷﺣﺰﺍﺏ72) ﻮ ﹰﻻﺟﻬ ﻛﹶﺎ ﹶﻥ ﹶﻇﻠﹸﻮﻣًﺎ
“We offered the trust unto the heavens and the earth and the hills, but they shrank from bearing it and were afraid of it. And man assumed it. He was indeed tyrannous and ignorant.” (33: 72) 8/18/2007
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2. The amanah of family To fulfill our responsibilities towards our family members and provide them with guidance and maintenance, “Every one of you is a guardian and every one will be asked about his subjects... A man is the guardian of the persons in his household and he will be answerable about them. A woman is the guardian of her husband’s house and she will be asked about her responsibility…” (hadith) 8/18/2007
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3. The amanah of returning deposits to their owners .(({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ58) ..ﺎﻠﻬ ﻫ ﺕ ﹺﺇﻟﹶﻰ ﹶﺃ ﺎﺎﻧﺆﺩﱡﻭﺍ ﺍ َﻷﻣ ﺗ ﻢ ﹶﺃ ﹾﻥ ﻛﹸﺮﻳ ﹾﺄﻣ ﻪ }ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ
“Surely Allah commands you to render back trusts to their owners.” (4: 58) 4. The amanah of keeping secrets maintaining secrecy and confidentiality of what is required to be confidential is a trust. “What is said in meetings and meant to be confidential is a trust” (hadith) 8/18/2007
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5. The amanah of work & public office The Prophet (saw) said: “Whomsoever we have given some post and he has concealed a needle or a thing smaller than that, then it will be a misappropriated thing with which he will have to appear on the Day of Judgment.” (hadith) “When the administrator is given a job, he should receive his due and should pay the dues of others, then he is like a fighter in the cause of Allah till he returns home.” (hadith) 8/18/2007
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6. The amanah of wealth & abilities ﻦ ﻣ ﻪ ﻟﺎﻦ ﻣ ﻋ ﻭ ﻌ ﹶﻞ ﻢ ﹶﻓ ﻴﻪ ﻓ ﻤ ﻋ ﹾﻠ ﻦ ﻋ ﻭ ﻩ ﺎﺎ ﹶﺃ ﹾﻓﻨﻴﻤﻩ ﻓ ﹺﺮﻤﻦ ﻋ ﻋ ﺴﹶﺄ ﹶﻝ ﻰ ﻳﺣﺘ ﺔ ﻣ ﺎﻘﻴ ﻡ ﺍﹾﻟ ﻮ ﻳ ﺒ ٍﺪﻋ ﺎﺪﻣ ﻭ ﹸﻝ ﹶﻗﺗﺰ "ﻻ ". ﻩ ﺑﻼﻢ ﹶﺃ ﻴﻪ ﻓ ﻤ ﺴ ﻦ ﹺﺟ ﻋ ﻭ ﻧ ﹶﻔ ﹶﻘﻪﻢ ﹶﺃ ﻴﻭﻓ ﺒﻪﺴ ﺘﻦ ﺍ ﹾﻛ ﻳﹶﺃ
“Before the end of the Day of Judgement everyone will be questioned about the following: - In what did he spend his life? - What did he do with his knowledge? - From where did he get his wealth and on what did he spend it? - In what did he use his physical and mental faculties?” (hadith) 8/18/2007
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To place things in their rightful places - The term “Justice” implies: ¾Giving people what they deserve; ¾Impartiality; ¾Saying the truth; ¾Avoiding oppressing others, ¾Avoiding bias and prejudice; ¾Being balanced in one’s views and judgements. 8/18/2007
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Forms of expression in the Qur’an
- al-‘Adl ( )ﺍﻟﻌﺪﻝand its derivatives = 10 (2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8), (6:152), (42: 15) - al-Qist ( )ﺍﻟﻘﺴﻂand its derivatives = 18 (3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29), (10: 4, 47, 54), (11:85), (21: 47), (55: 9), (57:25), (5: 42), (49: 9), (60: 8). - اﻟﻘﺴﻘﻄﺎس،( اﻟﻤﻴﺰانbalance) 8/18/2007
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Forms of Justice
Justice Judging between people Sayings state of mind/ way of thinking way of treating people 8/18/2007
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1. Justice to oneself - To give ourselves their due rights (spiritual, material, intellectual). - To avoid causing harm to oneself in this world and in the Hereafter.
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2. Justice in judging between people/ Judicial justice Judges, mediators, arbiters To be impartial in judging between people
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ﻪ ﺪ ﹺﻝ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻌ ﻮﺍ ﺑﹺﺎﹾﻟﺤﻜﹸﻤ ﺗ ﺱ ﹶﺃ ﹾﻥ ﺎ ﹺﻦ ﺍﻟﻨ ﻴ ﺑ ﻢ ﺘﻤ ﺣ ﹶﻜ ﻭﹺﺇﺫﹶﺍ ﺎﻠﻬ ﻫ ﺕ ﹺﺇﻟﹶﻰ ﹶﺃ ﺎﺎﻧﺆﺩﱡﻭﺍ ﺍ َﻷﻣ ﺗ ﻢ ﹶﺃ ﹾﻥ ﻛﹸﺮﻳ ﹾﺄﻣ ﻪ }ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ .(({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ58)ﺼﲑًﺍ ﺑ ﻴﻌًﺎﺳﻤ ﻪ ﻛﹶﺎ ﹶﻥ ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻢ ﹺﺑ ﻌﻈﹸﻜﹸ ﻳ ﺎﻌﻤ ﹺﻧ
“Surely Allah commands you to render back trusts to their owners and that when you judge between people you judge with justice; surely Allah admonishes you with what is excellent; surely Allah is Seeing, Hearing.” (4: 58)
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ﻢ ﻬ ﻨ ﻋ ﺽ ﻌ ﹺﺮ ﺗ ﻭﹺﺇ ﹾﻥ ﻢ ﻬ ﻨ ﻋ ﺽ ﻋ ﹺﺮ ﻭ ﹶﺃ ﻢ ﹶﺃ ﻬ ﻨﻴ ﺑ ﻢ ﺣ ﹸﻜ ﻙ ﻓﹶﺎ ﺎﺀُﻭﺖ ﹶﻓﹺﺈ ﹾﻥ ﺟ ﺤ ﺴ ﻠ ﱡﺏ ﹶﺃﻛﱠﺎﻟﹸﻮ ﹶﻥ ﻟ ﺬ ﹺ ﻟ ﹾﻠ ﹶﻜ ﻮ ﹶﻥﺎﻋﺳﻤ } ({ )ﺳﻮﺭﺓ42)ﲔ ﻄ ﺴ ِ ﹾﻘﺐ ﺍﹾﻟﻤ ﺤ ﱡ ﻳ ﻪ ﻂ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺴ ﻘ ﻢ ﹺﺑﺎﹾﻟ ﻬ ﻨﻴ ﺑ ﻢ ﺣ ﹸﻜ ﺖ ﻓﹶﺎ ﻤ ﺣ ﹶﻜ ﻭﹺﺇ ﹾﻥ ﻴﺌﹰﺎ ﺷ ﻙ ﻀﺮﱡﻭ ﻳ ﻦ ﹶﻓ ﹶﻠ .(ﺍﳌﺎﺋﺪﺓ
“Listeners for the sake of falsehood! Greedy for illicit gain! If then they have recourse unto you (Muhammad) judge between them or disclaim jurisdiction. and if you turn aside from them, they shall not harm you in any way. But if you judge, judge between them with equity; surely Allah loves those who judge equitably.” (5: 42) 8/18/2007
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3. Justice in sayings To say the truth and bear witness with justice
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- With enemies: ﻮ ﹴﻡ ﺂ ﹸﻥ ﹶﻗﺷﻨ ﻢ ﻨﻜﹸﻣ ﺠ ﹺﺮ ﻳ ﻻﻂ ﻭ ﺴ ﻘ ﺪﺍ َﺀ ﺑﹺﺎﹾﻟ ﻬ ﻪ ﺷ ﻟ ﱠﻠ ﲔ ﻣ ﺍﻮﺍ ﹶﻗﻮﻮﺍ ﻛﹸﻮﻧﻣﻨ ﻦ ﺁ ﻳﺎ ﺍﱠﻟﺬﺎ ﹶﺃﱡﻳﻬ}ﻳ ﺎﺧﹺﺒﲑٌ ﹺﺑﻤ ﻪ ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠﺍﻯ ﻭﺘ ﹾﻘﻮﻠ ﻟﺮﺏ ﻮ ﹶﺃ ﹾﻗ ﺪﻟﹸﻮﺍ ﻫ ﻋ ﺪﻟﹸﻮﺍ ﺍ ﻌ ﺗ ﻋﻠﹶﻰ ﹶﺃ ﱠﻻ .(({ )ﺳﻮﺭﺓ ﺍﳌﺎﺋﺪﺓ8)ﻤﻠﹸﻮ ﹶﻥ ﻌ ﺗ “O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of any people incite you not to act justly; deal justly, that is nearer to piety, and Observe your duty to Allah; surely Allah is Aware of what you do.” (5: 8) 8/18/2007
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- Against oneself & relatives .(({ )ﺳﻮﺭﺓ ﺍﻷﻧﻌﺎﻡ152) … ﻰﺮﺑ ﻮ ﻛﹶﺎ ﹶﻥ ﺫﹶﺍ ﹸﻗ ﻭﹶﻟ ﺪﻟﹸﻮﺍ ﻋ ﻢ ﻓﹶﺎ ﺘﻭﹺﺇﺫﹶﺍ ﹸﻗ ﹾﻠ }
“And when you speak, then be just though it be against a relative…” (6: 152)
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ﻭ ﻢ ﹶﺃ ﺴﻜﹸ ِ ﻋﻠﹶﻰ ﺃﹶﻧﻔﹸ ﻮ ﻭﹶﻟ ﻪ ﻟ ﱠﻠ ﺍ َﺀﻬﺪ ﺷ ﻂ ﺴ ﻘ ﲔ ﺑﹺﺎﹾﻟ ﻣ ﺍﻮﺍ ﹶﻗﻮﻮﺍ ﻛﹸﻮﻧﻣﻨ ﻦ ﺁ ﻳﺎ ﺍﱠﻟﺬﺎﹶﺃﱡﻳﻬﻳ ﻯ ﹶﺃ ﹾﻥﻬﻮ ﻮﺍ ﺍﹾﻟﺘﹺﺒﻌﺗ ﺎ ﹶﻓﻠﹶﺎﻭﻟﹶﻰ ﹺﺑ ﹺﻬﻤ ﹶﺃﲑﺍ ﻓﹶﺎﻟ ﱠﻠﻪ ً ﻘ ﻭ ﹶﻓ ﺎ ﹶﺃﻦ ﹶﻏﹺﻨﻴ ﻳ ﹸﻜ ﲔ ﹺﺇ ﹾﻥ ﺮﹺﺑ ﺍﹾﻟﹶﺄ ﹾﻗﻳ ﹺﻦ ﻭﺪ ﻟﺍﺍﹾﻟﻮ (( )ﺍﻟﻨﺴﺎﺀ135) ﺪﻟﹸﻮﺍ ﻌ ﺗ O you who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be against rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest you will be deviated from the right way… (4: 135) 8/18/2007
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4. Justice in treating people (a) To avoid oppressing others and abusing their rights b) Social and economic justice - People should be given equal opportunities. - People must be given the right to private ownership and freedom of economic pursuit. - the wealth of the individuals should be fully protected. - Redistribution of wealth/ Zakat + charity. 8/18/2007
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- Social welfare fund:
ﺑ ﹺﻦﺍﲔ ﻭ ﻛ ﹺ ﺎﻤﺴ ﺍﹾﻟﻰ ﻭﺎﻣﻴﺘﺍﹾﻟﻰ ﻭﺮﺑ ﻱ ﺍﹾﻟ ﹸﻘﻟﺬﻭ ﻮ ﹺﻝﺮﺳ ﻠﻭﻟ ﻪ ﻠ ﱠﻠ ﻯ ﹶﻓﻫ ﹺﻞ ﺍﹾﻟ ﹸﻘﺮ ﻦ ﹶﺃ ﻣ ﻪ ﻟﻮﺭﺳ ﻋﻠﹶﻰ ﻪ ﺎ ﹶﺃﻓﹶﺎ َﺀ ﺍﻟ ﱠﻠ}ﻣ ﻨﻪ ﻋ ﻢ ﺎ ﹸﻛﻧﻬ ﺎﻭﻣ ﻩ ﺨﺬﹸﻭ ﻮ ﹸﻝ ﹶﻓﺮﺳ ﻢ ﺍﻟ ﺎ ﹸﻛﺎ ﺀَﺍﺗﻭﻣ ﻢ ﻨ ﹸﻜ ﻣ ﺎ ِﺀﻦ ﺍ َﻷ ﹾﻏﹺﻨﻴ ﻴ ﺑ ﻭﹶﻟ ﹰﺔﻳﻜﹸﻮ ﹶﻥ ﺩ ﻲ ﻻ ﺴﺒﹺﻴ ﹺﻞ ﹶﻛ ﺍﻟ (({ )ﺍﳊﺸﺮ7)ﺏ ﻌﻘﹶﺎ ﹺ ﺪ ﺍﹾﻟ ﻳﺷﺪ ﻪ ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠﺍﻮﺍ ﻭﺘﻬﻧﻓﹶﺎ
That which Allah gives as spoil unto His messenger from the people of the townships, it is for Allah and His messenger and for the near of kin and the orphans and the needy and the wayfarer, so that it may not become a commodity between the rich among you. And whatsoever the messenger gives you, take it. And whatsoever he forbids, abstain (from it). And keep your duty to Allah. Surely Allah is stern in reprisal. (59:7) 8/18/2007
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c) Political justice: - Shurah: people have right to decide how to and who is to manage their affairs. - Fair representation of different groups. (d) Justice on the family level - Justice between children Nu'man b. Bashir reported: My father donated to me some of his property. My mother said: I shall not be pleased with this act until you make Allah's Messenger (saw) a witness to it. 8/18/2007
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My father went to Allah's Messenger (saw) in order to make him the witness of the donation given to me. Allah's Messenger (saw) said to him: Have you done the same with every son of yours? He said: No. The Prophet (saw) said: Fear Allah! And observe justice among your children. My father returned and got back the gift.” (hadith)
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- Justice to wives/ husbands ﺙ ﻭﺛﹸﻼ ﹶ ﻰﻣ ﹾﺜﻨ ﺎ ِﺀﻨﺴﻦ ﺍﻟ ﻣ ﻢ ﺏ ﹶﻟ ﹸﻜ ﺎ ﻃﹶﺎﻮﺍ ﻣﻜﺤ ﻰ ﻓﹶﺎﻧﺎﻣﻴﺘﻲ ﺍﹾﻟﺴﻄﹸﻮﺍ ﻓ ِ ﹾﻘﻢ ﹶﺃ ﹼﻻ ﺗ ﺘﺧ ﹾﻔ ﻭﹺﺇ ﹾﻥ } ﻰ ﹶﺃ ﱠﻻﺩﻧ ﻚ ﹶﺃ ﻟﻢ ﹶﺫ ﻧ ﹸﻜﺎﻳﻤﺖ ﹶﺃ ﻣ ﹶﻠ ﹶﻜ ﺎﻭ ﻣ ﺪ ﹰﺓ ﹶﺃ ﺣ ﺍﺪﻟﹸﻮﺍ ﹶﻓﻮ ﻌ ﺗ ﻢ ﹶﺃ ﱠﻻ ﺘﺧ ﹾﻔ ﻉ ﹶﻓﹺﺈ ﹾﻥ ﺎﺭﺑ ﻭ .(({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ3)ﻮﻟﹸﻮﺍﺗﻌ “And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, Thus it is more likely that you will not do injustice.” (4: 3) 8/18/2007
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ﻭﹺﺇ ﹾﻥ ﺔ ﻌ ﱠﻠ ﹶﻘ ﻤ ﺎ ﻛﹶﺎﹾﻟﻭﻫﺘ ﹶﺬﺭﻴ ﹺﻞ ﹶﻓ ﻤ ﻴﻠﹸﻮﺍ ﹸﻛ ﱠﻞ ﺍﹾﻟﺗﻤ ﻢ ﹶﻓﻠﹶﺎ ﺘﺻ ﺮ ﺣ ﻮ ﻭﹶﻟ ﺎ ِﺀﻨﺴﻦ ﺍﻟ ﻴ ﺑ ﺪﻟﹸﻮﺍ ﻌ ﺗ ﻮﺍ ﹶﺃ ﹾﻥﻴﻌﺘﻄﺴ ﺗ ﻦ ﻭﹶﻟ (( )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ129)ﻴﻤًﺎﺭﺣ ﻪ ﻛﹶﺎ ﹶﻥ ﹶﻏﻔﹸﻮﺭًﺍ ﺘﻘﹸﻮﺍ ﹶﻓﹺﺈ ﱠﻥ ﺍﻟ ﱠﻠﺗﻭ ﻮﺍﻠﺤ ﺼ ﺗ
You will not be able to be completely just between wives, even if it is your ardent desire. But don’t turn altogether from one, leaving her as in suspense. If you do good and keep from evil, Allah is ever forgiving, merciful. 4: 129
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(e) Justice in weighing & measuring (35)ﺗ ﹾﺄﻭﹺﻳﻼ ﺴﻦ ﺣ ﻭﹶﺃ ٌﻴﺮ ﺧ ﻚ ﻟﻴ ﹺﻢ ﹶﺫﺘﻘﺴ ﻤ ﺱ ﺍﹾﻟ ﺴﻄﹶﺎ ﹺ ﻘ ﻮﺍ ﺑﹺﺎﹾﻟﻭ ﹺﺯﻧ ﻢ ﺘﻛ ﹾﻠ ﻴ ﹶﻞ ﹺﺇﺫﹶﺍ ﻭﻓﹸﻮﺍ ﺍﹾﻟ ﹶﻜ ﻭﹶﺃ ()ﺍﻹﺳﺮﺍﺀ
And give full measure when you measure, and weigh with a right balance; this is fair and better in the end. (17: 35)
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5. Justice as a state of mind/ way of thinking To be moderate and balanced in our views, especially in making judgments on things and people. This would be achieved through looking at both merits and demerits of things and persons, considering the consequences, weighing between benefits and harm, understanding the causes and reasons behind people’s actions, etc. 8/18/2007
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Cause of injustice vs. Requirements of justice
1. Cause of injustice Hatred enemies + opponents Love and favour relatives + cronies Self-interest and greed Ignorance Hurry in making decisions 8/18/2007
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2. Requirements of justice (a) On the individual level: 1. To keep in mind the dire consequences of injustice ﻪ ﻴ ﻓﺨﺺ ﺸ ﺗ ﻮ ﹴﻡ ﻴﻟ ﻢ ﻫﺧﺮ ﺆ ﺎ ﻳﻧﻤﻮ ﹶﻥ ﹺﺇﻟﻤﻤﻞﹸ ﺍﻟﻈﱠﺎ ﻌ ﻳ ﺎﻋﻤ ﻼ ﻓ ﹰ ﻪ ﻏﹶﺎ ﻦ ﺍﻟ ﱠﻠ ﺒﺴ ﺤ ﺗ ﻻ}ﻭ ﻢ ﻬﺪﺗ ﺌﻭﹶﺃ ﹾﻓ ﻢ ﻬ ﺮﻓﹸ ﻢ ﹶﻃ ﻴ ﹺﻬ ﺗ ﱡﺪ ﹺﺇﹶﻟﺮ ﻳ ﻢ ﻻ ﺳ ﹺﻬ ﺭﺀُﻭ ﻲﻣ ﹾﻘﹺﻨﻌ ﲔ ﻌ ﻄ ﻬ ( ﻣ42) ﺭ ﺎﺑﺼﺍ َﻷ (({ )ﺇﺑﺮﺍﻫﻴﻢ43)ٌﺍﺀﻫﻮ 8/18/2007
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And do not think Allah is unaware of what the unjust do; He only respites them to a day on which the eyes will stare in terror. As they come hurrying on in fear their heads upraised, their gaze returning not to them, and their hearts vacant. (14: 42-43)
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ﻦ ﻳﻋﻠﹶﻰ ﺍﱠﻟﺬ ﺴﺒﹺﻴ ﹸﻞ ﺎ ﺍﻟﻧﻤ( ﹺﺇ41)ﺳﺒﹺﻴ ﹴﻞ ﻦ ﻣ ﻢ ﻴ ﹺﻬ ﻋ ﹶﻠ ﺎﻚ ﻣ ﺌﻪ ﹶﻓﺄﹸﻭﹶﻟ ﻤ ﺪ ﻇﹸ ﹾﻠ ﻌ ﺑ ﺮ ﺼ ﺘﻧﻤ ﹺﻦ ﺍ ﻭﹶﻟ } {(42) ٌﻴﻢﻋﺬﹶﺍﺏٌ ﹶﺃﻟ ﻢ ﻬ ﻚ ﹶﻟ ﺌﻖ ﺃﹸﻭﹶﻟ ﺤ ﻴ ﹺﺮ ﺍﹾﻟ ﻐ ﺽ ﹺﺑ ﺭ ﹺ ﻲ ﺍ َﻷﻮ ﹶﻥ ﻓﺒﻐ ﻳﻭ ﺱ ﺎﻮ ﹶﻥ ﺍﻟﻨﻠﻤ ﻳ ﹾﻈ ()ﺍﻟﺸﻮﺭﻯ And whoever defends himself after his being oppressed, there is no way of blame against them. The blame is only against those who oppress mankind, and act in defiance of right and justice (and wrongfully rebel in the earth) these shall have a painful punishment. (42: 4142) 8/18/2007
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2- To distance oneself from oppressors ﻭ ﹶﻥﺼﺮ ﻨ ﻢ ﻻ ﺗ ﺎ َﺀ ﹸﺛﻟﻴﻭ ﻦ ﹶﺃ ﻣ ﻪ ﻥ ﺍﻟ ﱠﻠ ﻭﻦ ﺩ ﻣ ﻢ ﺎ ﹶﻟ ﹸﻜﻭﻣ ﺭ ﺎ ﺍﻟﻨﺴﻜﹸﻢ ﻤ ﺘﻮﺍ ﹶﻓﻦ ﹶﻇ ﹶﻠﻤ ﻳﻮﺍ ﹺﺇﻟﹶﻰ ﺍﱠﻟﺬﺮ ﹶﻛﻨ ﺗ ﻻﻭ (113 :)ﻫﻮﺩ
And do not incline to those who are unjust, or the Fire will seize you, and you have no guardians besides Allah, then you shall not be helped. (11:113)
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3- To examine whatever we hear before acting against people on mere suspicion ﻮﺍﺼﹺﺒﺤ ﺘﺎﹶﻟ ٍﺔ ﹶﻓﺠﻬ ﻮﻣًﺎ ﹺﺑ ﻮﺍ ﹶﻗﻴﺒﺗﺼ ﻮﺍ ﹶﺃ ﹾﻥﻴﻨﺒﺘﺒٍﺄ ﹶﻓﻨﺳ ٌﻖ ﹺﺑ ﻢ ﻓﹶﺎ ﺎ َﺀ ﹸﻛﻮﺍ ﹺﺇ ﹾﻥ ﺟﻣﻨ ﻦ ﺀَﺍ ﻳﺎ ﺍﱠﻟﺬﺎﹶﺃﱡﻳﻬﻳ (6 : )ﺍﳊﺠﺮﺍﺕ.ﲔ ﻣ ﺩ ﺎﻢ ﻧ ﺘﻌ ﹾﻠ ﺎ ﹶﻓﻋﻠﹶﻰ ﻣ
“O you who believe! If an untrustworthy person comes to you with any news/ report, look carefully into it, lest you harm people in ignorance, then be sorry for what you have done. (49:6) 8/18/2007
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:ﻦ ﹺﺇﹾﺛﻢٌ )ﺍﳊﺠﺮﺍﺕ ﺾ ﺍﻟ ﱠﻈ ﻌ ﺑ ﻦ ﹺﺇ ﱠﻥ ﻦ ﺍﻟ ﱠﻈ ﻣ ﺜﲑًﺍﻮﺍ ﹶﻛﺘﹺﻨﺒﺟ ﻮﺍ ﺍﻣﻨ ﻦ ﺀَﺍ ﻳﺎ ﺍﱠﻟﺬﺎﹶﺃﱡﻳﻬﻳ (12 O you who believe! Avoid most of suspicion, for surely suspicion in some cases is a sin. (49:12)
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(b) On societal level: ﺪ ﻳﺤﺪ ﺎ ﺍﹾﻟﺰﹾﻟﻨ ﻧﻭﹶﺃ ﻂ ﺴ ﻘ ﺱ ﺑﹺﺎﹾﻟ ﻨﺎﻡ ﺍﻟ ﻴﻘﹸﻮﻟ ﺍ ﹶﻥﻴﺰﺍﹾﻟﻤﺏ ﻭ ﺎﻜﺘ ﻢ ﺍﹾﻟ ﻌﻬ ﻣ ﺎﺰﹾﻟﻨ ﻧﻭﹶﺃ ﺕ ﺎﻴﻨﺒﺎ ﺑﹺﺎﹾﻟﺳ ﹶﻠﻨ ﺭ ﺎﺳ ﹾﻠﻨ ﺭ ﺪ ﹶﺃ }ﹶﻟ ﹶﻘ {(25)ٌﻋ ﹺﺰﻳﺰ ﻱ ﻪ ﹶﻗ ﹺﻮ ﱞ ﺐ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻴ ﹺ ﻐ ﺑﹺﺎﹾﻟ ﹶﻠﻪﺳﻭﺭ ﻩﺮﻨﺼ ﻳ ﻦ ﻣ ﻪ ﻢ ﺍﻟ ﱠﻠ ﻌ ﹶﻠ ﻴﻟﻭ ﺱ ﺎ ﹺﻠﻨﻊ ﻟ ﻓ ﺎﻣﻨ ﻭ ٌﻳﺪﺷﺪ ٌﺑ ﹾﺄﺱ ﻪ ﻴﻓ .()ﺳﻮﺭﺓ ﺍﳊﺪﻳﺪ
“We verily sent Our messengers with clear proofs, and sent down with them the Book and the balance that men may conduct themselves with equity; and We have made the iron, wherein is mighty power and (many) uses for mankind, and that Allah may know who supports Him and His messengers, though unseen; surely Allah is Strong, Almighty.” (57: 25) 8/18/2007
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1- The book: that refers to the just and perfect laws. 2- The balance: that refers to the knowledge and wisdom of the judge by which he can weigh contradicted pleas and evidences to come out with a just decision. 3- The iron: that refers to power and authority. Usually justice cannot be implemented willingly. It needs to be imposed on wrongdoers and tyrants. 8/18/2007
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Injustice/ Tyranny / Zulm ¾ Placing something not at its proper place ¾ To go beyond the limit of what is morally or legally acceptable ¾ To exceed the limits of our rights/ power/ authority ¾ To cause harm & injury to others.
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:ﻮ ﹶﻥ )ﺍﻟﻌﻨﻜﺒﻮﺕﻟﻤﺎ ﹺﺇﻟﱠﺎ ﺍﻟﻈﱠﺎﺗﻨﺎ ﺑﹺﺂﻳﺤﺪ ﺠ ﻳ ﺎﻭﻣ ﻢ ﻌ ﹾﻠ ﻮﺍ ﺍﹾﻟﻦ ﺃﹸﻭﺗ ﻳﻭ ﹺﺭ ﺍﱠﻟﺬﺻﺪ ﻲﺕ ﻓ ﺎﺑﱢﻴﻨ ﺕ ﺎﻮ ﺀَﺍﻳ ﺑ ﹾﻞ ﻫ (49
Nay, here are Signs self-evident in the hearts of those endowed with knowledge: and none but the unjust reject Our signs. (29:49)
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Consequences of zulm Injustice leads to bankruptcy: When the Messenger of Allah asked: Who is a bankrupt. His companions answered that the bankrupt is one who has no money. He said: “in my Ummah, the bankrupt is that man who would appear on the day of judgment before Allah; he had offered prayer; he had paid Zakat; he had observed fast; 8/18/2007
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but he would have abused somebody, he would have falsely accused some one; he would have unlawfully taken some one else’s property; he would have murdered some one; he would have hit some body. All his virtues would be given to his victims. If his virtues are finished before his wicked deeds are finished, then the sins of the victims would be given to him and he would be thrown into the Hell”. (hadith)
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WEEK 4
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The concept of Birr vs. Ithm Al-birr ( =)اﻟﺒﺮal-khayr (= )ﺍﳋﲑ Virtue, righteousness, goodness, benevolence Al-’ithm ( = )اﻹﺛﻢal=Sharr (=)اﻟﺸﺮ Vice, evil 8/18/2007
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…/… continued • A virtue, from an Islamic perspective, can be defined as: a belief, act or saying that is useful and beneficial to mankind and in compliance with the divine law. • Virtues, in Islam, can be classified under the following categories: 1- Observing the obligations enjoined by Allah (swt) and those acts recommended by Him to be performed. 2- Refraining from those acts and sayings that are prohibited by Allah (swt). 8/18/2007
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…/… continued 3- All acts which are helpful and beneficial to oneself, his family, relatives, human beings and animals. Birr towards oneself Birr towards family and relatives Birr towards community members and humanity Birr towards other creatures Birr towards God the creator of this universe 8/18/2007
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…/… continued A vice (sin) is any belief, act or saying that is harmful to mankind and against the principles of divine law. Vices/sins can be classified under the following categories: 1- Neglect of obligations and duties without legal justification. 2- Commission of prohibited acts and sayings.
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…/… continued 3- Abusing the rights of others and causing undue harm (physical or psychological) to them (any kind of harm which is not in retaliation to another harm or which is necessary to remove evil, tyranny or a greater harm). 4- Taking the property of someone without his consent. ." ﺩﻣﻪ ﻭﻣﺎﻟﻪ ﻭﻋﺮﺿﻪ:"ﻛﻞ ﺍﳌﺴﻠﻢ ﻋﻠﻰ ﺍﳌﺴﻠﻢ ﺣﺮﺍﻡ “The blood, property and honour of a Muslim must be sacred (forbidden) to every other Muslim.” (hadith) 8/18/2007
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…/… continued
Ithm (sharr) towards oneself Ithm (sharr) towards family & relatives Ithm (sharr) towards community members & humanity Ithm (sharr) towards other creatures Ithm (sharr) towards God the creator of this universe 8/18/2007
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Some examples of birr (virtue) 1. Allah's Messenger (saw) said: “A charity is due on every joint of a person, every day the sun rises: Administering of justice between two men is a Charity; And assisting a man to ride upon his beast (vehicle); Helping him load his luggage upon it; 8/18/2007
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…/… Continued And a good word is a charity; Every step that you take towards Prayer is a charity; Removing of harmful things from the pathway is a charity.” (hadith) 2. Allah's Messenger (saw) said: “Never does a Muslim plant trees or cultivate land and birds or a man or a beast eat out of them but that is a charity on his behalf.” (hadith) 8/18/2007
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…/… Continued ﺭﻭﻯ ﻣﺴﻠﻢ ﻋﻦ ﺃﰊ ﺫﺭ ﺃﻥ ﻧﺎﺳﺎ ﻣﻦ ﺃﺻﺤﺎﺏ ﺍﻟﻨﱯ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻗﺎﻟﻮﺍ ﻟﻠﻨﱯ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﰒ ﻳﺎ ﺭﺳﻮﻝ ﺍﷲ ﺫﻫﺐ ﺃﻫﻞ ﺍﻟﺪﺛﻮﺭ ﺑﺎﻷﺟﻮﺭ ﻳﺼﻠﻮﻥ ﻛﻤﺎ ﻧﺼﻠﻲ ﻭﻳﺼﻮﻣﻮﻥ ﻛﻤﺎ ﻧﺼﻮﻡ ﻭﻳﺘﺼﺪﻗﻮﻥ ﺑﻔﻀﻮﻝ ﺃﻣﻮﺍﳍﻢ ﻗﺎﻝ ﺃﻭ ﻟﻴﺲ ﻗﺪ ﺟﻌﻞ ﺍﷲ ﻟﻜﻢ ﻣﺎ ﺗﺼﺪﻗﻮﻥ! ﺇﻥ ﺑﻜﻞ ﺗﺴﺒﻴﺤﺔ ﺻﺪﻗﺔ ﻭﻛﻞ ﺗﻜﺒﲑﺓ ﺻﺪﻗﺔ ﻭﻛﻞ ﲢﻤﻴﺪﺓ ﺻﺪﻗﺔ ﻭﻛﻞ ﻬﺗﻠﻴﻠﺔ ﺻﺪﻗﺔ ﻭﺃﻣﺮ ﺑﺎﳌﻌﺮﻭﻑ ﺻﺪﻗﺔ ﻭﻬﻧﻲ ﻋﻦ ﻣﻨﻜﺮ ﺻﺪﻗﺔ ﻭﰲ ﺑﻀﻊ ﺃﺣﺪﻛﻢ ﺻﺪﻗﺔ ﻗﺎﻟﻮﺍ ﻳﺎ ﺭﺳﻮﻝ ﺍﷲ ﺃﻳﺄﰐ ﺃﺣﺪﻧﺎ ﺷﻬﻮﺗﻪ ﻭﻳﻜﻮﻥ ﻟﻪ ﻓﻴﻬﺎ ﺃﺟﺮ ﻗﺎﻝ ﺃﺭﺃﻳﺘﻢ ﻟﻮ ﻭﺿﻌﻬﺎ ﰲ ﺣﺮﺍﻡ ﺃﻛﺎﻥ ﻋﻠﻴﻪ ﻓﻴﻬﺎ ﻭﺯﺭ ﻓﻜﺬﻟﻚ ﺇﺫﺍ ﻭﺿﻌﻬﺎ ﰲ ﺍﳊﻼﻝ ﻛﺎﻥ ﻟﻪ ﺃﺟﺮ "
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Some examples of ithm (evil) ﻋﻦ ﻋﺒﺪ ﺍﷲ ﺑﻦ ﻣﺴﻌﻮﺩ ﺭﺿﻲ ﺍﷲ ﻋﻨﻪ ﻗﺎﻝ ﻛﻨﺎ ﻣﻊ ﺭﺳﻮﻝ ﺍﷲ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﰲ ﺳﻔﺮ ﻭﻣﺮﺭﻧﺎ ﺑﺸﺠﺮﺓ ﻓﻴﻬﺎ ﻓﺮﺧﺎ ﲪﺮﺓ ﻓﺄﺧﺬﻧﺎﳘﺎ ﻗﺎﻝ ﻓﺠﺎﺀﺕ ﺍﳊﻤﺮﺓ ﺇﱃ ﺭﺳﻮﻝ ﺍﷲ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻭﻫﻲ ﺗﺼﻴﺢ ﻓﻘﺎﻝ ﺍﻟﻨﱯ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻣﻦ ﻓﺠﻊ ﻫﺬﻩ ﺑﻔﺮﺧﻴﻬﺎ ﻗﺎﻝ ﻓﻘﻠﻨﺎ ﳓﻦ ﻗﺎﻝ ﻓﺮﺩﻭﳘﺎ
.1
We were with the Messenger of Allah (peace be upon him) during a journey. He went to ease himself. We saw a bird with her two young ones and we captured her young ones. The bird came and began to spread its wings. The Apostle of Allah (peace be upon him) came and said: “Who grieved this for its young ones? Return its young ones to it.” (hadith) 8/18/2007
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…/… continued
ﻋﺬﺑﺖ ﺍﻣﺮﺃﺓ ﰲ ﻫﺮﺓ ﺳﺠﻨﺘﻬﺎ ﺣﱴ ﻣﺎﺗﺖ ﻓﺪﺧﻠﺖ ﻓﻴﻬﺎ ﺍﻟﻨﺎﺭ ﻻ ﻫﻲ ﺃﻃﻌﻤﺘﻬﺎ ﻭﺳﻘﺘﻬﺎ ﺇﺫ ﺣﺒﺴﺘﻬﺎ. 2 ﻭﻻ ﻫﻲ ﺗﺮﻛﺘﻬﺎ ﺗﺄﻛﻞ ﻣﻦ ﺧﺸﺎﺵ ﺍﻷﺭﺽ
Allah's Messenger (peace be upon him) said: “A woman was punished because of a cat. She had neither provided her with food nor drink, nor set her free so that she might eat the insects of the earth, until it died.” (hadith) 8/18/2007
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…/… Continued ﺏ ﻭﹶﻟ ﻜ ﻦ ﺍﹾﻟﹺﺒ ﺮ ﻣ ﻦ ﺁ ﻣ ﻦ ﺑﹺﺎﻟ ﱠﻠ ﻪ ﻕ ﻭﺍﹾﻟ ﻤ ﻐ ﹺﺮ ﹺ ﺸ ﹺﺮ ﹺ ﺲ ﺍﹾﻟﹺﺒ ﺮ ﹶﺃ ﹾﻥ ﺗ ﻮﻟﱡﻮﺍ ﻭﺟﻮ ﻫ ﹸﻜ ﻢ ﻗﺒ ﹶﻞ ﺍﹾﻟ ﻤ } .3ﹶﻟ ﻴ ﲔ ﻭﺁﺗﻰ ﺍﹾﻟﻤﺎ ﹶﻝ ﻋﻠﹶﻰ ﺣﺒ ﻪ ﹶﺫﻭﹺﻱ ﺍﹾﻟ ﹸﻘ ﺮﺑﻰ ﺏ ﻭﺍﻟﻨﹺﺒﻴ ﻭﺍﹾﻟﻴ ﻮ ﹺﻡ ﺍﻵ ﺧ ﹺﺮ ﻭﺍﹾﻟﻤﻼﺋ ﹶﻜ ﺔ ﻭﺍﹾﻟ ﻜﺘﺎ ﹺ ﺏ ﻭﹶﺃﻗﹶﺎ ﻡ ﺍﻟﺼﻼ ﹶﺓ ﻭﺁﺗﻰ ﲔ ﻭﻓﻲ ﺍﻟ ﺮﻗﹶﺎ ﹺ ﺴﺒﹺﻴ ﹺﻞ ﻭﺍﻟﺴﺎﺋ ﻠ ﲔ ﻭﺍﺑ ﻦ ﺍﻟ ﻭﺍﹾﻟﻴﺘﺎﻣﻰ ﻭﺍﹾﻟ ﻤﺴﺎ ﻛ ﲔ ﻀﺮﺍ ِﺀ ﻭ ﺣ ﺍﻟ ﺰﻛﹶﺎ ﹶﺓ ﻭﺍﹾﻟﻤﻮﻓﹸﻮ ﹶﻥ ﹺﺑ ﻌ ﻬ ﺪ ﻫ ﻢ ﹺﺇﺫﹶﺍ ﻋﺎ ﻫﺪﻭﺍ ﻭﺍﻟﺼﺎﹺﺑﺮﹺﻳ ﻦ ﻓﻲ ﺍﹾﻟﺒ ﹾﺄﺳﺎ ِﺀ ﻭﺍﻟ ﻚ ﻫ ﻢ ﺍﹾﻟ ﻤﺘﻘﹸﻮ ﹶﻥ)) {(177ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ(. ﺻ ﺪﻗﹸﻮﺍ ﻭﺃﹸ ﻭﹶﻟﺌ ﻚ ﺍﱠﻟﺬﻳ ﻦ ﺱ ﺃﹸ ﻭﹶﻟﺌ ﺍﹾﻟﺒ ﹾﺄ ﹺ
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• It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, 8/18/2007 94 the Allah-fearing.
…/… Continued 9 “It is not righteousness that you turn your faces (in prayer) towards East or West…” (2:177) 1. Avoid superficial concepts and rituals, lifeless formalities and non-effective beliefs. Righteousness is not merely a matter of void utterances. It must be founded on strong Iman and constant practice.
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…/… Continued ﻦ ﻜ ﻭﹶﻟ ﺎﻬﻮ ﹺﺭﻫ ﻦ ﹸﻇ ﻣ ﺕ ﻮﺒﻴﻮﺍ ﺍﹾﻟﺗ ﹾﺄﺗ ﺲ ﺍﹾﻟﹺﺒ ﱡﺮ ﹺﺑﹶﺄ ﹾﻥ ﻴﻭﹶﻟ ﺤ ﱢﺞ ﻭﺍﹾﻟ ﺱ ﺎ ﹺﻠﻨ ﻟﻴﺖﺍﻗﻣﻮ ﻲ ﻫ ﺔ ﹸﻗ ﹾﻞ ﻫﻠﱠ ﻋ ﹺﻦ ﺍﹾﻟﹶﺄ ﻚ ﻧﺴﹶﺄﻟﹸﻮ ﻳ 9 (189)ﻮ ﹶﻥﻠﺤﺗ ﹾﻔ ﻢ ﻌﻠﱠﻜﹸ ﻪ ﹶﻟ ﺗﻘﹸﻮﺍ ﺍﻟﻠﱠﺍﺎ ﻭﺍﹺﺑﻬﺑﻮﻦ ﹶﺃ ﻣ ﺕ ﻮﺒﻴﻮﺍ ﺍﹾﻟﻭﹾﺃﺗ ﺗﻘﹶﻰﻣ ﹺﻦ ﺍ ﺮ ﺍﹾﻟﹺﺒ
9 “…It is no virtue if you enter your houses from the back: it is virtue if you fear Allah. Enter houses through the proper doors: and fear Allah: that you may prosper. ¾ To avoid imposing hardship on oneself and innovating bid‘a. 9 “but it is righteousness to believe in Allah and the Last Day, and the Angels and the Book, and the Messengers …” (2: 177) 2. One’s iman (faith) should be true and sincere. 8/18/2007
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…/… continued 9 “… to spend of your wealth – in spite of your love for it – for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves…” (2: 177) (({ )ﺁل ﻋﻤﺮان92)ﻋﻠِﻴ ٌﻢ َ ن اﻟﱠﻠ َﻪ ِﺑ ِﻪ ﻲ ٍء َﻓ ِﺈ ﱠ ْ ﺷ َ ﻦ ْ ن َو َﻣﺎ ُﺗ ْﻨ ِﻔﻘُﻮا ِﻣ َ ﺤﺒﱡﻮ ِ ﺣﺘﱠﻰ ُﺗ ْﻨ ِﻔﻘُﻮا ِﻣﻤﱠﺎ ُﺗ َ ﻦ َﺗﻨَﺎﻟُﻮا ا ْﻟ ِﺒ ﱠﺮ ْ } َﻟ
9 “By no means shall you attain righteousness unless you give (freely) of that which you love; and whatever thing you spend, Allah is aware thereof.” (3: 92)
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…/… continued 3. One must be prepared to show this iman (faith) in deeds of charity and kindness to their relatives and fellow man. 9 “… to be steadfast in prayer and practice regular charity;” 4. To fulfil religious obligations 9 “…to fulfill the contracts which you have made;” 5. Respect other’s rights and honour one’s words 8/18/2007
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…/… continued 9 “… and to be firm and patient, in pain and adversity, and throughout all periods of panic...” (2: 177) 6. One must be patient and unshakable in all circumstances.
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Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar (enjoining virtues and forbidding evil) {(110) ﻪ ﻮ ﹶﻥ ﺑﹺﺎﻟ ﱠﻠﻣﻨ ﺆ ﺗﻭ ﻨ ﹶﻜ ﹺﺮﻦ ﺍﹾﻟﻤ ﻋ ﻮ ﹶﻥ ﻬ ﻨ ﺗﻭ ﻑ ﻭﻌﺮ ﻤ ﻭ ﹶﻥ ﺑﹺﺎﹾﻟﻣﺮ ﺗ ﹾﺄ ﺱ ﺎ ﹺﻠﻨﺖ ﻟ ﺟ ﺧ ﹺﺮ ﻣ ٍﺔ ﺃﹸ ﺮ ﺃﹸ ﻴ ﺧ ﻢ ﺘﻨ } ﹸﻛ ()ﺳﻮﺭﺓ ﺁﻝ ﻋﻤﺮﺍﻥ
“You are the best of the nations raised up for (the benefit of) men; you enjoin what is right and forbid the wrong and believe in Allah.” (3: 110) 8/18/2007
100
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parts al-'amru bil ma'ruf al-nahyu 'an al-munkar changing munkar 8/18/2007
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Al-‘amru bil ma‘ruf Al-‘amr:
to invite to, to encourage, to promote, to spread, to command, to enforce.
Al-ma‘ruf: acceptable Al-Birr, al-Khayr, virtue, goodness Al-‘amru bil ma‘ruf Inviting people to do goodness Spreading & promoting virtues Enforcing goodness Al-‘amru bil ma‘ruf = Da’wah = advice 8/18/2007
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al-nahyu ‘an al-munkar Al-nahy:
to discourage, to advise not to do sth., to prevent, to prohibit Al-munkar: disagreeable evil, vice al-nahyu ‘an al-munkar: To discourage/ advise not to do Evil/Indecency To prevent/ combat
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103
Levels of Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar
Society Friends & relatives Family
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Means & ways of Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar Model Verbal Writing Media
8/18/2007
= by being a model of Islamic morals & values = words, advice = newspaper, magazine, books, novels, cartoons, etc. = all programmes that promote virtues and goodness, and combat evil and indecency. 105
Changing Munkar
ﺖ– ﺳ ِﻤ ْﻌ ُ ﺳﻌِﻴ ٍﺪ اﻟﺨﺪري ﻗﺎلَ : روى ﻣﺴﻠﻢ ﻋﻦ أﺑﻲ َ ﻦ َرأَى ﺳﱠﻠ َﻢ َﻳﻘُﻮ ُلَ :ﻣ ْ ﻋ َﻠ ْﻴ ِﻪ َو َ ﺻﻠﱠﻰ اﻟﻠﱠﻪ َ َرﺳُﻮ َل اﻟﱠﻠ ِﻪ َ ﻄ ْﻊ َﻓ ِﺒ ِﻠﺴَﺎ ِﻧﻪِ، ﺴ َﺘ ِ ن َﻟ ْﻢ َﻳ ْ ِﻣ ْﻨ ُﻜ ْﻢ ُﻣ ْﻨ َﻜﺮًا َﻓ ْﻠ ُﻴ َﻐﻴﱢ ْﺮ ُﻩ ِﺑ َﻴ ِﺪﻩَِ ،ﻓ ِﺈ ْ ن" )آﺘﺎب ﻒ اﻹِﻳﻤَﺎ ِ ﺿ َﻌ ُ ﻚ َأ ْ ﻄ ْﻊ َﻓ ِﺒ َﻘ ْﻠ ِﺒ ِﻪ َو َذ ِﻟ َ ﺴ َﺘ ِ ن َﻟ ْﻢ َﻳ ْ َﻓ ِﺈ ْ اﻹﻳﻤﺎن(.
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…/… Continued “He who amongst you sees something abominable should modify it with the help of his hand; and if he has not strength enough to do it, then he should do it with his tongue, and if he has not strength enough to do it, even then he should abhor it from his heart, and that is the least of faith.” (hadith)
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Whose duty is it? ﻢ ﻫ ﻚ ﺌﻭﺃﹸﻭﹶﻟ ﻨ ﹶﻜ ﹺﺮ ﻋ ﹺﻦ ﺍﹾﻟﻤ ﻮ ﹶﻥ ﻬ ﻨ ﻳﻭ ﻑ ﻭﻌﺮ ﻤ ﻭ ﹶﻥ ﺑﹺﺎﹾﻟﻣﺮ ﻳ ﹾﺄﻭ ﻴ ﹺﺮ ﺨ ﻮ ﹶﻥ ﹺﺇﻟﹶﻰ ﺍﹾﻟﺪﻋ ﻳ ﻣﺔﹲ ﻢ ﹸﺃ ﻨ ﹸﻜ ﻣ ﻦ ﺘ ﹸﻜﻭﹾﻟ } (({ )ﺁﻝ ﻋﻤﺮﺍﻥ104)ﻮ ﹶﻥﻠﺤ ﻤ ﹾﻔ ﺍﹾﻟ
“And there may spring from you a nation who invite to goodness, and enjoin right conduct and forbid indecency. Such are the ones to attain felicity.” (3: 104)
Hisba = a task force for changing with combating munkar, corruption, ensuring justice: Communal duty
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The Quranic sense of the concept = 3 levels Individual responsibility {(110) ﻪ ﻮ ﹶﻥ ﺑﹺﺎﻟ ﱠﻠﻣﻨ ﺆ ﺗﻭ ﻨ ﹶﻜ ﹺﺮﻦ ﺍﹾﻟﻤ ﻋ ﻮ ﹶﻥ ﻬ ﻨ ﺗﻭ ﻑ ﻭﻌﺮ ﻤ ﻭ ﹶﻥ ﺑﹺﺎﹾﻟﻣﺮ ﺗ ﹾﺄ ﺱ ﺎ ﹺﻠﻨﺖ ﻟ ﺟ ﺧ ﹺﺮ ﻣ ٍﺔ ﺃﹸ ﺮ ﺃﹸ ﻴ ﺧ ﻢ ﺘﻨ } ﹸﻛ ()ﺳﻮﺭﺓ ﺁﻝ ﻋﻤﺮﺍﻥ
“You are the best of the nations raised up for (the benefit of) men; you enjoin what is right and forbid the wrong and believe in Allah.” (3: 110)
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ﻮ ﹶﻥﻴﻤﻳﻘﻭ ﻨ ﹶﻜ ﹺﺮ ﻋ ﹺﻦ ﺍﹾﻟﻤ ﻮ ﹶﻥ ﻬ ﻨ ﻳﻭ ﻑ ﻭﻌﺮ ﻤ ﻭ ﹶﻥ ﺑﹺﺎﹾﻟﻣﺮ ﻳ ﹾﺄ ﺾ ﻌ ﹴ ﺑ ﺎ ُﺀﻟﻴﻭ ﻢ ﹶﺃ ﻬﻌﻀ ﺑ ﺕ ﺎﻣﻨ ﺆ ﻤ ﺍﹾﻟﻮ ﹶﻥ ﻭﻣﻨ ﺆ ﻤ ﺍﹾﻟﻭ (71)ٌﻴﻢﺣﻜ ٌﻋﺰﹺﻳﺰ ﻪ ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺍﻟ ﱠﻠﻢﻬﺣﻤ ﺮ ﻴﺳ ﻚ ﺌﻪ ﺃﹸﻭﹶﻟ ﻮﹶﻟﺭﺳ ﻭ ﻪ ﻮ ﹶﻥ ﺍﻟ ﱠﻠﻴﻌﻄﻭﻳ ﺰﻛﹶﺎ ﹶﺓ ﻮ ﹶﻥ ﺍﻟﺆﺗ ﻳﻭ ﺼﻠﹶﺎ ﹶﺓ ﺍﻟ
The Believers, men and women, are protectors, one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His Messenger. On them will Allah pour His Mercy: for Allah is Exalted in power, Wise. (9: 71)
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The role of Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar 1-
A constant reminder for Muslims To help each other to follow the guidance of Allah, and keep on the right path. (({ )ﺍﻟﺬﺍﺭﻳﺎﺕ55)ﲔ ﻣﹺﻨ ﺆ ﺍﹾﻟﻤﻨ ﹶﻔﻊ ﺗ ﻯﺮ ﹶﻓﹺﺈ ﱠﻥ ﺍﻟ ﱢﺬ ﹾﻛﺮ ﻭ ﹶﺫ ﱢﻛ }
“And continue to remind, for surely the reminder benefits the believers.” (51: 55)
{(3)ﺒ ﹺﺮ ﺼ ﺍ ﹺﺑﺎﻟﺻﻮ ﺍﺗﻮﻭ ﻖ ﺤ ﺍ ﺑﹺﺎﹾﻟﺻﻮ ﺍﺗﻮﻭ ﺕ ﺎﻟﺤﺎﻤﻠﹸﻮﺍ ﺍﻟﺼ ﻋ ﻭ ﻮﺍﻣﻨ ﻦ ﺀَﺍ ﻳ( ﹺﺇ ﱠﻻ ﺍﱠﻟﺬ2) ﺴ ﹴﺮ ﻲ ﺧﺎ ﹶﻥ ﹶﻟﻔﻧﺴ( ﹺﺇ ﱠﻥ ﺍ ِﻹ1) ﺼ ﹺﺮ ﻌ ﺍﹾﻟ}ﻭ
“I swear by the time, most surely man is in loss, save those who believe and do good works, and exhort one another to truth and exhort one another to endurance.” (103: 1-3) 8/18/2007
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2-
To safeguard the corruption & evil
A way for: - Social - Moral - Political
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society
against
change
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Why should we care about the society? To protect ourselves & families "The example of the people abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others)… 8/18/2007
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so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe.“(hadith) People with good morality
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3- To avoid Allah’s punishment .(({ )ﺍﻷﻧﻔﺎﻝ25)ﺏ ﻌﻘﹶﺎ ﹺ ﺪ ﺍﹾﻟ ﻳﺷﺪ ﻪ ﻮﺍ ﹶﺃ ﱠﻥ ﺍﻟ ﱠﻠﻋ ﹶﻠﻤ ﺍﺻ ﹰﺔ ﻭ ﺎﻢ ﺧ ﻨ ﹸﻜ ﻣ ﻮﺍﻦ ﹶﻇ ﹶﻠﻤ ﻳﻦ ﺍﱠﻟﺬ ﺒﻴﺗﺼ ﻨ ﹰﺔ ﻻﺘ ﻓ ﺗﻘﹸﻮﺍﺍ}ﻭ
And guard yourselves against a punishment which cannot fall exclusively on those of you who are wrongdoers, and know that Allah is severe in punishment. (8: 25)
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The prophet is reported to have said: "By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right… Or Allah will mingle your hearts together and curse you as He cursed them.“(hadith)
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Abu Bakar said: You people recite this verse "You who believe, care for yourselves; he who goes astray cannot harm you when you are rightly-guided," (5: 105) and put it in its improper place. I heard the Prophet (saw) saying: When people see a wrongdoer and do not prevent him, Allah will soon punish them all.”
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4- Salvation of mankind ({ )ﺳﻮﺭﺓ110) ﻪ ﻮ ﹶﻥ ﺑﹺﺎﻟ ﱠﻠﻣﻨ ﺆ ﻭﺗ ﻨ ﹶﻜ ﹺﺮﻦ ﺍﹾﻟﻤ ﻋ ﻮ ﹶﻥ ﻬ ﻨ ﺗﻭ ﻑ ﻭﻌﺮ ﻤ ﻭ ﹶﻥ ﺑﹺﺎﹾﻟﻣﺮ ﺗ ﹾﺄ ﺱ ﺎ ﹺﻠﻨﺖ ﻟ ﺟ ﺧ ﹺﺮ ﻣ ٍﺔ ﺃﹸ ﺮ ﺃﹸ ﻴ ﺧ ﻢ ﺘﻨ } ﹸﻛ (ﺁﻝ ﻋﻤﺮﺍﻥ
“You are the best of the nations raised up for the benefit of mankind; you enjoin what is right and forbid the wrong and believe in Allah.” (3: 110)
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What should we do if people are not listening? ﻢ ﻌ ﱠﻠﻬ ﻭﹶﻟ ﻢ ﺑ ﹸﻜﺭ ﺭ ﹰﺓ ﹺﺇﻟﹶﻰ ﺬ ﻌ ﻣ ﻳﺪًﺍ ﻗﹶﺎﻟﹸﻮﺍﺷﺪ ﻋﺬﹶﺍﺑًﺎ ﻢ ﻬﻌ ﱢﺬﺑ ﻭ ﻣ ﻢ ﹶﺃ ﻠﻜﹸﻬ ﻬ ﻣ ﻪ ﻮﻣًﺎ ﺍﻟ ﱠﻠ ﻌﻈﹸﻮ ﹶﻥ ﹶﻗ ﺗ ﻢ ﻟ ﻢ ﻬ ﻨ ﻣ ﻣﺔﹲ ﺖ ﹸﺃ ﻭﹺﺇ ﹾﺫ ﻗﹶﺎﹶﻟ (( )ﺍﻷﻋﺮﺍﻑ164)ﺘﻘﹸﻮ ﹶﻥﻳ
“… a group of them said: Why do you preach to a people whom Allah will destroy or visit with a terrible punishment?" The preachers said : "To discharge our duty to our Lord, and perchance they may fear Him." (7: 164) 8/18/2007
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Is this concept against personal freedom? Islam does allow interference in personal affairs of others. What if “personal affairs” are violating the rights of: Allah Society Individuals? Personal freedom is always limited 8/18/2007
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When you commit munkar alone, without violating the rights of others, it might be your personal affairs ¾ When you violate the rights of others ¾ Commit munkar/ indecency openly
- No more personal affairs - Injure their feeling - Challenge their religious & moral responsibility
- Encourage people to do evil
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• “Your right to swing your arm ends where your arm meets someone else's nose”
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ﻪ ﺍﻟ ﱠﻠﺓ ﻭ ﺮ ﺧ ﺍﻵﺎ ﻭﻧﻴﻲ ﺍﻟ ﱡﺪﻴﻢٌ ﻓﻋﺬﹶﺍﺏٌ ﹶﺃﻟ ﻢ ﻬ ﻮﺍ ﹶﻟﻣﻨ ﻦ ﺁ ﻳﻲ ﺍﱠﻟﺬﺸﺔﹸ ﻓ ﺣ ﻊ ﺍﹾﻟﻔﹶﺎ ﻴﺗﺸ ﺤﺒﱡﻮ ﹶﻥ ﹶﺃ ﹾﻥ ﻳ ﻦ ﻳﹺﺇ ﱠﻥ ﺍﱠﻟﺬ (( )ﺍﻟﻨﻮﺭ19)ﻮ ﹶﻥﻌ ﹶﻠﻤ ﺗ ﻢ ﻻ ﺘﻧﻭﹶﺃ ﻌ ﹶﻠﻢ ﻳ
Those who like to see scandals and indecency broadcast/ spread among the believers, will have a grievous penalty in this life and in the Hereafter. Allah knows, and you do not know. (24: 19)
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How should it be practiced? ¾ In an impressive & convincing manner ¾ In a wise way, so that it may not: - make people feel offended - lead to a greater evil
ﻋ ﹶﻠﻢ ﻮ ﹶﺃ ﻚ ﻫ ﺑﺭ ﹺﺇ ﱠﻥﺴﻦ ﺣ ﻲ ﹶﺃ ﻫ ﻲﻢ ﺑﹺﺎﱠﻟﺘ ﻬ ﺩﹾﻟ ﺎﻭﺟ ﺔ ﻨﺴ ﺤ ﺔ ﺍﹾﻟ ﻋ ﹶﻈ ﻮ ﻤ ﺍﹾﻟﺔ ﻭ ﻤ ﺤ ﹾﻜ ﻚ ﺑﹺﺎﹾﻟ ﺑﺭ ﺳﺒﹺﻴ ﹺﻞ ﻉ ﹺﺇﻟﹶﻰ ﺩ ﺍ (( )ﺍﻟﻨﺤﻞ125)ﻦ ﻳﺘﺪﻬ ﻤ ﺑﹺﺎﹾﻟﻋ ﹶﻠﻢ ﻮ ﹶﺃ ﻭﻫ ﻪ ﻠ ﺳﺒﹺﻴ ﻦ ﻋ ﺿ ﱠﻞ ﻦ ﻤ ﹺﺑ
Invite to the way of the Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious; for the Lord knows best, who have strayed from His path, and who receive guidance. (16: 125)
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¾ To avoid words-deeds inconsistency (( )ﺍﻟﺼﻒ3)ﻌﻠﹸﻮ ﹶﻥ ﺗ ﹾﻔ ﺎ ﻟﹶﺎﺗﻘﹸﻮﻟﹸﻮﺍ ﻣ ﻪ ﹶﺃ ﹾﻥ ﺪ ﺍﻟﻠﱠ ﻨﻋ ﻣ ﹾﻘﺘًﺎ ﺮ ( ﹶﻛﺒ2)ﻌﻠﹸﻮ ﹶﻥ ﺗ ﹾﻔ ﺎ ﻟﹶﺎﺗﻘﹸﻮﻟﹸﻮ ﹶﻥ ﻣ ﻢ ﻟ ﻮﺍﻣﻨ ﻦ َﺁ ﻳﺎ ﺍﱠﻟﺬﺎﹶﺃﱡﻳﻬﻳ
O ye who believe! Why say ye that which ye do not? Grievously odious is it in the sight of Allah that ye say that which ye do not. (61: 2-3)
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Can one punish the offenders? • • •
preventing an offence or evil from taking place, stopping it, and punishing the offender.
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WEEK 5 Family Ethics
The Institution of family in Islam • Family is the basic unit of society, therefore Islam lays great emphasis on the family system and its values. The basis of family is marriage. Islam prescribes rules to regulate family life so that both the spouses can live in tranquility, security and love.
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• Marriage in Islam has aspects of `ibadah (worship) of Allah (God) in the sense that it is in accordance with His commandments that a husband and wife should love and help each other and rear their children to become true servants of Allah (God). Unlike some other religions that consider celibacy a great virtue and a means of salvation, Islam considers marriage to be one of the most virtuous and approved institutions 8/18/2007
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Family in Islam: Basic Principles 1. Family as a Divinely-inspired institution – the family and marriage relationship permeated with tranquility, love and mercy and has been described as ‘one of the signs of God’ 8/18/2007
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– Marriage is among the signs of God's power and blessings. The Qur'an says, "And among His signs is that He has created for you spouses from among yourselves so that you may live in tranquility with them; and He has created love and mercy between you. Verily, in that are signs for those who reflect.“ (30:21 ) – Commended as the way of the Prophet “marriage is part of my Sunnah – whoever runs away from my path, is not from amongst us.” 8/18/2007
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2. Faith and family – faith constitutes the bedrock for the institution of the family… a Muslim is not permitted to marry a non-Muslim – inheritance is not allowed when both parties do not share the same faith. 8/18/2007
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3. Family institution as ‘a social contract’, and not ‘a divine contract’. In the Qur`ān marriage is referred to as ‘ ﻣﻴﺜﺎﻗﺎ ( ”ﻏﻠﻴﻈﺎstrong covenant) 4. The only legitimate way to establish family is through a proper marriage. 8/18/2007
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Relationship between men & women - No intimate relationship between men and women only through the way of marriage
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Measures to avoid intimate relationship outside the bond of marriage 1- Prohibition of looking with desire at the opposite gender
2- People should dress properly 3- Prohibition of excessive beautification 4- Prohibition of khalwah 5- Prohibition of boyfriends, girlfriends
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1- Prohibition of looking with desire at the opposite gender (({ )ﺳﻮﺭﺓ ﺍﻟﻨﻮﺭ30).. ﻢ ﻬ ﺟ ﻭﺤ ﹶﻔﻈﹸﻮﺍ ﹸﻓﺮ ﻳﻭ ﻢ ﻫ ﺎ ﹺﺭﺑﺼﻦ ﹶﺃ ﻣ ﻐﻀﱡﻮﺍ ﻳ ﲔ ﻣﹺﻨ ﺆ ﻟ ﹾﻠﻤ } ﹸﻗ ﹾﻞ “Say to the believing men that they lower their looks and guard their private parts; that is purer for them; surely Allah is aware of what they do.” (24: 30)
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{(31)...ﻦ ﻬ ﺟ ﻭﻦ ﹸﻓﺮ ﺤ ﹶﻔ ﹾﻈ ﻳﻭ ﻦ ﻫ ﺎ ﹺﺭﺑﺼﻦ ﹶﺃ ﻣ ﻦ ﻀ ﻀ ﻐ ﻳ ﺕ ﺎﻣﻨ ﺆ ﻤ ﻟ ﹾﻠ ﻭ ﹸﻗ ﹾﻞ } ()ﺳﻮﺭﺓ ﺍﻟﻨﻮﺭ “And say to the believing women that they lower their looks and guard their private parts …” (24: 30-31)
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2- People should dress properly The use of clothes: - Protection: (16: 81) - Cover ‘awrah: - Beautification: 7: 31
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What is a proper dress? a) It must cover the ‘awrah properly It is prohibited for a Muslim to expose his/ her ‘awrah to others, as it is prohibited to look at the ‘awrah of someone. “A man should not look at the ‘awrah of another man, nor a woman of a woman, nor should a man go under one cloth with another man, nor a woman with another woman.” (hadith) 8/18/2007
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The limits of ‘awrah: - For a man: from his naval to his knee. - For a woman: with respect to a man who is not her mahram is her entire body except her face and hands. with respect to a man who is her mahram (except the husband) it does not include the following parts: hair, ears, neck, upper part of the chest, arms and legs. 8/18/2007
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Other parts from the knees to the beginning of the upper part of the chest are ‘awrah and should not be exposed before anyone, man or woman except her husband. - Headscarf must cover the bosom :{ )ﺍﻟﻨﻮﺭ... ﻦ ﺘﻬﻨﻦ ﺯﹺﻳ ﻳﺒﺪ ﻳ ﻻﻦ ﻭ ﻮﹺﺑ ﹺﻬﺟﻴ ﻋﻠﹶﻰ ﻦ ﻫ ﹺﺮﻤﻦ ﹺﺑﺨ ﺑﻀ ﹺﺮ ﻴﻭﹾﻟ ﺎﻨﻬ ﻣ ﺮ ﻬ ﺎ ﹶﻇﻦ ﹺﺇ ﱠﻻ ﻣ ﺘﻬﻨﻦ ﺯﹺﻳ ﻳﺒﺪ ﻳ ﻻ ﻭ...} (31
“… and do not display their ornaments except what appears thereof, and let them wear their head-coverings over their bosoms, and not display their ornaments…” (24: 31) 8/18/2007
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b) It must not be transparent, revealing what is underneath it. In one hadith the Prophet (saw) says: “Two are the types of the dwellers of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would be inclined (to evil) and make people incline towards it… 8/18/2007
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Their hair styled like the humps of camels inclined to one side. They will not enter Paradise and they would not smell its odour whereas its odour would be smelt from such and such distance.” (hadith)
c) It must be loose and not tight-fitting so as to define the parts of his/ her body.
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This type of clothes fall under the previous hadith “dressed but yet naked”. Jeans and other types of trousers worn with sweaters, sweatshirts or T-shirts are considered un-Islamic and it is prohibited for a Muslim woman to wear them outside even during free time. d) It should not be specifically designed for the opposite gender.
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The Prophet (saw) cursed women who try to resemble men and men who try to resemble women, and prohibited women from wearing men’s clothes and vice versa. e) It should not be specifically designed for non-Mulims (as required by their religion, tradition, or culture). It does not apply to those clothes which are common among people and don’t carry any religious or cultural specifications. 8/18/2007
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The Prophet (saw) said: “Whoever imitates a people is one of them.” (hadith) f) Men should not use gold and pure silk.
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3) Prohibition of excessive beautification
- Excessive beautification is that which is used to tease people and excite them - Makeup - Strong perfume - Sexy clothes 8/18/2007
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(31 :ﻦ{ )ﺍﻟﻨﻮﺭ ﺘ ﹺﻬﻨﻦ ﺯﹺﻳ ﻣ ﲔ ﻔ ﺨ ﺎ ﻳﻢ ﻣ ﻌ ﹶﻠ ﻟﻴ ﻦ ﻠ ﹺﻬ ﺭﺟ ﻦ ﹺﺑﹶﺄ ﺑﻀ ﹺﺮ ﻳ ﻻ}ﻭ
“…and let them not strike their feet so that what they hide of their ornaments may be known …” (24: 31) “Any woman who puts perfume and passes by people to smell her odour is sinful (like one who committed adultery)”. (hadith)
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4- Prohibition of khalwah Khalwah means: a man and a woman who are outside the degree of mahram being alone together in a place in which there is no fear of intrusion by anyone else. The term “mahram” denotes a relationship either by close blood ties or by marriage of such degree that marriage is permanently prohibited. A mahram is: husband, any male relative with whom marriage is permanently prohibited (father, grandfather, son, brother, uncle or nephew). 8/18/2007
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“Whoever believes in Allah and the Last Day must never be in privacy with a woman without there being a mahram (of hers) with her, for otherwise Satan will be the third person with them” (hadith) “Beware of entering where women are”. A man from the Ansar asked: “O Messenger of Allah, what about the in-law?” He replied: “The in-law is death.” (hadith) 8/18/2007
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5- Prohibition of boyfriends, girlfriends - It is against the prohibition of looking with desire at the opposite sex - It entails privacy (khalwah) - This practice is automatically accompanied by having romance or even sex. The alternative for boy/girl-friend - Khitbah (promise/ informal engagement) - Marriage contract (formal engagement) - Consummation of marriage (wedding ceremony) 8/18/2007
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Marriage Criteria of selecting spouses 1- Religion and good character: “One may choose a woman as a wife for the following reasons or for some of them: her wealth, her family status, her beauty, and her religion. So you should marry the religious woman otherwise you will be a loser.” (hadith) 8/18/2007
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“When someone with whose religion and character you are satisfied asks for your daughter in marriage, accede to his request. If you do not do so there will be corruption and great evil on the earth.” (hadith)
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2- Compatibility: compatibility in respect of lifestyle, character, way of thinking, social and economic status, and education should be the second criterion for selecting a spouse. - social/ economic status - Education - Age - Lifestyle, way of life 3- Realism and moderation in expectations
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Foundations of marriage contract 1- It must be permanent as humanly as possible: “Do not divorce women only for genuine reasons, for Allah does not like those who are ‘tasters’ who enjoy one partner for a while then shift to another, and so on.” (hadith)
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2- Mutual consent: any decision of marriage should be based on mutual consent of both sides: husband and wife.
“A woman who has been previously married (a divorced woman) has more right concerning her person than her guardian, and a virgin woman must be consulted about herself, her consent being her silence.” (hadith)
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“A man during the lifetime of the Prophet (saw) married his daughter, without her consent, to his nephew only for the sake of improving his social status. When she complained to the Prophet (saw) about that, the Prophet (saw) gave her the choice between endorsing and rejecting her father’s decision. Then she said: I endorse what my father had done, but I want women to know that fathers have no right to force their daughters to marry without their consent.” 8/18/2007
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3- Reasonable dowry: “The most blessed wives are those whose dowry is affordable.” (hadith)
4- Equal rights and obligations
{(228)ٌﻴﻢﺣﻜ ٌﻋﺰﹺﻳﺰ ﺍﻟ ﱠﻠﻪﺟﺔﹲ ﻭ ﺭ ﺩ ﻦ ﻴ ﹺﻬ ﻋ ﹶﻠ ﺎ ﹺﻝﺮﺟ ﻠﻭﻟ ﻑ ﻭﻌﺮ ﻤ ﻦ ﺑﹺﺎﹾﻟ ﻴ ﹺﻬ ﻋ ﹶﻠ ﻱﻣ ﹾﺜﻞﹸ ﺍﱠﻟﺬ ﻦ ﻭﹶﻟﻬ } ()ﺍﻟﺒﻘﺮﺓ
“…They have rights similar to those against them (rights of husband) in a just manner, and the men are a degree above them (external authority in the household), and Allah is Mighty, Wise.” (2: 228) 8/18/2007
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Mutual rights and obligations 1. To help each other to follow the right way and practice Islam and safeguard him/her against evil and sins. ﺋ ﹶﻜﺔﹲﻼﺎ ﻣﻴﻬ ﻋ ﹶﻠ ﺭ ﹸﺓ ﺎﺤﺠ ﺍﹾﻟﺱ ﻭ ﺎﺎ ﺍﻟﻨﺩﻫ ﻭﻗﹸﻮ ﺎﺭًﺍﻢ ﻧ ﻴ ﹸﻜﻫﻠ ﻭﹶﺃ ﻢ ﺴﻜﹸ ﻮﺍ ﻗﹸﻮﺍ ﺃﹶﻧﻔﹸﻣﻨ ﻦ ﺁ ﻳﺎ ﺍﱠﻟﺬﺎ ﹶﺃﱡﻳﻬ}ﻳ (({ )ﺍﻟﺘﺤﺮﱘ6)ﻭ ﹶﻥﻣﺮ ﺆ ﻳ ﺎﻌﻠﹸﻮ ﹶﻥ ﻣ ﻳ ﹾﻔﻭ ﻢ ﺮﻫ ﻣ ﺎ ﹶﺃﻪ ﻣ ﻮ ﹶﻥ ﺍﻟ ﱠﻠﻌﺼ ﻳ ﺍﺩٌ ﻻﺷﺪ ﻼﻅﹲﻏ
“O you who believe! save yourselves and your families from a fire whose fuel is people and stones, over which are set angels strong, severe, who do not disobey the commands they receive from Allah, but do what they are commanded.” (66: 6) 8/18/2007
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2. To be kind, understanding, forgiving, and treat the other side in a tender and loving manner. ﻢ ﻛﹸﻴﺮ ﺧ ﻢ ﻛﹸﻴﺮ ﺧ : :ﻢ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻪ ﻮ ﹸﻝ ﺍﻟ ﱠﻠﺭﺳ ﻗﹶﺎ ﹶﻝ:ﺖ ﺸ ﹶﺔ ﻗﹶﺎﹶﻟ ﺋﺎﻦ ﻋ ﻋ .( ﻛﺘﺎﺏ ﺍﻟﻨﻜﺎﺡ:ﻲ" )ﺳﻨﻦ ﺍﻟﺘﺮﻣﺬﻱﻫﻠ ﻢ َﻷ ﻛﹸﻴﺮ ﺧ ﺎﻭﹶﺃﻧ ﻪ ﻠ ﻫ َﻷ “The best of you are those who are best to their families, and I am the best to my family.” (hadith)
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3. Focus on positive aspects and appreciate them. Avoid focusing on negative ones and try to tolerate them. “A believer should not hate his wife merely because she has some negative points. If he finds some disagreeable things in her character, he will appreciate a lot of her good morals.” (hadith) 4. Every side has to avoid any extramarital intimate relationship, or such relations that may cast suspicion on his/her behaviour. 8/18/2007
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5. To meet the psychological and physical needs of the other side.
Duties towards children 1- Selection of good parents 2- Right to legitimacy: legitimate father and mother, prohibition of legal adoption: the right of the child to retain his original family’s name and to know his real parents. 8/18/2007
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3- Right to life (prohibition of infanticide, abortion) 4- Right to equal life chances (no discrimination between male and female) 5- Right to general care: material, spiritual, and educational/ intellectual.
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WEEK 6
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Legal Ethics Legal ethics are the principles of conduct that members of the profession are expected to observe in the practice of law. - Judges - Public prosecutors - Lawyers 8/18/2007
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1. Judges Who can be qualified as a judge? - A judge must be a conscientious person who is self-determined to serve justice and protect the rights of people. - A knowledgeable person who has acquired all the requisites of being a judge.
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ﺤ ﻖ ﹶﻓ ﻌ ﻠ ﻢ ﺫﹶﺍ ﻙ ﺠﻨ ﺔ .ﺭ ﺟﻞﹲ ﹶﻗﻀﻰ ﹺﺑ ﻐ ﻴ ﹺﺮ ﺍﹾﻟ ﺽ ﻓﻲ ﺍﹾﻟ ﺿﻴﺎ ﻥ ﻓﻲ ﺍﻟﻨﺎ ﹺﺭ ﻭﻗﹶﺎ ﹴ ﺍﹾﻟ ﹸﻘﻀﺎ ﹸﺓ ﺛﹶﻼﹶﺛﺔﹲ :ﻗﹶﺎ ﺤ ﻖ ﺽ ﹶﻗﻀﻰ ﺑﹺﺎﹾﻟ ﺱ ﹶﻓﻬ ﻮ ﻓﻲ ﺍﻟﻨﺎﺭﹺ ،ﻭﻗﹶﺎ ﹴ ﻕ ﺍﻟﻨﺎ ﹺ ﻚ ﺣﻘﹸﻮ ﺽ ﻻ ﻳ ﻌ ﹶﻠﻢ ﹶﻓﹶﺄ ﻫ ﹶﻠ ﹶﻓﺬﹶﺍ ﻙ ﻓﻲ ﺍﻟﻨﺎﺭﹺ ،ﻭﻗﹶﺎ ﹴ ﺠﻨ ﺔ") .ﺍﻟﺘﺮﻣﺬﻱ :ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ(. ﻚ ﻓﻲ ﺍﹾﻟ ﹶﻓ ﹶﺬﻟ
“Judges are of three categories: tow of them in the Hell and one in Paradise. - One who, knowingly, judges with injustice, that is in the Hell Fire.
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- The second is one who is ignorant and judges among people without knowledge, thus he violates their rights. He is also in the Hell fire. - The third one is one who judges with justice. He will be in Paradise.”
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Ethics & values of a judge 1- To judge with justice What is a just decision? a- To do one’s best to reach a just decision “When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.” 8/18/2007
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b- To base the decision on the evidence available “You bring to me, for judgment, your disputes and some of you may be more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. Bear in mind that if I slice off anything for him (in my judgment) from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.” c- Self satisfaction that this is the right decision 8/18/2007
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2- To administer justice without fear or favour a) Without fear: - To be a person of principles - To be independent to avoid all types of pressure - To be ready to reverse his wrong decisions
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b) Without favour: - Should not sit in a case in which: - he has personal interest - close relatives involved - Neutral = not influenced by personal enmity - Fair & equal hearing. “When you sit to judge between two litigants, don’t make a decision only after an equal hearing from both sides.” - Avoid accepting gifts/ bribes “Allah cursed the briber and the bribed in making judgments.” 8/18/2007
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- Should not make a decision when his mind is confused with anything that may prevent him from sound thinking. - Patience; not to misuse his power against litigants or lawyers. - To try to get the parties to reconcile whenever there is a chance for that.
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2. Public Prosecutor - To balance between protecting the rights of the society & the rights of the accused. - The punishment sought must be proportional to the offence committed. - To avoid selective prosecution motivated by personal/political affairs - To avoid fabricating evidence or accusations 8/18/2007
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- To avoid suppressing pieces of material evidence - Not to prosecute in cases where they have personal affairs, or close relatives involved. - To avoid bribes
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3- Lawyers The idea of advocacy - Lack of legal skills to defend their rights - Complicated laws and procedures Advocacy aims at: - Helping people to get/ defend their rights - Helping the accused to get a fair trial - Helping judges to examine cases and reach just decisions 8/18/2007
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Lawyer’s work includes: - To prepare, manage, and either prosecute or defend a court action as an agent for another; - Give advice on legal matters; - Prepare wills, contracts, corporate bylaws; - Bring about the settlement of a case without trial through negotiation, reconciliation, and compromise.
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In legal matters that require court action: - Prepare and file the pleadings in court - At the trial he introduces evidence, interrogates witnesses, and argues questions of law and fact.
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Duties of lawyers: Toward justice & society Towards clients Lawyer’s duty toward justice & society: To secure justice between people a) Not to engage himself in tactics that may defeat the fair administration of justice b) Not to hide the truth c) Not to fabricate evidence 8/18/2007
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d) Not to cross-examine an adverse witness in such a way to undermine or destroy his true testimony e) Not to invoke the rules of evidence to exclude points that would weigh against his case which he knows they are true
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Duties toward clients: - To fulfil contracts & promises - To be honest & sincere in defending them - To be honest in advising them - To defend them to the best of his abilities
- No right to drop/ waive any right of his client without permission - No admission of guilt on behalf of his client without authorization - No disclosure of confidential communications - To be lenient and helpful towards poor clients 8/18/2007
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The policy of a Muslim lawyer in taking cases of court ﲔ ﺱ ﹺﺑﻤﺎ ﹶﺃﺭﺍ ﻙ ﺍﻟ ﱠﻠ ﻪ ﻭﻻ ﺗ ﹸﻜ ﻦ ﻟ ﹾﻠﺨﺎﺋﹺﻨ ﺤﻜﹸ ﻢ ﺑ ﻴ ﻦ ﺍﻟﻨﺎ ﹺ ﺤ ﻖ ﻟﺘ ﺏ ﺑﹺﺎﹾﻟ ﻚ ﺍﹾﻟ ﻜﺘﺎ }ﹺﺇﻧﺎ ﹶﺃﻧ ﺰﹾﻟﻨﺎ ﹺﺇﹶﻟ ﻴ ﺧﺼﻴﻤًﺎ) (105ﻭﺍ ﺳﺘ ﻐ ﻔ ﹺﺮ ﺍﻟ ﱠﻠ ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻪ ﻛﹶﺎ ﹶﻥ ﹶﻏﻔﹸﻮﺭًﺍ ﺭﺣﻴﻤًﺎ) (106ﻭﻻ ﺗﺠﺎ ﺩ ﹾﻝ ﻋ ﹺﻦ ﺨﻔﹸﻮ ﹶﻥ ﺴﺘ ﺐ ﻣ ﻦ ﻛﹶﺎ ﹶﻥ ﺧﻮﺍﻧًﺎ ﹶﺃﺛﻴﻤًﺎ) (107ﻳ ﺤ ﱡ ﺴﻬ ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻪ ﻻ ﻳ ﺨﺘﺎﻧﻮ ﹶﻥ ﹶﺃﻧﻔﹸ ﺍﱠﻟﺬﻳ ﻦ ﻳ ﺴﺘ ﺱ ﻭﻻ ﻳ ﺨﻔﹸﻮ ﹶﻥ ﻣ ﻦ ﺍﻟ ﱠﻠ ﻪ ﻭﻫ ﻮ ﻣ ﻌﻬ ﻢ ﹺﺇ ﹾﺫ ﻳﺒﻴﺘﻮ ﹶﻥ ﻣﺎ ﻻ ﻳ ﺮﺿﻰ ﻣ ﻦ ﺍﹾﻟ ﹶﻘ ﻮ ﹺﻝ ﻣ ﻦ ﺍﻟﻨﺎ ﹺ ﺤﻴﺎ ﺓ ﻭﻛﹶﺎ ﹶﻥ ﺍﻟ ﱠﻠ ﻪ ﹺﺑﻤﺎ ﻳ ﻌ ﻤﻠﹸﻮ ﹶﻥ ﻣﺤﻴﻄﹰﺎ) (108ﻫﺎ ﹶﺃﻧﺘ ﻢ ﻫﺆﻻ ِﺀ ﺟﺎ ﺩﹾﻟﺘ ﻢ ﻋ ﻨ ﻬ ﻢ ﻓﻲ ﺍﹾﻟ ﻼ ){(109 ﺍﻟ ﱡﺪﻧﻴﺎ ﹶﻓ ﻤ ﻦ ﻳﺠﺎ ﺩﻝﹸ ﺍﻟ ﱠﻠ ﻪ ﻋ ﻨ ﻬ ﻢ ﻳ ﻮ ﻡ ﺍﹾﻟ ﻘﻴﺎ ﻣ ﺔ ﹶﺃ ﻡ ﻣ ﻦ ﻳﻜﹸﻮ ﹸﻥ ﻋ ﹶﻠ ﻴ ﹺﻬ ﻢ ﻭﻛﻴ ﹰ )ﺍﻟﻨﺴﺎﺀ(
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“We have revealed the Book to you with the truth that you may judge between people by means of that which Allah has taught you; and be not an advocate on behalf of those who betray their trust (treacherous). And seek forgiveness of Allah. Surely, Allah is ever Forgiving, Merciful. And do not plead on behalf of those who deceive themselves; surely Allah does not love him who is treacherous, sinful. They seek to hide their crimes from men but they cannot hide them from Allah. He is with them when by night they hold discourse displeasing to Him. 8/18/2007
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Allah ever surrounds what they do. These are the sort of men on whose behalf you may contend in this world; but who will contend with Allah on their behalf on the Day of Judgment, or who will then be their defender?” (4: 105-109). - Unlawful to attempt to conceal the truth - Unlawful to argue for the innocence of someone who is clearly guilty
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Civil cases: 1-The right is with your client 2- The client is wrong/ demanding something which is not his 3- The case is doubtful
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Criminal cases 1- The evidence shows the innocence of the client 2- The case is doubtful Client is claiming to be innocent No concrete evidence against him He is assumed to be innocent until his guilt is proven
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3- The evidence shows his guilt/ admission of guilt The principle: An accused is assumed to be innocent till his guilt is proven Applies to his indictment, conviction, punishment and treatment It does not apply to the prosecution and defence It can’t be a pretext for hiding the truth or trying to mislead the court A lawyer may take the case for: - Assisting the accused to get a fair trial - To represent him as a matter of procedure 8/18/2007
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1- Petty offence: Pardon reputable people for their slips 2- Ta ‘zir offences: Get fair trial Mitigating factors 3- Homicide a) Manslaughter, accidental killing - Blood money (diyyah) - Punishment imposed by the state - Kaffarah 8/18/2007
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b) Murder - Qisas (retaliation) - Blood money (diyyah) - Punishment imposed by the state - Kaffarah Hudud offences - Confession conclusive - Evidence not conclusive - Ta’zir 8/18/2007
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WEEK 7
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Business Ethics - Who is better: a rich Muslim or a poor Muslim? - What are the limits of using wealth in Islam? - What about Zuhd and Qana‘a (austerity and contentment)? 8/18/2007
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Wealth in Islam: - Islam encourages people to acquire wealth and live a prosperous life - All things created by Allah are for the us to enjoy them but in a reasonable way
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ٌﻣﹺﺒﲔ ﺪ ﱞﻭ ﻋ ﻢ ﹶﻟ ﹸﻜﻧﻪﻥ ﹺﺇ ﻴﻄﹶﺎ ﺸ ﺕ ﺍﻟ ﺍﺧ ﹸﻄﻮ ﻮﺍﺘﹺﺒﻌﺗ ﻻﻴًﺒﺎ ﻭﻼ ﹰﻻ ﹶﻃﺽ ﺣ ﺭ ﹺ ﻲ ﺍ َﻷﺎ ﻓﻣﻤ ﺱ ﹸﻛﻠﹸﻮﺍ ﺎﺎ ﺍﻟﻨﺎ ﹶﺃﱡﻳﻬ}ﻳ (({ )ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ168)
“O you people: eat of what is on the earth, lawful and good, and do not follow the footsteps of the evil one.” (2: 168) .(({ )ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ60)ﻦ ﻳﺴﺪ ِ ﻣ ﹾﻔ ﺽ ﺭ ﹺ ﻲ ﺍ َﻷﺍ ﻓﻌﹶﺜﻮ ﺗ ﻻﻪ ﻭ ﻕ ﺍﻟ ﱠﻠ ﺯ ﹺ ﻦ ﹺﺭ ﻣ ﻮﺍﺮﺑ ﺷ ﺍ} ﹸﻛﻠﹸﻮﺍ ﻭ
“Eat and drink of the sustenance provided by Allah, and do no evil nor mischief on the earth.” (2: 60) 8/18/2007
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The way of enjoying wealth: ﲔ ﻓ ﺴ ﹺﺮ ﺐ ﺍﹾﻟﻤ ﺤ ﱡ ﻳ ﻻﻧﻪﺴ ﹺﺮﻓﹸﻮﺍ ﹺﺇ ﻻ ﺗﻮﺍ ﻭﺮﺑ ﺷ ﺍﻭ ﹸﻛﻠﹸﻮﺍ ﻭ ﺠ ٍﺪ ﺴﹺ ﻣ ﺪ ﹸﻛ ﱢﻞ ﻨ ﻋ ﻢ ﺘﻜﹸﻨﺧﺬﹸﻭﺍ ﺯﹺﻳ ﻡ ﺩ ﺑﻨﹺﻲ ﺁ ﺎ}ﻳ (({ )ﺳﻮﺭﺓ ﺍﻷﻋﺮﺍﻑ31)
“O children of Adam! Look to your adornment at every place of worship, and eat and drink and be not extravagant; surely He does not love the extravagant.” (7: 31)
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ﺒ ﹺﻎ ﺗ ﻻﻚ ﻭ ﻴ ﻪ ﹺﺇﹶﻟ ﻦ ﺍﻟ ﱠﻠ ﺴ ﺣ ﺎ ﹶﺃﻦ ﹶﻛﻤ ﺴ ِ ﺣ ﻭﹶﺃ ﺎﻧﻴﻦ ﺍﻟ ﱡﺪ ﻣ ﻚ ﺒﻴﻧﺼ ﺲ ﻨﻻ ﺗﺮ ﹶﺓ ﻭ ﺧ ﺭ ﺍﻵ ﺍﻪ ﺍﻟﺪ ﻙ ﺍﻟ ﱠﻠ ﺎﺎ ﺁﺗﻴﻤﺘ ﹺﻎ ﻓﺑﺍ}ﻭ .(({ )ﺳﻮﺭﺓ ﺍﻟﻘﺼﺺ77)ﻦ ﻳﺴﺪ ِ ﻤ ﹾﻔ ﺐ ﺍﹾﻟ ﺤ ﱡ ﻳ ﻪ ﻻ ﺽ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺭ ﹺ ﻲ ﺍ َﻷﺩ ﻓ ﺎﺍﹾﻟ ﹶﻔﺴ
“And seek by means of what Allah has given you the future abode, and do not neglect your portion of this world, and do good (to others) as Allah has done good to you, and do not seek to make mischief in the earth, surely Allah does not love the mischiefmakers.” (27: 77) - Don’t be extravagant - Use it to support noble principles & actions/ to secure a good position on the Day of Judgment - Do good to others as Allah has done good to you - Don’t use it to create mischief on the earth 8/18/2007
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Zuhd (austerity/ asceticism) - Zuhd is an Islamic value - Zuhd ≠ poverty - A rich person may be a zahid, while a poor person may not be zahid A zahid is one who: - puts his wealth in his hand a means to achieve ideals & support principles - not in his heart 8/18/2007
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- Begging in Islam is prohibited “The upper hand is better than the lower one” - Qana’a (contentment) is another basic Islamic value Contentment is: to be happy & satisfied with what you have after doing your best to get the best result Not to look at things which are not yours
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The concept of making halal earnings Basic facts: - People will not be questioned on the Day of Judgment on the amount of wealth they accumulated, but they will be questioned how they got it and how they used it. - Although provision (rizk) is granted by Allah to people based on their work, it is not an automatic result of men’s work. It is given by the will of Allah and every one has a limit. 8/18/2007
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ﻮﻣًﺎﻣ ﹾﺬﻣ ﺎﺼﻠﹶﺎﻫ ﻳ ﻢ ﻨﻬ ﺟ ﺎ ﹶﻟﻪﻌ ﹾﻠﻨ ﺟ ﻢ ﺪ ﹸﺛ ﻧﺮﹺﻳ ﻦ ﻤ ﻟ ﺎ ُﺀﻧﺸ ﺎﺎ ﻣﻴﻬ ﻓﺎ ﹶﻟﻪﺠ ﹾﻠﻨ ﻋ ﺎ ﹺﺟ ﹶﻠ ﹶﺔﺪ ﺍﹾﻟﻌ ﻳﺮﹺﻳ ﻦ ﻛﹶﺎ ﹶﻥ ﻣ ﻢ ﻬﻌﻴ ﺳ ﻚ ﻛﹶﺎ ﹶﻥ ﺌﻭﹶﻟ ﻣﻦٌ ﹶﻓﺄﹸ ﺆ ﻣ ﻮ ﻭﻫ ﺎﻴﻬﻌ ﺳ ﺎﻰ ﹶﻟﻬﺳﻌ ﻭ ﺮ ﹶﺓ ﺧ ﺩ ﺍﻟﹾﺂ ﺍﻦ ﹶﺃﺭ ﻣ ﻭ (18) ﻮﺭًﺍﺪﺣ ﻣ () )ﺳﻮﺭﺓ ﺍﻹﺳﺮﺍﺀ19)ﺸﻜﹸﻮﺭًﺍ ﻣ
Whoever desires this life, We readily grant them such things as We will, to such person as We will. And afterward We provided Hell for them; they will burn therein, disgraced and rejected. And whoever desires the hereafter and he strives for it all due striving, being a believer, they are the ones whose striving is acceptable to Allah.
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- Following haram way will never give you, as some people may think, an additional portion of wealth. - And following halal way will not cause you any loss of your portion of rizk. - The principle of halal and haram applies as much to the spending of wealth as it does to its acquisition
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Why some things are haram? ﻀﻊ ﻳﻭ ﺚ ﺋ ﹶﺎﺨﺒ ﺍﹾﻟﻴ ﹺﻬﻢ ﻋ ﹶﻠ ﺮﻡ ﺤ ﻭﻳ ﺕ ﺎﻴﺒ ﺍﻟ ﱠﻄﻢﺤ ﱡﻞ ﹶﻟﻬ ﻭﻳ ﻨ ﹶﻜ ﹺﺮ ﻋ ﹺﻦ ﺍﹾﻟﻤ ﻢ ﻫ ﺎﻨﻬ ﻳﻭ ﻑ ﻭﻌﺮ ﻤ ﻢ ﺑﹺﺎﹾﻟ ﻫﺮﻳ ﹾﺄﻣ (157 :ﻢ )ﺍﻷﻋﺮﺍﻑ ﻴ ﹺﻬ ﻋ ﹶﻠ ﺖ ﻧﻲ ﻛﹶﺎﺍﹾﻟﹶﺄ ﹾﻏﻠﹶﺎ ﹶﻝ ﺍﱠﻟﺘﻢ ﻭ ﻫ ﺮ ﺻ ﻢ ﹺﺇ ﻬ ﻨ ﻋ
“…He commands them what is just and forbids them what is evil; he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure); he releases them from their heavy burdens and from the yokes that are upon them…” (7: 157)
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- Impure Individual harm
physical
Social haram
spiritual
- Harmful
definitively - Conducive to haram most likely
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Benefits of halal vs. evils of haram
Halal work and the earnings emanated therefrom are a kind of ‘ibadah for which a Muslim will be rewarded.
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• Punishment on the Day of Judgement
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• Whatever is spent out • Sadaqah will not be of halal earnings is accepted by Allah considered as sadaqah (charity) even what is spent on one’s family
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-“If anyone amasses wealth through haram means and then gives charity from it, there is no regard for him and the burden of sin remains”
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-“If a person earns property through haram means and then gives charity, it will not be accepted (by Allah); if he spends it there will be no blessing on it; and if he leaves it behind (at his death) it will be his provision in the Fire. Indeed, Allah (swt) does not eliminate one bad deed by another bad deed, but He cancels out a bad deed by a good deed. An unclean thing does not wipe away another unclean thing.” 8/18/2007
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• Halal earnings will be • Blessing will be blessed by Allah (swt) lifted from it • Rejection of du’a ﺩﻋﺎﺀ
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Allah's Messenger (saw) as saying: “0 people, Allah is Good and He therefore, accepts only that which is good. And Allah commanded the believers as He commanded the Messengers by saying: "O Messengers, eat of the good things, and do good deeds; verily I am aware of what you do" (23:51). And He said: “0 those who believe, eat of the good things that We gave you" (2:172) 8/18/2007
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He then made a mention of a person who travels widely, his hair dishevelled and covered with dust. He lifts his hand towards the sky and thus makes the du‘a : “O Lord,0 Lord,” whereas his food is unlawful, his drink is unlawful, and his clothes are unlawful and his nourishment is unlawful. How can then his du‘a be accepted?
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• Halal earnings will • Its possessor will bring to its possessor have always a guilty peace of mind and conscience help him to have a clear conscience
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Aims of business ethics in Islam 1- Protecting the rights of the parties involved in the contract 2- Protecting consumer rights 3- Creating fair competition 4- Protecting the rights of workers 5- Protecting public interest/ funds
6- Leniency/ helping others 8/18/2007
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1- Protecting the rights of the parties involved in the contract a) Mutual consent / agreement b) To fulfill terms and conditions “O you who believe! Fulfil your contracts and obligations” (5: 1) “Muslims are bound by all the conditions they have agreed upon, unless a contract or conditions is against the principles of Islam in the way of making something haram as halal or vice versa.” 8/18/2007
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2- Protecting consumer rights a) To avoid deception & fraud The Messenger of Allah (saw) once passed by a stock of grain. He touched it and felt moisture inside the stock. He asked the seller what it was. The merchant said: O Prophet of Allah it was affected by rain. The Prophet (saw) said: Then why you did not place the wet wheat over the rest of the stock, so people could see it for themselves. Any one practicing deception has no relationship with me.” 8/18/2007
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- To avoid selling defective commodities without informing the buyer about defects contained in it “A Muslim is a brother of his fellow Muslim. It is not lawful for a Muslim to sell such a commodity that has a defect, except that the defect is shown to the buyer.” - To avoid false and misleading advertisement 8/18/2007
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To give accurate weight and measurement The description of the weigh or measurement should match the reality (182) ﻴ ﹺﻢﺘﻘﺴ ﻤ ﺱ ﺍﹾﻟ ﺴﻄﹶﺎ ﹺ ﻘ ﻮﺍ ﺑﹺﺎﹾﻟﻭ ﹺﺯﻧ (181)ﻦ ﺴﺮﹺﻳ ِﺨ ﻤ ﻦ ﺍﹾﻟ ﻣ ﻮﺍﺗﻜﹸﻮﻧ ﻻﻴ ﹶﻞ ﻭ ﻭﻓﹸﻮﺍ ﺍﹾﻟ ﹶﻜ ﹶﺃ ()ﺍﻟﺸﻌﺮﺍﺀ
“Give full measure, and be not of those who give less than the due. And weigh with the true balance”. (26: 181-182) 8/18/2007
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b) To avoid hoarding essential commodities (ihtikar) Hoarding is: to collect and keep large amounts of food without offering it in the marked in order to create artificial scarcity to increase the price dramatically. This is usually practised in the periods of crises 8/18/2007
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Hoarding is a kind of business exploitation of consumers. Thus it is strictly prohibited by Islam The Prophet (saw) said: “One who hoards things for increasing their prices for Muslims is a wrong doer.”
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c) Prohibition of outbidding To offer more money than somebody else in order to unreasonably increase the price without being a potential buyer d) The practice of “middleman” may be prevented to protect the rights of consumers - Dwellers of towns may be prevented from selling the merchandises of farmers/ villagers - Farmers may be allowed to sell there goods directly if it is necessary 8/18/2007
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The Messenger of Allah forbade the selling of things by a town dweller on behalf of a countryside dweller (farmer) ; and similarly Najash was forbidden.
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3- Fair competition a) To avoid misleading advertisement b) Avoid giving bribes ﺻﻠﱠﻰ ﺍﻟﻠﱠﻬﻢ ﻋ ﹶﻠ ﻴ ﻪ ﻭ ﺳ ﱠﻠ ﻢ ﻋ ﻦ ﹶﺃﺑﹺﻲ ﻫ ﺮﻳ ﺮ ﹶﺓ ﻗﹶﺎ ﹶﻝ ﹶﻟ ﻌ ﻦ ﺭﺳﻮ ﹸﻝ ﺍﻟ ﱠﻠ ﻪ ﺤ ﹾﻜ ﹺﻢ )ﺍﻟﺘﺮﻣﺬﻱ :ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ(. ﺸ ﻲ ﻓﻲ ﺍﹾﻟ ﺍﻟﺮﺍ ﺷ ﻲ ﻭﺍﹾﻟﻤ ﺮﺗ “Allah cursed the briber and the bribed in ”making judgments. ﺤﻜﱠﺎ ﹺﻡ ﻟﺘ ﹾﺄﻛﹸﻠﹸﻮﺍ }ﻭﻻ ﺗ ﹾﺄﻛﹸﻠﹸﻮﺍ ﹶﺃ ﻣﻮﺍﹶﻟ ﹸﻜ ﻢ ﺑ ﻴﻨ ﹸﻜ ﻢ ﺑﹺﺎﹾﻟﺒﺎ ﻃ ﹺﻞ ﻭﺗ ﺪﻟﹸﻮﺍ ﹺﺑﻬﺎ ﹺﺇﻟﹶﻰ ﺍﹾﻟ ﺱ ﺑﹺﺎ ِﻹﹾﺛ ﹺﻢ ﻭﹶﺃﻧﺘ ﻢ ﺗ ﻌ ﹶﻠﻤﻮ ﹶﻥ)) {(188ﺳﻮﺭﺓ ﹶﻓﺮﹺﻳﻘﹰﺎ ﻣ ﻦ ﹶﺃ ﻣﻮﺍ ﹺﻝ ﺍﻟﻨﺎ ﹺ ﺍﻟﺒﻘﺮﺓ(. 220
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“And do not eat up your property among yourselves by false means, neither seek to gain access thereby to the judges, so that you may eat up a part of the property of others wrongfully.” - To get advantage/ Privilege - Escape due punishment - Take the rights of others c) To balance between competitiveness and co-operation 8/18/2007
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d) To avoid entering in a transaction another person has already entered into Ibn Umar reported Allah's Messenger (saws) as having said: A person should not enter into a transaction when his brother had already entered into but not finalized, and he should not make proposal of marriage upon the proposal already made by his brother, until he permits it. (Muslim) 8/18/2007
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“… and a woman should not ask the divorce of her sister in order to deprive her of what belongs to her. (Muslim)
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4- Protecting the rights of workers - Wages and the specification of the work must be clarified and agreed upon before starting the work. - Wages are to be determined by mutual consent. - A worker is entitled to a fair and just wage for his work. - The employee must perform his duties efficiently and honestly and the employer must pay him his full wages. 8/18/2007
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- Wages should be paid without any delay .( ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ:" )ﺍﺑﻦ ﻣﺎﺟﺔﺮﻗﹸﻪ ﻋ ﻒ ﺠ ﻳ ﹺ ﺒ ﹶﻞ ﹶﺃ ﹾﻥ ﹶﻗﺮﻩ ﺟ ﲑ ﹶﺃ ﻋﻄﹸﻮﺍ ﺍ َﻷ ﹺﺟ "ﹶﺃ “Give the laborer his wage before his perspiration be dry.” (Ibn Majah)
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5- Protecting public interest/ funds a) Fair recruitment practices To avoid discrimination, nepotism, and cronyism An office or a post is a divine trust and, therefore, it should be offered only to the deserving persons. Responsibility should be given only to the person who is able to shoulder it and who has the capability to do justice to the trust placed in him. 8/18/2007
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The prophet (saw) said: “whoever has appointed an administrator through nepotism while there was one who was more suitable to this position than that person, then he has committed misappropriation against Allah and His Messenger and all the Muslims.”
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b) To avoid misappropriation of public funds The Prophet (saw) said: “Whomsoever we have given some post and he has concealed a needle or a thing smaller than that, then it will be a misappropriated thing with which he will have to appear on the Day of Judgment.” (Muslim)
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6- To avoid haram transactions a) Riba
ﻢ ( ﹶﻓﹺﺈ ﹾﻥ ﹶﻟ278)ﲔ ﻣﹺﻨ ﺆ ﻢ ﻣ ﺘﻨ ﺎ ﹺﺇ ﹾﻥ ﹸﻛﺮﺑ ﻦ ﺍﻟ ﻣ ﻲ ﻘ ﺑ ﺎﻭﺍ ﻣﻭ ﹶﺫﺭ ﻪ ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠﻮﺍ ﺍﻣﻨ ﻦ ﺀَﺍ ﻳﺎ ﺍﱠﻟﺬﺎ ﹶﺃﱡﻳﻬ}ﻳ ﻭﻟﹶﺎ ﻮ ﹶﻥﻠﻤ ﺗ ﹾﻈ ﻢ ﻟﹶﺎ ﻟ ﹸﻜﺍﻣﻮ ﺱ ﹶﺃ ﺭﺀُﻭ ﻢ ﻢ ﹶﻓ ﹶﻠﻜﹸ ﺘﺒ ﺗ ﻭﹺﺇ ﹾﻥ ﻪ ﻟﻮﺭﺳ ﻭ ﻪ ﻦ ﺍﻟ ﱠﻠ ﻣ ﺏ ﺮ ﹴ ﺤ ﻮﺍ ﹺﺑﻌﻠﹸﻮﺍ ﹶﻓ ﹾﺄ ﹶﺫﻧ ﺗ ﹾﻔ .(({ )ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ279)ﻮ ﹶﻥﺗ ﹾﻈ ﹶﻠﻤ
“O you who believe! Fear Allah, and give up what remains of your demand for ribah (usury), if you are indeed believers. And if you do not, then be warned of war against you from Allah and His messenger. And if you repent, then you shall have your capital; neither shall you make the debtor suffer loss, nor shall you be made to suffer loss.” (2: 278-279)
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7- Leniency :ﻢ ﻗﹶﺎ ﹶﻝ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻪ ﻮ ﹶﻝ ﺍﻟ ﱠﻠﺭﺳ ﺎ ﹶﺃ ﱠﻥﻬﻤﻋﻨ ﻲ ﺍﻟﻠﱠﻪﺭﺿ ﻪ ﺪ ﺍﻟ ﱠﻠ ﺒ ﻋ ﺑ ﹺﻦ ﺎﹺﺑ ﹺﺮﻦ ﺟ ﻋ ﻛﺘﺎﺏ:ﻰ" )ﺍﻟﺒﺨﺎﺭﻱﺘﻀﻭﹺﺇ ﹶﺫﺍ ﺍ ﹾﻗ ﻯﺘﺮﺷ ﻭﹺﺇﺫﹶﺍ ﺍ ﻉ ﺎﻤﺤًﺎ ﹺﺇﺫﹶﺍ ﺑ ﺳ ﻼﺭﺟ ﻪ ﻢ ﺍﻟ ﱠﻠ ﺣ ﺭ " .(ﺍﻟﺒﻴﻮﻉ
“May Allah bless the person who behaves leniently while buying, while selling, and while collecting his dues.”
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ﻮ ﹶﻥﻌ ﹶﻠﻤ ﺗ ﻢ ﺘﻨ ﻢ ﹺﺇ ﹾﻥ ﹸﻛ ﻴﺮٌ ﹶﻟ ﹸﻜ ﺧ ﺪﻗﹸﻮﺍ ﺼ ﺗ ﻭﹶﺃ ﹾﻥ ﺮ ٍﺓ ﺴ ﻴ ﻣ ﺮﺓﹲ ﹺﺇﻟﹶﻰ ﻈ ﻨﺮ ٍﺓ ﹶﻓ ﺴ ﻭﹺﺇ ﹾﻥ ﻛﹶﺎ ﹶﻥ ﺫﹸﻭ ﻋ } .(({ )ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ280)
“If the debtor is in a difficulty, grant him
time till it is easy for him to repay. And if you remit it by way of charity, that is best for you if you only knew (the generous reward for this).” (2: 280)
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WEEK 8
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Inter-personal relations 1. General rights of a Muslim over his fellow Muslims “Six are the rights of a Muslim over another Muslim: - When you meet him, offer him salam; - When he invites you to a feast accept it. - When he seeks your counsel give him; 8/18/2007
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- When he sneezes and says: "alhamdu lillah," you say Yarhamuk Allah (may Allah show mercy to you); - When he falls ill visit him; and - when he dies follow his funeral.
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2. Behavior towards co-workers
a)
Cooperation: they have to work in collaboration with each other in good faith for the best interests of their institution and the community as a whole. :ﻥ{ )ﺍﳌﺎﺋﺪﺓ ﺍﺪﻭ ﻌ ﺍﹾﻟﻋﻠﹶﻰ ﺍ ِﻹﹾﺛ ﹺﻢ ﻭ ﻮﺍﻭﻧ ﺎﺗﻌ ﻻﻯ ﻭﺘ ﹾﻘﻮﺍﻟﺮ ﻭ ﻋﻠﹶﻰ ﺍﹾﻟﹺﺒ ﻮﺍﻭﻧ ﺎﺗﻌﻭ } (2 “and help one another in goodness and piety, and do not help one another in sin and aggression.” (5: 2) 8/18/2007
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b) Mutual respect and avoiding interference in other’s personal affairs/ respect their right to privacy. “It is a sign of sincere faith to avoid interfering in what does not concern you” 3- To share knowledge and experience with others. It is the duty of a senior worker to pass his knowledge and experience to his juniors. 8/18/2007
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To encourage people to share knowledge and experience Islam made it as a continuous charity “When a person dies he is completely cut off except from three things: 1- a running charity, 2- knowledge that he had taught and remains put to good use, 3- and virtuous progeny praying Allah for him.”
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It is also the duty of the new inexperienced workers to learn for their seniors. (({ )ﺳﻮﺭ ﺍﻟﻨﺤﻞ43)ﻮ ﹶﻥﻌ ﹶﻠﻤ ﺗ ﻢ ﻻ ﺘﻨ ﻫ ﹶﻞ ﺍﻟ ﱢﺬ ﹾﻛ ﹺﺮ ﹺﺇ ﹾﻥ ﹸﻛ ﺳﹶﺄﻟﹸﻮﺍ ﹶﺃ }ﻓﹶﺎ “Ask those who are knowledgeable if you don’t know” (16: 43)
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3. Behaviour toward the superiors a) To obey them and observe the rule of law {ﻢ ﻨ ﹸﻜ ﻣ ﻣ ﹺﺮ ﻲ ﺍ َﻷﻭﻟ ﻭﹸﺃ ﻮ ﹶﻝﺮﺳ ﻮﺍ ﺍﻟﻴﻌﻭﹶﺃﻃ ﻪ ﻮﺍ ﺍﻟ ﱠﻠﻴﻌﻮﺍ ﹶﺃﻃﻣﻨ ﻦ ﺁ ﻳﺎ ﺍﱠﻟﺬﺎ ﹶﺃﱡﻳﻬ}ﻳ (59 :)ﺍﻟﻨﺴﺎﺀ “O you who believe! Obey Allah and obey the Messenger and those in authority from among you.” (4: 59) “…There is no submission in matters involving God's disobedience or displeasure. Submission is obligatory only in what is good (and reasonable). 8/18/2007
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b) To give them advice ﻦ ﻳ "ﺍﻟﺪ:ﻢ ﻗﹶﺎ ﹶﻝ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻲ ﻨﹺﺒﻱ ﹶﺃ ﱠﻥ ﺍﻟ ﺍ ﹺﺭﻴ ﹴﻢ ﺍﻟﺪﺗﻤ ﻦ ﻋ ﺭﻭﻯ ﻣﺴﻠﻢ "ﻢ ﺘ ﹺﻬﻣ ﺎﻭﻋ ﲔ ﻤ ﻠ ﺴ ﺔ ﺍﹾﻟﻤ ﻤ ﺋﻭ َﻷ ﻪ ﻟﻮﺮﺳ ﻟﻭ ﻪ ﺎﹺﺑﻜﺘ ﻟﻭ ﻪ ﻟ ﱠﻠ ﻦ ﻗﹶﺎ ﹶﻝ ﻤ ﻟ ﺎﺤ ﹸﺔ ﹸﻗ ﹾﻠﻨ ﻴﻨﺼﺍﻟ .()ﻛﺘﺎﺏ ﺍﻹﳝﺎﻥ
“Religion is to give honest advice for Allah, His Book, and His Prophet and to Muslim leaders and public.”
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4. Behaviour toward Subordinates a)
Consultation (shurah) and getting feedback: {159 :ﻣ ﹺﺮ{ )ﺁﻝ ﻋﻤﺮﺍﻥ ﻲ ﺍ َﻷﻢ ﻓ ﻫ ﺭ ﺎ ﹺﻭﻭﺷ ﻢ ﻬ ﺮ ﹶﻟ ﻔ ﻐ ﺘﺳ ﺍﻢ ﻭ ﻬ ﻨ ﻋ ﻒ ﻋ )ﻓﹶﺎ
“…So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs...” (3: 159) { ﻢ ﻫ ﺎﺯ ﹾﻗﻨ ﺭ ﺎﻣﻤ ﻭ ﻢ ﻬ ﻨﻴ ﺑ ﻯﻮﺭﻢ ﺷ ﻫ ﺮ ﻣ ﻭﹶﺃ ﻼ ﹶﺓﻮﺍ ﺍﻟﺼﻭﹶﺃﻗﹶﺎﻣ ﻢ ﺑ ﹺﻬﺮ ﻟ ﻮﺍﺎﺑﺘﺠﺳ ﻦ ﺍ ﻳﺍﱠﻟﺬﻭ ({ )ﺍﻟﺸﻮﺭﻯ38)ﻔﻘﹸﻮ ﹶﻥ ﻨ ﻳ).
“And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them.” (42: 38) 8/18/2007
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b) To be kind and lenient with them :ﻢ ﻗﺎﻝ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻪ ﻮﻝ ﺍﻟ ﱠﻠﺭﺳ ﺸ ﹶﺔ ﺃﻥ ﺋﺎﺭﻭﻯ ﻣﺴﻠﻢ ﻋﻦ ﻋ ﻦ ﻣ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﻖ ﺷ ﹸﻘ ﻢ ﻓﹶﺎ ﻴ ﹺﻬ ﻋ ﹶﻠ ﻖ ﺸ ﻴﺌﹰﺎ ﹶﻓ ﺷ ﻲﻣﺘ ﻣ ﹺﺮ ﹸﺃ ﻦ ﹶﺃ ﻣ ﻲ ﻟﻭ ﻦ ﻣ ﻢ ﻬ "ﺍﻟ ﱠﻠ .(ﻪ" )ﻛﺘﺎﺏ ﺍﻹﻣﺎﺭﺓ ﻖ ﹺﺑ ﺭ ﹸﻓ ﻢ ﻓﹶﺎ ﻖ ﹺﺑ ﹺﻬ ﺮ ﹶﻓ ﻴﺌﹰﺎ ﹶﻓ ﺷ ﻲﻣﺘ ﻣ ﹺﺮ ﹸﺃ ﻦ ﹶﺃ ﻣ ﻲ ﻟﻭ “O Allah, who (happens to) acquire some kind of control over the affairs of my people and is hard upon them-be hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them-be kind to him.” 8/18/2007
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c)
To serve sincerely
them
honestly
and
ﻦ ﻣ ﺎ "ﻣ:ﻢ ﻗﺎﻝ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟ ﱠﻠﻪ ﻪ ﻮ ﹶﻝ ﺍﻟ ﱠﻠﺭﺳ ﺎ ﹴﺭ ﺃﻥﻳﺴ ﺑ ﹺﻦ ﻘ ﹺﻞ ﻌ ﻣ ﺭﻭﻯ ﻣﺴﻠﻢ ﻋﻦ "ﻨ ﹶﺔﺠ ﺍﹾﻟﻢﻌﻬ ﻣ ﺧ ﹾﻞ ﺪ ﻳ ﻢ ﹺﺇ ﹼﻻ ﹶﻟﺼﺢ ﻨ ﻳﻭ ﻢ ﻬ ﹶﻟﻬﺪ ﺠ ﻳ ﻢ ﻻ ﲔ ﹸﺛ ﻤ ﻠ ﺴ ﺮ ﺍﹾﻟﻤ ﻣ ﻲ ﹶﺃﻳﻠ ﲑ ﻣ ﹴ ﹶﺃ
“A ruler who, having obtained control over the affairs of the Muslims, does not strive for their betterment and does not serve them sincerely shall not enter Paradise with them.” d) Respect for their opinions and beliefs 8/18/2007
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5. Behaviour toward neighbours Allah's Messenger (saw) said: “Jibril kept impressing upon me kind treatment towards the neighbour that I thought as if he would confer upon him the right of inheritance.”
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a) To avoid causing them any kind of harm ﻞﹸﺪﺧ ﻳ ﻻ:ﻢ ﻗﹶﺎ ﹶﻝ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻪ ﻮ ﹶﻝ ﺍﻟ ﱠﻠﺭﺳ ﺮ ﹶﺓ ﹶﺃ ﱠﻥ ﻳﺮ ﻦ ﹶﺃﺑﹺﻲ ﻫ ﻋ .( ﻛﺘﺎﺏ ﺍﻹﳝﺎﻥ:" )ﺻﺤﻴﺢ ﻣﺴﻠﻢﺋ ﹶﻘﻪﺍﺑﻮ ﻩ ﺭ ﺎ ﺟﻣﻦ ﻳ ﹾﺄ ﻦ ﻻ ﻣ ﻨ ﹶﺔﺠ ﺍﹾﻟ Abu Huraira narrated that the Messenger of Allah (saw) observed: “He will not enter Paradise whose neighbour is not secure from his wrongful conduct.”
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b) To help and be kind to them The Messenger of Allah (saw) said: “He who believes in Allah and the Last Day should either utter good words or better keep silent; and he who believes in Allah and the Last Day should treat his neighbour with kindness and he who believes in Allah and the Last Day should show hospitality to his guest.”
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ﻰﺎﻣﻴﺘﺍﹾﻟﻰ ﻭﺮﺑ ﻱ ﺍﹾﻟ ﹸﻘﻭﹺﺑﺬ ﺎﻧًﺎﺣﺴ ﻳ ﹺﻦ ﹺﺇﺪ ﻟﺍﻭﺑﹺﺎﹾﻟﻮ ﻴﺌﹰﺎ ﺷ ﻪ ﺸ ﹺﺮﻛﹸﻮﺍ ﹺﺑ ﻻ ﺗﻪ ﻭ ﻭﺍ ﺍﻟ ﱠﻠﺒﺪﻋ ﺍﻭ ﺑ ﹺﻦﺍﺐ ﻭ ﻨ ﹺ ﺠ ﺐ ﺑﹺﺎﹾﻟ ﺣ ﹺ ﺎﻭﺍﻟﺼ ﺐ ﹺﻨﺎ ﹺﺭ ﺍﹾﻟﺠﺍﹾﻟﺠﻰ ﻭﺮﺑ ﻱ ﺍﹾﻟ ﹸﻘﺎ ﹺﺭ ﺫﺍﹾﻟﺠﲔ ﻭ ﻛ ﹺ ﺎﻤﺴ ﺍﹾﻟﻭ :ﻮﺭًﺍ )ﺍﻟﻨﺴﺎﺀﺎﻻ ﹶﻓﺨﺨﺘ ﻣ ﻦ ﻛﹶﺎ ﹶﻥ ﻣ ﺐ ﺤ ﱡ ﻳ ﻪ ﻻ ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﻧ ﹸﻜﺎﻳﻤﺖ ﹶﺃ ﻣ ﹶﻠ ﹶﻜ ﺎﻭﻣ ﺴﺒﹺﻴ ﹺﻞ ﺍﻟ (36
“Worship Allah, and join not any partners with Him; and do good to: parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours who are strangers, the companion by your side, the wayfarer (you meet), and what your right hands possess, for Allah does not like the arrogant, the vainglorious” (4:36).
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ﺮﻗﹰﺎ ﻣ ﺖ ﺨ ﺒﺎﻧﹺﻲ ﹺﺇ ﹶﺫﺍ ﹶﻃﻭﺻ ﻢ ﹶﺃ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻬﻢ ﻲﻴﻠﺧﻠ ﹺﺇ ﱠﻥ:ﻦ ﹶﺃﺑﹺﻲ ﹶﺫ ﱟﺭ ﻗﹶﺎ ﹶﻝ ﻋ ﻑ")ﺻﺤﻴﺢ ٍ ﻭﻌﺮ ﻤ ﺎ ﹺﺑﻨﻬ ﻣ ﻢ ﻬ ﺒ ﺻ ﻚ ﹶﻓﹶﺄ ﺍﹺﻧﻦ ﹺﺟﲑ ﻣ ﺖ ٍ ﻴ ﺑ ﻫ ﹶﻞ ﺮ ﹶﺃ ﻧ ﹸﻈﻢ ﺍ ﻩ ﹸﺛ ﺎ َﺀﺮ ﻣ ﺜﹶﻓﹶﺄ ﹾﻛ ( ﺍﻟﱪ ﻭﺍﻟﺼﻠﺔ:ﻣﺴﻠﻢ
Abu Dharr reported Allah’s Messenger (saw) commanded me that: whenever you prepare a broth (meat soup), add water to it, and have in your mind the members of the household of your neighbours and then give them out of this with courtesy.
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6. Ethics in the domain of politics How should a Muslim, who is participating in politics, behave towards his opponents and those who belong to different political parties and groups? How can we balance between keeping political plurality (which is a reality and may be a necessary tool for check and balance between different centres of power in the society) and cooperation between different parties and groups for the mutual benefit (the benefit of the country)? 8/18/2007
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The concept of “government”: Trust vs. opportunism & misuse of power The notion of “government/ central authority” is based on the principles of: - Delegation: People elected/ selected to public offices are delegated by the community. - Trust: they are entrusted with that task to serve the interests of the community.
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The challenge here is: How can make ourselves transform these principles from theory to practice to avoid opportunism and dictatorship?
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The concept of opposition Right to change vs. cooperation -
To monitor the activities of government = Cooperate in good and beneficial matters
the
= Criticize what is seen to be wrong and bad 8/18/2007
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Ethical conditions of opposition/ criticism - Based on established facts not on mere suspicions and accusations - Constructive: to change something wrong, not for the sake of survival - The critic should be convinced of the moral uprightness of his opinion - To avoid distortion of facts and sayings
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Dictatorial behaviour Causes: - Considering oneself to be a gifted person with the best opinions and ability understanding - Self-seeking, egocentrism Effects: - Forcing opinions on others regardless of their worth - Rejecting all kinds of advice/ criticism - Preventing people from expressing their views and opinions 8/18/2007
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Rejection of criticism - Criticism = challenge – humiliation False pride & dignity - Criticism = advice - Helps us to correct our mistakes - Strengthen our character - Improve our performance “May Allah bless one who gifted to me my shortcomings” 8/18/2007
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Ethnic relation in Islam: Basic Principles • Humanity lives today in a “global village,” where no people or nation can live in isolation from and indifferent to what goes on elsewhere. Our world is so interdependent and so interrelated that peaceful dialogue has become an imperative.
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1. Faith in the One Universal God (Allah in Arabic): Islam is founded on the belief that there is only one God (Allah in Arabic), Who is the universal Creator, Sustainer, and Cherisher of all. Being the sole creator of all humankind precludes any notion of multiple, competing creators.
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2. Allah is One and is impartial toward His creatures. He provides for all, including those who reject faith in Him or even those who defy Him. He cares for the well-being of all and gives them ample opportunity to repent to Him and end the state of separateness suffered by those who reject Him or are unmindful of Him. This belief implies that all humans are equal before Allah in terms of their humanity, irrespective of their particular beliefs. 8/18/2007
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3. Unity and universality of the core teachings of all prophets. 4. Universal human dignity. 5. Necessity of Islamic Da‘wah. 6. No coercion in religion.
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• Universal peaceful coexistence: The basic rule governing the relationship between Muslims and non-Muslims is that of peaceful coexistence, justice and compassion. The following two verses are key verses that embody that general rule.
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Relation with non-Muslims • “As for such (non-Muslims) who do not fight you on account of (your) faith, or drive you forth from your homelands, God does not forbid you to show them kindness (also love and respect) and to deal with them with equity, for God loves those who act equitably. God only forbids you to turn in friendship towards such as fight against you because of (your) faith 8/18/2007
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WEEK 9
Shari ‘ah & Fiqh I) Definition Fiqh: Literal meaning: - Understanding - Profound and correct understanding Technical meaning: 1- General meaning (early stage) - A person’s knowledge of his rights and duties 8/18/2007
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2- Later definition (separation of sciences) The knowledge of detailed shar‘i akham (legal rules) pertaining to conduct derived from their specific evidences
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Shari ‘ah A comprehensive term which include both fiqh (Islamic law) and tenets. It include all texts, teachings and principles Beliefs + Law + ethics Shari‘ah - Wider - Source = divine - Immutable 8/18/2007
Fiqh - Narrower - divine + sunnah + human endeavor - some parts may change 265
Madhahib Fiqhiyyah (Schools of Islamic legal thought) The emergence of madhahib fiqhiyyah is the result of practising ijtihad What is ijtihad? - Interpretation of texts - Deduction of ahkam (legal rulings) on new incidents 8/18/2007
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Why ijtihad is needed? - Texts which impart more than one meaning = imply more than one interpretation - Texts are limited in number while new incidents are unlimited in number - A lot of texts are in the form of general rules and principles to embrace new incidents. 8/18/2007
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Brief history of ijtihad 1- Ijtihad in the era of revelation - The main source of law was Revelation (the Qur’an) - Sunnah as an inspiration and guidance from Allah to His Messenger - Ijtihad of the Prophet in interpreting and applying the texts of the Qur’an 8/18/2007
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- Ijtihad of Sahabah = limited = Corrected by the Prophet or revelation = If they disagree on any issue they refer it the Prophet and his decision is final
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2- Ijtihad in the era of Sahabah - The scope of ijtihad widened = new incidents: = Expansion of Muslim state = new people, new customs and traditions = Development of life = new challenges - The result of this ijtihad: = Agreement = ijma‘ (consensus of opinions) 8/18/2007
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= Disagreement = no higher authority to make a final ruling and unite all opinions - That was the seed of madhahib fiqhiyyah 3- Ijtihad after the era of Sahabah More developments in social, economic and intellectual life = the scope of ijtihad became wider and wider Mujtahids (scholars who are specialized in religious studies and mastered it) developed their methods of ijtihad Madhahib shaped and developed 8/18/2007
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What is a madh-hab? First stage: emergence A scholar’s approach of ijtihad = rules and principles of interpretation + legal views and opinions The last stage: development The sum total of the scholar’s legal rulings as well as the rulings of his students and that of all the scholars who adhered to their approach of ijtihad. 8/18/2007
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.
Mujtahid = rules of interpretation + legal opinions Students = adopt his approach + narrate & record his legal opinions + spread those opinions + enrich them
Those who adhere to his methodology of ijtihad = spread the madh-hab + enrich it +formalize the madh-hab
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How many madhahib are there? - In the first sense of madh-hab There were many madhahib - But those madhahib which continued to exist and established themselves are five - The reason behind this continuation is mainly because of the number and the role of students and followers 8/18/2007
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Those five madhahib are: 1- The Hanafi madh-hab 2- The Maliki madh-hab 3- The Shafi‘i madh-hab 4- The Hanbali madh-hab 5- The Zahiri madh-hab Shi‘i schools: - The Zidi madh-hab - Imami/ Ja‘fari madh-hab 8/18/2007
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WEEK 10
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The objectives of Shari ‘ah (maqasid al-Shari‘ah) (Islamic criterion for measuring human needs ) The main objectives of the shari‘ah are of two types: 1- to secure the interest of mankind that pertains to Hereafter, 2- to secure the interest pertaining to this world. 8/18/2007
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Who is to determine what is in man’s interest? - The lawgiver (Allah & His Messenger) - Human reason (in light of texts, general principles = should not contradict or violate the texts the general principles)
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a) Classification of interest pertaining to its compliance with Shari‘ah = (Criterion for evaluating the acceptance of interest) 1- Acknowledged/ accredited interest: - Explicitly - Implicitly = new interest which may be related to this type of interest 8/18/2007
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2- Rejected/ discredited: - Explicitly - Implicitly = what may be considered by some people as interest but which is in contradiction with the texts and principles, or which may violate the objectives of shari‘ah.
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b) Classification of interest pertaining to its importance (for the existence and preservation of human life) 1- The essentials/ necessities (primary objectives): Basic requirements to the survival and spiritual well-being of individuals and societies Their destruction lead to seriously affecting human life (basic human rights), demise of normal order, chaos in the society 8/18/2007
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2- The needs/ exigencies (secondary objectives): Those interests which are needed to: - support necessities - remove severity and hardship Their absence does not impose a threat to the very survival of normal order and basic human rights 3-
The complementary interests (supporting objectives) To attain perfection and refinement in human life
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= The relation between the three categories: Each outer shell forms a supportive and protective boundary for the inner shell. The basic human rights: 1- Religion 2- Life 3- Lineage/ progeny/ family 4- Intellect/ reason 5- Property/ wealth 8/18/2007
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= The benefit of this classification: - To resolve any conflict between these different categories of interest
Rule one: The rules of conflict and priority: 1- The stronger interest shall prevail: Although all the necessities should be observed, promoted and protected, in case of conflict they should be taken in the order in which they are stated: 8/18/2007
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- Daruriyyat have priority over the hajiyyat, which in turn have priority over the tahsiniyyat. - Din has precedence over life (jihad); - Religion # intellect = freedom of thinking - Religion # property = spending/ haram wealth - Life has precedence over nasl (abortion); - life has precedence over ‘aql (drinking wine, drugs for medical purposes); - ‘aql has precedence over wealth (education) ...etc. 8/18/2007
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Legal maxims which govern this rule 1. Committing the lesser of two harms. 2. Necessity dictates exception/ necessity overrules prohibition. 3. That which became permissible by necessity is estimated by the extent thereof. 4. Avoiding harm is prior to acquiring benefit. 8/18/2007
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Rule two: The public interest is prior to the private: Legal maxim: Committing a specific harm for the sake of preventing a general harm. Examples: 1- Taking preventive measures against people who are carrying transmitted diseases; 8/18/2007
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2- Punishments; 3Preventing unqualified professional from practising; 4- Prohibition of hoarding
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How shari ‘ah preserves the five basic human rights? 1- Affirmative measures = establishment + maintenance (obligations, recommendations, permissible)
2- Protective measures = prohibition + punishment 8/18/2007
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1- Religion: Affirmative measures: - Establishment: revelation - Maintenance: continuous practice, da‘wah/ al-’amru bil m‘ruf Protective measures: a) Against insiders: punishment for neglecting religious obligations and apostasy, preventing evil
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b) Against outsiders: defending religion intellectually, power and independence, Jihad 2- Life: Affirmative measures: - Establishment: creation, marriage - Maintenance: providing sustenance, maintaining good health
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Protective measures: - Prohibition of any attack on human life without legal justification (homicide, suicide, injuries) + Qisas 3- Lineage: Affirmative measures: - Establishment: marriage - Maintenance: establishment of family + responsibilities towards children 8/18/2007
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Protective measures: a) Against its discontinuity (demise): prohibition of abortion, sterilization, celibacy b) Against its confusion: prohibition of adultery, false accusation, surrogate motherhood and surrogated fatherhood 8/18/2007
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4- Intellect: Affirmative measures: - Establishment: created by Allah - Maintenance: education and pursuit of knowledge Protective measures: prohibition of intoxicants, drugs, prohibition of believing in superstitions
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5- Property/ wealth: Affirmative measures: Bounties given by Allah Permission of trade and conducting business, private ownership Protective measures: Prohibition of violating the property of other, extravagance, theft, misappropriation
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WEEK 11
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Family planning Birth control The use of birth control methods to choose the number and timing of children born into a family 1. To limit the number of children to a very small number (1, 2) 2. To distance the occurrences of pregnancies for a specific period of time 3. To eliminate the possibility of having children 8/18/2007
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1. To limit the number of children to a very small number:
- This practice is not in line with the general guidance from the Qur’an and the Sunnah. - Following are some examples that appear to be discouraging this practice: 1. Islam encourages people to have children. a) To marry fertile spouse: “Marry women who are loving and fertile (childbearing), for I shall outnumber the peoples by you.” 8/18/2007
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b) Rejection of celibacy: “I pray and I sleep; I fast and I break my fast; and I marry women. Whoever turns away from my way of life is not from me.” (hadith)
2. Allah has warned about killing one’s children out of fear of poverty.
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(151 :ﻢ{ )ﺍﻷﻧﻌﺎﻡ ﻫ ﺎﻭﹺﺇﻳ ﻢ ﻗﹸﻜﹸﺮﺯ ﻧ ﺤﻦ ﻧ ﻕ ﻼ ﹴﻦ ﹺﺇﻣ ﻣ ﻢ ﺩ ﹸﻛ ﻻﻠﹸﻮﺍ ﹶﺃﻭﺗ ﹾﻘﺘ ﻻﻭ “Kill not your children because of poverty - We provide sustenance for you and for them" (6: 151) ﺧ ﹾﻄﺌﹰﺎ ﻢ ﻛﹶﺎ ﹶﻥ ﻬ ﺘ ﹶﻠ ﻢ ﹺﺇ ﱠﻥ ﹶﻗ ﺎ ﹸﻛﻭﹺﺇﻳ ﻢ ﻗﹸﻬﺮﺯ ﻧ ﺤﻦ ﻧ ﻕ ﻼ ﹴﻴ ﹶﺔ ﹺﺇﻣﺸ ﺧ ﻢ ﺩ ﹸﻛ ﻻﻠﹸﻮﺍ ﹶﺃﻭﺗ ﹾﻘﺘ ﻻﻭ (({ )ﺍﻹﺳﺮﺍﺀ31)ﹶﻛﹺﺒﲑًﺍ “And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin" (17: 31)
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3. The Prophet (saw) said about contraception: “There is no harm if you do not do that, because the birth of the child is something pre-ordained.”
4. The Prophet (saw) said on 'azl (contraception): That is the secret way of burying alive.” 5. It is exploited by anti-Muslims to reduce their population. 8/18/2007
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2. To control the timing of births with the intent of distancing the occurrences of pregnancy Contraception: a way of avoiding pregnancy temporarily, using either artificial methods such as condoms and birth-control pills or natural methods such as avoiding sex during the woman’s known fertile periods.
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a) One form of contraception was practised during the time of the Prophet (saw) while the Qur’an was being revealed but neither the Qur’an nor the Prophet (saw) prohibited it. Jabir reported: “We used to practise 'azl (withdrawing the male sexual organ before emission of semen to avoid conception) during the lifetime of Allah's Messenger (saw). The news of this practice reached Allah's Messenger (saw), and he did not forbid us.” 8/18/2007
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- When 'azl was mentioned in the presence of Allah's messenger (saw) he said: Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her she may conceive which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon the Prophet (saw) said: There is no harm if you do not do that, because the birth of the child is something pre-ordained.”
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b) The Messenger of Allah said: “I intended to prohibit cohabitation with the suckling women to avoid pregnancy within suckling period, but I considered the Greeks and Persians, and saw that they used to cohabit with their suckling wives and that did not harm their children. Then they asked him about 'azl, whereupon he said. That is the secret way of burying alive.”
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Conclusion: The Prophet (saw) did not prohibit contraception but he did not encourage it. - It would be lawful for a couple to use contraceptive methods if they opt for it, provided that: - It does not involve pregnancy termination. - It should not be made as a general policy of a Muslim community as it may be exploited by anti-Muslims to affect Muslim communities and turn them to minorities. 8/18/2007
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- It should not be imposed on anyone by anyone, as it is the absolute right of everyone to have children. - It should be practised only with the consent of both sides: husband and wife.
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3. To eliminate the possibility of having children Surgical contraception (sterilization) This method of contraception is done through removing or blocking sex organs. - Vasectomy is a surgical procedure leading to the sterilization of man. It is a procedure that involves cutting, tying and sealing both the tubes running sperm from testicles to the urethra and penis. It is a way to prevent ejaculation permanently. 8/18/2007
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- For women, oviducts (tubes that run eggs) are surgically cut and sealed, preventing an egg from reaching the womb or from even coming in contact with sperm but allowing ovulation to continue. It is also a way to prevent pregnancy permanently for women. - Sterilization is not lawful in Islam. It is against one of the main objectives of creating the two different sexes; that is to have children and cause the continuation of human race. 8/18/2007
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ﻮ ٍﻥﻣ ﹾﻈﻌ ﺑ ﹺﻦ ﺎ ﹶﻥﻋ ﹾﺜﻤ ﻋﻠﹶﻰ ﻢ ﺳ ﱠﻠ ﻭ ﻪ ﻴ ﻋ ﹶﻠ ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ ﻪ ﻮ ﹸﻝ ﺍﻟ ﱠﻠﺭﺳ ﺩ ﺭ :ﺹ ﻗﹶﺎ ﹶﻝ ﻭﻗﱠﺎ ﹴ ﺑ ﹺﻦ ﹶﺃﺑﹺﻲ ﺪ ﻌ ﺳ ﻦ ﻋ .( ﻛﺘﺎﺏ ﺍﻟﻨﻜﺎﺡ:ﺎ" )ﺻﺤﻴﺢ ﻣﺴﻠﻢﻴﻨ ﺼ ﺘﺧ ﻻﺫ ﹶﻥ ﹶﻟﻪ ﻮ ﹶﺃ ﻭﹶﻟ ﺒﱡﺘ ﹶﻞﺘﺍﻟ
Sa'd b. Abi Waqqas says: the idea of 'Uthman b. Madh'un for living in celibacy was rejected by the Prophet (saw), and if he had been given permission they would have got themselves castrated (sterilized).”
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Abdullah b. ‘Umar said: We used to participate in jihad with the Prophet (saw) and we had no wives with us. So we said (to the Prophet). “Shall we castrate (sterilize) ourselves?” But the Prophet forbade us to do that and after that he allowed us to marry a woman by giving her even a garment, and then he recited: “O you who believe! Do not make unlawful the good things which Allah has made lawful for you.”
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Sterilization may be practised under cases of necessity - When pregnancy becomes dangerous to the mother’s life (determined by trustworthyMuslim doctors) and when other alternatives of contraception have been exhausted without being effective. - Marriage for tow persons infected with AIDS, HIV. 8/18/2007
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Human reproduction methods 1- In vitro fertilization/ IVF (test tube babies) - This is a method of assisted reproduction in which the man’s sperm and woman’s egg are taken and then combined in a laboratory dish, where fertilization occurs. The resulting pre-embryo is then transferred to the woman’s uterus. 8/18/2007
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This practice is lawful only when it involves a married couple while the marriage contract is still valid, and necessary measures are taken to prevent any manipulation of this practice to avoid any lineage confusion.
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2- Artificial insemination A method of inducing pregnancy in a female mammal by injecting sperm into the womb.
This would be lawful if: - If the sperm is taken from the legal husband - in a continuing marital life But if the sperm used is from a third party or one who is not a legal husband or from the husband but after divorce or his death, it will be prohibited. 8/18/2007
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3- Surrogacy Surrogate: taking place of somebody or something else. Surrogate mother: A woman who bears a child for a couple, with the intention of handing it over at birth. She usually either is artificially inseminated by the man or implanted with a fertilized egg from the woman. 8/18/2007
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1- The sperm and the egg are taken respectively from a legitimate husband and wife. The egg fertilized and then implanted in the womb of another woman who is not the wife of that man. (uterus) 2- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of his legal wife. (egg) 8/18/2007
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3- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of the same woman from whom the egg was taken. (egg + uterus – same woman) 4- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of a third woman. (egg + uterus – different women) - These four forms are haram because in each case a third party who is not a legitimate wife is involved. 8/18/2007
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5- The sperm is taken from a husband who have more than one wife. The egg is taken from one wife. After fertilizing the egg the pre-embryo is implanted in the womb of the second wife. Regarding this case, most of Muslim scholars believe it is unlawful also. Although the sperm is not strange to the womb since it is the womb of his second wife, but the egg is a stranger because it is from another woman. Another objection is that the woman who is bearing the embryo may conceive from her husband using her own egg whereas the embryo implanted may fail to develop and this may lead to confusion: to whom the foetus belongs? 8/18/2007
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- Marital life is limited to its legitimate parties. Any practice that may involve any third party (either a man or a woman) in any form (whether in the form of semen, an ovum, an embryo, or a womb) is unlawful. - Any interference to violate the contract of marriage by introducing any third party (male or female) by a normal way or a biomedical technique is violation of Islamic law. Thus, it is forbidden.
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- Blood relationship is the fundamental basis of marriage and inheritance in Islam. Any practice that may undermine the family ties or create lineage confusion is forbidden.
- Destruction of the concept of motherhood - Weakening familial relations - Confusion in lineage
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Surrogate fatherhood This is when the sperm is taken from a man who is not the legitimate husband of the woman. This is forbidden because it involves a person who is not tied to that woman with a legitimate marital relationship.
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Remedies for barren (infertile) couples 1- Using artificial techniques of fertilization 2- Foster parenting Legal adoption foster parenting - Take the name of the - retains the name of new family his original family - May be entitled to - not entitled/ may be inheritance given through will (wasiyyah) up to 1/3 - Not a mahram 8/18/2007
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WEEK 12
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Plastic surgery the surgical speciality concerned with the treatment of structural deformity and disfigurement. It is also involved with the enhancement of the appearance of a person (beauty). a) Cosmetic surgery b) Reconstructive surgery 8/18/2007
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a) Cosmetic surgery: Performed to reshape normal structures of the body to improve the person’s appearance. Like facelift (a medical operation in which the skin of a person’s face is tightened in order to make them look younger) and attempts to reverse the signs of ageing, and surgery of breasts (to increase or decrease the size of the breasts).
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‘Abdullah reported that Allah had cursed those women who tattoo and who have themselves tattooed, those who pluck hair from their faces and who have their facial hair plucked, and those who make spaces between their teeth for beautification changing what Allah has created.
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Prohibited because of: - Excessive beautification - Entails deception - Changing creation of Allah - Entails dissatisfaction with one’s creation - Pride and show-off - Not needed/ no harm to be removed - Concentration on carnal beauty - Wasting of money
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b) Reconstructive surgery: Performed on abnormal structures of the body caused by: - Congenital defects (defects that exist since or before birth): abnormally turned-out lips, split lips, twisted fingers or toes...etc. - developmental abnormalities: tumours (a mass of cells growing in or on a part of the body where they should not, deformed teeth…etc. 8/18/2007
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- Injuries: scars left by leprosy or other skin diseases, or scars caused by accidents and burns…etc. This type of surgery may be permitted because these faults and scars usually cause physical and psychological pain to the person inflicted with them. Moreover, operating on them is not considered to be changing the creation of Allah.
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WEEK 14
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Termination of human life 1- Suicide (29 :ﻴﻤًﺎ{ )ﺍﻟﻨﺴﺎﺀﺭﺣ ﻢ ﻪ ﻛﹶﺎ ﹶﻥ ﹺﺑ ﹸﻜ ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ﺴﻜﹸ ﻠﹸﻮﺍ ﺃﹶﻧﻔﹸﺗ ﹾﻘﺘ ﻻ}ﻭ
“You shall not kill yourselves” (4: 29) (195 :ﺔ{ )ﺍﻟﺒﻘﺮﺓ ﻬﻠﹸ ﹶﻜ ﺘﻢ ﹺﺇﻟﹶﻰ ﺍﻟ ﻳ ﹸﻜﻳﺪﺗ ﹾﻠﻘﹸﻮﺍ ﹺﺑﹶﺄ ﻻ}ﻭ
“Do not expose yourselves to ruin” (2: 195)
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“And whoever commits suicide with a piece of iron will be punished with the same piece of iron in the Hell Fire.” (hadith) Narrated Jundab the Prophet said: "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him." Cause of suicide: Overwhelming sense of despair 8/18/2007
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2- Euthanasia (mercy killing) People involved: - A patient in a persistent vegetative state who is awake but is not aware of self or the environment. - Patient in terminal illness who may or may not be subject to life-support machine. - People suffering from great pain.
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Types of Euthanasia: a) Active Euthanasia: An act of commission by taking action that leads to death, e.g. a lethal injection. b) Passive Euthanasia: - Letting a person die by taking no action to maintain his life, like stopping giving medications to one whose life is dependent on it. - Withholding medical or surgical procedures and life-support systems. 8/18/2007
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3- Abortion The expulsion of the products of pregnancy before the foetus is viable. Any interruption of human pregnancy prior to the 28th week (6 months) is known as Abortion. Miscarriage: This term is used for the delivery of a nonviable embryo or foetus due to foetal or maternal factors.
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Induced Abortion This is made by an elective decision to terminate the pregnancy through the ways and means available. - If the induced Abortion is performed to prevent the health or life of the mother, it is called therapeutic abortion.
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Abortion: lawful or haram? 1- After quickening (the soul breathed in the body) - Prohibited - When quickening takes place? After 120 days After 40 days
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2- Before quickening (40 days/120) - Few scholars: permissible - Few scholars: reprehensible - The majority: prohibited only for justifiable reasons (rape, incest, genetic diseases) Why prohibited? - Assault against human life - Harmful (mentally, emotionally, physically) - Ethical impact: encourage adultery especially among teens. 8/18/2007
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4. Organ donation and transplantation Legal justification Against: Violation of human body/ dignity In favour: - And if anyone saved a life it would be as if he saved the lives of all mankind.” (5: 32) - Charity - Necessity dictates exception - Choice of the lesser evil if both can’t be avoided - Prohibition of sale or exchange 8/18/2007
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Organs donated: 1- Primary organs essential for life Heart , brain Brain stem death – keeping some organs functioning 2- Secondary organs essential for life - Two: kidneys, lungs - One: liver 3- Secondary organs, not essential for life - Irreplaceable: hands, ears, nose, legs, eyes, etc. 8/18/2007
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4- Other parts of the body - Replaceable: blood, skin, other tissues 5- Organs involved in reproduction Testicles, ovary, womb
The donor 1- Animals: lawful, unlawful 2- Humans: - Miscarried foetuses - Aborted foetuses 8/18/2007
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- Children/ minors/ under guardianship - Adults: - Living - Dead: - explicit acceptance or rejection - no will
The recipient - Muslim - Non-Muslim 8/18/2007
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Transsexual (Transsexualism) Transgender (Transgenderism) What is gender? • The term gender is used to distinguish between what is considered as ‘masculine’ or ‘feminine’
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What determines gender identity? 1- Biological factor: sexual organs, physical appearance (shape of the body), hormones…etc. 2- Characteristics, attributes, behaviour: Dress, mannerism, speech patterns, social behaviour and interaction. 3- Psychological factor: The feeling or desire of someone to express his gender identity in a form which is not in conformity with their biological sex. 8/18/2007
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Who is to assign gender identity? 1. The Creator: the biological gender 2. Can society assign gender identity to individuals? 3. Can gender identity be changed based on mere psychological factors: feeling and desire?
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Type of those seek gender/sex reassignment (transsexuality) 1. Hermaphrodite: one who has both male and female sexual organs 2. People with hormone disorder 3. People with mere desire to move to the other gender (social, family, and psychological factors). 8/18/2007
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WEEK 14
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Islamic financial market
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Basics: 1- Prohibition of riba (usury/ interest) 2- Prohibition of gambling 3- Prohibition of involvement in prohibited commodities (production, sale, buy) 4- Avoidance uncertainty) 8/18/2007
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5- Risk-sharing or help ¾If you want to get profit in this life you have to accept risk-sharing ¾If you want to get profit in the second life you help the needy through al-qardh al-hassan == Application of all transactions which don’t entail the above-mentioned prohibitions - Islamic banking business runs on the basis of commercial and trading principles. 8/18/2007
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Islamic Financial Markets Vs. Conventional Financial Markets - Comparison between Islamic and conventional financial markets in theory and practice.
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- Deposits / Accounts - Money transfer - Loans
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Credit Card A small plastic card issued to users of the credit system after approval from a provider (bank), in which they will be able to make purchases from merchants supporting that credit card up to a prenegotiated credit limit. When a purchase is made, the credit card user indicates their consent to pay, usually by signing a receipt. 8/18/2007
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- Some services can be paid for over the telephone by credit card merely by quoting the credit card number, and they can be used in a similar manner to pay for purchases from online vendors. (“card not present" transactions) - Each month, the credit card user is sent a statement indicating the purchases undertaken with the card, and the total amount owing. - The cardholder must then pay a minimum proportion of the bill by a due date, or pay the entire amount owing. 8/18/2007
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• Secured Credit Cards - A secured credit card is a special type of credit card in which you must first put down a deposit between 100% and 150% of the total amount of credit you desire. - Thus if you put down $1000, you will be given credit in the range of $500-$1000. - This deposit is held in a special savings account.
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- The owner of the secured credit card is still expected to make regular payment, as he or she would with a regular credit card. - Should he/she default on a payment, the card issuer can deduct payments on the card out of the deposit. - They are often offered to people as a means of rebuilding one’s credit. - Secured credit cards are available with both Visa and MasterCard logos on them. 8/18/2007
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Types of credit given 1. Some credit card issuers offer interest-free periods. If the balance is paid in full each month (or the stipulated period) the interest charges will be waived. This allows the credit card to serve as a form of revolving credit. If the balance is not paid as stipulated by the agreement on the which the card was issued, interest charges will be imposed on the credit card holder. 8/18/2007
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Typically, the rate of interest charges on the amount owing is much higher than most other forms of debt. 2. Some credit providers charge interest on the amount owing from the very beginning. In this case the interest rates are much lower than those imposed in the first type.
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Guarantee to merchants: - Credit card companies generally provide a guarantee the merchant will be paid on legitimate transactions regardless of whether the consumer pays their credit card bill. - However, credit card companies generally will not pay a merchant if the consumer challenges the legitimacy of the transaction.
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Benefits to card companies: 1. The interest charges imposed on debts given (from the beginning or after the due date of payment). 2. card companies charge merchants fees/ commission for money transfer. 3. Annual fees
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Credit Card Organizations: 1. Diners Club (Dinners Club International) 2. MasterCard (Master Card Incorporated) 3. BankCard (Australian Financial Institutions) 4. VISA (International Service Association) 5. American Express (American Express, NY) 6. Discover Card (Discover Bank/ Morgan Stanley) 7. JCB (Japan Credit Bureau)
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Adventages vs. Disadvantages: Adventages: - Conveniency in payment/ no need to carry cash - Emmidiate availability of (short term) loans in case of an urgent need - Avoidance of long procedures. - Face saving in case of need for short loans.
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Disadvantages: - Enhances the culture of borrowing - Enhances consumerism: - Difficulty in controlling expenses - Uunwise use especially by young people - Suffer the long-term consequences of carrying high debt. - Payment of prohibited interest (riba)
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- Extra burden on consumers The credit card companies usually prevent the money transfer fees from being passed on to credit card users the merchants, certainly, don’t bear those fees. The fees are spread among all customers by adding them to the normal prices. especially as some credit providers give their users incentives such as frequent flier miles or gift certificates The credit card users (some individuals) are using a public good without bearing the entire cost of their actions. The costs are borne by others. 8/18/2007
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Debit Card A debit card is a card which physically resembles a credit card, and, like a credit card, is used as an alternative to cash when making purchases when purchases are made with a debit card, the funds are withdrawn directly from the purchaser's checking or savings account at a bank.
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Types of debit card: 1. Online debit cards: use the same underlying technology as ATMs (Canada) 2. Offline debit cards: carry the logotypes of, and can be used in a manner nearly identical to, major credit cards (e.g. Visa or MasterCard). The use of a debit card in this manner may have a daily limit, with the maximum limit being the amount of money on deposit. A debit card used in this manner is similar to a secured credit card. 8/18/2007
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A small fee may be charged for "debit" transactions (often absorbed by the retailer) from the merchant's standpoint, the merchant pays lower fees on a "debit" transaction as compared to "credit" transactions. To the consumer, a debit transaction is real-time; i.e. the money is withdrawn from their account immediately following the authorization request from the merchant.
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Ruling on debit /credit card 1. Debit card: lawful 2. Secured credit card: lawful 3. Other credit cards: - It is strictly prohibited for a Muslim/ Islamic bank to issue interest-based credit cards. - A lot of scholars are of the opinion that signing a credit card contract and using it is permissible with two conditions: 8/18/2007
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1) that the user is keen and able to pay within the grace period – the purchases made don’t exceed the amount that one can pay when the bill comes/ within the grace period; 2) the user will not withdraw cash (because cash withdrawal generates interest from the day of withdrawal and does not have a grace period).
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Justification of permissibility One is not signing a loan contract with interest but he is signing a contract that gives him the choice to make the interest applied or not. Consequently, if you know for sure that you can use it without incurring any interest you make the interest clause useless and it is permissible to sign such a contract and use the card.”
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