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

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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”.

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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.
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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/ ‫ﺧﻠُﻖ‬ُ ) 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.

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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.
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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 …).
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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
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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.

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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.
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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)

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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).

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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 Roots

Profession Declaration

Practice Validation 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
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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

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 (3)‫ﺒ ﹺﺮ‬ ‫ﺼ‬
 ‫ﺍ ﺑﹺﺎﻟ‬‫ﺻﻮ‬
 ‫ﺍ‬‫ﺗﻮ‬‫ﻭ‬ ‫ﻖ‬ ‫ﺤ‬
 ‫ﺍ ﹺﺑﺎﹾﻟ‬‫ﺻﻮ‬
 ‫ﺍ‬‫ﺗﻮ‬‫ﻭ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻟﺤ‬‫ﺎ‬‫ﻤﻠﹸﻮﺍ ﺍﻟﺼ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻮﺍ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫( ﹺﺇ ﱠﻻ ﺍﱠﻟﺬ‬2) ‫ﺴ ﹴﺮ‬
 ‫ﻲ ﺧ‬‫ﺎ ﹶﻥ ﹶﻟﻔ‬‫( ﹺﺇ ﱠﻥ ﺍﻹِﻧﺴ‬1) ‫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)

(82 :‫ﻭ ﹶﻥ)ﺍﻟﺒﻘﺮﺭﺓ‬‫ﻟﺪ‬‫ﺎ‬‫ﺎ ﺧ‬‫ﻓﻴﻬ‬ ‫ﻢ‬ ‫ﻫ‬ ‫ﺔ‬ ‫ﻨ‬‫ﺠ‬

 ‫ﺏ ﺍﹾﻟ‬
 ‫ﺎ‬‫ﺻﺤ‬
 ‫ﻚ ﹶﺃ‬
 ‫ﺌ‬‫ﺕ ﺃﹸﻭﹶﻟ‬
 ‫ﺎ‬‫ﻟﺤ‬‫ﺎ‬‫ﻤﻠﹸﻮﺍ ﺍﻟﺼ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻮﺍ‬‫ﻣﻨ‬ ‫ﻦ ﺀَﺍ‬ ‫ﻳ‬‫ﺍﱠﻟﺬ‬‫ﻭ‬ •
• 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)
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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)
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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)

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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 ‫ﻧ‬‫ﻋﻠﹶﻰ ﹶﺃ‬ ‫ﺮ‬ ‫ﻣ‬ ‫ﺏ‬
‫ﺎ ﹴ‬‫ ﹶﻛ ﹸﺬﺑ‬‫ﺑﻪ‬‫ﻮ‬‫ﻯ ﹸﺫﻧ‬‫ﻳﺮ‬ ‫ﺮ‬ ‫ﻭﹺﺇﻥﱠ ﺍﹾﻟﻔﹶﺎ ﹺﺟ‬ ‫ﻪ‬ ‫ﻴ‬‫ﻋﹶﻠ‬ ‫ﻊ‬ ‫ﻳ ﹶﻘ‬ ‫ﻑ ﹶﺃ ﹾﻥ‬
 ‫ﺎ‬‫ﻳﺨ‬ ‫ﺒ ﹴﻞ‬‫ﺟ‬ ‫ﺖ‬
 ‫ﺤ‬
 ‫ﺗ‬ ‫ﺪ‬ ‫ﻋ‬ ‫ ﻗﹶﺎ‬‫ﻧﻪ‬‫ ﹶﻛﹶﺄ‬‫ﺑﻪ‬‫ﻮ‬‫ﻯ ﹸﺫﻧ‬‫ﻳﺮ‬ ‫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)
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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)
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 …
• Truth righteousness Jannah
• Tell truth regularly truthful person

• Falsehood wickedness Jahannam

• Tell lies regularly liar

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 …
‫ﻢ‬ ‫ﺘ‬‫ﻧ‬‫ﻬ ﹾﻞ ﹶﺃ‬ ‫ﺓ ﹶﻓ‬ ‫ﺼﻠﹶﺎ‬
 ‫ﻋ ﹺﻦ ﺍﻟ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﺫ ﹾﻛ ﹺﺮ ﺍﻟﻠﱠ‬ ‫ﻦ‬ ‫ﻋ‬ ‫ﻢ‬ ‫ﻛﹸ‬‫ﺪ‬‫ﻳﺼ‬‫ﻭ‬ ‫ﺴ ﹺﺮ‬
ِ ‫ﻴ‬‫ﻤ‬ ‫ﺍﹾﻟ‬‫ﻤ ﹺﺮ ﻭ‬ ‫ﺨ‬
 ‫ﻲ ﺍﹾﻟ‬‫ﺎ َﺀ ﻓ‬‫ﻐﻀ‬ ‫ﺒ‬‫ﺍﹾﻟ‬‫ﻭ ﹶﺓ ﻭ‬ ‫ﺍ‬‫ﻌﺪ‬ ‫ ﺍﹾﻟ‬‫ﻨﻜﹸﻢ‬‫ﻴ‬‫ﺑ‬ ‫ﻊ‬ ‫ﻗ‬‫ﻮ‬‫ﻴﻄﹶﺎ ﹸﻥ ﹶﺃ ﹾﻥ ﻳ‬‫ﺸ‬
 ‫ﺪ ﺍﻟ‬ ‫ﻳﺮﹺﻳ‬ ‫ﺎ‬‫ﻧﻤ‬‫• ﹺﺇ‬
(91 :‫ﻮ ﹶﻥ )ﺍﳌﺎﺋﺪﺓ‬‫ﺘﻬ‬‫ﻨ‬‫ﻣ‬

• 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

8/18/2007 36
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 (iron-
smith). 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)

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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)

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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
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What is Amanah?

Honesty Responsibility

Amanah

Sincerity 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)
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Aspects of Amanah

Amanah

Vicegerancy
Family
Deposits
Secrets
Work/ public office
Wealth & abilities
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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
‫ﻧﻪ‬‫ﺎ ﹸﻥ ﹺﺇ‬‫ﻧﺴ‬‫ﺎ ﺍ ِﻹ‬‫ﻤ ﹶﻠﻬ‬ ‫ﺣ‬ ‫ﻭ‬ ‫ﺎ‬‫ﻨﻬ‬ ‫ﻣ‬ ‫ﻦ‬ ‫ﺷ ﹶﻔ ﹾﻘ‬ ‫ﻭﹶﺃ‬ ‫ﺎ‬‫ﻨﻬ‬‫ﻤ ﹾﻠ‬ ‫ﺤ‬
 ‫ﻳ‬ ‫ﻦ ﹶﺃ ﹾﻥ‬ ‫ﻴ‬ ‫ﺑ‬‫ﺎ ﹺﻝ ﹶﻓﹶﺄ‬‫ﺠﺒ‬
‫ﺍﹾﻟ ﹺ‬‫ﺽ ﻭ‬
‫ﺭ ﹺ‬ ‫ﺍ َﻷ‬‫ﺕ ﻭ‬
 ‫ﺍ‬‫ﺎﻭ‬‫ﺴﻤ‬
 ‫ﻋﻠﹶﻰ ﺍﻟ‬ ‫ﻧ ﹶﺔ‬‫ﺎ‬‫ﺎ ﺍ َﻷﻣ‬‫ﺿﻨ‬
 ‫ﺮ‬ ‫ﻋ‬ ‫ﺎ‬‫}ﹺﺇﻧ‬
.(‫({ )ﺳﻮﺭﺓ ﺍﻷﺣﺰﺍﺏ‬72) ‫ﻮ ﹰﻻ‬‫ﺟﻬ‬ ‫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 44
 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)

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3. The amanah of returning deposits to their
owners

.(‫({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ‬58) ..‫ﺎ‬‫ﻠﻬ‬ ‫ﻫ‬ ‫ﺕ ﹺﺇﻟﹶﻰ ﹶﺃ‬

 ‫ﺎ‬‫ﺎﻧ‬‫ﺆﺩﱡﻭﺍ ﺍ َﻷﻣ‬ ‫ﺗ‬ ‫ﻢ ﹶﺃ ﹾﻥ‬ ‫ﻛﹸ‬‫ﺮ‬‫ﻳ 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)

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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 47
6. The amanah of wealth & abilities

‫ﻦ‬ ‫ﻣ‬ ‫ﻪ‬ ‫ﻟ‬‫ﺎ‬‫ﻦ ﻣ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻌ ﹶﻞ‬ ‫ﻢ ﹶﻓ‬ ‫ﻴ‬‫ﻪ ﻓ‬ ‫ﻤ‬ ‫ﻋ ﹾﻠ‬ ‫ﻦ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻩ‬ ‫ﺎ‬‫ﺎ ﹶﺃ ﹾﻓﻨ‬‫ﻴﻤ‬‫ﻩ ﻓ‬ ‫ ﹺﺮ‬‫ﻤ‬‫ﻦ ﻋ‬ ‫ﻋ‬ ‫ﺴﹶﺄ ﹶﻝ‬
 ‫ﻰ ﻳ‬‫ﺣﺘ‬ ‫ﺔ‬ ‫ﻣ‬ ‫ﺎ‬‫ﻘﻴ‬ ‫ﻡ ﺍﹾﻟ‬ ‫ﻮ‬ ‫ﻳ‬ ‫ﺒ ٍﺪ‬‫ﻋ‬ ‫ﺎ‬‫ﺪﻣ‬ ‫ﻭ ﹸﻝ ﹶﻗ‬‫ﺗﺰ‬ ‫"ﻻ‬
". ‫ﻩ‬ ‫ﺑﻼ‬‫ﻢ ﹶﺃ‬ ‫ﻴ‬‫ﻪ ﻓ‬ ‫ﻤ‬ ‫ﺴ‬
 ‫ﻦ ﹺﺟ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻧ ﹶﻔ ﹶﻘﻪ‬‫ﻢ ﹶﺃ‬ ‫ﻴ‬‫ﻭﻓ‬ ‫ﺒﻪ‬‫ﺴ‬ ‫ﺘ‬‫ﻦ ﺍ ﹾﻛ‬ ‫ﻳ‬‫ﹶﺃ‬
“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 48
 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 49
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 50
Forms of Justice

Justice

Judging between people

Sayings

state of mind/
way of thinking
way of treating
people
8/18/2007 51
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.

8/18/2007 52
2. Justice in judging between people/
Judicial justice
Judges, mediators, arbiters

To be impartial in judging between people

8/18/2007 53
‫ﻪ‬ ‫ﺪ ﹺﻝ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﻌ‬ ‫ﻮﺍ ﺑﹺﺎﹾﻟ‬‫ﺤﻜﹸﻤ‬
 ‫ﺗ‬ ‫ﺱ ﹶﺃ ﹾﻥ‬
‫ﺎ ﹺ‬‫ﻦ ﺍﻟﻨ‬ ‫ﻴ‬ ‫ﺑ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻤ‬ ‫ﺣ ﹶﻜ‬ ‫ﻭﹺﺇﺫﹶﺍ‬ ‫ﺎ‬‫ﻠﻬ‬ ‫ﻫ‬ ‫ﺕ ﹺﺇﻟﹶﻰ ﹶﺃ‬
 ‫ﺎ‬‫ﺎﻧ‬‫ﺆﺩﱡﻭﺍ ﺍ َﻷﻣ‬ ‫ﺗ‬ ‫ﻢ ﹶﺃ ﹾﻥ‬ ‫ﻛﹸ‬‫ﺮ‬‫ﻳ ﹾﺄﻣ‬ ‫ﻪ‬ ‫}ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬
.(‫({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ‬58)‫ﺼﲑًﺍ‬  ‫ﺑ‬ ‫ﻴﻌًﺎ‬‫ﺳﻤ‬ ‫ﻪ ﻛﹶﺎ ﹶﻥ‬ ‫ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﻢ ﹺﺑ‬ ‫ﻌﻈﹸﻜﹸ‬ ‫ﻳ‬ ‫ﺎ‬‫ﻌﻤ‬ ‫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)

8/18/2007 54
‫ﻢ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﻋ‬ ‫ﺽ‬
 ‫ﻌ ﹺﺮ‬ ‫ﺗ‬ ‫ﻭﹺﺇ ﹾﻥ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﻋ‬ ‫ﺽ‬
 ‫ﻋ ﹺﺮ‬ ‫ﻭ ﹶﺃ‬ ‫ﻢ ﹶﺃ‬ ‫ﻬ‬ ‫ﻨ‬‫ﻴ‬ ‫ﺑ‬ ‫ﻢ‬ ‫ﺣ ﹸﻜ‬ ‫ﻙ ﻓﹶﺎ‬ ‫ﺎﺀُﻭ‬‫ﺖ ﹶﻓﹺﺈ ﹾﻥ ﺟ‬  ‫ﺤ‬‫ﺴ‬‫ﻠ ﱡ‬‫ﺏ ﹶﺃﻛﱠﺎﻟﹸﻮ ﹶﻥ ﻟ‬
‫ﺬ ﹺ‬ ‫ﻟ ﹾﻠ ﹶﻜ‬ ‫ﻮ ﹶﻥ‬‫ﺎﻋ‬‫ﺳﻤ‬ }
‫({ )ﺳﻮﺭﺓ‬42)‫ﲔ‬  ‫ﻄ‬ ‫ﺴ‬ ِ ‫ ﹾﻘ‬‫ﺐ ﺍﹾﻟﻤ‬‫ﺤ ﱡ‬  ‫ﻳ‬ ‫ﻪ‬ ‫ﻂ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﺴ‬  ‫ﻘ‬ ‫ﻢ ﹺﺑﺎﹾﻟ‬ ‫ﻬ‬ ‫ﻨ‬‫ﻴ‬ ‫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 55
3. Justice in sayings

To say the truth and bear witness with

justice

8/18/2007 56
- With enemies:

‫ﻮ ﹴﻡ‬ ‫ﺂ ﹸﻥ ﹶﻗ‬‫ﺷﻨ‬ ‫ﻢ‬ ‫ﻨﻜﹸ‬‫ﻣ‬ ‫ﺠ ﹺﺮ‬

 ‫ﻳ‬ ‫ﻻ‬‫ﻂ ﻭ‬
‫ﺴ‬
 ‫ﻘ‬ ‫ﺪﺍ َﺀ ﺑﹺﺎﹾﻟ‬ ‫ﻬ‬ ‫ﻪ ﺷ‬ ‫ﻟ ﱠﻠ‬ ‫ﲔ‬
 ‫ﻣ‬ ‫ﺍ‬‫ﻮﺍ ﹶﻗﻮ‬‫ﻮﺍ ﻛﹸﻮﻧ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎ ﹶﺃﱡﻳﻬ‬‫}ﻳ‬
‫ﺎ‬‫ﺧﹺﺒﲑٌ ﹺﺑﻤ‬ ‫ﻪ‬ ‫ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠ‬‫ﺍ‬‫ﻯ ﻭ‬‫ﺘ ﹾﻘﻮ‬‫ﻠ‬‫ ﻟ‬‫ﺮﺏ‬ ‫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 57
 - Against oneself & relatives
.(‫({ )ﺳﻮﺭﺓ ﺍﻷﻧﻌﺎﻡ‬152) … ‫ﻰ‬‫ﺮﺑ‬ ‫ﻮ ﻛﹶﺎ ﹶﻥ ﺫﹶﺍ ﹸﻗ‬ ‫ﻭﹶﻟ‬ ‫ﺪﻟﹸﻮﺍ‬ ‫ﻋ‬ ‫ﻢ ﻓﹶﺎ‬ ‫ﺘ‬‫ﻭﹺﺇﺫﹶﺍ ﹸﻗ ﹾﻠ‬ }
“And when you speak, then be just though it be
against a relative…” (6: 152)

8/18/2007 58
 ‫ﻭ‬ ‫ﻢ ﹶﺃ‬ ‫ﺴﻜﹸ‬
ِ ‫ﻋﻠﹶﻰ ﺃﹶﻧﻔﹸ‬ ‫ﻮ‬ ‫ﻭﹶﻟ‬ ‫ﻪ‬ ‫ﻟ ﱠﻠ‬ ‫ﺍ َﺀ‬‫ﻬﺪ‬ ‫ﺷ‬ ‫ﻂ‬ ‫ﺴ‬  ‫ﻘ‬ ‫ﲔ ﺑﹺﺎﹾﻟ‬ ‫ﻣ‬ ‫ﺍ‬‫ﻮﺍ ﹶﻗﻮ‬‫ﻮﺍ ﻛﹸﻮﻧ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎﹶﺃﱡﻳﻬ‬‫ﻳ‬
‫ﻯ ﹶﺃ ﹾﻥ‬‫ﻬﻮ‬ ‫ﻮﺍ ﺍﹾﻟ‬‫ﺘﹺﺒﻌ‬‫ﺗ‬ ‫ﺎ ﹶﻓﻠﹶﺎ‬‫ﻭﻟﹶﻰ ﹺﺑ ﹺﻬﻤ‬ ‫ ﹶﺃ‬‫ﲑﺍ ﻓﹶﺎﻟ ﱠﻠﻪ‬
ً ‫ﻘ‬ ‫ﻭ ﹶﻓ‬ ‫ﺎ ﹶﺃ‬‫ﻦ ﹶﻏﹺﻨﻴ‬ ‫ﻳ ﹸﻜ‬ ‫ﲔ ﹺﺇ ﹾﻥ‬
 ‫ﺮﹺﺑ‬ ‫ﺍﹾﻟﹶﺄ ﹾﻗ‬‫ﻳ ﹺﻦ ﻭ‬‫ﺪ‬ ‫ﻟ‬‫ﺍ‬‫ﺍﹾﻟﻮ‬
(‫( )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 59
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 60
- Social welfare fund:
‫ﺑ ﹺﻦ‬‫ﺍ‬‫ﲔ ﻭ‬ ‫ﻛ ﹺ‬ ‫ﺎ‬‫ﻤﺴ‬ ‫ﺍﹾﻟ‬‫ﻰ ﻭ‬‫ﺎﻣ‬‫ﻴﺘ‬‫ﺍﹾﻟ‬‫ﻰ ﻭ‬‫ﺮﺑ‬ ‫ﻱ ﺍﹾﻟ ﹸﻘ‬‫ﻟﺬ‬‫ﻭ‬ ‫ﻮ ﹺﻝ‬‫ﺮﺳ‬ ‫ﻠ‬‫ﻭﻟ‬ ‫ﻪ‬ ‫ﻠ ﱠﻠ‬ ‫ﻯ ﹶﻓ‬‫ﻫ ﹺﻞ ﺍﹾﻟ ﹸﻘﺮ‬ ‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﻪ‬ ‫ﻟ‬‫ﻮ‬‫ﺭﺳ‬ ‫ﻋﻠﹶﻰ‬ ‫ﻪ‬ ‫ﺎ ﹶﺃﻓﹶﺎ َﺀ ﺍﻟ ﱠﻠ‬‫}ﻣ‬
‫ﻨﻪ‬ ‫ﻋ‬ ‫ﻢ‬ ‫ﺎ ﹸﻛ‬‫ﻧﻬ‬ ‫ﺎ‬‫ﻭﻣ‬ ‫ﻩ‬ ‫ﺨﺬﹸﻭ‬
 ‫ﻮ ﹸﻝ ﹶﻓ‬‫ﺮﺳ‬ ‫ﻢ ﺍﻟ‬ ‫ﺎ ﹸﻛ‬‫ﺎ ﺀَﺍﺗ‬‫ﻭﻣ‬ ‫ﻢ‬ ‫ﻨ ﹸﻜ‬ ‫ﻣ‬ ‫ﺎ ِﺀ‬‫ﻦ ﺍ َﻷ ﹾﻏﹺﻨﻴ‬ ‫ﻴ‬ ‫ﺑ‬ ‫ﻭﹶﻟ ﹰﺔ‬‫ﻳﻜﹸﻮ ﹶﻥ ﺩ‬ ‫ﻲ ﻻ‬ ‫ﺴﺒﹺﻴ ﹺﻞ ﹶﻛ‬  ‫ﺍﻟ‬
(‫({ )ﺍﳊﺸﺮ‬7)‫ﺏ‬ ‫ﻌﻘﹶﺎ ﹺ‬ ‫ﺪ ﺍﹾﻟ‬ ‫ﻳ‬‫ﺷﺪ‬ ‫ﻪ‬ ‫ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠ‬‫ﺍ‬‫ﻮﺍ ﻭ‬‫ﺘﻬ‬‫ﻧ‬‫ﻓﹶﺎ‬
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 61
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 62
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)

8/18/2007 63
 - Justice to wives/ husbands

‫ﺙ‬
‫ﻭﺛﹸﻼ ﹶ‬ ‫ﻰ‬‫ﻣ ﹾﺜﻨ‬ ‫ﺎ ِﺀ‬‫ﻨﺴ‬‫ﻦ ﺍﻟ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﺏ ﹶﻟ ﹸﻜ‬
 ‫ﺎ ﻃﹶﺎ‬‫ﻮﺍ ﻣ‬‫ﻜﺤ‬ ‫ﻰ ﻓﹶﺎﻧ‬‫ﺎﻣ‬‫ﻴﺘ‬‫ﻲ ﺍﹾﻟ‬‫ﺴﻄﹸﻮﺍ ﻓ‬ ِ ‫ ﹾﻘ‬‫ﻢ ﹶﺃ ﹼﻻ ﺗ‬ ‫ﺘ‬‫ﺧ ﹾﻔ‬ ‫ﻭﹺﺇ ﹾﻥ‬ }
‫ﻰ ﹶﺃ ﱠﻻ‬‫ﺩﻧ‬ ‫ﻚ ﹶﺃ‬
 ‫ﻟ‬‫ﻢ ﹶﺫ‬ ‫ﻧ ﹸﻜ‬‫ﺎ‬‫ﻳﻤ‬‫ﺖ ﹶﺃ‬
 ‫ﻣ ﹶﻠ ﹶﻜ‬ ‫ﺎ‬‫ﻭ ﻣ‬ ‫ﺪ ﹰﺓ ﹶﺃ‬ ‫ﺣ‬ ‫ﺍ‬‫ﺪﻟﹸﻮﺍ ﹶﻓﻮ‬ ‫ﻌ‬ ‫ﺗ‬ ‫ﻢ ﹶﺃ ﱠﻻ‬ ‫ﺘ‬‫ﺧ ﹾﻔ‬ ‫ﻉ ﹶﻓﹺﺈ ﹾﻥ‬  ‫ﺎ‬‫ﺭﺑ‬ ‫ﻭ‬
.(‫({ )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ‬3)‫ﻮﻟﹸﻮﺍ‬‫ﺗﻌ‬
“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 64
‫ﻭﹺﺇ ﹾﻥ‬ ‫ﺔ‬ ‫ﻌ ﱠﻠ ﹶﻘ‬ ‫ﻤ‬ ‫ﺎ ﻛﹶﺎﹾﻟ‬‫ﻭﻫ‬‫ﺘ ﹶﺬﺭ‬‫ﻴ ﹺﻞ ﹶﻓ‬ ‫ﻤ‬ ‫ﻴﻠﹸﻮﺍ ﹸﻛ ﱠﻞ ﺍﹾﻟ‬‫ﺗﻤ‬ ‫ﻢ ﹶﻓﻠﹶﺎ‬ ‫ﺘ‬‫ﺻ‬
 ‫ﺮ‬ ‫ﺣ‬ ‫ﻮ‬ ‫ﻭﹶﻟ‬ ‫ﺎ ِﺀ‬‫ﻨﺴ‬‫ﻦ ﺍﻟ‬ ‫ﻴ‬ ‫ﺑ‬ ‫ﺪﻟﹸﻮﺍ‬ ‫ﻌ‬ ‫ﺗ‬ ‫ﻮﺍ ﹶﺃ ﹾﻥ‬‫ﻴﻌ‬‫ﺘﻄ‬‫ﺴ‬
 ‫ﺗ‬ ‫ﻦ‬ ‫ﻭﹶﻟ‬
(‫( )ﺳﻮﺭﺓ ﺍﻟﻨﺴﺎﺀ‬129)‫ﻴﻤًﺎ‬‫ﺭﺣ‬ ‫ﻪ ﻛﹶﺎ ﹶﻥ ﹶﻏﻔﹸﻮﺭًﺍ‬ ‫ﺘﻘﹸﻮﺍ ﹶﻓﹺﺈ ﱠﻥ ﺍﻟ ﱠﻠ‬‫ﺗ‬‫ﻭ‬ ‫ﻮﺍ‬‫ﻠﺤ‬ ‫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

8/18/2007 65
(e) Justice in weighing & measuring

(35)‫ﺗ ﹾﺄﻭﹺﻳﻼ‬ ‫ﺴﻦ‬

 ‫ﺣ‬ ‫ﻭﹶﺃ‬ ٌ‫ﻴﺮ‬ ‫ﺧ‬ ‫ﻚ‬
 ‫ﻟ‬‫ﻴ ﹺﻢ ﹶﺫ‬‫ﺘﻘ‬‫ﺴ‬
 ‫ﻤ‬ ‫ﺱ ﺍﹾﻟ‬
‫ﺴﻄﹶﺎ ﹺ‬
 ‫ﻘ‬ ‫ﻮﺍ ﺑﹺﺎﹾﻟ‬‫ﻭ ﹺﺯﻧ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻛ 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)

8/18/2007 66
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 67
 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 68
2. Requirements of justice

(a) On the individual level:

1. To keep in mind the dire consequences of
injustice

‫ﻪ‬ ‫ﻴ‬‫ ﻓ‬‫ﺨﺺ‬ ‫ﺸ‬

 ‫ﺗ‬ ‫ﻮ ﹴﻡ‬ ‫ﻴ‬‫ﻟ‬ ‫ﻢ‬ ‫ﻫ‬‫ﺧﺮ‬ ‫ﺆ‬ ‫ﺎ ﻳ‬‫ﻧﻤ‬‫ﻮ ﹶﻥ ﹺﺇ‬‫ﻟﻤ‬‫ﻤﻞﹸ ﺍﻟﻈﱠﺎ‬ ‫ﻌ‬ ‫ﻳ‬ ‫ﺎ‬‫ﻋﻤ‬ ‫ﻼ‬
‫ﻓ ﹰ‬ ‫ﻪ ﻏﹶﺎ‬ ‫ﻦ ﺍﻟ ﱠﻠ‬ ‫ﺒ‬‫ﺴ‬
‫ﺤ‬ ‫ﺗ‬ ‫ﻻ‬‫}ﻭ‬
‫ﻢ‬ ‫ﻬ‬‫ﺪﺗ‬ ‫ﺌ‬‫ﻭﹶﺃ ﹾﻓ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﺮﻓﹸ‬ ‫ﻢ ﹶﻃ‬ ‫ﻴ ﹺﻬ‬ ‫ﺗ ﱡﺪ ﹺﺇﹶﻟ‬‫ﺮ‬ ‫ﻳ‬ ‫ﻢ ﻻ‬ ‫ﺳ ﹺﻬ‬ ‫ﺭﺀُﻭ‬ ‫ﻲ‬‫ﻣ ﹾﻘﹺﻨﻌ‬ ‫ﲔ‬  ‫ﻌ‬ ‫ﻄ‬ ‫ﻬ‬ ‫( ﻣ‬42) ‫ﺭ‬ ‫ﺎ‬‫ﺑﺼ‬‫ﺍ َﻷ‬
(‫({ )ﺇﺑﺮﺍﻫﻴﻢ‬43)ٌ‫ﺍﺀ‬‫ﻫﻮ‬

8/18/2007 69
 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)

8/18/2007 70
‫ﻦ‬ ‫ﻳ‬‫ﻋﻠﹶﻰ ﺍﱠﻟﺬ‬ ‫ﺴﺒﹺﻴ ﹸﻞ‬
 ‫ﺎ ﺍﻟ‬‫ﻧﻤ‬‫( ﹺﺇ‬41)‫ﺳﺒﹺﻴ ﹴﻞ‬ ‫ﻦ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﻴ ﹺﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﺎ‬‫ﻚ ﻣ‬  ‫ﺌ‬‫ﻪ ﹶﻓﺄﹸﻭﹶﻟ‬ ‫ﻤ‬ ‫ﺪ ﻇﹸ ﹾﻠ‬ ‫ﻌ‬ ‫ﺑ‬ ‫ﺮ‬ ‫ﺼ‬
 ‫ﺘ‬‫ﻧ‬‫ﻤ ﹺﻦ ﺍ‬ ‫ﻭﹶﻟ‬ }
{(42) ٌ‫ﻴﻢ‬‫ﻋﺬﹶﺍﺏٌ ﹶﺃﻟ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﻚ ﹶﻟ‬  ‫ﺌ‬‫ﻖ ﺃﹸﻭﹶﻟ‬ ‫ﺤ‬
 ‫ﻴ ﹺﺮ ﺍﹾﻟ‬ ‫ﻐ‬ ‫ﺽ ﹺﺑ‬
‫ﺭ ﹺ‬ ‫ﻲ ﺍ َﻷ‬‫ﻮ ﹶﻥ ﻓ‬‫ﺒﻐ‬ ‫ﻳ‬‫ﻭ‬ ‫ﺱ‬  ‫ﺎ‬‫ﻮ ﹶﻥ ﺍﻟﻨ‬‫ﻠﻤ‬ ‫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: 41-
42)

8/18/2007 71
 2- To distance oneself from oppressors

‫ﻭ ﹶﻥ‬‫ﺼﺮ‬
 ‫ﻨ‬ ‫ﻢ ﻻ ﺗ‬ ‫ﺎ َﺀ ﹸﺛ‬‫ﻟﻴ‬‫ﻭ‬ ‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﻪ‬ ‫ﻥ ﺍﻟ ﱠﻠ‬ ‫ﻭ‬‫ﻦ ﺩ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﺎ ﹶﻟ ﹸﻜ‬‫ﻭﻣ‬ ‫ﺭ‬ ‫ﺎ‬‫ ﺍﻟﻨ‬‫ﺴﻜﹸﻢ‬
 ‫ﻤ‬ ‫ﺘ‬‫ﻮﺍ ﹶﻓ‬‫ﻦ ﹶﻇ ﹶﻠﻤ‬ ‫ﻳ‬‫ﻮﺍ ﹺﺇﻟﹶﻰ ﺍﱠﻟﺬ‬‫ﺮ ﹶﻛﻨ‬ ‫ﺗ‬ ‫ﻻ‬‫ﻭ‬
(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)

8/18/2007 72
3- To examine whatever we hear before
acting against people on mere suspicion

‫ﻮﺍ‬‫ﺼﹺﺒﺤ‬
 ‫ﺘ‬‫ﺎﹶﻟ ٍﺔ ﹶﻓ‬‫ﺠﻬ‬
 ‫ﻮﻣًﺎ ﹺﺑ‬ ‫ﻮﺍ ﹶﻗ‬‫ﻴﺒ‬‫ﺗﺼ‬ ‫ﻮﺍ ﹶﺃ ﹾﻥ‬‫ﻴﻨ‬‫ﺒ‬‫ﺘ‬‫ﺒٍﺄ ﹶﻓ‬‫ﻨ‬‫ﺳ ٌﻖ ﹺﺑ‬ ‫ﻢ ﻓﹶﺎ‬ ‫ﺎ َﺀ ﹸﻛ‬‫ﻮﺍ ﹺﺇ ﹾﻥ ﺟ‬‫ﻣﻨ‬ ‫ﻦ ﺀَﺍ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎﹶﺃﱡﻳﻬ‬‫ﻳ‬
(6 :‫ )ﺍﳊﺠﺮﺍﺕ‬.‫ﲔ‬  ‫ﻣ‬ ‫ﺩ‬ ‫ﺎ‬‫ﻢ ﻧ‬ ‫ﺘ‬‫ﻌ ﹾﻠ‬ ‫ﺎ ﹶﻓ‬‫ﻋﻠﹶﻰ 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 73
:‫ﻦ ﹺﺇﹾﺛﻢٌ )ﺍﳊﺠﺮﺍﺕ‬ ‫ﺾ ﺍﻟ ﱠﻈ‬
 ‫ﻌ‬ ‫ﺑ‬ ‫ﻦ ﹺﺇ ﱠﻥ‬ ‫ﻦ ﺍﻟ ﱠﻈ‬ ‫ﻣ‬ ‫ﺜﲑًﺍ‬‫ﻮﺍ ﹶﻛ‬‫ﺘﹺﻨﺒ‬‫ﺟ‬ ‫ﻮﺍ ﺍ‬‫ﻣﻨ‬ ‫ﻦ ﺀَﺍ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎﹶﺃﱡﻳﻬ‬‫ﻳ‬
(12
O you who believe! Avoid most of
suspicion, for surely suspicion in some
cases is a sin. (49:12)

8/18/2007 74
(b) On societal level:

‫ﺪ‬ ‫ﻳ‬‫ﺤﺪ‬
 ‫ﺎ ﺍﹾﻟ‬‫ﺰﹾﻟﻨ‬ ‫ﻧ‬‫ﻭﹶﺃ‬ ‫ﻂ‬‫ﺴ‬  ‫ﻘ‬ ‫ﺱ ﺑﹺﺎﹾﻟ‬ ‫ﻨﺎ‬‫ﻡ ﺍﻟ‬ ‫ﻴﻘﹸﻮ‬‫ﻟ‬ ‫ﺍ ﹶﻥ‬‫ﻴﺰ‬‫ﺍﹾﻟﻤ‬‫ﺏ ﻭ‬  ‫ﺎ‬‫ﻜﺘ‬ ‫ﻢ ﺍﹾﻟ‬ ‫ﻌﻬ‬ ‫ﻣ‬ ‫ﺎ‬‫ﺰﹾﻟﻨ‬ ‫ﻧ‬‫ﻭﹶﺃ‬ ‫ﺕ‬ ‫ﺎ‬‫ﻴﻨ‬‫ﺒ‬‫ﺎ ﺑﹺﺎﹾﻟ‬‫ﺳ ﹶﻠﻨ‬ ‫ﺭ‬ ‫ﺎ‬‫ﺳ ﹾﻠﻨ‬ ‫ﺭ‬ ‫ﺪ ﹶﺃ‬ ‫}ﹶﻟ ﹶﻘ‬
{(25)ٌ‫ﻋ ﹺﺰﻳﺰ‬ ‫ﻱ‬ ‫ﻪ ﹶﻗ ﹺﻮ ﱞ‬ ‫ﺐ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬
‫ﻴ ﹺ‬ ‫ﻐ‬ ‫ ﺑﹺﺎﹾﻟ‬‫ ﹶﻠﻪ‬‫ﺳ‬‫ﻭﺭ‬ ‫ﻩ‬‫ﺮ‬‫ﻨﺼ‬ ‫ﻳ‬ ‫ﻦ‬ ‫ﻣ‬ ‫ﻪ‬ ‫ﻢ ﺍﻟ ﱠﻠ‬ ‫ﻌ ﹶﻠ‬ ‫ﻴ‬‫ﻟ‬‫ﻭ‬ ‫ﺱ‬
‫ﺎ ﹺ‬‫ﻠﻨ‬‫ﻊ ﻟ‬ ‫ﻓ‬ ‫ﺎ‬‫ﻣﻨ‬ ‫ﻭ‬ ٌ‫ﻳﺪ‬‫ﺷﺪ‬ ٌ‫ﺑ ﹾﺄﺱ‬ ‫ﻪ‬ ‫ﻴ‬‫ﻓ‬
.(‫)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 75
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 76
 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.

8/18/2007 77
:‫ﻮ ﹶﻥ )ﺍﻟﻌﻨﻜﺒﻮﺕ‬‫ﻟﻤ‬‫ﺎ ﹺﺇﻟﱠﺎ ﺍﻟﻈﱠﺎ‬‫ﺗﻨ‬‫ﺎ‬‫ ﺑﹺﺂﻳ‬‫ﺤﺪ‬
‫ﺠ‬
 ‫ﻳ‬ ‫ﺎ‬‫ﻭﻣ‬ ‫ﻢ‬ ‫ﻌ ﹾﻠ‬ ‫ﻮﺍ ﺍﹾﻟ‬‫ﻦ ﺃﹸﻭﺗ‬ ‫ﻳ‬‫ﻭ ﹺﺭ ﺍﱠﻟﺬ‬‫ﺻﺪ‬
 ‫ﻲ‬‫ﺕ ﻓ‬
 ‫ﺎ‬‫ﺑﱢﻴﻨ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻮ 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)

8/18/2007 78
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 79
 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)

8/18/2007 80
 WEEK 4

8/18/2007 81
 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 82
 …/… 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 83
 …/… 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 84
 …/… 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.

8/18/2007 85
 …/… 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 86
 …/… 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 87
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;
ƒ And assisting a man to ride upon his beast
(vehicle);
ƒ Helping him load his luggage upon it;

8/18/2007 88
 …/… Continued

ƒ And a good word is a charity;

ƒ Every step that you take towards Prayer is a
charity;
ƒ 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 89
 ‫‪…/… 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 "‬

‫‪8/18/2007‬‬ ‫‪90‬‬
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 .1
‫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

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 91
 …/… 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 92
 ‫‪…/… 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 ‪‬ﻭﺟ‪‬ﻮ ‪‬ﻫ ﹸﻜ ‪‬ﻢ ‪‬ﻗ‪‬ﺒ ﹶﻞ ﺍﹾﻟ ‪‬ﻤ ‪‬‬
‫‪} .3‬ﹶﻟ ‪‬ﻴ ‪‬‬
‫ﲔ ﻭ‪‬ﺁﺗ‪‬ﻰ ﺍﹾﻟﻤ‪‬ﺎ ﹶﻝ ‪‬ﻋﻠﹶﻰ ﺣ‪‬ﺒ ‪‬ﻪ ﹶﺫﻭﹺﻱ ﺍﹾﻟ ﹸﻘ ‪‬ﺮﺑ‪‬ﻰ‬ ‫ﺏ ﻭ‪‬ﺍﻟ‪‬ﻨﹺﺒ‪‬ﻴ ‪‬‬ ‫ﻭ‪‬ﺍﹾﻟ‪‬ﻴ ‪‬ﻮ ﹺﻡ ﺍﻵ ‪‬ﺧ ﹺﺮ ﻭ‪‬ﺍﹾﻟﻤ‪‬ﻼ‪‬ﺋ ﹶﻜ ‪‬ﺔ ﻭ‪‬ﺍﹾﻟ ‪‬ﻜﺘ‪‬ﺎ ﹺ‬
‫ﺏ ‪‬ﻭﹶﺃﻗﹶﺎ ‪‬ﻡ ﺍﻟﺼ‪‬ﻼ ﹶﺓ ﻭ‪‬ﺁﺗ‪‬ﻰ‬ ‫ﲔ ‪‬ﻭﻓ‪‬ﻲ ﺍﻟ ‪‬ﺮﻗﹶﺎ ﹺ‬ ‫ﺴﺒﹺﻴ ﹺﻞ ﻭ‪‬ﺍﻟﺴ‪‬ﺎ‪‬ﺋ ‪‬ﻠ ‪‬‬ ‫ﲔ ﻭ‪‬ﺍ‪‬ﺑ ‪‬ﻦ ﺍﻟ ‪‬‬ ‫ﻭ‪‬ﺍﹾﻟ‪‬ﻴﺘ‪‬ﺎﻣ‪‬ﻰ ﻭ‪‬ﺍﹾﻟ ‪‬ﻤﺴ‪‬ﺎ ‪‬ﻛ ‪‬‬
‫ﲔ‬‫ﻀﺮ‪‬ﺍ ِﺀ ‪‬ﻭ ‪‬ﺣ ‪‬‬ ‫ﺍﻟ ‪‬ﺰﻛﹶﺎ ﹶﺓ ﻭ‪‬ﺍﹾﻟﻤ‪‬ﻮﻓﹸﻮ ﹶﻥ ﹺﺑ ‪‬ﻌ ‪‬ﻬ ‪‬ﺪ ‪‬ﻫ ‪‬ﻢ ﹺﺇﺫﹶﺍ ﻋ‪‬ﺎ ‪‬ﻫﺪ‪‬ﻭﺍ ﻭ‪‬ﺍﻟﺼ‪‬ﺎﹺﺑﺮﹺﻳ ‪‬ﻦ ﻓ‪‬ﻲ ﺍﹾﻟ‪‬ﺒ ﹾﺄﺳ‪‬ﺎ ِﺀ ﻭ‪‬ﺍﻟ ‪‬‬
‫ﻚ ‪‬ﻫ ‪‬ﻢ ﺍﹾﻟ ‪‬ﻤ‪‬ﺘﻘﹸﻮ ﹶﻥ)‪) {(177‬ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ(‪.‬‬ ‫ﺻ ‪‬ﺪﻗﹸﻮﺍ ‪‬ﻭﺃﹸ ‪‬ﻭﹶﻟ‪‬ﺌ ‪‬‬
‫ﻚ ﺍﱠﻟﺬ‪‬ﻳ ‪‬ﻦ ‪‬‬ ‫ﺱ ﺃﹸ ‪‬ﻭﹶﻟ‪‬ﺌ ‪‬‬
‫ﺍﹾﻟ‪‬ﺒ ﹾﺄ ﹺ‬

‫‪8/18/2007‬‬ ‫‪93‬‬
• 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,
the Allah-fearing.
8/18/2007 94
 …/… 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.

8/18/2007 95
 …/… Continued
‫ﻦ‬ ‫ﻜ‬ ‫ﻭﹶﻟ‬ ‫ﺎ‬‫ﻬﻮ ﹺﺭﻫ‬ ‫ﻦ ﹸﻇ‬ ‫ﻣ‬ ‫ﺕ‬
 ‫ﻮ‬‫ﺒﻴ‬‫ﻮﺍ ﺍﹾﻟ‬‫ﺗ ﹾﺄﺗ‬ ‫ﺲ ﺍﹾﻟﹺﺒ ﱡﺮ ﹺﺑﹶﺄ ﹾﻥ‬
 ‫ﻴ‬‫ﻭﹶﻟ‬ ‫ﺤ ﱢﺞ‬
 ‫ﻭﺍﹾﻟ‬ ‫ﺱ‬
‫ﺎ ﹺ‬‫ﻠﻨ‬‫ ﻟ‬‫ﻴﺖ‬‫ﺍﻗ‬‫ﻣﻮ‬ ‫ﻲ‬ ‫ﻫ‬ ‫ﺔ ﹸﻗ ﹾﻞ‬ ‫ﻫﻠﱠ‬ ‫ﻋ ﹺﻦ ﺍﹾﻟﹶﺄ‬ ‫ﻚ‬
 ‫ﻧ‬‫ﺴﹶﺄﻟﹸﻮ‬
 ‫ﻳ‬ 9
(189)‫ﻮ ﹶﻥ‬‫ﻠﺤ‬‫ﺗ ﹾﻔ‬ ‫ﻢ‬ ‫ﻌﻠﱠﻜﹸ‬ ‫ﻪ ﹶﻟ‬ ‫ﺗﻘﹸﻮﺍ ﺍﻟﻠﱠ‬‫ﺍ‬‫ﺎ ﻭ‬‫ﺍﹺﺑﻬ‬‫ﺑﻮ‬‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﺕ‬  ‫ﻮ‬‫ﺒﻴ‬‫ﻮﺍ ﺍﹾﻟ‬‫ﻭﹾﺃﺗ‬ ‫ﺗﻘﹶﻰ‬‫ﻣ 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 96
 …/… 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)

8/18/2007 97
 …/… 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 98
 …/… 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.

8/18/2007 99
 Al-‘amru bil ma‘ruf & al-nahyu
‘an al-munkar
(enjoining virtues and forbidding
evil)

{(110) ‫ﻪ‬ ‫ﻮ ﹶﻥ ﺑﹺﺎﻟ ﱠﻠ‬‫ﻣﻨ‬ ‫ﺆ‬ ‫ﺗ‬‫ﻭ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬‫ﻦ ﺍﹾﻟﻤ‬ ‫ﻋ‬ ‫ﻮ ﹶﻥ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﺗ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻭ ﹶﻥ ﺑﹺﺎﹾﻟ‬‫ﻣﺮ‬ ‫ﺗ ﹾﺄ‬ ‫ﺱ‬
‫ﺎ ﹺ‬‫ﻠﻨ‬‫ﺖ ﻟ‬
 ‫ﺟ‬ ‫ﺧ ﹺﺮ‬ ‫ﻣ ٍﺔ ﺃﹸ‬ ‫ﺮ ﺃﹸ‬ ‫ﻴ‬ ‫ﺧ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻨ‬ ‫} 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
.

parts

al-'amru bil ma'ruf

al-nahyu 'an al-munkar
changing munkar

8/18/2007 101
 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 102
 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
To prevent/ combat Evil/Indecency

8/18/2007 103
 Levels of
Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar

Society

Friends &
relatives
Family

8/18/2007 104
 Means & ways of
Al-‘amru bil ma‘ruf & al-nahyu ‘an al-munkar

Model = by being a model of Islamic

morals & values
Verbal = words, advice
Writing = newspaper, magazine, books,
novels, cartoons, etc.
Media = all programmes that promote
virtues and goodness, and combat
evil and indecency.

8/18/2007 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(‪.‬‬

‫‪8/18/2007‬‬ ‫‪106‬‬
 …/… 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)

8/18/2007 107
 Whose duty is it?

‫ﻢ‬ ‫ﻫ‬ ‫ﻚ‬

 ‫ﺌ‬‫ﻭﺃﹸﻭﹶﻟ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬ ‫ﻋ ﹺﻦ ﺍﹾﻟﻤ‬ ‫ﻮ ﹶﻥ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﻳ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻭ ﹶﻥ ﺑﹺﺎﹾﻟ‬‫ﻣﺮ‬ ‫ﻳ ﹾﺄ‬‫ﻭ‬ ‫ﻴ ﹺﺮ‬ ‫ﺨ‬
 ‫ﻮ ﹶﻥ ﹺﺇﻟﹶﻰ ﺍﹾﻟ‬‫ﺪﻋ‬ ‫ﻳ‬ ‫ﻣﺔﹲ‬ ‫ﻢ ﹸﺃ‬ ‫ﻨ ﹸﻜ‬ ‫ﻣ‬ ‫ﻦ‬ ‫ﺘ ﹸﻜ‬‫ﻭﹾﻟ‬ }
(‫({ )ﺁﻝ ﻋﻤﺮﺍﻥ‬104)‫ﻮ ﹶﻥ‬‫ﻠﺤ‬ ‫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 ﱠﻠ‬‫ﻣﻨ‬ ‫ﺆ‬ ‫ﺗ‬‫ﻭ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬‫ﻦ ﺍﹾﻟﻤ‬ ‫ﻋ‬ ‫ﻮ ﹶﻥ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﺗ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻭ ﹶﻥ ﺑﹺﺎﹾﻟ‬‫ﻣﺮ‬ ‫ﺗ ﹾﺄ‬ ‫ﺱ‬
‫ﺎ ﹺ‬‫ﻠﻨ‬‫ﺖ ﻟ‬
 ‫ﺟ‬ ‫ﺧ ﹺﺮ‬ ‫ﻣ ٍﺔ ﺃﹸ‬ ‫ﺮ ﺃﹸ‬ ‫ﻴ‬ ‫ﺧ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻨ‬ ‫} 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 ﹶﻥ‬‫ﻴﻤ‬‫ﻳﻘ‬‫ﻭ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬ ‫ﻋ ﹺﻦ ﺍﹾﻟﻤ‬ ‫ﻮ ﹶﻥ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﻳ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻭ ﹶﻥ ﺑﹺﺎﹾﻟ‬‫ﻣﺮ‬ ‫ﻳ ﹾﺄ‬ ‫ﺾ‬
‫ﻌ ﹴ‬ ‫ﺑ‬ ‫ﺎ ُﺀ‬‫ﻟﻴ‬‫ﻭ‬ ‫ﻢ ﹶﺃ‬ ‫ﻬ‬‫ﻌﻀ‬ ‫ﺑ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻣﻨ‬ ‫ﺆ‬ ‫ﻤ‬ ‫ﺍﹾﻟ‬‫ﻮ ﹶﻥ ﻭ‬‫ﻣﻨ‬ ‫ﺆ‬ ‫ﻤ‬ ‫ﺍﹾﻟ‬‫ﻭ‬
(71)ٌ‫ﻴﻢ‬‫ﺣﻜ‬ ٌ‫ﻋﺰﹺﻳﺰ‬ ‫ﻪ‬ ‫ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ ﺍﻟ ﱠﻠ‬‫ﻢ‬‫ﻬ‬‫ﺣﻤ‬ ‫ﺮ‬ ‫ﻴ‬‫ﺳ‬ ‫ﻚ‬  ‫ﺌ‬‫ﻪ ﺃﹸﻭﹶﻟ‬ ‫ﻮﹶﻟ‬‫ﺭﺳ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻮ ﹶﻥ ﺍﻟ ﱠﻠ‬‫ﻴﻌ‬‫ﻄ‬‫ﻭﻳ‬ ‫ﺰﻛﹶﺎ ﹶﺓ‬ ‫ﻮ ﹶﻥ ﺍﻟ‬‫ﺆﺗ‬ ‫ﻳ‬‫ﻭ‬ ‫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 ‫ ﺍﹾﻟﻤ‬‫ﻨ ﹶﻔﻊ‬ ‫ﺗ‬ ‫ﻯ‬‫ﺮ 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 ﹺﺑﺎﻟ‬‫ﺻﻮ‬
 ‫ﺍ‬‫ﺗﻮ‬‫ﻭ‬ ‫ﻖ‬ ‫ﺤ‬
 ‫ﺍ ﺑﹺﺎﹾﻟ‬‫ﺻﻮ‬
 ‫ﺍ‬‫ﺗﻮ‬‫ﻭ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻟﺤ‬‫ﺎ‬‫ﻤﻠﹸﻮﺍ ﺍﻟﺼ‬ ‫ﻋ‬ ‫ﻭ‬ ‫ﻮﺍ‬‫ﻣﻨ‬ ‫ﻦ ﺀَﺍ‬ ‫ﻳ‬‫( ﹺﺇ ﱠﻻ ﺍﱠﻟﺬ‬2) ‫ﺴ ﹴﺮ‬
 ‫ﻲ ﺧ‬‫ﺎ ﹶﻥ ﹶﻟﻔ‬‫ﻧﺴ‬‫( 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)
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2- To safeguard the society against
corruption & evil

A way for:
- Social
- Moral change
- Political

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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)…

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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

Immoral people

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3- To avoid Allah’s punishment

.(‫({ )ﺍﻷﻧﻔﺎﻝ‬25)‫ﺏ‬
‫ﻌﻘﹶﺎ ﹺ‬ ‫ﺪ ﺍﹾﻟ‬ ‫ﻳ‬‫ﺷﺪ‬ ‫ﻪ‬ ‫ﻮﺍ ﹶﺃ ﱠﻥ ﺍﻟ ﱠﻠ‬‫ﻋ ﹶﻠﻤ‬ ‫ﺍ‬‫ﺻ ﹰﺔ ﻭ‬
 ‫ﺎ‬‫ﻢ ﺧ‬ ‫ﻨ ﹸﻜ‬ ‫ﻣ‬ ‫ﻮﺍ‬‫ﻦ ﹶﻇ ﹶﻠﻤ‬ ‫ﻳ‬‫ﻦ ﺍﱠﻟﺬ‬ ‫ﺒ‬‫ﻴ‬‫ﺗﺼ‬ ‫ﻨ ﹰﺔ ﻻ‬‫ﺘ‬ ‫ﻓ‬ ‫ﺗﻘﹸﻮﺍ‬‫ﺍ‬‫}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.”

8/18/2007 117
4- Salvation of mankind

‫({ )ﺳﻮﺭﺓ‬110) ‫ﻪ‬ ‫ﻮ ﹶﻥ ﺑﹺﺎﻟ ﱠﻠ‬‫ﻣﻨ‬ ‫ﺆ‬ ‫ﻭﺗ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬‫ﻦ ﺍﹾﻟﻤ‬ ‫ﻋ‬ ‫ﻮ ﹶﻥ‬ ‫ﻬ‬ ‫ﻨ‬ ‫ﺗ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻭ ﹶﻥ ﺑﹺﺎﹾﻟ‬‫ﻣﺮ‬ ‫ﺗ ﹾﺄ‬ ‫ﺱ‬
‫ﺎ ﹺ‬‫ﻠﻨ‬‫ﺖ ﻟ‬
 ‫ﺟ‬ ‫ﺧ ﹺﺮ‬ ‫ﻣ ٍﺔ ﺃﹸ‬ ‫ﺮ ﺃﹸ‬ ‫ﻴ‬ ‫ﺧ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻨ‬ ‫} 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)

8/18/2007 118
 What should we do
if people are not listening?

‫ﻢ‬ ‫ﻌ ﱠﻠﻬ‬ ‫ﻭﹶﻟ‬ ‫ﻢ‬ ‫ﺑ ﹸﻜ‬‫ﺭ‬ ‫ﺭ ﹰﺓ ﹺﺇﻟﹶﻰ‬ ‫ﺬ‬ ‫ﻌ‬ ‫ﻣ‬ ‫ﻳﺪًﺍ ﻗﹶﺎﻟﹸﻮﺍ‬‫ﺷﺪ‬ ‫ﻋﺬﹶﺍﺑًﺎ‬ ‫ﻢ‬ ‫ﻬ‬‫ﻌ 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 ﹶﻥ‬‫ﻳ‬

“… 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)

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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

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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 - No more personal affairs

the rights of others - Injure their feeling
- Challenge their religious
¾ Commit munkar/ & moral responsibility
indecency openly - Encourage people
to do evil
8/18/2007 121
 • “Your right to swing your arm ends where
your arm meets someone else's nose”

8/18/2007 122
‫ﻪ‬ ‫ﺍﻟ ﱠﻠ‬‫ﺓ ﻭ‬ ‫ﺮ‬ ‫ﺧ‬ ‫ﺍﻵ‬‫ﺎ ﻭ‬‫ﻧﻴ‬‫ﻲ ﺍﻟ ﱡﺪ‬‫ﻴﻢٌ ﻓ‬‫ﻋﺬﹶﺍﺏٌ ﹶﺃﻟ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﻮﺍ ﹶﻟ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﻲ ﺍﱠﻟﺬ‬‫ﺸﺔﹸ ﻓ‬
 ‫ﺣ‬ ‫ﻊ ﺍﹾﻟﻔﹶﺎ‬ ‫ﻴ‬‫ﺗﺸ‬ ‫ﺤﺒﱡﻮ ﹶﻥ ﹶﺃ ﹾﻥ‬
 ‫ﻳ‬ ‫ﻦ‬ ‫ﻳ‬‫ﹺﺇ ﱠﻥ ﺍﱠﻟﺬ‬
(‫( )ﺍﻟﻨﻮﺭ‬19)‫ﻮ ﹶﻥ‬‫ﻌ ﹶﻠﻤ‬ ‫ﺗ‬ ‫ﻢ ﻻ‬ ‫ﺘ‬‫ﻧ‬‫ﻭﹶﺃ‬ ‫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
 ‫ﺑ‬‫ﺭ‬ ‫ ﹺﺇ ﱠﻥ‬‫ﺴﻦ‬
 ‫ﺣ‬ ‫ﻲ ﹶﺃ‬ ‫ﻫ‬ ‫ﻲ‬‫ﻢ ﺑﹺﺎﱠﻟﺘ‬ ‫ﻬ‬ ‫ﺩﹾﻟ‬ ‫ﺎ‬‫ﻭﺟ‬ ‫ﺔ‬ ‫ﻨ‬‫ﺴ‬
‫ﺤ‬ ‫ﺔ ﺍﹾﻟ‬ ‫ﻋ ﹶﻈ‬ ‫ﻮ‬ ‫ﻤ‬ ‫ﺍﹾﻟ‬‫ﺔ ﻭ‬ ‫ﻤ‬ ‫ﺤ ﹾﻜ‬
 ‫ﻚ ﺑﹺﺎﹾﻟ‬
 ‫ﺑ‬‫ﺭ‬ ‫ﺳﺒﹺﻴ ﹺﻞ‬ ‫ﻉ ﹺﺇﻟﹶﻰ‬
 ‫ﺩ‬ ‫ﺍ‬
(‫( )ﺍﻟﻨﺤﻞ‬125)‫ﻦ‬ ‫ﻳ‬‫ﺘﺪ‬‫ﻬ‬ ‫ﻤ‬ ‫ ﺑﹺﺎﹾﻟ‬‫ﻋ 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)

8/18/2007 124
¾ To avoid words-deeds inconsistency

(‫( )ﺍﻟﺼﻒ‬3)‫ﻌﻠﹸﻮ ﹶﻥ‬ ‫ﺗ ﹾﻔ‬ ‫ﺎ ﻟﹶﺎ‬‫ﺗﻘﹸﻮﻟﹸﻮﺍ ﻣ‬ ‫ﻪ ﹶﺃ ﹾﻥ‬ ‫ﺪ ﺍﻟﻠﱠ‬ ‫ﻨ‬‫ﻋ‬ ‫ﻣ ﹾﻘﺘًﺎ‬ ‫ﺮ‬ ‫( ﹶﻛﺒ‬2)‫ﻌﻠﹸﻮ ﹶﻥ‬ ‫ﺗ ﹾﻔ‬ ‫ﺎ ﻟﹶﺎ‬‫ﺗﻘﹸﻮﻟﹸﻮ ﹶﻥ ﻣ‬ ‫ﻢ‬ ‫ﻟ‬ ‫ﻮﺍ‬‫ﻣﻨ‬ ‫ﻦ َﺁ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎﹶﺃﱡﻳﻬ‬‫ﻳ‬
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.

8/18/2007 126
 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.

8/18/2007 128
• 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 129
 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’

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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.”
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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 132
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.

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 Relationship between
men & women

- No intimate relationship between men

and women only through the way of
marriage

8/18/2007 134
 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

8/18/2007 135
 1- Prohibition of looking with desire at the
opposite gender

(‫({ )ﺳﻮﺭﺓ ﺍﻟﻨﻮﺭ‬30).. ‫ﻢ‬ ‫ﻬ‬ ‫ﺟ‬ ‫ﻭ‬‫ﺤ ﹶﻔﻈﹸﻮﺍ ﹸﻓﺮ‬

 ‫ﻳ‬‫ﻭ‬ ‫ﻢ‬ ‫ﻫ‬ ‫ﺎ ﹺﺭ‬‫ﺑﺼ‬‫ﻦ 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 ‫ﻭ‬‫ﻦ ﹸﻓﺮ‬ ‫ﺤ ﹶﻔ ﹾﻈ‬
 ‫ﻳ‬‫ﻭ‬ ‫ﻦ‬ ‫ﻫ‬ ‫ﺎ ﹺﺭ‬‫ﺑﺼ‬‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﻦ‬ ‫ﻀ‬
 ‫ﻀ‬
 ‫ﻐ‬ ‫ﻳ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻣﻨ‬ ‫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)

8/18/2007 137
 2- People should dress properly

The use of clothes:

- Protection: (16: 81)
- Cover ‘awrah:
- Beautification: 7: 31

8/18/2007 138
 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 139
 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 140
 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 ‫ﺘﻬ‬‫ﻨ‬‫ﻦ ﺯﹺﻳ‬ ‫ﻳ‬‫ﺒﺪ‬ ‫ﻳ‬ ‫ﻻ‬‫ﻦ ﻭ‬ ‫ﻮﹺﺑ ﹺﻬ‬‫ﺟﻴ‬ ‫ﻋﻠﹶﻰ‬ ‫ﻦ‬ ‫ﻫ‬ ‫ ﹺﺮ‬‫ﻤ‬‫ﻦ ﹺﺑﺨ‬ ‫ﺑ‬‫ﻀ ﹺﺮ‬
 ‫ﻴ‬‫ﻭﹾﻟ‬ ‫ﺎ‬‫ﻨﻬ‬ ‫ﻣ‬ ‫ﺮ‬ ‫ﻬ‬ ‫ﺎ ﹶﻇ‬‫ﻦ ﹺﺇ ﱠﻻ ﻣ‬ ‫ﺘﻬ‬‫ﻨ‬‫ﻦ ﺯﹺﻳ‬ ‫ﻳ‬‫ﺒﺪ‬ ‫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 141
 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 142
 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.

8/18/2007 143
 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.

8/18/2007 144
 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 145
 The Prophet (saw) said: “Whoever
imitates a people is one of them.”
(hadith)

f) Men should not use gold and pure

silk.

8/18/2007 146
 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 147
 (31 :‫ﻦ{ )ﺍﻟﻨﻮﺭ‬ ‫ﺘ ﹺﻬ‬‫ﻨ‬‫ﻦ ﺯﹺﻳ‬ ‫ﻣ‬ ‫ﲔ‬
 ‫ﻔ‬ ‫ﺨ‬
 ‫ﺎ ﻳ‬‫ﻢ ﻣ‬ ‫ﻌ ﹶﻠ‬ ‫ﻟﻴ‬ ‫ﻦ‬ ‫ﻠ ﹺﻬ‬ ‫ﺭﺟ‬ ‫ﻦ ﹺﺑﹶﺄ‬ ‫ﺑ‬‫ﻀ 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)

8/18/2007 148
 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 149
 “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 150
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 151
 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 152
 “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)

8/18/2007 153
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

8/18/2007 154
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)

8/18/2007 155
 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)

8/18/2007 156
“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 157
3- Reasonable dowry:
“The most blessed wives are those whose dowry
is affordable.” (hadith)

4- Equal rights and obligations

{(228)ٌ‫ﻴﻢ‬‫ﺣﻜ‬ ٌ‫ﻋﺰﹺﻳﺰ‬ ‫ﺍﻟ ﱠﻠﻪ‬‫ﺟﺔﹲ ﻭ‬ ‫ﺭ‬ ‫ﺩ‬ ‫ﻦ‬ ‫ﻴ ﹺﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﺎ ﹺﻝ‬‫ﺮﺟ‬ ‫ﻠ‬‫ﻭﻟ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻦ ﺑﹺﺎﹾﻟ‬ ‫ﻴ ﹺﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﻱ‬‫ﻣ 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 158
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 ﹶﻜﺔﹲ‬‫ﻼ‬‫ﺎ ﻣ‬‫ﻴﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﺭ ﹸﺓ‬ ‫ﺎ‬‫ﺤﺠ‬
 ‫ﺍﹾﻟ‬‫ﺱ ﻭ‬
 ‫ﺎ‬‫ﺎ ﺍﻟﻨ‬‫ﺩﻫ‬ ‫ﻭﻗﹸﻮ‬ ‫ﺎﺭًﺍ‬‫ﻢ ﻧ‬ ‫ﻴ ﹸﻜ‬‫ﻫﻠ‬ ‫ﻭﹶﺃ‬ ‫ﻢ‬ ‫ﺴﻜﹸ‬
 ‫ﻮﺍ ﻗﹸﻮﺍ ﺃﹶﻧﻔﹸ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎ ﹶﺃﱡﻳﻬ‬‫}ﻳ‬
(‫({ )ﺍﻟﺘﺤﺮﱘ‬6)‫ﻭ ﹶﻥ‬‫ﻣﺮ‬ ‫ﺆ‬ ‫ﻳ‬ ‫ﺎ‬‫ﻌﻠﹸﻮ ﹶﻥ ﻣ‬ ‫ﻳ ﹾﻔ‬‫ﻭ‬ ‫ﻢ‬ ‫ﺮﻫ‬ ‫ﻣ‬ ‫ﺎ ﹶﺃ‬‫ﻪ ﻣ‬ ‫ﻮ ﹶﻥ ﺍﻟ ﱠﻠ‬‫ﻌﺼ‬ ‫ﻳ‬ ‫ﺍﺩٌ ﻻ‬‫ﺷﺪ‬ ‫ﻼﻅﹲ‬‫ﻏ‬
“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 159
 2. To be kind, understanding, forgiving, and
treat the other side in a tender and loving
manner.
‫ﻢ‬ ‫ﻛﹸ‬‫ﻴﺮ‬ ‫ﺧ‬ ‫ﻢ‬ ‫ﻛﹸ‬‫ﻴﺮ‬ ‫ﺧ‬ : :‫ﻢ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬
 ‫ﻪ‬ ‫ﻮ ﹸﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ ﻗﹶﺎ ﹶﻝ‬:‫ﺖ‬
 ‫ﺸ ﹶﺔ ﻗﹶﺎﹶﻟ‬
 ‫ﺋ‬‫ﺎ‬‫ﻦ ﻋ‬ ‫ﻋ‬
.(‫ ﻛﺘﺎﺏ ﺍﻟﻨﻜﺎﺡ‬:‫ﻲ" )ﺳﻨﻦ ﺍﻟﺘﺮﻣﺬﻱ‬‫ﻫﻠ‬ ‫ﻢ َﻷ‬ ‫ﻛﹸ‬‫ﻴﺮ‬ ‫ﺧ‬ ‫ﺎ‬‫ﻭﹶﺃﻧ‬ ‫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)

8/18/2007 160
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 161
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 162
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.

8/18/2007 163
 WEEK 6

8/18/2007 164
 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 165
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.

8/18/2007 166
 ‫ﺤ ‪‬ﻖ ﹶﻓ ‪‬ﻌ ‪‬ﻠ ‪‬ﻢ ﺫﹶﺍ ‪‬ﻙ‬
‫ﺠ‪‬ﻨ ‪‬ﺔ‪ .‬ﺭ ‪‬ﺟﻞﹲ ﹶﻗﻀ‪‬ﻰ ﹺﺑ ‪‬ﻐ ‪‬ﻴ ﹺﺮ ﺍﹾﻟ ‪‬‬
‫ﺽ ﻓ‪‬ﻲ ﺍﹾﻟ ‪‬‬‫ﺿﻴ‪‬ﺎ ‪‬ﻥ ﻓ‪‬ﻲ ﺍﻟﻨ‪‬ﺎ ﹺﺭ ‪‬ﻭﻗﹶﺎ ﹴ‬ ‫ﺍﹾﻟ ﹸﻘﻀ‪‬ﺎ ﹸﺓ ﺛﹶﻼﹶﺛﺔﹲ‪ :‬ﻗﹶﺎ ‪‬‬
‫ﺤ ‪‬ﻖ‬‫ﺽ ﹶﻗﻀ‪‬ﻰ ﺑﹺﺎﹾﻟ ‪‬‬ ‫ﺱ ﹶﻓﻬ‪ ‬ﻮ ﻓ‪‬ﻲ ﺍﻟﻨ‪‬ﺎﺭﹺ‪ ،‬ﻭﻗﹶﺎ ﹴ‬ ‫ﻕ ﺍﻟ‪‬ﻨﺎ ﹺ‬ ‫ﻚ ‪‬ﺣﻘﹸﻮ ‪‬‬
‫ﺽ ﻻ ‪‬ﻳ ‪‬ﻌ ﹶﻠﻢ‪ ‬ﹶﻓﹶﺄ ‪‬ﻫ ﹶﻠ ‪‬‬
‫ﹶﻓﺬﹶﺍ ‪‬ﻙ ﻓ‪‬ﻲ ﺍﻟﻨ‪‬ﺎﺭﹺ‪ ،‬ﻭﻗﹶﺎ ﹴ‬
‫ﺠ‪‬ﻨ ‪‬ﺔ"‪) .‬ﺍﻟﺘﺮﻣﺬﻱ‪ :‬ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ(‪.‬‬ ‫ﻚ ﻓ‪‬ﻲ ﺍﹾﻟ ‪‬‬
‫ﹶﻓ ﹶﺬ‪‬ﻟ ‪‬‬
‫‪“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.‬‬

‫‪8/18/2007‬‬ ‫‪167‬‬
- 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.”

8/18/2007 168
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 169
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 170
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

8/18/2007 171
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 172
- 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.

8/18/2007 173
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 174
- To avoid suppressing pieces of material evidence
- Not to prosecute in cases where they have
personal affairs, or close relatives involved.
- To avoid bribes

8/18/2007 175
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 176
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.

8/18/2007 177
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.

8/18/2007 178
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 179
 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

8/18/2007 180
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 181
 ‫‪The policy of a Muslim lawyer in taking cases‬‬
‫‪of court‬‬

‫ﲔ‬‫ﺱ ﹺﺑﻤ‪‬ﺎ ﹶﺃﺭ‪‬ﺍ ‪‬ﻙ ﺍﻟ ﱠﻠ ‪‬ﻪ ﻭ‪‬ﻻ ‪‬ﺗ ﹸﻜ ‪‬ﻦ ‪‬ﻟ ﹾﻠﺨ‪‬ﺎ‪‬ﺋﹺﻨ ‪‬‬‫ﺤﻜﹸ ‪‬ﻢ ‪‬ﺑ ‪‬ﻴ ‪‬ﻦ ﺍﻟﻨ‪‬ﺎ ﹺ‬ ‫ﺤ ‪‬ﻖ ‪‬ﻟ‪‬ﺘ ‪‬‬ ‫ﺏ ﺑﹺﺎﹾﻟ ‪‬‬ ‫ﻚ ﺍﹾﻟ ‪‬ﻜﺘ‪‬ﺎ ‪‬‬ ‫}ﹺﺇﻧ‪‬ﺎ ﹶﺃ‪‬ﻧ ‪‬ﺰﹾﻟﻨ‪‬ﺎ ﹺﺇﹶﻟ ‪‬ﻴ ‪‬‬
‫‪‬ﺧﺼ‪‬ﻴﻤًﺎ)‪ (105‬ﻭ‪‬ﺍ ‪‬ﺳ‪‬ﺘ ‪‬ﻐ ‪‬ﻔ ﹺﺮ ﺍﻟ ﱠﻠ ‪‬ﻪ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ‪‬ﻪ ﻛﹶﺎ ﹶﻥ ﹶﻏﻔﹸﻮﺭًﺍ ‪‬ﺭﺣ‪‬ﻴﻤًﺎ)‪ (106‬ﻭ‪‬ﻻ ‪‬ﺗﺠ‪‬ﺎ ‪‬ﺩ ﹾﻝ ‪‬ﻋ ﹺﻦ‬
‫ﺨﻔﹸﻮ ﹶﻥ‬ ‫ﺴ‪‬ﺘ ‪‬‬
‫ﺐ ‪‬ﻣ ‪‬ﻦ ﻛﹶﺎ ﹶﻥ ‪‬ﺧﻮ‪‬ﺍﻧًﺎ ﹶﺃﺛ‪‬ﻴﻤًﺎ)‪ (107‬ﻳ ‪‬‬ ‫ﺤ ﱡ‬ ‫ﺴﻬ‪ ‬ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ ‪‬ﻪ ﻻ ‪‬ﻳ ‪‬‬ ‫ﺨﺘ‪‬ﺎﻧ‪‬ﻮ ﹶﻥ ﹶﺃ‪‬ﻧﻔﹸ ‪‬‬
‫ﺍﱠﻟﺬ‪‬ﻳ ‪‬ﻦ ‪‬ﻳ ‪‬‬
‫ﺨﻔﹸﻮ ﹶﻥ ‪‬ﻣ ‪‬ﻦ ﺍﻟ ﱠﻠ ‪‬ﻪ ‪‬ﻭﻫ‪ ‬ﻮ ‪‬ﻣ ‪‬ﻌﻬ‪ ‬ﻢ ﹺﺇ ﹾﺫ ‪‬ﻳ‪‬ﺒ‪‬ﻴﺘ‪‬ﻮ ﹶﻥ ﻣ‪‬ﺎ ﻻ ‪‬ﻳ ‪‬ﺮﺿ‪‬ﻰ ‪‬ﻣ ‪‬ﻦ ﺍﹾﻟ ﹶﻘ ‪‬ﻮ ﹺﻝ‬ ‫ﺴ‪‬ﺘ ‪‬‬
‫ﺱ ﻭ‪‬ﻻ ‪‬ﻳ ‪‬‬ ‫‪‬ﻣ ‪‬ﻦ ﺍﻟﻨ‪‬ﺎ ﹺ‬
‫ﺤﻴ‪‬ﺎ ‪‬ﺓ‬
‫‪‬ﻭﻛﹶﺎ ﹶﻥ ﺍﻟ ﱠﻠ ‪‬ﻪ ﹺﺑﻤ‪‬ﺎ ‪‬ﻳ ‪‬ﻌ ‪‬ﻤﻠﹸﻮ ﹶﻥ ‪‬ﻣﺤ‪‬ﻴﻄﹰﺎ)‪ (108‬ﻫ‪‬ﺎ ﹶﺃ‪‬ﻧ‪‬ﺘ ‪‬ﻢ ‪‬ﻫﺆ‪‬ﻻ ِﺀ ﺟ‪‬ﺎ ‪‬ﺩﹾﻟ‪‬ﺘ ‪‬ﻢ ‪‬ﻋ ‪‬ﻨ ‪‬ﻬ ‪‬ﻢ ﻓ‪‬ﻲ ﺍﹾﻟ ‪‬‬
‫ﻼ )‪{(109‬‬ ‫ﺍﻟ ﱡﺪ‪‬ﻧﻴ‪‬ﺎ ﹶﻓ ‪‬ﻤ ‪‬ﻦ ‪‬ﻳﺠ‪‬ﺎ ‪‬ﺩﻝﹸ ﺍﻟ ﱠﻠ ‪‬ﻪ ‪‬ﻋ ‪‬ﻨ ‪‬ﻬ ‪‬ﻢ ‪‬ﻳ ‪‬ﻮ ‪‬ﻡ ﺍﹾﻟ ‪‬ﻘﻴ‪‬ﺎ ‪‬ﻣ ‪‬ﺔ ﹶﺃ ‪‬ﻡ ‪‬ﻣ ‪‬ﻦ ‪‬ﻳﻜﹸﻮ ﹸﻥ ‪‬ﻋ ﹶﻠ ‪‬ﻴ ﹺﻬ ‪‬ﻢ ‪‬ﻭﻛ‪‬ﻴ ﹰ‬
‫)ﺍﻟﻨﺴﺎﺀ(‬

‫‪8/18/2007‬‬ ‫‪182‬‬
 “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 183
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

8/18/2007 184
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

8/18/2007 185
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

8/18/2007 186
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 187
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 188
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 189
 WEEK 7

8/18/2007 190
 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 191
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

8/18/2007 192
ٌ‫ﻣﹺﺒﲔ‬ ‫ﺪ ﱞﻭ‬ ‫ﻋ‬ ‫ﻢ‬ ‫ ﹶﻟ ﹸﻜ‬‫ﻧﻪ‬‫ﻥ ﹺﺇ‬ ‫ﻴﻄﹶﺎ‬ ‫ﺸ‬
 ‫ﺕ ﺍﻟ‬
 ‫ﺍ‬‫ﺧ ﹸﻄﻮ‬ ‫ﻮﺍ‬‫ﺘﹺﺒﻌ‬‫ﺗ‬ ‫ﻻ‬‫ﻴًﺒﺎ ﻭ‬‫ﻼ ﹰﻻ ﹶﻃ‬‫ﺽ ﺣ‬
‫ﺭ ﹺ‬ ‫ﻲ ﺍ َﻷ‬‫ﺎ ﻓ‬‫ﻣﻤ‬ ‫ﺱ ﹸﻛﻠﹸﻮﺍ‬
 ‫ﺎ‬‫ﺎ ﺍﻟﻨ‬‫ﺎ 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 ‫ﻳ‬‫ﺴﺪ‬

ِ ‫ﻣ ﹾﻔ‬ ‫ﺽ‬
‫ﺭ ﹺ‬ ‫ﻲ ﺍ َﻷ‬‫ﺍ ﻓ‬‫ﻌﹶﺜﻮ‬ ‫ﺗ‬ ‫ﻻ‬‫ﻪ ﻭ‬ ‫ﻕ ﺍﻟ ﱠﻠ‬
‫ﺯ ﹺ‬ ‫ﻦ ﹺﺭ‬ ‫ﻣ‬ ‫ﻮﺍ‬‫ﺮﺑ‬ ‫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 193
The way of enjoying wealth:

‫ﲔ‬
 ‫ﻓ‬ ‫ﺴ ﹺﺮ‬
 ‫ﺐ ﺍﹾﻟﻤ‬
‫ﺤ ﱡ‬
 ‫ﻳ‬ ‫ ﻻ‬‫ﻧﻪ‬‫ﺴ ﹺﺮﻓﹸﻮﺍ ﹺﺇ‬
 ‫ﻻ ﺗ‬‫ﻮﺍ ﻭ‬‫ﺮﺑ‬ ‫ﺷ‬ ‫ﺍ‬‫ﻭ ﹸﻛﻠﹸﻮﺍ ﻭ‬ ‫ﺠ ٍﺪ‬
‫ﺴﹺ‬ ‫ﻣ‬ ‫ﺪ ﹸﻛ ﱢﻞ‬ ‫ﻨ‬ ‫ﻋ‬ ‫ﻢ‬ ‫ﺘﻜﹸ‬‫ﻨ‬‫ﺧﺬﹸﻭﺍ 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)

8/18/2007 194
‫ﺒ ﹺﻎ‬ ‫ﺗ‬ ‫ﻻ‬‫ﻚ ﻭ‬
 ‫ﻴ‬ ‫ﻪ ﹺﺇﹶﻟ‬ ‫ﻦ ﺍﻟ ﱠﻠ‬ ‫ﺴ‬
 ‫ﺣ‬ ‫ﺎ ﹶﺃ‬‫ﻦ ﹶﻛﻤ‬ ‫ﺴ‬
ِ ‫ﺣ‬ ‫ﻭﹶﺃ‬ ‫ﺎ‬‫ﻧﻴ‬‫ﻦ ﺍﻟ ﱡﺪ‬ ‫ﻣ‬ ‫ﻚ‬
 ‫ﺒ‬‫ﻴ‬‫ﻧﺼ‬ ‫ﺲ‬
 ‫ﻨ‬‫ﻻ ﺗ‬‫ﺮ ﹶﺓ ﻭ‬ ‫ﺧ‬ ‫ﺭ ﺍﻵ‬ ‫ﺍ‬‫ﻪ ﺍﻟﺪ‬ ‫ﻙ ﺍﻟ ﱠﻠ‬ ‫ﺎ‬‫ﺎ ﺁﺗ‬‫ﻴﻤ‬‫ﺘ ﹺﻎ ﻓ‬‫ﺑ‬‫ﺍ‬‫}ﻭ‬
.(‫({ )ﺳﻮﺭﺓ ﺍﻟﻘﺼﺺ‬77)‫ﻦ‬ ‫ﻳ‬‫ﺴﺪ‬ ِ ‫ﻤ ﹾﻔ‬ ‫ﺐ ﺍﹾﻟ‬
‫ﺤ ﱡ‬
 ‫ﻳ‬ ‫ﻪ ﻻ‬ ‫ﺽ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬
‫ﺭ ﹺ‬ ‫ﻲ ﺍ َﻷ‬‫ﺩ ﻓ‬ ‫ﺎ‬‫ﺍﹾﻟ 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 mischief-
makers.” (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 195
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 his driving force & ultimate goal

8/18/2007 196
- 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

8/18/2007 197
 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 198
 ‫ﻮﻣًﺎ‬‫ﻣ ﹾﺬﻣ‬ ‫ﺎ‬‫ﺼﻠﹶﺎﻫ‬
 ‫ﻳ‬ ‫ﻢ‬ ‫ﻨ‬‫ﻬ‬ ‫ﺟ‬ ‫ﺎ ﹶﻟﻪ‬‫ﻌ ﹾﻠﻨ‬ ‫ﺟ‬ ‫ﻢ‬ ‫ﺪ ﹸﺛ‬ ‫ﻧﺮﹺﻳ‬ ‫ﻦ‬ ‫ﻤ‬ ‫ﻟ‬ ‫ﺎ ُﺀ‬‫ﻧﺸ‬ ‫ﺎ‬‫ﺎ ﻣ‬‫ﻴﻬ‬‫ ﻓ‬‫ﺎ ﹶﻟﻪ‬‫ﺠ ﹾﻠﻨ‬
 ‫ﻋ‬ ‫ﺎ ﹺﺟ ﹶﻠ ﹶﺔ‬‫ﺪ ﺍﹾﻟﻌ‬ ‫ﻳﺮﹺﻳ‬ ‫ﻦ ﻛﹶﺎ ﹶﻥ‬ ‫ﻣ‬
‫ﻢ‬ ‫ﻬ‬‫ﻌﻴ‬ ‫ﺳ‬ ‫ﻚ ﻛﹶﺎ ﹶﻥ‬  ‫ﺌ‬‫ﻭﹶﻟ‬ ‫ﻣﻦٌ ﹶﻓﺄﹸ‬ ‫ﺆ‬ ‫ﻣ‬ ‫ﻮ‬ ‫ﻭﻫ‬ ‫ﺎ‬‫ﻴﻬ‬‫ﻌ‬ ‫ﺳ‬ ‫ﺎ‬‫ﻰ ﹶﻟﻬ‬‫ﺳﻌ‬ ‫ﻭ‬ ‫ﺮ ﹶﺓ‬ ‫ﺧ‬ ‫ﺩ ﺍﻟﹾﺂ‬ ‫ﺍ‬‫ﻦ ﹶﺃﺭ‬ ‫ﻣ‬ ‫ﻭ‬ (18) ‫ﻮﺭًﺍ‬‫ﺪﺣ‬ ‫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.

8/18/2007 199
- 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

8/18/2007 200
Why some things are haram?

‫ﻀﻊ‬
 ‫ﻳ‬‫ﻭ‬ ‫ﺚ‬
‫ﺋ ﹶ‬‫ﺎ‬‫ﺨﺒ‬
 ‫ ﺍﹾﻟ‬‫ﻴ ﹺﻬﻢ‬ ‫ﻋ ﹶﻠ‬ ‫ﺮﻡ‬ ‫ﺤ‬
 ‫ﻭﻳ‬ ‫ﺕ‬
 ‫ﺎ‬‫ﻴﺒ‬‫ ﺍﻟ ﱠﻄ‬‫ﻢ‬‫ﺤ ﱡﻞ ﹶﻟﻬ‬
 ‫ﻭﻳ‬ ‫ﻨ ﹶﻜ ﹺﺮ‬ ‫ﻋ ﹺﻦ ﺍﹾﻟﻤ‬ ‫ﻢ‬ ‫ﻫ‬ ‫ﺎ‬‫ﻨﻬ‬ ‫ﻳ‬‫ﻭ‬ ‫ﻑ‬
 ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﻢ ﺑﹺﺎﹾﻟ‬ ‫ﻫ‬‫ﺮ‬‫ﻳ ﹾﺄﻣ‬
(157 :‫ﻢ )ﺍﻷﻋﺮﺍﻑ‬ ‫ﻴ ﹺﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﺖ‬  ‫ﻧ‬‫ﻲ ﻛﹶﺎ‬‫ﺍﹾﻟﹶﺄ ﹾﻏﻠﹶﺎ ﹶﻝ ﺍﱠﻟﺘ‬‫ﻢ 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)

8/18/2007 201
- Impure
Individual harm physical
- Harmful
Social haram spiritual

definitively
- Conducive to haram
most likely

8/18/2007 202
 Benefits of halal vs. evils of haram

Halal work and the

earnings emanated • Punishment on the
therefrom are a kind of Day of Judgement
‘ibadah for which a
Muslim will be
rewarded.

8/18/2007 203
 • Whatever is spent out
of halal earnings is • Sadaqah will not be
considered as accepted by Allah
sadaqah (charity)
even what is spent on
one’s family

8/18/2007 204
 -“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”

8/18/2007 205
 -“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 206
 • Halal earnings will be • Blessing will be
blessed by Allah (swt) lifted from it
• Rejection of du’a ‫ﺩﻋﺎﺀ‬

8/18/2007 207
 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 208
 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?

8/18/2007 209
 • 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

8/18/2007 210
 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 211
 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 212
 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 213
 - 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 214
 To give accurate weight and measurement

The description of the weigh or

measurement should match the reality

(182) ‫ﻴ ﹺﻢ‬‫ﺘﻘ‬‫ﺴ‬
 ‫ﻤ‬ ‫ﺱ ﺍﹾﻟ‬
‫ﺴﻄﹶﺎ ﹺ‬
 ‫ﻘ‬ ‫ﻮﺍ ﺑﹺﺎﹾﻟ‬‫ﻭ ﹺﺯﻧ‬ (181)‫ﻦ‬ ‫ﺴﺮﹺﻳ‬
ِ‫ﺨ‬ ‫ﻤ‬ ‫ﻦ ﺍﹾﻟ‬ ‫ﻣ‬ ‫ﻮﺍ‬‫ﺗﻜﹸﻮﻧ‬ ‫ﻻ‬‫ﻴ 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 215
 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 216
 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.”

8/18/2007 217
 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 218
 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.

8/18/2007 219
 ‫‪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 ‬ﺮ‪‬ﻳ ‪‬ﺮ ﹶﺓ ﻗﹶﺎ ﹶﻝ ﹶﻟ ‪‬ﻌ ‪‬ﻦ ‪‬ﺭﺳ‪‬ﻮ ﹸﻝ ﺍﻟ ﱠﻠ ‪‬ﻪ ‪‬‬
‫ﺤ ﹾﻜ ﹺﻢ )ﺍﻟﺘﺮﻣﺬﻱ‪ :‬ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ(‪.‬‬ ‫ﺸ ‪‬ﻲ ﻓ‪‬ﻲ ﺍﹾﻟ ‪‬‬ ‫ﺍﻟﺮ‪‬ﺍ ‪‬ﺷ ‪‬ﻲ ﻭ‪‬ﺍﹾﻟﻤ‪ ‬ﺮ‪‬ﺗ ‪‬‬
‫‪“Allah cursed the briber and the bribed in‬‬
‫”‪making judgments.‬‬
‫ﺤﻜﱠﺎ ﹺﻡ ‪‬ﻟ‪‬ﺘ ﹾﺄﻛﹸﻠﹸﻮﺍ‬ ‫}ﻭ‪‬ﻻ ‪‬ﺗ ﹾﺄﻛﹸﻠﹸﻮﺍ ﹶﺃ ‪‬ﻣﻮ‪‬ﺍﹶﻟ ﹸﻜ ‪‬ﻢ ‪‬ﺑ ‪‬ﻴ‪‬ﻨ ﹸﻜ ‪‬ﻢ ﺑﹺﺎﹾﻟﺒ‪‬ﺎ ‪‬ﻃ ﹺﻞ ‪‬ﻭﺗ‪ ‬ﺪﻟﹸﻮﺍ ﹺﺑﻬ‪‬ﺎ ﹺﺇﻟﹶﻰ ﺍﹾﻟ ‪‬‬
‫ﺱ ﺑﹺﺎ ِﻹﹾﺛ ﹺﻢ ‪‬ﻭﹶﺃ‪‬ﻧ‪‬ﺘ ‪‬ﻢ ‪‬ﺗ ‪‬ﻌ ﹶﻠﻤ‪‬ﻮ ﹶﻥ)‪) {(188‬ﺳﻮﺭﺓ‬ ‫ﹶﻓﺮﹺﻳﻘﹰﺎ ‪‬ﻣ ‪‬ﻦ ﹶﺃ ‪‬ﻣﻮ‪‬ﺍ ﹺﻝ ﺍﻟﻨ‪‬ﺎ ﹺ‬
‫ﺍﻟﺒﻘﺮﺓ(‪.‬‬

‫‪8/18/2007‬‬ ‫‪220‬‬
 “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 221
 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 222
 “… and a woman should not ask the
divorce of her sister in order to deprive
her of what belongs to her. (Muslim)

8/18/2007 223
 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 224
 - Wages should be paid without any delay

.(‫ ﻛﺘﺎﺏ ﺍﻷﺣﻜﺎﻡ‬:‫" )ﺍﺑﻦ ﻣﺎﺟﺔ‬‫ﺮﻗﹸﻪ‬ ‫ﻋ‬ ‫ﻒ‬

 ‫ﺠ‬
‫ﻳ ﹺ‬ ‫ﺒ ﹶﻞ ﹶﺃ ﹾﻥ‬ ‫ ﹶﻗ‬‫ﺮﻩ‬ ‫ﺟ‬ ‫ﲑ ﹶﺃ‬
 ‫ﻋﻄﹸﻮﺍ ﺍ َﻷ ﹺﺟ‬ ‫"ﹶﺃ‬
“Give the laborer his wage before his
perspiration be dry.” (Ibn Majah)

8/18/2007 225
 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 226
 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.”

8/18/2007 227
 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)

8/18/2007 228
 6- To avoid haram transactions

a) Riba
‫ﻢ‬ ‫( ﹶﻓﹺﺈ ﹾﻥ ﹶﻟ‬278)‫ﲔ‬  ‫ﻣﹺﻨ‬ ‫ﺆ‬ ‫ﻢ ﻣ‬ ‫ﺘ‬‫ﻨ‬ ‫ﺎ ﹺﺇ ﹾﻥ ﹸﻛ‬‫ﺮﺑ‬ ‫ﻦ ﺍﻟ‬ ‫ﻣ‬ ‫ﻲ‬ ‫ﻘ‬ ‫ﺑ‬ ‫ﺎ‬‫ﻭﺍ ﻣ‬‫ﻭ ﹶﺫﺭ‬ ‫ﻪ‬ ‫ﺗﻘﹸﻮﺍ ﺍﻟ ﱠﻠ‬‫ﻮﺍ ﺍ‬‫ﻣﻨ‬ ‫ﻦ ﺀَﺍ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎ ﹶﺃﱡﻳﻬ‬‫}ﻳ‬
‫ﻭﻟﹶﺎ‬ ‫ﻮ ﹶﻥ‬‫ﻠﻤ‬ ‫ﺗ ﹾﻈ‬ ‫ﻢ ﻟﹶﺎ‬ ‫ﻟ ﹸﻜ‬‫ﺍ‬‫ﻣﻮ‬ ‫ﺱ ﹶﺃ‬ ‫ﺭﺀُﻭ‬ ‫ﻢ‬ ‫ﻢ ﹶﻓ ﹶﻠﻜﹸ‬ ‫ﺘ‬‫ﺒ‬ ‫ﺗ‬ ‫ﻭﹺﺇ ﹾﻥ‬ ‫ﻪ‬ ‫ﻟ‬‫ﻮ‬‫ﺭﺳ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻦ ﺍﻟ ﱠﻠ‬ ‫ﻣ‬ ‫ﺏ‬
‫ﺮ ﹴ‬ ‫ﺤ‬
 ‫ﻮﺍ ﹺﺑ‬‫ﻌﻠﹸﻮﺍ ﹶﻓ ﹾﺄ ﹶﺫﻧ‬ ‫ﺗ ﹾﻔ‬
.(‫({ )ﺳﻮﺭﺓ ﺍﻟﺒﻘﺮﺓ‬279)‫ﻮ ﹶﻥ‬‫ﺗ 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)
b) Dealing in haram commodities
8/18/2007 229
 7- Leniency

:‫ﻢ ﻗﹶﺎ ﹶﻝ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬
 ‫ﻪ‬ ‫ﻮ ﹶﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ﺎ ﹶﺃ ﱠﻥ‬‫ﻬﻤ‬‫ﻋﻨ‬ ‫ﻲ ﺍﻟﻠﱠﻪ‬‫ﺭﺿ‬ ‫ﻪ‬ ‫ﺪ ﺍﻟ ﱠﻠ‬ ‫ﺒ‬ ‫ﻋ‬ ‫ﺑ ﹺﻦ‬ ‫ﺎﹺﺑ ﹺﺮ‬‫ﻦ ﺟ‬ ‫ﻋ‬
‫ ﻛﺘﺎﺏ‬:‫ﻰ" )ﺍﻟﺒﺨﺎﺭﻱ‬‫ﺘﻀ‬‫ﻭﹺﺇ ﹶﺫﺍ ﺍ ﹾﻗ‬ ‫ﻯ‬‫ﺘﺮ‬‫ﺷ‬ ‫ﻭﹺﺇﺫﹶﺍ ﺍ‬ ‫ﻉ‬  ‫ﺎ‬‫ﻤﺤًﺎ ﹺﺇﺫﹶﺍ ﺑ‬ ‫ﺳ‬ ‫ﻼ‬‫ﺭﺟ‬ ‫ﻪ‬ ‫ﻢ ﺍﻟ ﱠﻠ‬ ‫ﺣ‬ ‫ﺭ‬ "
.(‫ﺍﻟﺒﻴﻮﻉ‬
“May Allah bless the person who behaves
leniently while buying, while selling,
and while collecting his dues.”

8/18/2007 230
 ‫ﻮ ﹶﻥ‬‫ﻌ ﹶﻠﻤ‬ ‫ﺗ‬ ‫ﻢ‬ ‫ﺘ‬‫ﻨ‬ ‫ﻢ ﹺﺇ ﹾﻥ ﹸﻛ‬ ‫ﻴﺮٌ ﹶﻟ ﹸﻜ‬ ‫ﺧ‬ ‫ﺪﻗﹸﻮﺍ‬ ‫ﺼ‬
 ‫ﺗ‬ ‫ﻭﹶﺃ ﹾﻥ‬ ‫ﺮ ٍﺓ‬ ‫ﺴ‬
 ‫ﻴ‬ ‫ﻣ‬ ‫ﺮﺓﹲ ﹺﺇﻟﹶﻰ‬ ‫ﻈ‬ ‫ﻨ‬‫ﺮ ٍ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)

8/18/2007 231
 WEEK 8

8/18/2007 232
 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 233
 - 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.

8/18/2007 234
 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 ‫ﺍ‬‫ﺪﻭ‬ ‫ﻌ‬ ‫ﺍﹾﻟ‬‫ﻋﻠﹶﻰ ﺍ ِﻹﹾﺛ ﹺﻢ ﻭ‬ ‫ﻮﺍ‬‫ﻭﻧ‬ ‫ﺎ‬‫ﺗﻌ‬ ‫ﻻ‬‫ﻯ ﻭ‬‫ﺘ ﹾﻘﻮ‬‫ﺍﻟ‬‫ﺮ ﻭ‬ ‫ﻋﻠﹶﻰ ﺍﹾﻟﹺﺒ‬ ‫ﻮﺍ‬‫ﻭﻧ‬ ‫ﺎ‬‫ﺗﻌ‬‫ﻭ‬ }
(2
“and help one another in goodness and
piety, and do not help one another in
sin and aggression.” (5: 2)

8/18/2007 235
 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 236
 - 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.”

8/18/2007 237
 - It is also the duty of the new
inexperienced workers to learn for
their seniors.
(‫({ )ﺳﻮﺭ ﺍﻟﻨﺤﻞ‬43)‫ﻮ ﹶﻥ‬‫ﻌ ﹶﻠﻤ‬ ‫ﺗ‬ ‫ﻢ ﻻ‬ ‫ﺘ‬‫ﻨ‬ ‫ﻫ ﹶﻞ ﺍﻟ ﱢﺬ ﹾﻛ ﹺﺮ ﹺﺇ ﹾﻥ ﹸﻛ‬ ‫ﺳﹶﺄﻟﹸﻮﺍ ﹶﺃ‬ ‫}ﻓﹶﺎ‬
“Ask those who are knowledgeable if you
don’t know” (16: 43)

8/18/2007 238
 3. Behaviour toward the superiors

a) To obey them and observe the rule of

law
{‫ﻢ‬ ‫ﻨ ﹸﻜ‬ ‫ﻣ‬ ‫ﻣ ﹺﺮ‬ ‫ﻲ ﺍ َﻷ‬‫ﻭﻟ‬ ‫ﻭﹸﺃ‬ ‫ﻮ ﹶﻝ‬‫ﺮﺳ‬ ‫ﻮﺍ ﺍﻟ‬‫ﻴﻌ‬‫ﻭﹶﺃﻃ‬ ‫ﻪ‬ ‫ﻮﺍ ﺍﻟ ﱠﻠ‬‫ﻴﻌ‬‫ﻮﺍ ﹶﺃﻃ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﺎ ﺍﱠﻟﺬ‬‫ﺎ 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 239
 b) To give them advice

‫ﻦ‬ ‫ﻳ‬‫ "ﺍﻟﺪ‬:‫ﻢ ﻗﹶﺎ ﹶﻝ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬  ‫ﻲ‬ ‫ﻨﹺﺒ‬‫ﻱ ﹶﺃ ﱠﻥ ﺍﻟ‬  ‫ﺍ ﹺﺭ‬‫ﻴ ﹴﻢ ﺍﻟﺪ‬‫ﺗﻤ‬ ‫ﻦ‬ ‫ﻋ‬ ‫ﺭﻭﻯ ﻣﺴﻠﻢ‬
"‫ﻢ‬ ‫ﺘ ﹺﻬ‬‫ﻣ‬ ‫ﺎ‬‫ﻭﻋ‬ ‫ﲔ‬
 ‫ﻤ‬ ‫ﻠ‬ ‫ﺴ‬
 ‫ﺔ ﺍﹾﻟﻤ‬ ‫ﻤ‬ ‫ﺋ‬‫ﻭ َﻷ‬ ‫ﻪ‬ ‫ﻟ‬‫ﻮ‬‫ﺮﺳ‬ ‫ﻟ‬‫ﻭ‬ ‫ﻪ‬ ‫ﺎﹺﺑ‬‫ﻜﺘ‬ ‫ﻟ‬‫ﻭ‬ ‫ﻪ‬ ‫ﻟ ﱠﻠ‬ ‫ﻦ ﻗﹶﺎ ﹶﻝ‬ ‫ﻤ‬ ‫ﻟ‬ ‫ﺎ‬‫ﺤ ﹸﺔ ﹸﻗ ﹾﻠﻨ‬
 ‫ﻴ‬‫ﻨﺼ‬‫ﺍﻟ‬
.(‫)ﻛﺘﺎﺏ ﺍﻹﳝﺎﻥ‬
“Religion is to give honest advice for Allah,
His Book, and His Prophet and to
Muslim leaders and public.”

8/18/2007 240
 4. Behaviour toward Subordinates

a) Consultation (shurah) and getting

feedback:
{159 :‫ﻣ ﹺﺮ{ )ﺁﻝ ﻋﻤﺮﺍﻥ‬ ‫ﻲ ﺍ َﻷ‬‫ﻢ ﻓ‬ ‫ﻫ‬ ‫ﺭ‬ ‫ﺎ ﹺﻭ‬‫ﻭﺷ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﺮ ﹶﻟ‬ ‫ﻔ‬ ‫ﻐ‬ ‫ﺘ‬‫ﺳ‬ ‫ﺍ‬‫ﻢ 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 ‫ﺎ‬‫ﺯ ﹾﻗﻨ‬ ‫ﺭ‬ ‫ﺎ‬‫ﻣﻤ‬ ‫ﻭ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﻨ‬‫ﻴ‬ ‫ﺑ‬ ‫ﻯ‬‫ﻮﺭ‬‫ﻢ ﺷ‬ ‫ﻫ‬ ‫ﺮ‬ ‫ﻣ‬ ‫ﻭﹶﺃ‬ ‫ﻼ ﹶﺓ‬‫ﻮﺍ ﺍﻟﺼ‬‫ﻭﹶﺃﻗﹶﺎﻣ‬ ‫ﻢ‬ ‫ﺑ ﹺﻬ‬‫ﺮ‬ ‫ﻟ‬ ‫ﻮﺍ‬‫ﺎﺑ‬‫ﺘﺠ‬‫ﺳ‬ ‫ﻦ ﺍ‬ ‫ﻳ‬‫ﺍﱠﻟﺬ‬‫ﻭ‬
‫({ )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 241
 b) To be kind and lenient with them
:‫ﻢ ﻗﺎﻝ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬  ‫ﻪ‬ ‫ﻮﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ﺸ ﹶﺔ ﺃﻥ‬  ‫ﺋ‬‫ﺎ‬‫ﺭﻭﻯ ﻣﺴﻠﻢ ﻋﻦ ﻋ‬
‫ﻦ‬ ‫ﻣ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﻖ‬ ‫ﺷ ﹸﻘ‬ ‫ﻢ ﻓﹶﺎ‬ ‫ﻴ ﹺﻬ‬ ‫ﻋ ﹶﻠ‬ ‫ﻖ‬ ‫ﺸ‬
 ‫ﻴﺌﹰﺎ ﹶﻓ‬ ‫ﺷ‬ ‫ﻲ‬‫ﻣﺘ‬ ‫ﻣ ﹺﺮ ﹸﺃ‬ ‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﻲ‬ ‫ﻟ‬‫ﻭ‬ ‫ﻦ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﻬ‬ ‫"ﺍﻟ ﱠﻠ‬
.(‫ﻪ" )ﻛﺘﺎﺏ ﺍﻹﻣﺎﺭﺓ‬ ‫ﻖ ﹺﺑ‬ ‫ﺭ ﹸﻓ‬ ‫ﻢ ﻓﹶﺎ‬ ‫ﻖ ﹺﺑ ﹺﻬ‬ ‫ﺮ ﹶﻓ‬ ‫ﻴﺌﹰﺎ ﹶﻓ‬ ‫ﺷ‬ ‫ﻲ‬‫ﻣﺘ‬ ‫ﻣ ﹺﺮ ﹸﺃ‬ ‫ﻦ ﹶﺃ‬ ‫ﻣ‬ ‫ﻲ‬ ‫ﻟ‬‫ﻭ‬
“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 242
 c) To serve them honestly and
sincerely
‫ﻦ‬ ‫ﻣ‬ ‫ﺎ‬‫ "ﻣ‬:‫ﻢ ﻗﺎﻝ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟ ﱠﻠﻪ‬  ‫ﻪ‬ ‫ﻮ ﹶﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ﺎ ﹴﺭ ﺃﻥ‬‫ﻳﺴ‬ ‫ﺑ ﹺﻦ‬ ‫ﻘ ﹺﻞ‬ ‫ﻌ‬ ‫ﻣ‬ ‫ﺭﻭﻯ ﻣﺴﻠﻢ ﻋﻦ‬
"‫ﻨ ﹶﺔ‬‫ﺠ‬
 ‫ ﺍﹾﻟ‬‫ﻢ‬‫ﻌﻬ‬ ‫ﻣ‬ ‫ﺧ ﹾﻞ‬ ‫ﺪ‬ ‫ﻳ‬ ‫ﻢ‬ ‫ ﹺﺇ ﹼﻻ ﹶﻟ‬‫ﺼﺢ‬
 ‫ﻨ‬ ‫ﻳ‬‫ﻭ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ ﹶﻟ‬‫ﻬﺪ‬ ‫ﺠ‬
 ‫ﻳ‬ ‫ﻢ ﻻ‬ ‫ﲔ ﹸﺛ‬
 ‫ﻤ‬ ‫ﻠ‬ ‫ﺴ‬
 ‫ﺮ ﺍﹾﻟﻤ‬ ‫ﻣ‬ ‫ﻲ ﹶﺃ‬‫ﻳﻠ‬ ‫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 243
 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.”

8/18/2007 244
 a) To avoid causing them any kind of
harm

‫ﻞﹸ‬‫ﺪﺧ‬ ‫ﻳ‬ ‫ ﻻ‬:‫ﻢ ﻗﹶﺎ ﹶﻝ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬
 ‫ﻪ‬ ‫ﻮ ﹶﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ﺮ ﹶﺓ ﹶﺃ ﱠﻥ‬ ‫ﻳ‬‫ﺮ‬ ‫ﻦ ﹶﺃﺑﹺﻲ ﻫ‬ ‫ﻋ‬
.(‫ ﻛﺘﺎﺏ ﺍﻹﳝﺎﻥ‬:‫" )ﺻﺤﻴﺢ ﻣﺴﻠﻢ‬‫ﺋ ﹶﻘﻪ‬‫ﺍ‬‫ﺑﻮ‬ ‫ﻩ‬ ‫ﺭ‬ ‫ﺎ‬‫ ﺟ‬‫ﻣﻦ‬ ‫ﻳ ﹾﺄ‬ ‫ﻦ ﻻ‬ ‫ﻣ‬ ‫ﻨ ﹶﺔ‬‫ﺠ‬  ‫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.”

8/18/2007 245
 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.”

8/18/2007 246
 ‫ﻰ‬‫ﺎﻣ‬‫ﻴﺘ‬‫ﺍﹾﻟ‬‫ﻰ ﻭ‬‫ﺮﺑ‬ ‫ﻱ ﺍﹾﻟ ﹸﻘ‬‫ﻭﹺﺑﺬ‬ ‫ﺎﻧًﺎ‬‫ﺣﺴ‬ ‫ﻳ ﹺﻦ ﹺﺇ‬‫ﺪ‬ ‫ﻟ‬‫ﺍ‬‫ﻭﺑﹺﺎﹾﻟﻮ‬ ‫ﻴﺌﹰﺎ‬ ‫ﺷ‬ ‫ﻪ‬ ‫ﺸ ﹺﺮﻛﹸﻮﺍ ﹺﺑ‬
 ‫ﻻ ﺗ‬‫ﻪ ﻭ‬ ‫ﻭﺍ ﺍﻟ ﱠﻠ‬‫ﺒﺪ‬‫ﻋ‬ ‫ﺍ‬‫ﻭ‬
‫ﺑ ﹺﻦ‬‫ﺍ‬‫ﺐ ﻭ‬ ‫ﻨ ﹺ‬ ‫ﺠ‬
 ‫ﺐ ﺑﹺﺎﹾﻟ‬ ‫ﺣ ﹺ‬ ‫ﺎ‬‫ﻭﺍﻟﺼ‬ ‫ﺐ‬ ‫ ﹺ‬‫ﻨ‬‫ﺎ ﹺﺭ ﺍﹾﻟﺠ‬‫ﺍﹾﻟﺠ‬‫ﻰ ﻭ‬‫ﺮﺑ‬ ‫ﻱ ﺍﹾﻟ ﹸﻘ‬‫ﺎ ﹺﺭ ﺫ‬‫ﺍﹾﻟﺠ‬‫ﲔ ﻭ‬ ‫ﻛ ﹺ‬ ‫ﺎ‬‫ﻤﺴ‬ ‫ﺍﹾﻟ‬‫ﻭ‬
:‫ﻮﺭًﺍ )ﺍﻟﻨﺴﺎﺀ‬‫ﺎﻻ ﹶﻓﺨ‬‫ﺨﺘ‬  ‫ﻣ‬ ‫ﻦ ﻛﹶﺎ ﹶﻥ‬ ‫ﻣ‬ ‫ﺐ‬‫ﺤ ﱡ‬  ‫ﻳ‬ ‫ﻪ ﻻ‬ ‫ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﻧ ﹸﻜ‬‫ﺎ‬‫ﻳﻤ‬‫ﺖ ﹶﺃ‬
 ‫ﻣ ﹶﻠ ﹶﻜ‬ ‫ﺎ‬‫ﻭﻣ‬ ‫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).

8/18/2007 247
 ‫ﺮﻗﹰﺎ‬ ‫ﻣ‬ ‫ﺖ‬
 ‫ﺨ‬
 ‫ﺒ‬‫ﺎﻧﹺﻲ ﹺﺇ ﹶﺫﺍ ﹶﻃ‬‫ﻭﺻ‬ ‫ﻢ ﹶﺃ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻬﻢ‬ ‫ﻲ‬‫ﻴﻠ‬‫ﺧﻠ‬ ‫ ﹺﺇ ﱠﻥ‬:‫ﻦ ﹶﺃﺑﹺﻲ ﹶﺫ ﱟﺭ ﻗﹶﺎ ﹶﻝ‬ ‫ﻋ‬
‫ﻑ")ﺻﺤﻴﺢ‬ ٍ ‫ﻭ‬‫ﻌﺮ‬ ‫ﻤ‬ ‫ﺎ ﹺﺑ‬‫ﻨﻬ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﻬ‬ ‫ﺒ‬ ‫ﺻ‬
 ‫ﻚ ﹶﻓﹶﺄ‬ ‫ﺍﹺﻧ‬‫ﻦ ﹺﺟﲑ‬ ‫ﻣ‬ ‫ﺖ‬
ٍ ‫ﻴ‬ ‫ﺑ‬ ‫ﻫ ﹶﻞ‬ ‫ﺮ ﹶﺃ‬ ‫ﻧ ﹸﻈ‬‫ﻢ ﺍ‬ ‫ﻩ ﹸﺛ‬ ‫ﺎ َﺀ‬‫ﺮ ﻣ‬ ‫ﺜ‬‫ﹶﻓﹶﺄ 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.

8/18/2007 248
 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 249
 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.

8/18/2007 250
 The challenge here is:
How can make ourselves transform
these principles from theory to
practice to avoid opportunism and
dictatorship?

8/18/2007 251
 The concept of opposition

Right to change vs. cooperation

- To monitor the activities of the

government
= Cooperate in good and
beneficial matters

= Criticize what is seen to be

wrong and bad

8/18/2007 252
 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

8/18/2007 253
 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 254
 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 255
 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.

8/18/2007 256
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.

8/18/2007 257
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 258
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.

8/18/2007 259
• 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.

8/18/2007 260
 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
8/18/2007 261

against you because of (your) faith

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 263
2- Later definition (separation of sciences)
The knowledge of detailed shar‘i akham (legal
rules) pertaining to conduct derived from their
specific evidences

8/18/2007 264
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 Fiqh
- Wider - Narrower
- Source = divine - divine + sunnah +
human endeavor
- Immutable - some parts may
change
8/18/2007 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 266
 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 267
 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 268
 - 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

8/18/2007 269
 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)

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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 271
 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 272
.

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

8/18/2007 273
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 274
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 275
 WEEK 10

8/18/2007 276
 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 of mankind

pertaining to this world.
8/18/2007 277
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)

8/18/2007 278
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 279
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.

8/18/2007 280
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 281
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

8/18/2007 282
 = 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

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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 284
 - 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 285
 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 286
 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 287
 2- Punishments;
3- Preventing unqualified
professional from practising;
4- Prohibition of hoarding

8/18/2007 288
 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 289
 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

8/18/2007 290
 b) Against outsiders: defending religion
intellectually, power and independence,
Jihad

2- Life:
Affirmative measures:
- Establishment: creation, marriage

- Maintenance: providing sustenance,

maintaining good health

8/18/2007 291
 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 292
 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 293
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

8/18/2007 294
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

8/18/2007 295
 WEEK 11

8/18/2007 296
 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 297
 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 (child-
bearing), for I shall outnumber the peoples by
you.”
8/18/2007 298
 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 ‫ﺎ‬‫ﻭﹺﺇﻳ‬ ‫ﻢ‬ ‫ﻗﹸﻜﹸ‬‫ﺮﺯ‬ ‫ﻧ‬ ‫ﺤﻦ‬
 ‫ﻧ‬ ‫ﻕ‬
‫ﻼ ﹴ‬‫ﻦ ﹺﺇﻣ‬ ‫ﻣ‬ ‫ﻢ‬ ‫ﺩ ﹸﻛ‬ ‫ﻻ‬‫ﻠﹸﻮﺍ ﹶﺃﻭ‬‫ﺗ ﹾﻘﺘ‬ ‫ﻻ‬‫ﻭ‬
“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 ﹸﻛ‬‫ﻭﹺﺇﻳ‬ ‫ﻢ‬ ‫ﻗﹸﻬ‬‫ﺮﺯ‬ ‫ﻧ‬ ‫ﺤﻦ‬
 ‫ﻧ‬ ‫ﻕ‬
‫ﻼ ﹴ‬‫ﻴ ﹶﺔ ﹺﺇﻣ‬‫ﺸ‬
 ‫ﺧ‬ ‫ﻢ‬ ‫ﺩ ﹸﻛ‬ ‫ﻻ‬‫ﻠﹸﻮﺍ ﹶﺃﻭ‬‫ﺗ ﹾﻘﺘ‬ ‫ﻻ‬‫ﻭ‬
(‫({ )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)

8/18/2007 300
 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 301
 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.

8/18/2007 302
 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 303
 - 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.”

8/18/2007 304
 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.”

8/18/2007 305
 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 306
 - 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.

8/18/2007 307
 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 308
- 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 309
 ‫ﻮ ٍﻥ‬‫ﻣ ﹾﻈﻌ‬ ‫ﺑ ﹺﻦ‬ ‫ﺎ ﹶﻥ‬‫ﻋ ﹾﺜﻤ‬ ‫ﻋﻠﹶﻰ‬ ‫ﻢ‬ ‫ﺳ ﱠﻠ‬ ‫ﻭ‬ ‫ﻪ‬ ‫ﻴ‬ ‫ﻋ ﹶﻠ‬ ‫ﺻﻠﱠﻰ ﺍﻟﻠﱠﻪ‬
 ‫ﻪ‬ ‫ﻮ ﹸﻝ ﺍﻟ ﱠﻠ‬‫ﺭﺳ‬ ‫ﺩ‬ ‫ﺭ‬ :‫ﺹ ﻗﹶﺎ ﹶﻝ‬
‫ﻭﻗﱠﺎ ﹴ‬ ‫ﺑ ﹺﻦ ﹶﺃﺑﹺﻲ‬ ‫ﺪ‬ ‫ﻌ‬ ‫ﺳ‬ ‫ﻦ‬ ‫ﻋ‬
.(‫ ﻛﺘﺎﺏ ﺍﻟﻨﻜﺎﺡ‬:‫ﺎ" )ﺻﺤﻴﺢ ﻣﺴﻠﻢ‬‫ﻴﻨ‬ ‫ﺼ‬  ‫ﺘ‬‫ﺧ‬ ‫ ﻻ‬‫ﺫ ﹶﻥ ﹶﻟﻪ‬ ‫ﻮ ﹶﺃ‬ ‫ﻭﹶﻟ‬ ‫ﺒﱡﺘ ﹶﻞ‬‫ﺘ‬‫ﺍﻟ‬

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).”

8/18/2007 310
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.”

8/18/2007 311
 Sterilization may be practised under cases
of necessity

- When pregnancy becomes dangerous to the

mother’s life (determined by trustworthy-
Muslim doctors) and when other alternatives
of contraception have been exhausted
without being effective.

- Marriage for tow persons infected with AIDS,

HIV.

8/18/2007 312
 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 313
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.

8/18/2007 314
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 315
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 316
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 317
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 318
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 319
- 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.

8/18/2007 320
- 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

8/18/2007 321
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.

8/18/2007 322
 Remedies for barren (infertile)
couples

1- Using artificial techniques of fertilization

2- Foster parenting
Legal adoption
- Take the name of the
new family
- May be entitled to
inheritance
foster parenting
- retains the name of
his original family
- not entitled/ may be
given through will
(wasiyyah) up to 1/3
- Not a mahram

8/18/2007 323
 WEEK 12

8/18/2007 324
 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 325
 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).

8/18/2007 326
 ‘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.

8/18/2007 327
 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

8/18/2007 328
 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 329
 - 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.

8/18/2007 330
 WEEK 14

8/18/2007 331
 Termination of human life

1- Suicide
(29 :‫ﻴﻤًﺎ{ )ﺍﻟﻨﺴﺎﺀ‬‫ﺭﺣ‬ ‫ﻢ‬ ‫ﻪ ﻛﹶﺎ ﹶﻥ ﹺﺑ ﹸﻜ‬ ‫ﻢ ﹺﺇ ﱠﻥ ﺍﻟ ﱠﻠ‬ ‫ﺴﻜﹸ‬
 ‫ﻠﹸﻮﺍ ﺃﹶﻧﻔﹸ‬‫ﺗ ﹾﻘﺘ‬ ‫ﻻ‬‫}ﻭ‬
“You shall not kill yourselves” (4: 29)
(195 :‫ﺔ{ )ﺍﻟﺒﻘﺮﺓ‬ ‫ﻬﻠﹸ ﹶﻜ‬ ‫ﺘ‬‫ﻢ ﹺﺇﻟﹶﻰ ﺍﻟ‬ ‫ﻳ ﹸﻜ‬‫ﻳﺪ‬‫ﺗ ﹾﻠﻘﹸﻮﺍ ﹺﺑﹶﺄ‬ ‫ﻻ‬‫}ﻭ‬
“Do not expose yourselves to ruin” (2: 195)

8/18/2007 332
 “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 333
 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.

8/18/2007 334
 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.

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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.
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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

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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.
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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

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 - Children/ minors/ under guardianship
- Adults:
- Living
- Dead:
- explicit acceptance or
rejection
- no will
The recipient
- Muslim
- Non-Muslim

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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.

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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).

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 WEEK 14

8/18/2007 348
 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 of al-Gharar (ambiguities,
uncertainty)
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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.
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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.
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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.
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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.

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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.
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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.
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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.

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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:

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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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