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ETHICS AND FIQH FOR

EVERYDAY LIFE
WEEK 1
(UNGS 2050)

STANDARD CONTENTS FOUNDATIONS OF ETHICS IN ISLAM


© Department of General Studies, 2008

Introduction Major concerns


Literally: Derived from Greek ethos, means
 Definition:
character.  The nature of ultimate values = ethical principles.
 Technically:
The field of study that has  The standards by which human actions can be
morality as its subject matter. judged as “right” or “wrong”, “good” or “bad”.
(Branch of science)
Ethics

The values or rules of


conduct held by an individual or a
group = morality/ morals
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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The Importance of Ethics in Islam  The main purpose of Islam

Morality/ good moral character is:


“I have been sent (as the Messenger of Allah)
- The spirit of Islam only for the purpose of perfecting good morals”.
- The validation and authentication of Iman (hadith)

1- Morality as the spirit of Islam  Who is a Muslim?


 What is Islam? “A Muslim is the one who avoids harming
Good relationship among human Muslims with his tongue and hand” (hadith)
beings = good morality.

Good relationship with Allah in its


spiritual sense.

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 Even pure worship („ibadat) is for moral purposes


Islam & ethics - continued
Examples:
Salat: “…And establish regular prayer; “Allah has nothing to do with the fasting of
for prayer restrains from indecency and those who did not avoid perjury, lying and false
evil” (29: 45) accusation and acting upon them.” (hadith)
 Zakat: “…Take alms of their wealth, so  Hajj: “…whoever determines the performance of
that it may purify and sanctify them. (9: 103) the pilgrimage therein, there shall be no lewdness
 Fasting: “…Fasting was made compulsory for you, nor abuse nor angry conversation on the
as it was made compulsory for those who pilgrimage(2: 197).
preceded you, so that you may become
righteous.” (2: 183)

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Morality as validation of Iman Morality as validation of Iman

Definition of Iman:
“Iman has over sixty branches (parts): the highest of Conviction Foundation
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 Profession Declaration
harm to anyone. And modesty (haya‟ ‫ )الحياء‬is a
branch of it.” (hadith)

Practice Validation

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Morality as validation of Iman “He who believes in Allah and the Last Day
of Judgment is forbidden to cause any harm
 “The man who has these three habits is a hypocrite to his neighbour, is to be kind to his guests
even if he observes fast, offers prayers, performs
„umra (pilgrimage), and claims to be a Muslim: when – especially the strangers, and is to say the
he talks he speaks untruth, when he makes a truth or else abstain.” (hadith)
promise he does not keep it, and when he is given
something in trust, he commits dishonesty.” (hadith)
 Lacking in good morals = Lacking in faith (iman)
“None of you will have faith (will be a true believer) till
he wishes for his (Muslim) brother what he likes for
 “which Muslim has the perfect faith? “He who has the himself.” (hadith)
best moral character.” (hadith)
 The level of faith (iman) is proportional to the level of
morals Good morals are conditions of validity of
Iman
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Why we have to be moral people?

Spiritual benefits:
) 3(ِ‫ ) إِالَّ اٌَّزََِٓ إَُِٓىا وَػٍَُِّىا اٌظَّبٌِذَبدِ وَرَىَاطَىِا ثِبٌْذَكّْ وَرَىَاطَىِا ثِبٌظَّجِش‬2( ٍ‫) إَِّْ اإلِٔغَبَْ ٌَفٍِ خُغِش‬1( ِ‫ وَاٌْؼَظِش‬
“I swear by the time, Most surely man is in loss, Save  Good morals = voluntary worship
those who believe and do good works, and exhort one “A believer by virtue of his good morals may attain
another to truth and exhort one another to endurance.” the status of one who fasts (voluntary fast) regularly
(103: 1-3) and performs prayer at night”. (hadith)
) 82 :‫ وَاٌَّزََِٓ ءَإَُِىا وَػٍَُِّىا اٌظَّبٌِذَبدِ ؤُوٌَئِهَ َؤطِذَبةُ اٌْجََّٕخِ ُُِ٘ فُِهَب خَبٌِذُوَْ(اٌجمشسح‬
 The dearest one to Allah:
Those who have Faith and work righteousness. They
are the ones who shall be rewarded with Jannah. When the Prophet (saw) was asked: Whom Allah
therein they shall have an everlasting life. (2: 82) 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 Social benefits:


virtues
“Courtesy and good morality melt the sins just like  Stable, secure, and harmonious society
water melts the ice. And immorality spoils good  Directing civilization to a just end (civilization = to do
deeds as vinegar spoils honey.” (hadith) what can be done. Ethics = what should be done,
what should not be done)
“A certain woman is famous for her voluntary  Strong and peaceful family life
prayers, fasting and charities, but she harms her  Good leadership
neighbours. She is in Hell. Another woman does not  Building good reputation
do much by way of voluntary prayers and fasting and  Wining hearts of people
she gives pieces of cheese in charity but she does
not harm her neighbours. She is in the Paradise.”
(hadith)

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Fields of ethics
Commitment to values
 “Fear Allah wherever and whenever you are (obey Normative Metaethics Applied
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)  Normative ethics:
- Seeks to set norms and standards for conduct
- General theories about what one ought to do.
 “Do not follow others blindly and say: if people do
good, we do good too, and if they do injustice, we  Metaethics:
do too. Rather, make up your minds for yourselves Systematically studies the meanings of ethical terms
and if people do something good, do it too, but if and of judgments used in normative ethics.
they do something unjust, do not do it yourselves.”
(hadith)

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Fields - continued Ethics / „ilm al-Akhlāq/ al-Akhlāq


 Ethics in Arabic is „ilm al-Akhlāq (science of
 Applied ethics: morality), which is the branch of knowledge that
Application of normative theories to practical moral studies akhlaq (morals).
issues/ problems.  al-Akhlāq (the plural of khuluq/ ‫خلُق‬ ُ ) refers to
morality, which means a nature, or an innate
Examples: disposition or temperament.
- Obedience to parents  The proper signification of khuluq is the moral
- Right to life character; or the fashion of the inner man; his
- Justice mind or soul and its peculiar qualities and
- Cooperation attributes.

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Morality/ ethics and law
 Both law and morality are action-guiding.
 Law provides a series of public statements (a
WEEK 2 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.
THE RELATIONSHIP BETWEEN  Morality provides a similar system though might
not be in written form.
ETHICS, FIQH AND LAW  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 In morality, by contrast, bad intentions may
morality; that is, law puts morality into a code or sometimes amount to a moral wrong. On the
system that can then be enforced by punishment. other hand, good intentions are in themselves
good values.
 Scope: In general, the law is taken to be
concerned with acts, rather than attitudes.  Morality is wider than law. What is moral in not
necessarily enforced through law.
But there are some things which are governed by
The mere fact of having certain intentions is not law (driving on the left or right side of road) which
really the sort of thing about which you can have are presumably matters of indifference from a
a law. moral point of view.

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 Conformity between morality and law:
= In Islamic law:  Sanctions: If you break the law, you may be fined or
imprisoned or executed. Various bureaucracies exist
- Law should be a reflection of Islamic morals. precisely to hand out legal sanctions.
- Laws, rules and regulations are not supposed to be If you do something that is morally wrong (but not
against Islamic moral principles also illegal), however, no similar bureaucracy is going
= In secular law to come after you.
The relationship between law and morality is not
entirely reciprocal. What is moral is not necessarily Instead,
legal and vice versa. In divine religions you suffer a punishment on the
Many practices have been inscribed in the law, that Day of Judgment.
are clearly immoral (e.g., homosexuality, same sex In non-religious world views you may suffer the sense
marriage, mercy killing, abortion, usury, changing of guilt in your own conscience, or your reputation
may suffer, or you may be exposed to the blame of
munkar …). other people

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Morality and Etiquette


 For the most part, “etiquette” pertains to norms INCULCATION OF MORAL VALUES
that are of little ethical significance.
 It concerns form and style rather than the
essence of social existence.
 Etiquette determines what is polite behavior  Determination
rather than what is right behavior in a deeper  Motivation
sense. It represents society‟s or religion‟s
 Training (habituation)
decision about how we are to dress, greet one
another, eat, celebrate festivals, express gratitude  Environment (peers, friends ..)
and appreciation etc.

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 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  Motivation
considering it to be fine and satisfactory.
 To remember rewards & punishments
ٍ‫إٌَِّ انًُْؤِيٍَِ يَسَي ذَُُىتَُّ كَإَََُّّ قَاعِدْ ذَحِدَ جَثَمٍ يَخَافُ ؤٌَْ يَقَعَ عَهَيِِّ وَإٌَِّ انْفَاجِسَ يَسَي ذَُُىتَُّ كَرُتَاب‬  Models & Ideals
‫يَسَّ عَهًَ ؤََِفِِّ فَقَالَ تِِّ َْكَرَا‬
 Reciting the Qur‟an
“A believer sees his sins as if he were sitting under a
mountain which, he is afraid, may fall on him; whereas  Reading Sirah
the wicked person considers his sins as flies passing  Reading the biographies of pious people
over his nose and he just drives them away like this.”
(hadith)

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 Training (habituation)
 “Adopt truth, for truth leads to righteousness, and
righteousness leads to Jannah. A person speaks
 Morals can be instilled on the principle of habit
the truth regularly and adopts truthful ways till he
formation
is recorded as a truthful person. And keep away
 Habit: do it without thinking/ hard to stop it
from falsehood, for falsehood leads to
 Start repeat develop it to a habit 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 ْ‫ إًَََِّا يُسِيدُ انشَّيِطَاٌُ ؤٌَْ يُىقِعَ تَيَُِكُىُ اْنعَدَاوَجَ وَانْثَغِضَاءَ فِي انْخًَِسِ وَانًَْيِعِسِ وَيَصُدَّكُىِ عٍَِ ذِكْسِ انهَِّّ وَعٍَِ انصَّهَاجِ فَهَم‬
) 91 :‫ؤََِرُىِ يُُِرَهُىٌَ (املائدج‬
 Tell truth regularly truthful person
 Satan's plan is (but) to excite enmity and hatred
between you, with intoxicants and gambling, and
 Falsehoodwickedness Jahannam hinder you from the remembrance of Allah, and
from prayer: will ye not then abstain? (5: 91)
 Tell lies regularly liar

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Environment (peers, friends ..)


“The similitude of a good company and that of a WEEK 3
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 CORE MORAL VALUES IN ISLAM
clothes or you shall have to smell its bad smell.”
(hadith)

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Forms of expression in the Qur‟an

THE CONCEPT OF JUSTICE („ADL) - al-„Adl (‫ )اٌؼذي‬and its derivatives = 10


(2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8),
To place things in their rightful places
(6:152), (42: 15)
The term “‟adl” implies:
Giving people what they deserve, - al-Qist (‫ )اٌمغط‬and its derivatives = 18
Impartiality,
Saying the truth, (3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29),
Avoiding oppressing others, (10: 4, 47, 54), (11:85), (21: 47), (55: 9), (57:25), (5:
Avoiding bias and prejudice, 42), (49: 9), (60: 8).
Being balanced in one‟s views and
judgements. - ‫ القسقطاس‬،‫( الميزان‬balance)

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Forms of Justice

Justice 1. Justice in judging between people/ Judicial


justice
Judging between people Judges, mediators, arbiters

To be impartial in judging between


Sayings people (more in legal ethics)

state of mind/
way of thinking
way of treating
people
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ُِ ُ‫{عََّّبػُىَْ ٌٍِْىَزِةِ ؤَوَّبٌُىَْ ٌٍِغُّذِذِ فَئِْْ جَبءُونَ فَبدِىُُِ ثََُِٕهُُِ ؤَوِ ؤَػِشِعِ ػَِٕهُُِ وَإِْْ رُؼِشِعِ ػَِٕه‬
‫)} (عىسح‬42(َ‫َفٍَِٓ َؼُشُّونَ شَُِئًب وَإِْْ دَىَِّذَ فَبدِىُُِ ثََُِٕهُُِ ثِبٌْمِغِطِ إَِّْ اٌٍََّٗ َُذِتُّ اٌُّْمْغِطِني‬
ٌٍََّٗ‫{إَِّْ اٌٍََّٗ َإُِْشُوُُِ ؤَْْ رُؤَدُّوا األََِبَٔبدِ إًٌَِ ؤَ ٍِِ٘هَب وَإِرَا دَىَِّزُُِ ثََُِٓ إٌَّبطِ ؤَْْ رَذِىُُّىا ثِبٌْؼَذِيِ إَِّْ ا‬ .)‫ادلبئذح‬
.)‫)} (عىسح إٌغبء‬58(‫ِٔؼَِّّب َؼِظُىُُِ ثِِٗ إَِّْ اٌٍََّٗ وَبَْ عَُِّؼّب ثَظِريّا‬ “Listeners for the sake of falsehood! Greedy for illicit
“Surely Allah commands you to render back trusts to gain! If then they have recourse unto you
their owners and that when you judge between (Muhammad) judge between them or disclaim
people you judge with justice; surely Allah jurisdiction. and if you turn aside from them, they shall
admonishes you with what is excellent; surely Allah not harm you in any way. But if you judge, judge
is Seeing, Hearing.” (4: 58) between them with equity; surely Allah loves those
who judge equitably.” (5: 42)

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- With enemies:
2. Justice in sayings:
ًٍََ‫{ََب ؤََُّهَب اٌَّزََِٓ إَُِٓىا وُىُٔىا لَىَّا ِنيَ ٌٍَِِّٗ شُهَذَاءَ ثِبٌْمِغِطِ وَال َجِشََِِّٕىُُِ شََٕأُْ لَ ِىٍَ ػ‬
To say the truth and bear witness with justice ‫)} (عىسح‬8(َْ‫ؤَالَّ رَؼِذٌُِىا اػِذٌُِىا ُ٘ىَ َؤلْ َشةُ ٌٍِزَّمْىَي وَارَّمُىا اٌٍََّٗ إَِّْ اٌٍََّٗ خَِجريْ ثَِّب رَؼٍَُِّى‬
.)‫ادلبئذح‬
“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)

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- Against oneself & relatives َ‫ََبؤََُّهَب اٌَّزََِٓ إَُِٓىا وُىُٔىا لَىَّا ِنيَ ثِبٌْمِغِطِ شُهَذَاءَ ٌٍَِِّٗ وٌََىِ ػًٍََ ؤَٔفُغِىُُِ ؤَوِ اٌْىَاٌِذََِ ِٓ وَاٌْإَلْشَثِني‬
.)َ‫)} (عىسح األٔؼب‬152( … ًَ‫{وَإِرَا ُلٍْزُُِ فَبػِذٌُِىا وٌََىِ وَبَْ رَا لُشِث‬ )‫) (إٌغبء‬135( ‫إِْْ َىُِٓ غَُِِّٕب ؤَوِ فَمِريّا فَبٌٍَُّٗ ؤَوًٌَِ ثِهَِّب َفٍَب رَزَّجِؼُىا اٌْهَىَي ؤَْْ رَؼِذٌُِىا‬
“And when you speak, then be just though it be against a O you who believe! stand out firmly for justice, as
relative…” (6: 152) 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)

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3. Justice in treating people - Social welfare fund:


ِٓ ِ‫{َِب ؤَفَبءَ اٌٍَُّٗ َػًٍَ سَعُىٌِِٗ ِِٓ ؤًَِِ٘ اٌْمُشَي َفٍٍَِِّٗ وٌٍَِشَّعُىيِ وٌَِزٌِ اٌْمُشِثًَ وَاٌَُْزَبًَِ وَاٌَّْغَبوِنيِ وَاث‬
‫اٌغَّجًُِِ وٍَِ ال َىُىَْ دُوٌَخً ثََُِٓ األَغَُِْٕبءِ ِِٕىُُِ وََِب ءَارَبوُُُ اٌشَّعُىيُ فَخُزُوُٖ وََِب َٔهَبوُُِ ػَُِٕٗ فَبِٔزَهُىا‬
(a)To avoid oppressing others and abusing their
)‫)} (احلشش‬7(ِ‫وَارَّمُىا اٌٍََّٗ إَِّْ اٌٍََّٗ شَذَِذُ اٌْؼِمَبة‬
rights
That which Allah gives as spoil unto His messenger
from the people of the townships, it is for Allah and
b) Social and economic justice His messenger and for the near of kin and the
- People should be given equal opportunities. orphans and the needy and the wayfarer, so that it
- People must be given the right to private may not become a commodity between the rich
ownership and freedom of economic pursuit. among you. And whatsoever the messenger gives
- the wealth of the individuals should be fully protected. you, take it. And whatsoever he forbids, abstain
(from it). And keep your duty to Allah. Surely Allah is
- Redistribution of wealth/ Zakat + charity.
stern in reprisal. (59:7)

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c) Political justice: My father went to Allah's Messenger (saw) in order
- Shurah: people have right to decide how to to make him the witness of the donation given to me.
and who is to manage their affairs. Allah's Messenger (saw) said to him: Have you done
- Fair representation of different groups. 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
(d) Justice on the family level back the gift.” (hadith)
- 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.

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- Justice to wives/ husbands


ِْْ‫وٌََِٓ رَغِزَطُِؼُىا ؤَْْ رَؼِذٌُِىا ثََُِٓ إٌّْغَبءِ وٌََىِ دَشَطِزُُِ َفٍَب رٍَُُِّىا وًَُّ اًٌَُِِّْ فَزَزَسُوَ٘ب وَبٌُّْؼٍََّمَخِ وَإ‬
َ ‫{وَإِْْ خِفْزُُِ َؤالّ رُمْغِطُىا فٍِ اٌَُْزَبًَِ فَبٔىِذُىا َِب طَبةَ ٌَىُُِ َِٓ إٌّْغَبءِ َِضًَْٕ وَصُالسَ وَسُثَب‬
‫ع‬ )‫) (عىسح إٌغبء‬129(‫ظٍِذُىا وَرَزَّمُىا فَئَِّْ اٌٍََّٗ وَبَْ غَفُىسّا سَدُِّّب‬ ِ ُ‫ر‬
‫)} (عىسح‬3(‫فَئِْْ خِفْزُُِ ؤَالَّ رَؼِذٌُِىا فَىَادِذَحً ؤَوِ َِب َِ ٍَىَذِ ؤَََِّبُٔىُ ُِ رٌَِهَ ؤَدًَِٔ ؤَالَّ رَؼُىٌُىا‬ You will not be able to be completely just between
.)‫إٌغبء‬ wives, even if it is your ardent desire. But don‟t turn
“And if you fear that you cannot act equitably altogether from one, leaving her as in suspense. If
towards orphans, then marry such women as seem you do good and keep from evil, Allah is ever
good to you, two and three and four; but if you fear forgiving, merciful. 4: 129
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)

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4. Justice as a state of mind/ way of thinking:
(e) Justice in weighing & measuring
To be moderate and balanced in our views,
)35(‫وَؤَ ِوفُىا اٌْىًََُِ إِرَا وٍِْزُُِ وَصُِٔىا ثِبٌْمِغِطَبطِ اٌُّْغِزَمُُِِ رٌَِهَ خَُِشْ وََؤدِغَُٓ رَإْوَِال‬ especially in making judgments on things and
)‫(اإلعشاء‬ people.
And give full measure when you measure, and weigh
with a right balance; this is fair and better in the end. This would be achieved through looking at both
(17: 35) 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.

53 54

Cause of injustice vs. Requirements of justice


2. Requirements of justice
1. Cause of injustice:
 Hatred enemies + opponents (a) On the individual level:
 Love and favour relatives + cronies
 Self-interest and greed 1.To keep in mind the dire consequences of injustice
 Ignorance
 Hurry in making decisions

55 56

14
ُ‫{وَال رَذِغَجََّٓ اٌٍََّٗ غَبفِالً ػََّّب َؼًَُِّ اٌظَّبٌُِّىَْ إََِّّٔب َُؤَخّْشُُُِ٘ ٌَُِ ِىٍَ رَشِخَضُ فُِِٗ األَثِظَبس‬ َْ‫) إََِّّٔب اٌغَّجًُُِ ػًٍََ اٌَّزََِٓ َظٍُِّْى‬41(ًٍُِ‫{وٌَََِّٓ أِزَظَشَ ثَؼِذَ ظٍُِِّْٗ فَإُوٌَِئهَ َِب ػٍََُِهُِِ ِِٓ عَج‬
)ُُ٘‫)} (إثشا‬43(ٌ‫) ُِهِطِؼِنيَ ُِمِْٕؼٍِ ُسءُوعِهُِِ ال َشِرَذُّ إٌَُِِهُِِ طَ ِشفُهُُِ وََؤفْئِذَرُهُُِ َ٘ىَاء‬42( )‫)} (اٌشىسي‬42( ٌَُُِْ‫إٌَّبطَ وََجِغُىَْ فٍِ األَسِعِ ثِغَُِشِ اٌْذَكّْ ؤُوٌَِئهَ ٌَهُُِ ػَزَاةْ ؤ‬
And do not think Allah is unaware of what the unjust And whoever defends himself after his being
do; He only respites them to a day on which the eyes
will stare in terror. As they come hurrying on in fear oppressed, there is no way of blame against them.
their heads upraised, their gaze returning not to The blame is only against those who oppress
them, and their hearts vacant. (14: 42-43) mankind, and act in defiance of right and justice (and
wrongfully rebel in the earth) these shall have a
painful punishment. (42: 41-42)

57 58

2- To distance oneself from oppressors 3- To examine whatever we hear before acting against
people on mere suspicion
َْ‫وَال رَشِوَُٕىا إًٌَِ اٌَّزََِٓ َظٍَُّىا فَزََّغَّىُُُ إٌَّبسُ وََِب ٌَىُُِ ِِٓ دُوِْ اٌٍَِّٗ ِِٓ ؤَوٌَُِِبءَ صَُُّ ال رُِٕظَشُو‬
)113 :‫(٘ىد‬
‫ََبؤََُّهَب اٌَّزََِٓ ءَإَُِىا إِْْ جَبءَوُُِ فَبعِكْ ثَِٕجَإٍ فَزَجََُُّٕىا ؤَْْ رُظُِجُىا لَىِِّب ثِجَهَبٌَخٍ فَزُظِجِذُىا ػًٍََ َِب‬
)6 :‫ (احلجشاد‬.َ‫فَؼٍَْزُُِ َٔبدِ ِني‬
And do not incline to those who are unjust, or the Fire
“O you who believe! If an untrustworthy person comes
will seize you, and you have no guardians besides to you with any news/ report, look carefully into it, lest
Allah, then you shall not be helped. (11:113) you harm people in ignorance, then be sorry for what
you have done. (49:6)

59 60

15
(b) On societal level:

)12 :‫ََبؤََُّهَب اٌَّزََِٓ ءَإَُِىا اجِزَِٕجُىا وَِضريّا َِٓ اٌظَّّْٓ إَِّْ ثَؼِغَ اٌظَّّْٓ إِْصُْ (احلجشاد‬ ‫{ٌَمَذِ ؤَسِ َعٍَْٕب سُ ُعٍََٕب ثِبٌْجََُّْٕبدِ وَؤَِٔضٌََْٕب َِؼَهُُِ اٌْىِزَبةَ وَاٌُِّْضَاَْ ٌَُِمُىََ إٌَّبطُ ثِبٌْمِغِطِ وَؤَِٔضٌََْٕب اٌْذَذَِ َذ‬
})25(ْ‫فُِِٗ ثَإْطْ شَذَِذْ وَََِٕبفِغُ ٌٍَِّٕبطِ وٌََُِ ِؼٍََُ اٌٍَُّٗ َِِٓ َِٕظُشُُٖ وَسُ ُعٍَُٗ ثِبٌْغَُِتِ إَِّْ اٌٍََّٗ لَىٌِّّ ػَضَِض‬
O you who believe! Avoid most of suspicion, for surely .)‫(عىسح احلذَذ‬
suspicion in some cases is a sin. (49:12) “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)

61 62

Injustice/ Tyranny / Zulm


1- The book: that refers to the just and perfect laws.  Placing something not at its proper place
 To go beyond the limit of what is morally or legally
2- The balance: that refers to the knowledge and acceptable
wisdom of the judge by which he can weigh  To exceed the limits of our rights/ power/ authority
contradictory pleas and evidences to come out with a  To cause harm & injury to others.
just decision.

3- The iron: that refers to power and authority. Usually


justice cannot be implemented without authority. It
needs to be imposed on wrongdoers and tyrants.

63 64

16
Insignificances of zulm

:‫تَمْ ُْىَ ءَايَاخْ تَيَُِّاخْ فِي صُدُوزِ انَّرِيٍَ ؤُوذُىا انْعِهْىَ وَيَا يَجِحَدُ تِأيَاذَُِا إِنَّا انظَّانًُِىٌَ (انعُكثىخ‬ Injustice leads to bankruptcy:
)49
Nay, here are Signs self-evident in the hearts of When the Messenger of Allah asked: Who is a
those endowed with knowledge: and none but the bankrupt. His companions answered that the bankrupt
unjust reject Our signs. (29:49) 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;

65 66

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 The Messenger of Allah used to say in any speech he
are finished before his wicked deeds are finished, then gives: “The person who does not keep trust has no
the sins of the victims would be given to him and he Iman (faith) and the person who does not respect his
covenant (and promise) has no religion.” (hadith)
would be thrown into the Hell”. (hadith)
"The signs of a hypocrite are three: … (c) If he is
entrusted, he does honour his trust (he proves to be
dishonest)” (hadith)

67 68

17
"When would the Hour (Doomsday) take place?" … What is Amanah?
"When honesty is lost, then wait for the Hour
(Doomsday)." (hadith)
"How will that be lost?" The Prophet said, "When the Honesty Responsibility
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? Amanah
- Why loss of amanah is related to the Doomsday?
Doomsday = chaos = disorder
Sincerity Trustworthiness

69 70

Aspects of Amanah

- To fulfill one‟s responsibility towards his Lord as well


Amanah
as to that of humans.
Vicegerancy
- To be honest and sincere in doing things.
Family
- To keep deposits properly and use them according to
the terms and conditions of the owner. Deposits
- Antonym: Khianah (betrayal) Secrets
Work/ public office
Wealth & abilities
71 72

18
1. The amanah of taklif: 2. The amanah of family
– To inhabit this world To fulfill our responsibilities towards our family members
– to be vicegerants of Allah and provide them with guidance and maintenance,
– to fulfill the purpose of our creation
– to implement His laws on this earth “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
ُٗ َِّٔ‫ع وَاٌْجِجَبيِ فَإَثََُِٓ ؤَْْ َذٍَِِّْٕهَب وَؤَ ِش َفمَْٓ ِِٕهَب وَدٍَََّهَب اإلِِٔغَبُْ إ‬
ِ ِ‫{إَِّٔب ػَ َشػَِٕب ا َألَِبَٔخَ ػًٍََ اٌغََّّبوَادِ وَاألَس‬
.)‫)} (عىسح األدضاة‬72( ً‫وَبَْ ظٍَُىِّب جَهُىال‬ about them. A woman is the guardian of her husband‟s
house and she will be asked about her responsibility…”
“We offered the trust unto the heavens and the (hadith)
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)

73 74

3. To return back deposits to their owners. 5. The amanah of work & public office:

.)‫)} (عىسح إٌغبء‬58( ..‫د إًٌَِ ؤَ ٍِِ٘هَب‬


ِ ‫ِْ اٌٍََّٗ َإُِْشُوُُِ ؤَْْ رُؤَدُّوا األََِبَٔب‬
َّ ‫{إ‬ The Prophet (saw) said: “Whomsoever we have
“Surely Allah commands you to render back trusts to given some post and he has concealed a needle or a
their owners.” (4: 58) thing smaller than that, then it will be a
misappropriated thing with which he will have to
appear on the Day of Judgment.” (hadith)
4. Keeping secrets:
maintaining secrecy and confidentiality of what is
required to be confidential is a trust. “When the administrator is given a job, he should
receive his due and should pay the dues of others,
“What is said in meetings and meant to be
then he is like a fighter in the cause of Allah till he
confidential is a trust” (hadith)
returns home.” (hadith)

75 76

19
6. The amanah of wealth & abilities:

ٍِِ‫"ال ذَصُولُ قَدَيَا عَثِدٍ يَىِوَ انْقِيَايَحِ حَرًَّ ُيعِإَلَ عٍَِ عًُُسِ ِ فِيًَا ؤَفَُْاُِ وَعٍَِ عِهًِِّْ فِيىَ فَعَمَ وَعٍَِ يَانِِّ ي‬
". ُِ‫ؤَيٍَِ اكْرَعَثَُّ وَفِيىَ ؤََِفَقَُّ وَعٍَِ ِجعًِِِّ فِيىَ ؤَتِال‬ WEEK 4
“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 The concept of Khayr/Birr
did he spend it? (righteousness) and Ithm/Sharr (vice).
- In what did he use his physical and mental
faculties?” (hadith)

77

The concept of Birr vs. Ithm …/… continued


 A virtue, from an Islamic perspective, can be
al-birr (‫ =)البر‬al-khayr (‫= )اخلري‬ defined as: a belief, act or saying that is useful
and beneficial to mankind and in compliance with
Virtue, righteousness, goodness, benevolence the divine law.
 Virtues, in Islam, can be classified under the
Al-‟ithm (‫ = )اإلثم‬al=Sharr (‫=)الشر‬ following categories:
vice, evil 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).

79 80

20
…/… continued …/… continued
3- All acts which are helpful and beneficial to  A vice (sin) is any belief, act or saying that is
oneself, his family, relatives, human beings and harmful to mankind and against the principles of
animals. divine law. Vices/sins can be classified under the
following categories:
 Birr towards oneself 1- Neglect of obligations and duties without legal
 Birr towards family and relatives
justification.
 Birr towards community members and humanity
2- Commission of prohibited acts and sayings.
 Birr towards other creatures
 Birr towards God the creator of this universe

81 82

…/… continued …/… 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  Ithm (sharr) towards oneself
harm or which is necessary to remove evil,  Ithm (sharr) towards family & relatives
tyranny or a greater harm).
 Ithm (sharr) towards community members &
4- Taking the property of someone without his
consent. humanity
."ٗ‫ دِٗ وِبٌٗ وػشػ‬:َ‫"وً ادلغٍُ ػًٍ ادلغٍُ دشا‬  Ithm (sharr) towards other creatures
“The blood, property and honour of a Muslim must  Ithm (sharr) towards God the creator of this
be sacred (forbidden) to every other Muslim.” universe
(hadith)

83 84

21
…/… Continued …/… Continued
 Allah's Messenger (saw) said:  And a good word is a charity;
“A charity is due on every joint of a person, every  Every step that you take towards Prayer is a
day the sun rises: charity;
 Removing of harmful things from the pathway is a
charity.” (hadith)
 Administering of justice between two men is a
Charity;
 Allah's Messenger (saw) said:
 And assisting a man to ride upon his beast
“Never does a Muslim plant trees or cultivate land
(vehicle); and birds or a man or a beast eat out of them but
 Helping him load his luggage upon it; that is a charity on his behalf.” (hadith)

85 86

…/… Continued …/… continued


‫زوي يعهى عٍ ؤيب ذز ؤٌ َاظا يٍ ؤصحاب انُيب صهً اهلل عهيّ وظهى قانىا نهُيب‬ ‫ػٓ ػجذ اهلل ثٓ ِغؼىد سػٍ اهلل ػٕٗ لبي وٕب ِغ سعىي اهلل طًٍ اهلل ػٍُٗ وعٍُ يف عفش وِشسٔب ثشجشح‬
‫فُهب فشخب محشح فإخزٔبمهب لبي فجبءد احلّشح إىل سعىي اهلل طًٍ اهلل ػٍُٗ وعٍُ وٍ٘ رظُخ فمبي إٌيب‬
‫صهً اهلل عهيّ وظهى مث يا زظىل اهلل ذْة ؤْم اندثىز تاألجىز يصهىٌ كًا َصهي‬
‫طًٍ اهلل ػٍُٗ وعٍُ ِٓ فجغ ٘زٖ ثفشخُهب لبي فمٍٕب حنٓ لبي فشدومهب‬
‫ويصىيىٌ كًا َصىو ويرصدقىٌ تفضىل ؤيىاهلى قال ؤو نيط قد جعم اهلل نكى يا‬
‫ذصدقىٌ! إٌ تكم ذعثيحح صدقح وكم ذكثريج صدقح وكم حتًيدج صدقح وكم هتهيهح‬ We were with the Messenger of Allah (peace be
‫صدقح وؤيس تاملعسوف صدقح وهني عٍ يُكس صدقح ويف تضع ؤحدكى صدقح قانىا يا‬ upon him) during a journey. He went to ease
ٌ‫زظىل اهلل ؤيإيت ؤحدَا شهىذّ ويكىٌ نّ فيها ؤجس قال ؤزؤيرى نى وضعها يف حساو ؤكا‬ himself. We saw a bird with her two young ones
" ‫عهيّ فيها وشز فكرنك إذا وضعها يف احلالل كاٌ نّ ؤجس‬ 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)

87 88

22
…/… continued …/… Continued
ِٗ ٌٍَّ‫{ٌَُِظَ اٌْجِشَّ ؤَْْ رُىٌَُّىا ُوجُى َ٘ىُُِ لِجًََ اٌَّْشِشِقِ وَاٌَّْغِشِةِ وٌََىَِّٓ اٌْجِشَّ َِِٓ آََِٓ ثِب‬
‫ػزثذ اِشؤح يف ٘شح عجٕزهب دىت ِبرذ فذخٍذ فُهب إٌبس ال ٍ٘ ؤطؼّزهب‬ ًَ‫وَاٌَُْ ِىَِ اِخِشِ وَاٌَّْالِئىَخِ وَاٌْىِزَبةِ وَإٌَّجُِّْنيَ وَآرًَ اٌَّْبيَ ػًٍََ دُجِّْٗ رَوٌِ اٌْمُشِث‬
‫وعمزهب إر دجغزهب وال ٍ٘ رشوزهب رإوً ِٓ خشبػ األسع‬ َ‫اٌشلَبةِ وََؤلَبََ اٌظَّالحَ وَآرًَ اٌضَّوَبح‬ّْ ٍِ‫وَاٌَُْزَبًَِ وَاٌَّْغَبوِنيَ وَاثَِٓ اٌغَّجًُِِ وَاٌغَّبئٍِِنيَ َوف‬
َ‫وَاٌُّْىفُىَْ ثِؼَهِذُِِِ٘ إِرَا ػَبَ٘ذُوا وَاٌظَّبثِشََِٓ فٍِ اٌْجَ ْإعَبءِ وَاٌؼَّشَّاءِ َودِنيَ اٌْجَإْطِ ؤُوٌَِئِه‬
Allah's Messenger (peace be upon him) .)‫)} (عىسح اٌجمشح‬177(َْ‫اٌَّزََِٓ طَ َذلُىا وَؤُوٌَِِئهَ ُُِ٘ اٌُّْزَّمُى‬
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)

89 90

…/… Continued …/… Continued


ٍَِّ‫ َيعِإَنُىَكَ عٍَِ انْإَِْهَّحِ قُمْ ِْيَ يَىَاقِيدُ نِهَُّاضِ وَانْحَجِّ وَنَِيطَ انْثِسُّ تِإٌَْ ذَإْذُىا انْثُيُىخَ يٍِِ ظُهُىزَِْا وَنَك‬
)189(ٌَ‫انْثِسَّ يٍَِ اذَّقًَ وَؤْذُىا انْثُيُىخَ يٍِِ ؤَتِىَاتِهَا وَاذَّقُىا انهََّّ نَعَهَّكُىِ ذُفْهِحُى‬
 “…It is no virtue if you enter your houses from the
 “It is not righteousness that you turn your faces back: it is virtue if you fear Allah. Enter houses
(in prayer) towards East or West…” (2:177) through the proper doors: and fear Allah: that you
may prosper.
1. Avoid superficial concepts and rituals, lifeless
formalities and non-effective beliefs.
Righteousness is not merely a matter of void  “but it is righteousness to believe in Allah and the
utterances. It must be founded on strong Iman
Last Day, and the Angeles and the Book, and the
Messengers …” (2: 177)
and constant practice.
2. One‟s iman (faith) should be true and sincere.

91 92

23
…/… continued …/… continued
 “… to spend of your wealth – in spite of your love for
 “… to be steadfast in prayer and practice regular
it – for your kin, for orphans, for the needy, for the
wayfarer, for those who ask, and for the ransom of charity;”
slaves…” (2: 177)
)‫)} (آل عمران‬92(‫{لَه تَنَالُوا البِر حَ تى تُنفِقُوا مِما تُ ِحبُّونَ َو َما تُنفِقُوا مِه شَيء فَإِن ّللاَ بِ ِه َعلِيم‬

4. To fulfil religious obligations


3. One must be prepared to show this iman (faith) in
deeds of charity and kindness to their relatives and
fellow man.  “…to fulfill the contracts which you have made;”

5. Respect other‟s rights and honour one‟s words

93 94

Al-„amru bi al-ma„ruf & al-nahyu „an


al-munkar
(enjoining good and forbidding evil)

 “… and to be firm and patient, in pain and


})110( ٌٍَِّٗ‫{وُِٕزُُِ خَُِشَ ؤَُِّخٍ ؤُخِشِجَذِ ٌٍَِّٕبطِ رَإُِْشُوَْ ثِبٌَّْؼِشُوفِ وَرَِٕهَىَِْ ػَِٓ إٌُّْىَشِ وَرُؤِ ُِٕىَْ ثِب‬
adversity, and throughout all periods of panic...” )ْ‫(عىسح آي ػّشا‬
(2: 177)
“You are the best of the nations raised up for (the
6. One must be patient and unshakable in all
benefit of) men; you enjoin what is right and forbid the
wrong and believe in Allah.” (3: 110)
circumstances.

95 96

24
Al-„amru bil ma„ruf
al-nahyu „an al-munkar
Al-„amr: to invite to, to encourage, to promote,
to spread, to command, to enforce.
Al-nahy: to discourage, to advise not to do
Al-ma„ruf: acceptable sth., to prevent, to prohibit
Al-Birr, al-Khayr, virtue, goodness
Al-munkar: disagreeable
Al-„amru bil ma„ruf evil, vice
Inviting people to do goodness al-nahyu „an al-munkar:
Spreading & promoting virtues
Enforcing goodness To discourage/ advise not to do
To prevent/ combat Evil/Indecency
Al-„amru bil ma„ruf = Da‟wah = advice

97 98

Means & ways of


Levels of Al-„amru bil ma„ruf & al-nahyu „an al-munkar
Al-„amru bil ma„ruf & al-nahyu „an al-munkar
Model = by being a model of Islamic
morals & values
Verbal = words, advice
Society Writing = newspaper, magazine, books,
Friends & novels, cartoons, etc.
relatives Media = all programmes that promote
Family virtues and goodness, and combat
evil and indecency.

99 100

25
Changing Munkar Whose duty is?

“He who amongst you sees something abominable Communal duty


should modify it with the help of his hand; and if he
ُُُ٘ َ‫{وٌَْزَىُِٓ ِِٕىُُِ ؤَُِّخٌ َذِػُىَْ إًٌَِ اٌْخَُِشِ وََإُِْشُوَْ ثِبٌَّْؼِشُوفِ وََِٕهَىَِْ ػَِٓ إٌُِّْىَشِ وَؤُوٌَئِه‬
has not strength enough to do it, then he should do it )ْ‫)} (آي ػّشا‬104(َْ‫اٌُّْ ْفٍِذُى‬
with his tongue, and if he has not strength enough to
“And there may spring from you a nation who invite
do it, even then he should abhor it from his heart, to goodness, and enjoin right conduct and forbid
and that is the least of faith.” (hadith) indecency. Such are the ones to attain felicity.” (3:
104)

Hisba = a task force for changing munkar,


combating corruption, ensuring justice

101 102

Individual duty َْ‫وَاٌُّْؤِ ُِٕىَْ وَاٌُّْؤِ َِٕبدُ ثَؼِؼُهُُِ ؤَوٌَُِِبءُ ثَؼِغٍ َإُِْشُوَْ ثِبٌَّْؼِشُوفِ وََِٕهَىَِْ ػَِٓ إٌُِّْىَشِ وََُمُُِّى‬
(71(ُُِْ‫اٌظٍَبحَ وََُؤِرُىَْ اٌضَّوَبحَ وََُطُِؼُىَْ اٌٍََّٗ وَسَعُىٌَُٗ ؤُوٌَئِهَ عََُشِدَُّهُُُ اٌٍَُّٗ إَِّْ اٌٍََّٗ ػَضَِضْ دَى‬
َّ
})110( ٌٍَِّٗ‫{وُِٕزُُِ خَُِشَ ؤَُِّخٍ ؤُخِشِجَذِ ٌٍَِّٕبطِ رَإُِْشُوَْ ثِبٌَّْؼِشُوفِ وَرَِٕهَىَِْ ػَِٓ إٌُّْىَشِ وَرُؤِ ُِٕىَْ ثِب‬ The Believers, men and women, are protectors, one
)ْ‫(عىسح آي ػّشا‬ of another: they enjoin what is just, and forbid what
“You are the best of the nations raised up for (the is evil: they observe regular prayers, practice regular
benefit of) men; you enjoin what is right and forbid charity, and obey Allah and His Messenger. On them
the wrong and believe in Allah.” (3: 110) will Allah pour His Mercy: for Allah is Exalted in
power, Wise. (9: 71)

103 104

26
The roles of
Al-„amru bil ma„ruf & al-nahyu „an al-munkar 2- To safeguard the society against
corruption & evil
1- A constant reminder for Muslims
To help each other to follow the guidance of Allah,
and keep on the right path. A way for:
)‫)} (اٌزاسَبد‬55(َ‫{وَرَوِّشِ فَئَِّْ اٌزِّوْشَي رَ ِٕفَغُ اٌُّْ ِؤ ِِٕني‬
- Social
“And continue to remind, for surely the reminder
benefits the believers.” (51: 55) - Moral change
})3(ِ‫ ) إِالَّ اٌَّزََِٓ ءَإَُِىا وَػٍَُِّىا اٌظَّبٌِذَبدِ وَرَىَاطَىِا ثِبٌْذَكّْ وَرَىَاطَىِا ثِبٌظَّجِش‬2( ٍ‫) إَِّْ اإلِِٔغَبَْ ٌَفٍِ خُغِش‬1( ِ‫{وَا ٌْؼَظِش‬
“I swear by the time, most surely man is in loss, save
- Political
those who believe and do good works, and exhort
one another to truth and exhort one another to
endurance.” (103: 1-3)

105 106

Why should we care about the society? 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
To protect our selves & families
part left the others do what they had suggested, all
the people of the ship would be destroyed, but if they
"The example of the people abiding by Allah's order prevented them, both parties would be safe.“(hadith)
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
People with good morality
the latter needed water, they had to go up to bring
water (and that troubled the others)…

Immoral people

107 108

27
3- To avoid Allah‟s punishment
"By no means, I swear by Allah, you must enjoin
.)‫)} (األٔفبي‬25(ِ‫{وَارَّمُىا فِزَِٕخً ال ُرظُِجََّٓ اٌَّزََِٓ ظٍََُّىا ِِٕىُُِ خَبطَّخً وَاػٍَُِّىا ؤََّْ اٌٍََّٗ شَذَِذُ اٌْؼِمَبة‬ 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
And guard yourselves against a punishment which
mingle your hearts together and curse you as He
cannot fall exclusively on those of you who are
cursed them.“(hadith)
wrongdoers, and know that Allah is severe in
punishment. (8: 25)

109 110

Abu Bakar said: 4- Salvation of mankind


You people recite this verse "You who believe, care
for yourselves; he who goes astray cannot harm you ‫)} (عىسح‬110( ٌٍَِّٗ‫{وُِٕزُُِ خَُِشَ ؤَُِّخٍ ؤُخِشِجَذِ ٌٍَِّٕبطِ رَإُِْشُوَْ ثِبٌَّْؼِشُوفِ وَرَِٕهَىَِْ ػَِٓ إٌُّْىَشِ وَرُؤِ ُِٕىَْ ثِب‬
when you are rightly-guided," (5: 10) and put it in its )ْ‫آي ػّشا‬
improper place. “You are the best of the nations raised up for the
I heard the Prophet (saw) saying: When people see benefit of mankind; you enjoin what is right and
a wrongdoer and do not prevent him, Allah will soon forbid the wrong and believe in Allah.” (3: 110)
punish them all.”

111 112

28
What should we do Is this concept against personal freedom?
if people are not listening?  Islam does allow interference in personal affairs of
others.
ُُِ‫وَإِرْ لَبٌَذِ ؤَُِّخٌ ِِٕهُُِ ٌَُِ رَؼِظُىَْ لَىِِّب اٌٍَُّٗ ُِهٍِِىُهُُِ ؤَوِ ُِؼَزِّثُهُُِ ػَزَاثّب شَذَِذّا لَبٌُىا َِؼِزِسَحً إًٌَِ سَثّْىُُِ وٌََؼٍََّه‬  What if “personal affairs” are violating the rights of:
)‫) (األػشاف‬164(َْ‫ََزَّمُى‬ Allah
Society
“… a group of them said: Why do you preach to Individuals?
a people whom Allah will destroy or visit with  Personal freedom is always limited
a terrible punishment?" The preachers said :
"To discharge our duty to our Lord, and
perchance they may fear Him." (7: 164)

113 114

 When you commit munkar alone, without violating ٌٍَُّٗ‫إَِّْ اٌَّزََِٓ َُذِجُّىَْ ؤَْْ رَشُِغَ اٌْفَبدِشَخُ فٍِ اٌَّزََِٓ إَُِٓىا ٌَهُُِ ػَزَاةْ ؤٌَُُِْ فٍِ اٌذَُُِّٔب وَاِخِشَحِ وَا‬
the rights of other your personal affairs )‫) (إٌىس‬19(َْ‫َ ِؼٍَُُ وَؤَِٔزُُِ ال رَ ِؼٍَُّى‬

 When you violate - No more personal affairs Those who like to see scandals and indecency
the rights of others - Injure their feeling broadcast/ spread among the believers, will have a
- Challenge their religious grievous penalty in this life and in the Hereafter.
Allah knows, and you do not know. (24: 19)
 Commit munkar/ & moral responsibility
indecency openly - Encourage people
to do evil

115 116

29
How it should be practiced?
 To avoid words-deeds inconsistency
 In an impressive & convincing manner
 In a wise way, so that it may not: )‫) (انصف‬3(ٌَ‫)كَثُسَ يَقْرّا عُِِدَ انهَِّّ ؤٌَْ ذَقُىنُىا يَا نَا ذَفْعَهُى‬2(ٌَ‫يَاؤَيُّهَا انَّرِيٍَ آَيَُُىا نِىَ ذَقُىنُىٌَ يَا نَا ذَفْعَهُى‬
- Make people feel offended
O ye who believe! Why say ye that which ye do not?
- Lead to a greater evil
Grievously odious is it in the sight of Allah that ye
ٍَُُ‫ادِعُ إًٌَِ عَجًُِِ سَثّْهَ ثِبٌْذِىَّْخِ وَاٌَّْىِػِظَخِ اٌْذَغََٕخِ وَجَبدٌِْهُُِ ثِبٌَّزٍِ ٍَِ٘ ؤَدِغَُٓ إَِّْ سَثَّهَ ُ٘ىَ ؤَ ِػ‬
)ً‫) (إٌذ‬125(ََِٓ‫ثَِِّٓ ػًََّ ػَِٓ عَجٍُِِِٗ وَُ٘ىَ ؤَ ِػٍَُُ ثِبٌُّْهِزَذ‬ say that which ye do not. (61: 2-3)
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)

117 118

Can one punish the offenders?

 preventing an offence or evil from taking place,


 stopping it, WEEK 5
 and punishing the offender.

FAMILY ETHICS

119
120

30
The Institution of Family in Islam
Meaning of Family Ethics
 Family is the basic unit of society, and therefore, Islam
lays great emphasis on the family system and its
ethical values. The basis of family is marriage through
It means: The relationship between two opposite a legal contract. Islam prescribes rules to regulate
genders, masculine and feminine, which is family life so that both the spouses can live in
tranquility, security and love.
institutionalized through the legitimate and ethical
contract of marriage.  Marriage in Islam has aspects of „ibadah (worship) of
Allah (God) in the sense that it is in accordance with
His commandments, where a husband and wife should
love and help each other and rear their children to
The family that is established through illegal way, become true vicegerents of Allah (God) on earth.
such as intimate relationship is not recognized by Unlike some other religions that consider celibacy a
great virtue and a means of salvation, Islam considers
Shari„ah (the Islamic Law), and therefore, its marriage to be one of the most virtuous and approved
institutions.
foundation is considered as unethical.
121 122
121 122

Family in Islam: Basic Principles


Cont….
 Family as a Divinely-inspired institution
 Faith and family:
 Family and marriage relationship permeated with
tranquility, love and mercy and has been  Faith constitutes the bedrock for the
described as signs of God‟s power and blessings: institution of the family… a Muslim is not
َِّْ‫﴿وَ ِ ِٓ آََبرِِٗ ؤَ ْْ َخٍَ َك ٌَىُُ ِّْ ِٓ ؤَٔفُغِىُ ُِ ؤَصِوَاجًب ٌِّزَغِىُُٕىا إٌَُِِهَب وَجَؼَ ًَ ثََُِٕىُُ َِّىَدَّحً وَسَدَِّخً إ‬ permitted to marry a non-Muslim.
)21 :َ‫د ٌِّمَىِ ٍَ َزَفَىَّشُوَْ﴾ (اٌشو‬ ٍ ‫ه ٌَأََب‬َ ٌَِ‫فٍِ ر‬
 Inheritance is not allowed when both parties
"And among His signs is that He has created for
you spouses from among yourselves so that you do not share the same faith.
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.”
123 124
123 124

31
Measures to Avoid Intimate Relationship
Cont… Outside the Bond of Marriage
 Family institution as „a social contract‟
(nikāh means „aqd – contract,‟ and not
„a divine contract‟ …in the Qur`ān 1. Prohibition of looking with desire at the
marriage is referred to „‫”ميثاقا غليظا‬ opposite gender.
(strong covenant) 2. People should be dressed properly.
3. Prohibition of excessive beautification
 The only legitimate way to establish
4. Prohibition of khalwah
family is through a proper marriage.
5. Prohibition of boyfriends, girlfriends
 Equality of the sexes

125 126
125 126

1- Prohibition of looking with desire at the


opposite gender 2- People should be dressed properly

What is a proper dress?


*...ُُِ‫ذفَظُىا فُشُوجَه‬ِ ََ‫﴿لًُْ ٌٍُِّْ ِؤ ِِٕنيَ َغُؼُّىا ِِٓ ؤَثِظَبسُِِِ٘ و‬ a) It must cover the „awrah properly. It is
﴾...َُّٓ‫ذفَظَْٓ فُشُوجَه‬
ِ ََ‫َولًُْ ٌٍُِّْ ِؤ َِٕبدِ َغِؼُؼَِٓ ِِٓ ؤَثِظَبسَِِّ٘ٓ و‬ prohibited for a Muslim to expose his / her „awrah
to others, as it is prohibited to look at the „awrah
)31-30 :‫(إٌىس‬ of someone.
“Say to the believing men that they lower their
looks and guard their private parts; …* And say “A man should not look at the „awrah of another
to the believing women that they lower their looks man, nor a woman of a woman, nor should a man
and guard their private parts…” (24: 30-31). go under one cloth with another man, nor a
woman with another woman.” (Hadith)
127 128
127

32
Cont…
Cont…

The limits of „awrah: - Other parts from the knees to the beginning of
the upper part of the chest are „awrah and
- For a man: from his naval to his knee. should not be exposed before anyone, man
- For a woman: or woman except her husband.
with respect to a man who is not her - Headscarf must cover the bosom
mahram is her entire body except her
face and hands.
ًٍََ‫﴿وَال َُجِذََِٓ صََِٕزَهَُّٓ إِالَّ َِب ظَهَشَ ِِٕهَب َوٌَُْؼِ ِشثَِٓ ثِخُُّشَِِّ٘ٓ ػ‬
with respect to a man who is her )31 :‫﴾ (إٌىس‬... َُّٓ‫جُُُىثِهَِّٓ وَال َُجِذََِٓ صََِٕزَه‬
mahram (except the husband) does not “… and do not display their ornaments except
include the following parts: hair, ears, what appears thereof, and let them wear
neck, upper part of the chest, arms and their head-coverings over their bosoms,
legs up to knees. and not display their ornaments…” (24: 31)

129 130

Cont… Cont…
b) It must not be transparent, revealing what is
…their hair styled like the humps of camels inclined
underneath it. In one hadith the Prophet (saw) says:
to one side. They will not enter Paradise and they
“Two are the types of the dwellers of Hell whom I did would not smell its odour whereas its odour would
not see: people having flogs like the tails of the ox be smelt from such and such distance.” (Hadith)
with them and they would be beating people, and the
women who would be dressed but appear to be c) It must be loose and not tight-fitting so as to
naked, who would be inclined (to evil) and make define the parts of his / her body.
people incline towards it… This type of clothes falls under the previous Hadith
“dressed but yet naked”.

131 132
131 132

33
Cont… Cont…
Tight jeans and other types of trousers worn with e) It should not be specifically designed for non-
sweaters, sweat-shirts or T-shirts are considered Muslims (as required by their religion, tradition, or
un-Islamic and it is prohibited for a Muslim woman culture). It does not apply to those clothes which
to wear them outside even during free time. are common among people and don‟t carry any
religious or cultural specifications.
d) It should not be specifically designed for the The Prophet (saw) said: “Whoever imitates a
opposite gender. people is one of them.” (Hadith)
The Prophet (saw) cursed women who try to
resemble men and men who try to resemble f) Men should not use gold and pure silk.
women, and prohibited women from wearing men‟s
clothes and vice versa.

133 134
133 134

3- Prohibition of excessive beautification 4- Prohibition of Khalwah


 Excessive beautification is that which is used to
Khalwah means: a man and a woman who are
tease people and excite them – makeup, strong
outside the degree of mahram being alone together
perfume, and sexy clothes. in a place in which there is no fear of intrusion by
anyone else.
)31 :‫﴿وَال َؼِ ِشثَِٓ ِثإَسِجٍُِهَِّٓ ٌُِؼٍََُِ َِب َُخِفِنيَ ِِٓ صََِٕزِهَِّٓ﴾ (انُىز‬ The term “mahram” denotes a relationship either by
close blood ties or by marriage of such degree that
“…and let them not strike their feet so that marriage is permanently prohibited.
what they hide of their ornaments may be A mahram is: husband, any male relative with whom
known …” (24: 31) marriage is permanently prohibited (father, father
in-law, grandfather, son, brother, uncle or nephew).
“Any woman who puts perfume and passes
by people to smell her odour is sinful (like
one who committed adultery)”. (Hadith)
135 136
135 136

34
Cont… 5- Prohibition of boyfriends, girlfriends

- It is against the prohibition of looking with desire at


“Whoever believes in Allah and the Last Day must
the opposite sex
never be in privacy with a woman without there
- It entails privacy (khalwah)
being a mahram (of hers) with her, for otherwise
Satan will be the third person with them” (Hadith) - This practice is automatically accompanied by
having romance or even sex.

“Beware of entering where women are”. A man from


The alternative for boy / girl-friend
the Ansar asked: “O Messenger of Allah, what
- Khitbah (promise/ informal engagement)
about the in-law?” He replied: “The in-law is
- Marriage contract (formal engagement)
death.” (Hadith)
- Consummation of marriage (wedding ceremony)

137 138
137 138

Marriage Cont…
 Criteria of selecting spouses 2- Compatibility:
compatibility in respect of age, lifestyle, character,
1- Religion and good character:
way of thinking, social and economic status, and
“One may choose a woman as a wife for the education should be the second criterion for
following reasons or for some of them: her wealth, selecting a spouse.
her family status, her beauty, and her religion. So
you should marry the religious woman otherwise
you will be a loser.” (Hadith) 3- Realism and moderation in expectations
“When someone with whose religion and character Both spouses do not have to expect from one
you are satisfied asks for your daughter in another what they are not able to do. Rather, they
marriage, accede to his request. If you do not do have to be realistic and moderate towards each
so there will be corruption and great evil on the other.
earth.” (Hadith)
139 140
139 140

35
Cont…
Foundations of marriage contract
2- Mutual consent: any decision of marriage
1- It must be permanent as humanly as should be based on mutual consent of both
possible: sides, husband and wife.
“Do not divorce women only for genuine “A woman who has been previously married (a
reasons, for Allah does not like those who are divorced woman) has more rights concerning
„tasters‟ who enjoy one partner for a while her person than her guardian, and a virgin
then shift to another, and so on.” (Hadith) woman must be consulted about herself, her
consent being her silence.” (Hadith)

141 142
141 142

Cont… Cont…
“A man during the lifetime of the Prophet (saw) 3- Reasonable dowry:
married his daughter, without her consent, to his “The most blessed wives are those whose dowry is
nephew only for the sake of improving his social affordable.” (Hadith)
status. When she complained to the Prophet (saw)
about that, the Prophet (saw) gave her the choice 4- Equal rights and obligations
between endorsing and rejecting her father‟s ْ‫﴿وٌََهَُّٓ ِِضًُْ اٌَّزٌِ ػٍََ ُِهَِّٓ ثِبٌَّْ ِؼشُوفِ وٌٍَِشّْجَبيِ ػٍََ ُِهَِّٓ دَسَجَخٌ وَاٌٍَُّٗ َػضَِض‬
decision. Then she said: „I endorse what my father )228 :‫دَىُُِْ﴾ (اٌجمشح‬
had done, but I want women to know that fathers
“They have rights similar to those against them
have no right to force their daughters to marry
(rights of husband) in a just manner, and the men
without their consent‟.” (Hadith) are a degree above them (external authority in the
household), and Allah is Mighty, Wise.” (2: 228)

143 144
143 144

36
 Mutual rights and obligations Cont…

1. To help each other to follow the right 2. To be kind, understanding, forgiving, and
way and practice Islam and safeguard treat the other side in a tender and loving
him / her against evil and sins. manner.
ُُِ‫خَ ُِ ُشوُُِ خَ ُِ ُشو‬: :ٍَََُّ‫ لَبيَ سَعُىيُ اٌٍَِّٗ طًٍََّ اٌٍَّٗ ػٍََُِِٗ وَع‬:ِ‫ػَِٓ ػَبئِشَخَ لَبٌَذ‬
ٌ‫ذجَب َسحُ ػَ ٍَُِهَب َِالِئىَخ‬
ِ ٌْ‫غ ُىُِ وَؤٍَُِِ٘ ُىُِ َٔبسّا وَلُىدَُ٘ب إٌَّبطُ وَا‬
َ ُ‫﴿ََب ؤََُّهَب َّاٌزََِٓ إَُِٓىا لُىا ؤَٔف‬
)6 :‫غِالظٌ ِشذَادْ ال َؼِظُىَْ اٌٍََّٗ َِب ؤََِشَ ُُِ٘ وََفْؼٍَُىَْ َِب َُؤَِِشُوَْ﴾ (اٌزذشمي‬ .)‫ وزبة إٌىبح‬:ٌ‫ألٍَِِِ٘ٗ وَؤََٔب خَ ُِ ُشوُُِ ألٍٍَِِ٘" (عٕٓ اٌزشِز‬
“O you who believe! save yourselves and “The best of you are those who are the best
your families from a fire whose fuel is to their families, and I am the best to my
people and stones, over which are set family.” (Hadith)
angels strong, severe, who do not disobey
the commands they receive from Allah, but 3. To meet the psychological and physical
do what they are commanded.” (66: 6) needs of the other side.
145 146
145 146

Cont…
Duties towards children
4. Focus on positive aspects and appreciate
them. Avoid focusing on negative ones and 1- Selection of good parents
try to tolerate them.
2- Right to legitimacy: legitimate father and mother,
“A believer should not hate his wife merely because prohibition of legal adoption: the right of the child to
she has some negative points. If he finds some retain his original family‟s name and to know his real
disagreeable things in her character, he will appreciate parents.
a lot of her good morals.” (Hadith)
3- Right to life (prohibition of infanticide, abortion)
5. Every side has to avoid any extramarital 4- Right to equal life chances (no discrimination
between male and female)
intimate relationship, or such relations that may
cast suspicion on his/her behaviour. 5- Right to general care: material, spiritual, and
educational / intellectual.
147 148
147 148

37
LEGAL ETHICS

Legal ethics are the principles of conduct that


members of the profession are expected to observe
WEEK 6 in the practice of law. Legal ethics is reflected in the
following professions:

- Judges
ISLAMIC VALUES RELATED - Public prosecutors
TO - Lawyers

DIFFERENT PROFESSIONS

150
149 150

JUDGES Cont…

Who is the judge?


Who can be qualified as a judge?
A Judge is a public officer chosen or elected to
- A judge must be a conscientious person who
preside over (governe or control) and to administer
the law in a court of justice; one who controls the is self-determined to serve justice and protect
proceedings in a courtroom and decides questions of the rights of people.
law or discretion. One who makes a decision or
- A knowledgeable person who has acquired
reaches a conclusion after examining all the factual
evidence presented, or one who forms an opinion all the requisites of being a judge.
after evaluating the facts and applying the law.

151 152
151 152

38
Cont… Ethics and Values of a Judge
‫ َسجًٌُ لَؼًَ ثِغَُِشِ اٌْذَكّْ فَؼٍََُِ رَا َن‬.ِ‫ لَبػَُِبِْ فٍِ إٌَّبسِ َولَبعٍ فٍِ اٌْجََّٕخ‬:ٌ‫اٌْمُؼَبحُ صَالصَخ‬
ّْ‫ َولَبعٍ لَؼًَ ثِبٌْذَك‬،ِ‫ َولَبعٍ ال َؼٍَُُِ فَإَِ٘ ٍَهَ دُمُىقَ إٌَّبطِ فَهُىَ فٍِ إٌَّبس‬،ِ‫فَزَانَ فٍِ إٌَّبس‬ 1- To judge with justice
.)َ‫ وزبة األدىب‬:ٌ‫ (اٌزشِز‬."ِ‫فَزٌَِهَ فٍِ اٌْجََّٕخ‬ What is a just decision?
“Judges are of three categories: two of them in
the Hell and one in Paradise. The first is one who, a- To do one‟s best to reach a just decision
“When a judge gives a decision, having tried his best
knowingly, judges with injustice, that is in the Hell to decide correctly and is right, there are two
Fire. The second is one who is ignorant and rewards for him; and if he gave a judgment after
having tried his best (to arrive at a correct decision)
judges among people without knowledge, thus he but erred, there is one reward for him.”
violates their rights. He is also in the Hell fire. The
third is one who judges with justice. He will be in
Paradise.” (Hadith)

153 154
153 154

Cont…
2- To administer justice without fear or favour
b- To base the decision on the evidence available a) Without fear:
“You bring to me, for judgment, your disputes and -To be a person of principles
some of you may be more eloquent in their plea - To be independent to avoid all types of
than others, so I give judgment on their behalf pressure
according to what I hear from them. Bear in mind - To be ready to reverse his wrong decisions
that if I slice off anything for him (in my judgment)
from the right of his brother, he should not accept b) Without favour:
that, for I sliced off for him a portion from the Hell.” - Should not sit in a case in which:
- he has personal interest
c- Self satisfaction that this is the right decision - close relatives involved
- Neutral = not influenced by personal enmity
155 156
155 156

39
Cont… PUBLIC PROSECUTOR
- Fair & equal hearing
“When you sit to judge between two litigants, don‟t
make a decision only after an equal hearing from Who is a public prosecutor?
both sides.”
- Avoid accepting gifts / bribes A Public Prosecutor is a government official
“Allah cursed the briber and the bribed in making who conducts criminal prosecutions on behalf of the
judgments.” state. A prosecutor takes charge of the investigation once
- Should not make a decision when his mind is a crime has been committed, presents evidence at a
confused with anything that may prevent him from hearing before a grand jury, and questions witnesses
sound thinking. during the trial.
- Patience; not to misuse his power against litigants or
lawyers. A public prosecutor has:
- To try to get the parties to reconcile whenever there - To balance between protecting the rights of the
is a chance for that. society & the rights of the accused.
157 158
157 158

Cont… LAWYERS
- To punish people according to the offence committed. Who is a lawyer?
- To avoid selective prosecution motivated by personal /
political affairs
A Lawyer is one whose profession is to give legal
advice and assistance to clients and represent them
- To avoid fabricating evidence or accusations
in court or in other legal matters. Hence, he is a
- To avoid suppressing pieces of material evidence person, who through a regular program of study, is
- Not to prosecute in cases where they have personal learned in legal matters and has been licensed to
affairs, or close relatives involved. practice his or her profession. Any qualified person
- To avoid bribes who prosecutes or defends causes in courts of
record or other judicial tribunals of the state (s), or
who renders legal advice or assistance in relation to
any cause or matter.
159 160
159 160

40
Cont… Cont…
a- The idea of advocacy 1- Lawyer‟s duty toward justice & society:
- Lack of legal skills to defend their rights To secure justice between people:
- Complicated laws and procedures i. Not to engage himself in tactics that may
defeat the fair administration of justice
b- Advocacy aims at:
ii. Not to hide the truth
- Helping people to get/ defend their rights
iii. Not to fabricate evidence
- Helping the accused to get a fair trial
iv. Not to cross-examine an adverse witness in
- Helping judges to examine cases and reach such a way to undermine or destroy his true
just decisions testimony
c- Duties of lawyers: v. Not to invoke the rules of evidence to
1- Toward justice & society exclude points that would weigh against his
2- Towards clients case which he knows they are true
161 162
161 162

Cont… The Policy of a Muslim Lawyer in


Taking Cases of Court
2- Duties toward clients:
- To fulfil contracts & promises
- To be honest & sincere in defending them
ِٓ ُ‫﴿إَِّٔب ؤَِٔضٌََْٕب إٌَِ ُِهَ اٌْىِزَبةَ ثِبٌْذَكّْ ٌِزَذِىَُُ ثََُِٓ إٌَّبطِ ثَِّب ؤَسَانَ اٌٍَُّٗ وَال رَى‬
- To be honest in advising them
َِٓ‫ٌٍِْخَبئِِٕنيَ خَظُِّّب * وَاعِزَغِفِشِ اٌٍََّٗ إَِّْ اٌٍََّٗ وَبَْ غَفُىسّا سَدُِّّب * وَال رُجَبدِيْ ػ‬
- To defend them to the best of his abilities
َِٓ َْ‫غهُُِ إَِّْ اٌٍََّٗ ال َُذِتُّ َِِٓ وَبَْ خَىَّأّب ؤَصُِّّب * َغِزَخِفُى‬ َ ُ‫اٌَّزََِٓ َخِزَبُٔىَْ ؤَِٔف‬
- No right to drop/ waive any right of his client
without permission ِ‫إٌَّبطِ وَال َغِزَخِفُىَْ َِٓ اٌٍَِّٗ وَُ٘ىَ َِ َؼهُُِ ِإرْ َُجَُّْزُىَْ َِب ال َشِػًَ َِٓ اٌْمَىِي‬
- No admission of guilt on behalf of his client
‫َووَبَْ اٌٍَُّٗ ثَِّب َؼٍَُِّىَْ ُِذُِطًب * َ٘ب ؤَِٔزُُِ َ٘ؤُالءِ جَبدٌَْزُُِ ػَ ِٕهُُِ فٍِ اٌْذََُبحِ اٌذَُُِّٔب‬
without authorization :‫فََِّٓ َُجَبدِيُ اٌٍََّٗ ػَ ِٕهُُِ َ ِىََ اٌْمَُِبَِخِ َؤَِ َِِٓ َىُىُْ ػٍََ ُِهُِِ َووُِالً﴾ (إٌغبء‬
- No disclosure of confidential communications )109-105
- To be lenient and helpful towards poor clients
163 164
163 164

41
Cont… Cont…
“We have revealed the Book to you with the Allah ever surrounds what they do. These are the
truth that you may judge between people by sort of men on whose behalf you may contend in this
means of that which Allah has taught you; and world; but who will contend with Allah on their behalf
be not an advocate on behalf of those who on the Day of Judgment, or who will then be their
betray their trust (treacherous). And seek defender?” (4: 105-109).
forgiveness of Allah. Surely, Allah is ever
Forgiving, Merciful. And do not plead on behalf
of those who deceive themselves; surely Allah - Unlawful to attempt to conceal the truth
does not love him who is treacherous, sinful. - Unlawful to argue for the innocence of someone who
They seek to hide their crimes from men but is clearly guilty
they cannot hide them from Allah. He is with
them when by night they hold discourse
displeasing to Him.
165 166
165 166

Business Ethics

WEEK 7
- Who is better: a rich Muslim or a poor Muslim?
- What are the limits of using wealth in Islam?
BUSINESS ETHICS - What about Zuhd and Qana„a (austerity and
contentment)?

168
167 168

42
Cont…
Wealth in Islam

- All things created by Allah are for the us to enjoy


- Islam encourages people to acquire wealth and live a
them but in a reasonable way
prosperous life

.)60 :‫﴿وٍُُىا وَاشِشَثُىا ِِٓ سِصِقِ اٌٍَِّٗ وَال رَؼِضَىِا فٍِ األَسِعِ ُِفْغِذََِٓ﴾ (اٌجمشح‬
ّّ‫﴿ََب ؤََُّهَب إٌَّبطُ وٍُُىا َِِّّب فٍِ األَسِعِ دَالالً طَُّْجّب وَال رَزَّجِؼُىا خُطُىَادِ اٌشَُِّطَبِْ إَُِّٔٗ ٌَىُُِ ػَذُو‬
)168 :‫ُِجِنيْ﴾ (اٌجمشح‬ “Eat and drink of the sustenance provided by Allah,
and do no evil nor mischief on the earth.” (2: 60)
“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)

169 170
169 170

Cont… Cont…
The way of enjoying wealth: َ‫﴿وَاثِزَغِ فَُِّب آرَبنَ اٌٍَُّٗ اٌذَّاسَ اِخِشَحَ وَال رَٕظَ َٔظَُِجهَ ِِٓ اٌذَُُِّٔب وَؤَدِغِِٓ وََّب َؤدِغََٓ اٌٍَُّٗ إٌَُِِه‬
.)77 :‫وَال رَجِغِ اٌْفَغَبدَ فٍِ األَسِعِ إَِّْ اٌٍََّٗ ال َُذِتُّ اٌُّْفْغِذََِٓ﴾ (اٌمظض‬
ُّ‫﴿ََب ثٍَِٕ آ َدََ خُزُوا صَََِٕزىُُِ ػِِٕذَ وًُِّ َِغِجِذٍ وَوٍُُىا وَاشِشَثُىا وَال رُغِ ِشفُىا إَُِّٔٗ ال َُذِت‬ “But seek, with the (wealth) which Allah has bestowed on
thee, the Home of the Hereafter, nor forget thy portion in
)31 :‫اٌُّْغِ ِشفِنيَ﴾ (األػشاف‬ this world: but do thou good, as Allah has been good to
“O children of Adam! Look to your adornment at every thee, and seek not (occasions for) mischief in the land:
for Allah loves not those who do mischief.” (27: 77)
place of worship, and eat and drink and be not
extravagant; surely He does not love the extravagant.” - Don‟t be extravagant
(7: 31) - 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

171 172
171 172

43
Zuhd (austerity/ asceticism) Cont…

- Begging in Islam is prohibited


- Zuhd is an Islamic value
- Zuhd  poverty “The upper hand is better than the lower one”
- A rich person may be a zahid, while a poor person
may not be zahid
Qana‟a (contentment) is another basic
A Zahid is one who puts his wealth in Islamic value, which means to be happy and satisfied
his hand as a means to achieve with what you have after doing your best to get the
ideals, ultimate goals, and supportive best result. Not to look at things which are not yours.
principles in this world as well as to
prepare himself for the Hereafter.

173 174
173 174

The Principle of Halal vs. Haram Ways Cont…


of Earning and Spending
‫﴿َِِٓ وَبَْ َُشَِذُ اٌْؼَبجٍَِخَ ػَجٍََّْٕب ٌَُٗ فُِهَب َِب َٔشَبءُ ٌَِِّٓ ُٔشَِذُ صَُُّ جَؼٍََْٕب ٌَُٗ جَهَََُّٕ َظٍَِبَ٘ب‬
Basic facts: ُُِ‫َِزُِْىِّب َِ ِذدُىسّا * وََِِٓ ؤَسَادَ اٌْأخِشَحَ َوعَؼًَ ٌَهَب عَؼَُِهَب وَُ٘ىَ ُِؤِ ِْٓ فَإُوٌَِِئهَ وَبَْ عَؼُِه‬
- People will not be questioned on the Day of )19-18 :‫شىُىسّا﴾ (اإلعشاء‬ ِ َِ
Judgment on the amount of wealth they Whoever desires this life, We readily grant them such
accumulated. Rather, they will be questioned how
they got it and how they used it. 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
- Although provision (rizk) is granted by Allah to people desires the hereafter and he strives for it all due
based on their work, it is not an automatic result of
men‟s work. It is given by the will of Allah and every striving, being a believer, they are the ones whose
one has a limit. striving is acceptable to Allah. (Al-Isra‟: 18-19)

175 176
175 176

44
Cont… Cont…
Points to ponder! Why some things are haram?
Following haram way will never give you, as some
people may think, an additional portion of wealth. َ‫َشَُ ػٍََُِهُُِ اٌْخَجَبئِش‬
ّْ ‫﴿َإُِْشُُُِ٘ ثِبٌَّْؼِشُوفِ وََِٕهَبُُِ٘ ػَِٓ اٌُّْ ِٕىَشِ وََُذًُِّ ٌَهُُُ اٌطَُّّْجَبدِ وََُذ‬
And following halal way will not cause you any loss )157 :‫وََؼَغُ ػَِٕهُُِ إِطِشَُُِ٘ وَاٌْإَغٍَْبيَ اٌَّزٍِ وَبَٔذِ ػٍََُِهُِِ﴾ (األػشاف‬
of your portion of rizk. “…He commands them what is good and forbids them
what is evil; he allows them as lawful what is good
- The principle of halal and haram applies as much to and prohibits them from what is bad; he releases
the spending of wealth as it does to its acquisition. them from their heavy burdens…” (7: 157)

177 178
177 178

Cont…
Benefits of Halal vs. Evils of Haram
- Bad
Individual harm physical
- Harmful
Social harm spiritual
 Halal work and the  Haram earnings and
earnings emanated there- spending will
definitively from are a kind of „ibadah for
- Conducive to harm which a Muslim will be rewarded with a
rewarded on the Day of Punishment on the
most likely Judgment. Day of Judgement

179 180
179 180

45
Cont… Cont…

 Whatever is spent out of  Sadaqah will not be “If a person earns property through haram means
halal earnings is accepted by Allah and then gives charity, it will not be accepted (by
considered as sadaqah Allah); if he spends it, there will be no blessing on it;
(charity) even what is
and if he leaves it behind (at his death), it will be his
spent on one‟s family
provision in the Fire. Indeed, Allah (s.w.t.) does not
eliminate one bad deed by another bad deed, but
He cancels out a bad deed by a good deed. An
“If anyone earns wealth through haram means
unclean thing does not wipe away another unclean
and then gives charity from it, there is no
thing.”
regard for him and the burden of sin remains”

181 182
181 182

Cont… Cont…
 Halal earnings will be  Blessing will be lifted
= He then mentioned a person who travels widely,
blessed by Allah (swt) from it his hair dishevelled and covered with dust. He lifts
 Rejection of du‟a ‫دػبء‬ his hands towards the sky and, thus, makes the
du„a : „O Lord, 0 Lord,‟ whereas his food is
Allah's Messenger (saw) said: “0 people, Allah is unlawful, his drink is unlawful, and his clothes are
Good and He, therefore, accepts only that which unlawful and his nourishment is unlawful. How
is good. And Allah commanded the believers as can then his du„a be accepted?” (Hadith)
He commanded the Messengers by saying: „O  Halal earnings will bring  Its possessor will
Messengers, eat of the good things, and do to its possessor peace have always a guilty
good deeds; verily I am aware of what you do‟ of mind and help him to conscience
(23:51). And He said: „0 those who believe, eat have a clear conscience
183
of the good things that We gave you‟ (2:172)‟…= 184
183 184

46
1- Protecting the rights of parties
Aims of Business Ethics in Islam involved in the contract
a) Mutual consent / agreement
1- Protecting the rights of the parties b) To fulfill terms and conditions
involved in the contract
)1 :‫﴾ (املائدج‬...ِ‫﴿ََب ؤََُّهَب اٌَّزََِٓ إَُِٓىاْ ؤَ ِوفُىاْ ثِبٌْؼُمُىد‬
2- Protecting consumer rights
“O you who believe! Fulfil your contracts and
3- Creating fair competition obligations” (5: 1)
4- Protecting the rights of workers
5- Protecting public interest/ funds “Muslims are bound by all the conditions they
have agreed upon, unless a contract or
6- Leniency/ helping others conditions is against the principles of Islam in the
way of making something haram as halal or vice
versa.”
185 186
185 186

2- Protecting Consumer Rights Cont…

a) To avoid deception & fraud - To avoid selling defective commodities without


“The Messenger of Allah (saw) once passed by informing the buyer about defects contained in
a stock of grain. He touched it and felt moisture it.
inside the stock. He asked the seller what it was. “A Muslim is a brother of his fellow Muslim. It is
The merchant said: „O Prophet of Allah it was not lawful for a Muslim to sell such a
affected by rain.‟ The Prophet (saw) said: „Then commodity that has a defect, except that the
why you did not place the wet wheat over the defect is shown to the buyer.”
rest of the stock, so people could see it for
themselves. Any one practicing deception
has no relationship with me‟.” (Hadith) - To avoid false and misleading advertisement

187 188
187 188

47
Cont… Cont…
b) To avoid hoarding essential commodities
(ihtikar)
- To give accurate weight and measurement
Hoarding means to collect and keep large amounts
of food without offering it in the market in order to
The description of the weigh or measurement
create artificial scarcity to increase the price
should match the reality
dramatically.
﴾ُُِِ‫﴿ؤَ ِوفُىا اٌْىًََُِ وَال َرىُىُٔىا َِٓ اٌُّْخِغِشََِٓ * وَصُِٔىا ثِبٌْمِغِطَبطِ اٌُّْغِزَم‬ This is usually practised in the periods of crises.
)182-181 :‫(اٌشؼشاء‬
Hoarding is a kind of business exploitation of
“Give full measure, and be not of those who give consumers. Thus, it is strictly prohibited by Islam.
less than the due. And weigh with the true
balance”. (26: 181-182) The Prophet (saw) said: “One who hoards things for
increasing their prices for Muslims is a wrong
doer.” (Hadith)
189 190
189 190

Cont… 3- Fair Competition


c) Prohibition of outbidding
a) To avoid misleading advertisement
To offer more money than somebody else in
order to unreasonably increase the price without b) Avoid giving bribes
being a potential buyer ٍِ‫ػَِٓ ؤَثٍِ ُ٘شََِشَحَ لَبيَ ٌَؼََٓ َسعُىيُ اٌٍَِّٗ طًٍََّ اٌٍَّهُ ػٍََُِِٗ َوعٍَََُّ اٌشَّا ِشٍَ وَاٌُّْشِرَشٍَِ ف‬
d) The practice of “middleman” may be prevented to .)َ‫ وزبة األدىب‬:ٌ‫ذىُِْ (اٌزشِز‬ ُ ٌْ‫ا‬
protect the rights of consumers “Allah cursed the briber and the bribed in making
judgments.”
- Dwellers of towns may be prevented from
selling the merchandises of farmers/ villagers
ِِٓ ‫﴿وَال رَإْوٍُُىا ؤَِِىَاٌَىُُِ ثََُِٕىُُِ ثِبٌْجَبطًِِ وَرُذٌُِىا ثِهَب إًٌَِ اٌْذُىَّبَِ ٌِزَإْوٍُُىا فَشَِمًب‬
- Farmers may be allowed to sell there goods .)188 :‫ؤَِِىَايِ إٌَّبطِ ثِبإلِصُِْ وَؤَِٔزُُِ رَؼٍَُِّىَْ﴾ (اٌجمشح‬
directly if it is necessary And do not eat up your property among yourselves
The Messenger of Allah forbade the selling of by false means, neither seek to gain access thereby
things by a town dweller on behalf of a to the judges, so that you may eat up a part of the
countryside dweller (farmer); and similarly property of others wrongfully. (2: 188)
191 Najash was forbidden. 192
191 192

48
Cont… Cont…
= into a transaction when his brother had already
- To get advantage / Privilege
entered into but not finalized, and he should not
- Escape due punishment
make proposal of marriage upon the proposal
- Take the rights of others already made by his brother, until he permits it.
(Muslim)
c) To balance between competitiveness and co-
operation
“… and a woman should not ask the divorce of
her sister in order to deprive her of what
d) To avoid entering in a transaction another person belongs to her.” (Muslim)
has already entered into
Ibn Umar reported Allah's Messenger (saws) as
having said: A person should not enter..=

193 194
193 194

4- Protecting the Rights of Workers 5- Protecting Public Interest / Funds


- Wages and the specification of the work must
be clarified and agreed upon before starting
the work. a) Fair recruitment practices
- Wages are to be determined by mutual To avoid discrimination, nepotism, and cronyism
consent.
- A worker is entitled to a fair and just wage for An office or a post is a divine trust and,
his work. therefore, it should be offered only to the
deserving persons. Responsibility should be
- The employee must perform his duties given only to the person who is able to shoulder
efficiently and honestly and the employer must it and who has the capability to do justice to the
pay him his full wages. trust placed in him.
- Wages should be paid without any delay
.)َ‫ وزبة األدىب‬:‫"ؤَػِطُىا ا َأل ِجريَ َؤجِشَُٖ لَجًَِ ؤَْْ َجِفَّ ػَ َشلُُٗ" (اثٓ ِبجخ‬
“Give the laborer his wage before his
perspiration be dry.” (Ibn Majah)
195 196
195 196

49
Cont… Cont…
The Prophet (saw) said: “whoever has appointed C- To avoid haram transactions
an administrator through nepotism while there
was one who was more suitable to this position i. Riba
than that person, then he has committed ٌَُِ ِْْ‫﴿ََب ؤََُّهَب اٌَّزََِٓ ءَإَُِىا ارَّمُىا اٌٍََّٗ وَرَسُوا َِب ثَ ِمٍَ َِٓ اٌشّْثَب إِْْ وُِٕزُُِ ُِؤِ ِِٕنيَ * فَئ‬
misappropriation against Allah and His َْ‫رَفْؼٍَُىا فَإْرَُٔىا ثِذَ ِشةٍ َِٓ اٌٍَِّٗ وَ َسعُىٌِِٗ وَإِْْ رُجِزُُِ فَ ٍَىُُِ سُءُوطُ ؤَِِىَاٌِىُُِ ٌَب رَظٍُِّْى‬
Messenger and all the Muslims.” (Hadith) .)279-278 :‫وٌََب رُظٍَُّْىَْ﴾ (اٌجمشح‬
“O you who believe! Fear Allah, and give up what
b) To avoid misappropriation of public funds remains of your demand for riba (usury), if you are
indeed believers. And if you do not, then be warned of
The Prophet (saw) said: “Whomsoever we have war against you from Allah and His messenger. And if
given some post and he has concealed a needle you repent, then you shall have your capital; neither shall
or a thing smaller than that, then it will be a you make the debtor suffer loss, nor shall you be made to
misappropriated thing with which he will have to suffer loss.” (2: 278-279)
appear on the Day of Judgment.” (Hadith -
Muslim) ii. Dealing in haram commodities
197 198
197 198

6- Lenency

:َ‫ػَِٓ جَبثِشِ ثِِٓ ػَجِذِ اٌٍَِّٗ سَػٍِ اٌٍَّٗ ػَِٕهَّب ؤََّْ َسعُىيَ اٌٍَِّٗ طًٍََّ اٌٍَّٗ ػٍََُِِٗ َوعٍَََُّ لَبي‬
‫ وزبة‬:ٌ‫" َسدَُِ اٌٍَُّٗ َسجُال عَِّذّب إِرَا ثَبعَ وَإِرَا اشِزَشَي وَإِرَا الْزَؼًَ" (اٌجخبس‬
.)‫اٌجُىع‬ WEEK 8
“May Allah bless the person who behaves leniently
while buying, while selling, and while collecting his
dues.”

ُُِ‫َذلُىا خَُِشْ ٌَىُُِ إِْْ وُ ِٕز‬


َّ ‫﴿وَإِْْ وَبَْ رُو ػُغِشَحٍ فََٕظِشَحٌ إًٌَِ َُِِغَشَحٍ وَؤَْْ رَظ‬ INTER-PERSONAL
.)280 :‫رَؼٍَُِّىَْ﴾ (اٌجمشح‬
RELATIONS
“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)
199
199 200

50
General rights of a Muslim over his Behavior Towards Co-Workers
fellow Muslims
“Six are the rights of a Muslim over another Muslim: 1- Cooperation:
1. When you meet him, offer him salam;
they have to work in collaboration with each
other in good faith for the best interests of their
2. When he invites you to a feast accept it. institution and the community as a whole.
3. When he seeks your counsel give him;
4. When he sneezes and says: „alhamdulillah,‟ you )2 :‫﴿وَرَؼَبؤَُىا ػًٍََ اٌْجِشّْ وَاٌزَّمْىَي وَال رَؼَبؤَُىا ػًٍََ اإلِصُِْ وَاٌْؼُذِوَاِْ﴾ (ادلبئذح‬
say Yarhamuka Allah (may Allah show mercy to
you);
5. When he falls ill visit him; and
ِAnd help one another in goodness and piety,
and do not help one another in sin and
6. When he dies follow his funeral.” aggression. (5: 2)

201 202
201 202

Cont… Cont…
- The motto of encouraging people to share
knowledge and experience, is made by Islam as
2- Mutual respect and avoiding interference in a continuous charity.
other‟s personal affairs / respect their right to
privacy. “When a person dies he is completely cut off
“It is a sign of sincere faith to avoid interfering in except from three things: (1) A running charity; (2)
what does not concern you” Knowledge that he had taught and remains put to
good use; and (3) Virtuous progeny praying Allah
for him.”
3- To share knowledge and experience with others.
- It is the duty of a senior worker to pass his - It is also the duty of the new inexperienced workers
knowledge and experience to his juniors. to learn for their seniors.
)43 :ً‫﴿فَبعِإٌَُىا ؤًََِ٘ اٌزِّوْشِ إِْْ وُِٕزُُِ ال رَؼٍَُِّىَْ﴾ (إٌذ‬
“Ask those who are knowledgeable if you don‟t
know” (16: 43)
203 204
203 204

51
Behaviour Toward the Superiors Cont…

1 - To obey them and observe the rule of law


2 - To give them advice
:‫اٌشعُىيَ وَؤُوٌٍِِ األَِِشِ ِ ِٕىُُِ﴾ (إٌغبء‬
َّ ‫﴿ََب ؤََُّهَب اٌَّزََِٓ إَُِٓىا ؤَطُِؼُىا اٌٍََّٗ وَؤَطُِؼُىا‬
)59 ُٓ َّْ‫ "اٌذ‬:َ‫سوي ِغٍُ ػَِٓ رٍَُُِّ اٌذَّاسٌِّْ ؤََّْ إٌَّجٍَِّ طًٍََّ اٌٍَّٗ ػٍََُِِٗ َوعٍَََُّ لَبي‬
“O you who believe! Obey Allah and obey the "ُِِ‫إٌَّظُِذَخُ لٍَُْٕب ٌَِِّٓ لَبيَ ٌٍَِِّٗ وٌَِىِزَبثِِٗ وٌَِ َشعُىٌِِٗ َوألَئَِّّخِ اٌُّْغٍِِِّنيَ وَػَبَِّزِه‬
Messenger and those in authority from among .)ْ‫(وزبة اإلميب‬
you.” (4: 59) “Religion is to give honest advice for Allah, His
Book, and His Prophet and to Muslim leaders
There is no submission in matters involving and public.”
God's disobedience or displeasure. Submission
is obligatory only in what is good (and
reasonable).

205 206
205 206

Behaviour Towards Subordinates Cont…


1-Consultation (shura) and getting feedback: 2- To be kind and lenient with them

)159 :ْ‫﴿فَبػِفُ ػَِٕهُُِ وَاعِزَغِفِشِ ٌَهُُِ َوشَبوِسُُِِ٘ فٍِ األَِِشِ﴾ (آي ػّشا‬ ٍَ ٌَِ‫ "اٌٍَّهَُُّ َِِٓ و‬:‫سوي ِغٍُ ػٓ ػَبئِشَخَ ؤْ َسعُىي اٌٍَِّٗ طًٍََّ اٌٍَّٗ ػٍََُِِٗ وَعٍَََُّ لبي‬
“…So pardon them and ask forgiveness for them ُِِ‫ِِٓ ؤَِِشِ ؤَُِّزٍِ شَُِئًب فَشَكَّ ػٍََُِهُِِ فَبشِمُكِ ػٍََُِِٗ وََِِٓ وٌٍََِ ِِٓ ؤَِِشِ ؤَُِّزٍِ شَُِئًب فَ َشفَكَ ثِه‬
and consult with them upon the conduct of .)‫فَب ِسفُكِ ثِِٗ" (وزبة اإلِبسح‬
affairs...” (3: 159) “O Allah, who (happens to) acquire some kind of
control over the affairs of my people and is hard
ُُِ٘‫﴿وَاٌَّزََِٓ اعِزَجَبثُىا ٌِشَثّْهُِِ وََؤلَبُِىا اٌظَّالحَ وَؤَِِشُُُِ٘ شُىسَي ثََُِٕهُُِ وََِِّّب سَ َصلَْٕب‬ upon them-be hard upon him, and who
)38 :‫َُِٕفِمُىَْ﴾ (اٌشىسي‬ (happens to) acquire some kind of control over
the affairs of my people and is kind to them-be
“And those who answer the call of their Lord and kind to him.”
establish worship, and whose affairs are a matter
of counsel, and who spend of what We have
bestowed on them.” (42: 38)

207 208
207 208

52
Cont… Behaviour Toward Neighbours
3- To serve them honestly and sincerely
Allah's Messenger (saw) said: “Jibril kept impressing
upon me kind treatment towards the neighbour that I
ٍٍَِ ٍ‫ "َِب ِِٓ ؤَ ِري‬:‫سوي ِغٍُ ػٓ َِؼِمًِِ ثِِٓ َغَبسٍ ؤْ َسعُىيَ اٌٍَِّٗ طًٍََّ اٌٍَّٗ ػٍََُِِٗ َوعٍَََُّ لبي‬ thought as if he would confer upon him the right of
"َ‫ؤَِِشَ اٌُّْغٍِِِّنيَ صَُُّ ال َجِهَذُ ٌَهُُِ وََِٕظَخُ إِالّ ٌَُِ َ ِذخًُْ َِؼَهُُُ اٌْجََّٕخ‬ inheritance.”
“A ruler who, having obtained control over the
affairs of the Muslims, does not strive for their 1- To avoid causing them any kind of harm
betterment and does not serve them sincerely
shall not enter Paradise with them.”
‫ ال َ ِذخًُُ اٌْجََّٕخَ َِِٓ ال‬:َ‫ػَِٓ ؤَثٍِ ُ٘شََِشَحَ ؤََّْ َسعُىيَ اٌٍَِّٗ طًٍََّ اٌٍَّٗ ػٍََُِِٗ َوعٍَََُّ لَبي‬
.)ْ‫ وزبة اإلميب‬:ٍُ‫َإَُِْٓ جَبسُُٖ ثَىَائِمَُٗ" (طذُخ ِغ‬
4- Respect for their opinions and beliefs Abu Huraira narrated that the Messenger of Allah
(saw) observed: “He who does not secure his
neighbour from his wrongful conduct, will not enter
Paradise.” (Hadith)

209 210
209 210

Cont… Cont…
2- To help and be kind to them
ًَِ‫﴿وَاػِجُذُوا اٌٍََّٗ وَال رُشِشِوُىا ثِِٗ شَُِئًب وَثِبٌْىَاٌِذََِِٓ ِإدِغَبّٔب وَثِزٌِ اٌْمُشِثًَ وَاٌَُْزَب‬
The Messenger of Allah (saw) said: “He who ًُِِ‫وَاٌَّْغَبوِنيِ وَاٌْجَبسِ رٌِ اٌْمُشِثًَ وَاٌْجَبسِ اٌْجُُٕتِ وَاٌظَّبدِتِ ثِبٌْجَِٕتِ وَاثِِٓ اٌغَّج‬
believes in Allah and the Last Day should either )36 :‫وََِب َِ ٍَىَذِ ؤَََِّبُٔىُُِ إَِّْ اٌٍََّٗ ال َُذِتُّ َِِٓ وَبَْ ُِخِزَبال فَخُىسّا﴾ (إٌغبء‬
utter good words or better keep silent; and he
who believes in Allah and the Last Day should “Worship Allah, and join not any partners with
treat his neighbour with kindness and he who Him; and do good to: parents, kinsfolk,
believes in Allah and the Last Day should show orphans, those in need, neighbours who are
hospitality to his guest.” 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).

211 212
211 212

53
Cont… Ethics in the Domain of Politics

‫ إَِّْ خٍٍٍَُِِ طًٍََّ اٌٍَّهُ ػٍََُِِٗ َوعٍَََُّ ؤَوِطَبٍِٔ إِرَا طَجَخِذَ َِ َشلًب‬:َ‫ػَِٓ ؤَثٍِ رَسٍّ لَبي‬ How should a Muslim, who is participating in politics,
:ٍُ‫فَإَوْضِشِ َِبءَُٖ صَُُّ أِظُشِ ؤًََِ٘ ثَُِذٍ ِِٓ ِجريَأِهَ فَإَطِجِهُ ُِ ِِٕهَب ثَِّؼِشُوفٍ"(طذُخ ِغ‬ behave towards his opponents and those who belong
)‫اٌّّ واٌظٍخ‬ to different political parties and groups?

How can we balance between keeping political


Abu Dharr reported Allah‟s Messenger (saw) plurality (which is a reality and may be a necessary
commanded me that: whenever you prepare a tool for maintaining balance between different centres
broth (meat soup), add water to it, and have in of power in the society) and cooperation between
your mind the members of the household of your different parties and groups for the mutual benefit (the
neighbours and then give them out of this with benefit of the country)?
courtesy.

213 214
213 214

Ethnic Relation in Islam: Basic Cont…


Principles 2. Allah is One and is impartial toward His creation.
He provides for all, including those who reject faith
 Humanity lives today in a “global village,” where no in Him or even those who defy Him.
people or nation can live in isolation from and
indifferent to what goes on elsewhere. Our world is 3. Unity and universality of the core teachings of all
so interdependent and so interrelated that peaceful prophets (PBUT)
dialogue has become an imperative. The basic
4. Universal human dignity.
principles of constructing good foundations for ethnic
relation in Islam are: 5. Necessity of Islamic Da„wah
1. Faith in the One Universal God 6. No coercion in religion

215 216
215 216

54
A Case Study of Ethnic Relations: Challenges
Malaysian Constitution Differences and conflicts of interests among ethnic
groups:
a. Social
Malaysia is a multi-racial country consisting of
i. separation of living places - Malay in rural areas,
Malay, Chinese, Indian and other minor races. No
Chinese – in towns and Indian - estates
doubt, this multi-racial society enjoys multi- racial
cultures, religions and ways of life. Some ii. separation in education system – every ethnic group
differences sometimes may easily lead to conflicts has its own system.
like what has happened in 13th May 1969, and
Kampung Medan tragedy in 6 March 2001. b. Economic
i. Differences in working sectors
ii. The domination of economic sectors

217 218
217 218

Cont… Solution
c. Political:
Racial politics – voices of their ethnics – Islam, the official religion of this country as stated in
strengthening and bolding the racial sentiments. (ex. the constitution, accommodates the needs of every
UMNO for Malay, MCA for Chinese and MIC for ethnic group without discriminating their rights and
Indian values. The core teachings of Islam, which are
universal in nature, are against the compulsion on
d. Religious, language and cultural: other religions. Therefore, Islamic teachings
The differences in these values lead to: construct the basic foundations for a multi-racial
1. Racial interests – choosing friends, jobs and and multi-religious country, i.e., Malaysia. The first
living partners; Islamic constitution drafted by the Prophet (peace
be upon him), Sahifah Madinah reflected a just,
2. Polarization between ethnic groups.
liberal and caring Islamic stand toward other
ethnics.
219 220
219 220

55
Cont… Dealing with Different Ethnic Groups:
Some Qur‟anic and Prophetic Illustrations
Among the details regarding non-Muslims in the
constitutions are: 1. Good social interaction
 Every Muslim and non-Muslim is responsible for
In Surah al-Mumtahanah (60: 8-9), Allah says:
defending and protecting the country. They are not
allowed to help the enemy of Islam.
 They are given citizenship and their security is ُِ ٌََ‫﴿ٌَب َِٕهَبوُُُ اٌٍَُّٗ ػَِٓ اٌَّزََِٓ ٌَُِ َُمَبرٍُِىوُُِ فٍِ اٌذَِّْٓ و‬
protected. ٌٍَٗ‫ا‬
َّ َِّْ‫َُخِ ِشجُىوُُ ِّْٓ دََِبسِوُُِ ؤَْ رَجَشُّوُُِ٘ وَرُ ْمغِطُىا إٌَُِِهُِِ إ‬
 Every citizen should be treated justly and helped.
ٍِ‫اٌٍُٗ ػَِٓ اٌَّزََِٓ لَبرٍَُىوُُِ ف‬
َّ ُُُ‫َُذِتُّ اٌْ ُّ ْمغِطِنيَ * إََِّّٔب َِٕهَبو‬
 Freedom of religion
 Every individual or group has his / its own right and
َْ‫اٌذَِّْٓ وَؤَخِ َشجُىوُُ ِّْٓ دََِبسِوُُِ َوظَبَ٘شُوا ػًٍََ ِإخِشَا ِجىُُِ ؤ‬
it should not be transgressed. -8 :‫رَىٌََّىُُِِ٘ َوَِٓ َزَىٌََّهُُِ َفإُوٌَِئِهَ ُُُ٘ اٌظَّبٌُِّىَْ﴾ (ادلّزذٕخ‬
)9
221 222
221 222

Cont… Cont…
“Allah forbids you not, with regard to those who
fight you not for (your) Faith nor drive you out of 2. Uphold the rights of a neighbor
your homes, from dealing kindly and justly with The Prophet (p.b.u.h.) said: “Neighbor is
them: for Allah loveth those who are just. * Allah of three types: (1) enjoy one right which
only forbids you, with regard to those who fight you
for (your) Faith, and drive you out of your homes, is non-Muslim (right of neighbor); (2)
and support (others) in driving you out, from turning enjoy two rights which is Muslim (right of
to them (for friendship and protection). It is such as neighbor and right as a Muslim); and (3)
turn to them (in these circumstances), that do enjoy three rights which is relatives (
wrong.” (al-Mumtahinah: 8-9)
rights of neighbor, of Muslim, and of
relatives)” (Hadith)
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56
Cont… Cont…
3. Respect the others – non Muslims. 5. Pay them a visit if they are sick.
“Once a dead body was being brought in front of the It is reported that the Prophet (p.b.u.h.)
Prophet (p.b.u.h.), and the Prophet stood to respect.
was not only used to visit non-Muslims if
Then he was told that the body belonged to a
Jewish. He replied, „Is it not a body (jasad)‟. they were sick, but more than that, he was
normally the first to do so.
4. Communicating with Hikmah
)46 :‫﴿وٌََب رُجَبدٌُِىا ؤًََِ٘ اٌْىِزَبةِ إٌَِّب ثِبٌَّزٍِ ٍَِ٘ ؤَدِغَُٓ﴾ (اٌؼٕىجىد‬
“Do not argue with the people of the book except
with the best (hikmah)” (29: 46)

225 226
225 226

Ethics in the Domain of Politics


Prospect
The concept of “government”
With the principles of respecting each
other, knowing one‟s rights and Trust vs. opportunism & misuse of power

privileges, besides a strong urge from The notion of “government / central authority” is
all religions for people to unite and be based on the principles of:
- Delegation: People elected / selected to
tolerant. The unity among ethnic groups public offices are delegated by the
is not a myth, rather, it is a reality with community.
- Trust: they are entrusted with that task to
real and ultimate ethical values. serve the interests of the community.

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57
Cont… Cont…

The challenge here is: How can we make Ethical conditions of opposition /
ourselves transform these principles from theory criticism
to practice to avoid opportunism and dictatorship?
- Based on established facts not on mere
suspicions and accusations
The concept of opposition - Constructive: to change something wrong,
not for the sake of survival
Right to change vs. cooperation - The critic should be convinced of the
moral uprightness of his opinion
- To monitor the activities of the government - To avoid distortion of facts and sayings
= Cooperate in good and beneficial matters
= Criticize what is seen to be wrong and bad
229 230
229 230

Cont… Cont…
Dictatorial Behaviour
Causes: Rejection of Criticism
- Considering oneself to be a gifted person with
the best opinions and ability understanding - Criticism = challenge – humiliation
- Self-seeking, egocentrism

Effects: False pride & dignity


- Forcing opinions on others regardless of their
worth
- Criticism = advice
- Rejecting all kinds of advice / criticism
- Helps us to correct our mistakes
- Preventing people from expressing their views
and opinions - Strengthen our character
- Improve our performance

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58
Definition and differences between
fiqh and shari„ah
WEEK 9 Definition
Fiqh:
Literal meaning:
- Understanding (al-fahm)
- Profound and correct understanding
Fiqh & Shari „ah
Technical meaning:
1- General meaning (early stage)
- A person‟s knowledge of his rights and duties

234

2- Later definition (separation of sciences) Shari „ah


The knowledge of detailed shar„i akham (legal A comprehensive term which include both fiqh
rules) pertaining to conduct derived from their (Islamic law) and tenets.
specific evidences It includes all texts, teachings and principles
Beliefs + Law + ethics

Shari „ah Fiqh


- Wider - Narrower
- Source = Divine - Divine + Sunnah +
Human endeavor
- Immutable - Some parts may
change

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59
Why ijtihad is needed?
Madhahib Fiqhiyyah - Texts which impart more than one
(Schools of Islamic legal thought)
meaning =
imply more than one interpretation
The emergence of madhahib fiqhiyyah is
the result of practising ijtihad
- Texts are limited in number while new
incidents are unlimited in number
What is ijtihad?
- Interpretation of texts - A lot of texts are in the form of general
- Deduction of ahkam (legal rulings) on rules and principles to embrace new
new incidents incidents.

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- Ijtihad of Sahabah
History of ijtihad = limited
= Corrected by the Prophet or
1- Ijtihad in the era of revelation revelation
- The main source of law was Revelation = If they disagree on any issue
(the Qur‟an) they refer it the Prophet and his
- Sunnah as an inspiration and guidance decision is final
from Allah to His Messenger
- Ijtihad of the Prophet in interpreting and
applying the texts of the Qur‟an

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60
2- Ijtihad in the era of Sahabah That was the seed of madhahib fiqhiyyah
- The scope of ijtihad widened = new
incidents:
3- Ijtihad after the era of Sahabah
= Expansion of Muslim state = new
people, new customs and traditions More developments in social, economic and
= Development of life = new challenges intellectual life = the scope of ijtihad
became wider and wider
- The result of this ijtihad:
= Agreement = ijma„ (consensus of Mujtahids (scholars who are specialized in
opinions) religious studies and mastered it)
= Disagreement = no higher authority to developed their methods of ijtihad
make a final ruling and unite all opinions Madhahib shaped and developed

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.
What is a madh-hab?
First stage: emergence Mujtahid = rules of interpretation + legal opinions
A scholar‟s approach of ijtihad =
rules and principles of interpretation
+ legal views and opinions Students = adopt his approach + narrate & record his
legal opinions + spread those opinions + enrich them
The last stage: development
The sum total of the scholar‟s legal rulings
as well as the rulings of his students and Those who adhere to his methodology of ijtihad = spread
that of all the scholars who adhered to the madh-hab + enrich it +formalize the madh-hab
their approach of ijtihad.

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61
How many madhahib are there? Sunni Schools:

- In the first sense of madh-hab 1- The Hanafi madh-hab


There were many madhahib 2- The Maliki madh-hab
3- The Shafi„i madh-hab
- But those madhahib of Sunni school which 4- The Hanbali madh-hab
continued to exist and established themselves
are four. Shi„i schools:
- The Zidi madh-hab
- The reason behind this continuation is mainly - Imami/ Ja„fari madh-hab
because of the number and the role of students
and followers
245 246

The objectives of Shari „ah (maqasid al-


Shari„ah)
(Islamic criterion for measuring human needs )
WEEK 10
The main objectives of the shari„ah are of two
types:
Maqasid al- shari‟ah and
preservation of basic rights 1- To secure the interest of mankind that
pertains to Hereafter,

2- To secure the interest of mankind


pertaining to this world.

248

62
Who is to determine what is in man‟s interest? Classification of interest pertaining to its compliance
with Shari„ah
- The lawgiver (Allah & His Messenger) = (Criterion for evaluating the acceptance of interest)

- Human reason (in light of texts, general 1- Acknowledged interest (al-maslahah al-
principles = should not contradict or violate the texts mu‟tabarah):
the general principles)
- Explicitly

- Implicitly = new interest which may be


related to this type of interest

249 250

2- Rejected interest (al-maslahah al-mulghah): The criterion for evaluating the importance of
interest
- Explicitly (for the existence and preservation of human life)

- Implicitly = what may be considered by 1- The essentials/ necessities (al-Daruriyyat):


some people as interest but which is in contradiction
with the texts and principles, or which may violate the
objectives of shari„ah. 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

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63
2- The needs/ exigencies (al-Hajiyyat): = The relation between the three
categories:
Those interests which are needed to:
- support necessities Each outer shell forms a supportive and
protective boundary for the inner shell.
- remove severity and hardship
Their absence does not impose a threat to the
very survival of normal order and basic human The basic rights:
rights 1- Religion (al-Din)
2- Life (al-hayah)
3- The complementary interests (al-Tahsiniyyat): 3-Intellect/ reason (al-‟aql)
To attain perfection and refinement in human life 4- Lineage (al-nasab)
5- Property/ wealth (al-mal)

253 254

= The benefit of this classification: - Daruriyyat have priority over the hajiyyat,
which in turn have priority over the
- To resolve any conflict between these tahsiniyyat.
different categories of interest
- Din has precedence over life (jihad);
- The rules of conflict and priority: - Religion # intellect = freedom of thinking
1- The stronger interest shall prevail: - Religion # property = spending/ haram
Although all the necessities should be wealth
observed, promoted and protected, in - Life has precedence over nasl (abortion);
case of conflict they should be taken in the - life has precedence over „aql (drinking
order in which they are stated: wine, drugs for medical purposes);
- „aql has precedence over wealth
(education) ...etc.

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64
Legal maxims which govern this rule 2- The public interest is prior to the
1. Committing the lesser of two harms. private:
2. Necessity dictates exception/ necessity Legal maxim: Committing a specific
overrules prohibition. harm for the sake of preventing a
3. That which became permissible by general harm
necessity is estimated by the extent thereof. - Taking preventive measures against
4. Avoiding harm is prior to acquiring benefit. people who are carrying transmitted
diseases;
- Punishments;
- Preventing unqualified professional from
practising;
- Prohibition of hoarding

257 258

How shari „ah preserves the five basic 1- Religion:


rights? Affirmative measures:
- Establishment: Revelation
1- Affirmative measures = Establishment + - Maintenance: Continuous practice, da„wah/
maintenance (obligations, al-‟amru bil m„ruf
recommendations, permissible)
Protective measures:
2- Protective measures = Prohibition + a) Against insiders: Punishment for
punishment neglecting religious obligations and
apostasy, preventing evil

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65
b) Against outsiders: Defending religion Protective measures:
intellectually, power and independence, - Prohibition of any attack on human life
Jihad
without legal justification (homicide,
suicide, injuries) + Qisas
2- Life:
Affirmative measures:
3- Lineage:
- Establishment: Creation, marriage
Affirmative measures:
- Maintenance: Providing sustenance, - Establishment: Marriage
maintaining good health - Maintenance: Establishment of family +
responsibilities towards children

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4- Intellect:
Protective measures:
Affirmative measures:
- Establishment: Created by Allah
a) Against its discontinuity (demise): Prohibition
of abortion, sterilization, celibacy - Maintenance: Education and pursuit of knowledge

b) Against its confusion: Protective measures:


Prohibition of adultery, false accusation, Prohibition of intoxicants, drugs, prohibition of
surrogate motherhood and surrogated
fatherhood believing in superstitions

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66
5- Property/ wealth:
Affirmative measures:
Bounties given by Allah
Permission of trade and conducting business, WEEK 11
private ownership

CONTEMPORARY ISSUES
Protective measures:
Prohibition of violating the property of other,
extravagance, theft, misappropriation

265

Family planning 1. To limit the number of children to a very


Birth control small number

VIEWS (SEEM TO) DISCOURAGE:


The use of birth control methods to choose the A- Islam encourages people to have children.
number and timing of children born into a family i) To marry fertile spouse:
“Marry women who are loving and fertile (child-
1. To limit the number of children to a very small bearing), for I shall outnumber the peoples by you.”
number ii) Rejection of celibacy: “I pray and I sleep; I fast and I
2. To distance the occurrences of pregnancies for break my fast; and I marry women. Whoever turns
a specific period of time away from my way of life is not from me.”
3. To eliminate the possibility of having children

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67
B- Allah has warned about killing one‟s C- The Prophet (saw) said about
children out of fear of poverty. contraception:
“There is no harm if you do not do that,
)151 :َ‫“وَال رَمْزٍُُىا ؤَوِالدَوُُِ ِِٓ إِِِالقٍ َٔذُِٓ َٔشِ ُص ُلىُُِ وَإََِّبُُِ٘“ (األٔؼب‬
because the birth of the child is something
“Kill not your children because of poverty - We
provide sustenance for you and for them" (6: pre-ordained.”
151)
D- The Prophet (saw) said on 'azl
‫“وَال رَمْزٍُُىا ؤَوِالدَوُُِ خَشَُِخَ إِِِالقٍ َٔذُِٓ َٔشِ ُصلُهُُِ وَإََِّبوُُِ إَِّْ لَزٍَِهُُِ وَبَْ خِطْئًب‬ (contraception): That is the secret way of
)31 :‫وَِجريّا“ (اإلعشاء‬ burying alive.”
“And kill not your children for fear of poverty. E- It is exploited by anti-Muslims to reduce
We shall provide for them as well as for you. their population.
Surely, the killing of them is a great sin" (17:
31)

269 270

2. To control the timing of births with the 1- One form of contraception was practised
intent of distancing the occurrences of during the time of the Prophet (saw) while
pregnancy the Qur‟an was being revealed but neither
Contraception: the Qur‟an nor the Prophet (saw)
A way of avoiding pregnancy temporarily, prohibited it.
using either artificial methods such as Jabir reported: “We used to practise 'azl
condoms and birth-control pills or natural (withdrawing the male sexual organ before
methods such as avoiding sex during the emission of semen to avoid conception)
during the lifetime of Allah's Messenger
woman‟s known fertile periods. (saw). The news of this practice reached
Allah's Messenger (saw), and he did not
forbid us.”
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68
- When 'azl was mentioned in the presence of 2- The Messenger of Allah said: “I intended
Allah's messenger (saw) he said: Why do you
to prohibit cohabitation with the suckling
practise it? They said: There is a man whose wife
has to suckle the child, and if that person has a women to avoid pregnancy within suckling
sexual intercourse with her she may conceive period, but I considered the Greeks and
which he does not like, and there is another Persians, and saw that they used to
person who has a slave-girl and he has a sexual
intercourse with her, but he does not like her to
cohabit with their suckling wives and that
have conception so that she may not become did not harm their children. Then they
Umm Walad, whereupon the Prophet (saw) said: asked him about 'azl, whereupon he said.
There is no harm if you do not do that, because
That is the secret way of burying alive.”
the birth of the child is something pre-ordained.”

273 274

Conclusion: - It should not be imposed on anyone by


The Prophet (saw) did not prohibit anyone, as it is the absolute right of
contraception but he did not encourage it. everyone to have children.
- It would be lawful for a couple to use
contraceptive methods if they opt for it, - It should be practised only with the consent
provided that: of both sides; husband and wife.
- 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.

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69
2. For women, oviducts (tubes that run eggs)
3. To eliminate the possibility of having are surgically cut and sealed, preventing an
children
egg from reaching the womb or from even
Surgical contraception (sterilization): coming in contact with sperm but allowing
ovulation to continue.
1. Vasectomy is a surgical procedure
leading to the sterilization of man. It is a
procedure that involves cutting, tying and It is a way to prevent pregnancy permanently
sealing both the tubes running sperm from for women.
testicles to the urethra and penis.
It is a way to prevent ejaculation
permanently.

277 278

Rulings on Sterilization:
ٍْ‫ سَدَّ سَعُىيُ اٌٍَِّٗ طًٍََّ اٌٍَّٗ َػٍَُِ ِٗ وَعٍَََُّ َػًٍَ ػُضَّْبَْ ثِِٓ َِظْؼُى‬:َ‫ػَِٓ عَؼِذِ ثِِٓ ؤَثٍِ وَلَّبصٍ لَبي‬
.)‫ وزبة إٌىبح‬:ٍُ‫اٌزَّجَزًَُّ وٌََىِ ؤَرَِْ ٌَُٗ الخِزَظََُِٕب" (طذُخ ِغ‬
Sterilization is not lawful in Islam. It is
against one of the main objectives of
creating the two different sexes; that is to Sa'd b. Abi Waqqas says: the idea of 'Uthman
have children and cause the continuation of b. Madh'un for living in celibacy was rejected
human race. by the Prophet (saw), and if he had been given
permission they would have got themselves
castrated (sterilized).”

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70
Abdullah b. „Umar said: We used to participate in
jihad with the Prophet (saw) and we had no It may practised under cases of necessity
wives with us. So we said (to the Prophet). “Shall
we castrate (sterilize) ourselves?” But the
- When pregnancy becomes dangerous to the
Prophet forbade us to do that and after that he
mother‟s life (determined by trustworthy-
allowed us to marry a woman by giving her even
Muslim doctors) and when other alternatives
a garment, and then he recited: “O you who
of contraception have been exhausted
believe! Do not make unlawful the good things
without being effective.
which Allah has made lawful for you.”

- Marriage for tow persons infected with AIDS,


HIV.

281 282

Human reproduction methods This practice is lawful only when it involves a :

1- In vitro fertilization/ IVF (test tube babies) a. Married couple while


- This is a method of assisted reproduction in
which the man‟s sperm and woman‟s egg are b. The marriage contract is still valid, and
taken and then combined in a laboratory dish,
where fertilization occurs.
c. Necessary measures are taken to prevent
any manipulation of this practice to avoid any
The resulting pre-embryo is then transferred lineage confusion.
to the woman‟s uterus.

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71
2- Artificial insemination 3- Surrogacy

A method of inducing pregnancy in a


female mammal by injecting sperm into Surrogate: Taking place of somebody or
the womb. something else.
This would be lawful if:
- If the sperm is taken from the legal husband Surrogate mother:
- In a continuing marital life A woman who bears a child for a couple,
with the intention of handing it over at
But if the sperm used is from a third party or one birth. She usually either is artificially
who is not a legal husband or from the husband inseminated by the man or implanted with
but after divorce or his death, it will be prohibited. a fertilized egg from the woman.

285 286

1- The sperm and the egg are taken respectively from 3- The sperm is taken from the legitimate husband but
a legitimate husband and wife. The egg fertilized and the egg is taken from another woman who is not his
then implanted in the womb of another woman who legal wife. The egg is fertilized and then implanted in
is not the wife of that man. (Uterus) the womb of the same woman from whom the egg
2- The sperm is taken from the legitimate husband but was taken. (Egg + uterus – same woman)
the egg is taken from another woman who is not his 4- The sperm is taken from the legitimate husband but
legal wife. The egg is fertilized and then implanted in the egg is taken from another woman who is not his
the womb of his legal wife. (Egg) 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.

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72
5- The sperm is taken from a husband who have - Marital life is limited to its legitimate parties.
more than one wife. The egg is taken from one
wife. After fertilizing the egg the pre-embryo is
Any practice that may involve any third party
implanted in the womb of the second wife. (either a man or a woman) in any form
Regarding this case, most of Muslim scholars (whether in the form of semen, an ovum, an
believe it is unlawful also. Although the sperm is embryo, or a womb) is unlawful.
not strange to the womb since it is the womb of
his second wife, but the egg is a stranger - Any interference to violate the contract of
because it is from another woman. marriage by introducing any third party (male
Another objection is that the woman who is or female) by a normal way or a biomedical
bearing the embryo may conceive from her technique is violation of Islamic law. Thus, it is
husband using her own egg whereas the embryo
implanted may fail to develop and this may lead forbidden.
to confusion: to whom the foetus belongs?

289 290

- Blood relationship is the fundamental basis of Remedies for barren (infertile) couples
marriage and inheritance in Islam. Any practice
that may undermine the family ties or create 1- Using artificial techniques of fertilization
lineage confusion is forbidden.
2- Foster parenting

- Destruction of the concept of motherhood


- Weakening familial relations
- Confusion in lineage

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73
Adoption
Legal adoption Islamic foster
parenting
WEEK 12 - Take the name of - retains the name of new
family his original family
- May be entitled to
inheritance - not entitled/ may
ADOPTION, ABORTION AND be given through
PLASTIC SURGERY will (wasiyyah)
up to 1/3
- Not a mahram

294

Abortion Induced Abortion


The expulsion of the products of pregnancy This is made by an elective decision to terminate
before the foetus is viable. Any interruption of the pregnancy through the ways and means
human pregnancy prior to the 28th week (6 available.
months) is known as Abortion.
- If the induced abortion is performed to prevent
the health or life of the mother, it is called
Miscarriage:
therapeutic abortion.
This term is used for the delivery of a nonviable
embryo or foetus due to foetal or maternal
factors.

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74
Abortion: lawful or haram? 2- Before quickening (40 days/120)
- Few scholars: Permissible
1- After quickening (the soul breathed in the body) - Few scholars: Reprehensible
- Prohibited - The majority: Prohibited only for justifiable
- When quickening takes place? reasons (rape, incest, genetic diseases)
After 120 days
After 40 days Why prohibited?
- Assault against human life
- Harmful (mentally, emotionally, physically)
- Ethical impact: Encourage adultery especially
among teens.

297 298

Plastic surgery a) Cosmetic surgery:


The surgical speciality concerned with the Performed to reshape normal structures of the
treatment of structural deformity and body to improve the person‟s appearance.
disfigurement. It is also involved with the Like facelift (a medical operation in which the
enhancement of the appearance of a person skin of a person‟s face is tightened in order to
(beauty). make them look younger) and attempts to
reverse the signs of ageing, and surgery of
a) Cosmetic surgery breasts (to increase or decrease the size of
the breasts).
b) Reconstructive surgery

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75
- Excessive beautification
„Abdullah reported that Allah had cursed those - Entails deception
women who tattoo and who have themselves - Changing creation of Allah
tattooed, those who pluck hair from their - Entails dissatisfaction with one‟s creation
faces and who have their facial hair plucked,
- Pride and show-off
and those who make spaces between their
teeth for beautification changing what Allah - Not needed/ no harm to be removed
has created. - Concentration on carnal beauty
- Wasting of money

301 302

b) Reconstructive surgery: This type of surgery may be permitted because


Performed on abnormal structures of the body these faults and scars usually cause physical
caused by: and psychological pain to the person inflicted
- Congenital defects (defects that exist since or with them. Moreover, operating on them is not
before birth): Abnormally turned-out lips, split considered to be changing the creation of
lips, twisted fingers or toes...etc. Allah.
- Developmental abnormalities: Tumours (a
mass of cells growing in or on a part of the
body where they should not, deformed
teeth…etc.
- Injuries: Scars left by leprosy or other skin
diseases, or scars caused by accidents and
burns…etc.

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76
Euthanasia (mercy killing)

People involved:
WEEK 13 - A patient in a persistent vegetative state who
is awake but is not aware of self or the
environment.
Euthanasia - Patient in terminal illness who may or may not
Organ transplantation be subject to life-support machine.
Transsexual - People suffering from great pain.

306

Types of Euthanasia: Organ Donation and Transplantation


a) Active Euthanasia:
An act of commission by taking action that Legal justification
leads to death, e.g. a lethal injection. Against:
Violation of human body/ dignity
In favour:
b) Passive Euthanasia: - And if anyone saved a life it would be as if he saved
- Letting a person die by taking no action to the lives of all mankind.” (5: 32)
maintain his life, like stopping giving - Charity
medications to one whose life is dependent - Necessity dictates exception
on it. - Choice of the lesser evil if both can‟t be avoided
- Withholding medical or surgical procedures
and life-support systems. - Prohibition of sale or exchange

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77
Organs Donated: 4- Other parts of the body
1- Primary organs essential for life - Replaceable: Blood, skin, other tissues
Heart , brain
Brain stem death – keeping some organs 5- Organs involved in reproduction
functioning Testicles, ovary, womb
2- Secondary organs essential for life
The donor
- Two: Kidneys, lungs
1- Animals: Lawful, unlawful
- One: Liver
2- Humans:
3- Secondary organs, not essential for life - Miscarried foetuses
- Irreplaceable: Hands, ears, nose, legs, eyes, - Aborted foetuses
etc.

309 310

- Children/ minors/ under guardianship


- Adults:
Transsexual
- Living Transsexual(ity):
- Dead: Refers to people who have a compelling sense
that their gender identity is not in conformity with
- Explicit acceptance or the physiological or biological sex they are born
rejection with. This may lead some to seek gender (or sex)
- No will reassignment surgery to make her/his biological
or physiological sex correspond to her/his gender
identity.

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78
Islamic perspective:
Transsexuality can be addressed through three  The Prophet cursed men who imitated women
similar phenomena: and women who imitated men.
1. Hermaphrodite: An abnormal individual
especially among the higher vertebrates having
both male and female reproductive organs  He is also reported to have said “Allah has cursed
2. Homosexuality: Atypical sexuality characterized the woman who wears the cloth of men and the
by manifestation of sexual desire toward a man who wears the cloth of women".
member of one's own sex
3. Transvestitism: The practice of adopting the
dress, the manner, and frequently the sexual
role of the opposite sex

313 314

It is not based on our desire to change our sex


whenever we like.
WEEK 14
Thus, permission is only granted to those
hermaphrodites.

ISLAMIC FINANCIAL MARKET

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79
Basics: - Risk-sharing or help
- Prohibition of riba (usury/ interest) If you want to get profit in this life you have to
accept risk-sharing
- Prohibition of gambling If you want to get profit in the second life you
help the needy through al-qardh al-hassan

- Prohibition of involvement in prohibited commodities


(production, sale, buy) == Application of all transactions which don‟t entail
the above-mentioned prohibitions

- Avoidance of al-Gharar (ambiguities, uncertainty) - Islamic banking business runs on the basis of
commercial and trading principles.
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- Risk-sharing or help Islamic Financial Markets


Vs.
If you want to get profit in this life you have to
Conventional Financial Markets
accept risk-sharing
If you want to get profit in the second life you Are Islamic financial markets purely Islamic?
help the needy through al-qardh al-hassan - Islamic financial markets are working in similar
fashion with conventional markets

== Application of all transactions which don‟t entail - The difference in experience (IFM is still new)
the above-mentioned prohibitions
- The local as well as international FM is set and
- Islamic banking business runs on the basis of dominated by conventional FM
commercial and trading principles.
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- Islamic FM is a small part in a gigantic system/ - Deposits / Accounts
limited area for manoeuvering - Money transfer
- Loans
Create an Islamic or Islamic-like versions of
current transactions in conventional FM

- Lack of sincerity / exploiting religious sentiments


for the sake of making profit.

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Credit Card - Some services can be paid for over the


telephone by credit card merely by quoting the
A small plastic card issued to users of the credit credit card number, and they can be used in a
system after approval from a provider (bank), in similar manner to pay for purchases from online
which they will be able to make purchases from vendors. (“card not present" transactions)
merchants supporting that credit card up to a
prenegotiated credit limit. - Each month, the credit card user is sent a
statement indicating the purchases undertaken
When a purchase is made, the credit card user with the card, and the total amount owing.
indicates their consent to pay, usually by signing - The cardholder must then pay a minimum
a receipt. proportion of the bill by a due date, or pay the
entire amount owing.

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 Secured Credit Cards - The owner of the secured credit card is still
- A secured credit card is a special type of credit card expected to make regular payment, as he or she
in which you must first put down a deposit between would with a regular credit card.
100% and 150% of the total amount of credit you
desire.
- Should he/she default on a payment, the card
- Thus if you put down $1000, you will be given credit
issuer can deduct payments on the card out of
in the range of $500-$1000.
the deposit.
- This deposit is held in a special savings account.
- 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 Typically, the rate of interest charges on the


amount owing is much higher than most other
1. Some credit card issuers offer interest-free forms of debt.
periods.
If the balance is paid in full each month (or the 2. Some credit providers charge interest on the
stipulated period) the interest charges will be amount owing from the very beginning.
waived. This allows the credit card to serve as a In this case the interest rates are much lower than
form of revolving credit. those imposed in the first type.
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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Guarantee to merchants:
Benefits to card companies:
- Credit card companies generally provide a
guarantee the merchant will be paid on legitimate 1. The interest charges imposed on debts given
transactions regardless of whether the consumer (from the beginning or after the due date of
pays their credit card bill. payment).

- However, credit card companies generally will not 2. Card companies charge merchants fees/
pay a merchant if the consumer challenges the commission for money transfer.
legitimacy of the transaction.
3. Annual fees

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Credit Card Organizations: Adventages vs. Disadvantages:

1. Diners Club (Dinners Club International) Adventages:


2. MasterCard (Master Card Incorporated)
- Convenience in payment/ no need to carry cash
3. BankCard (Australian Financial Institutions)
4. VISA (International Service Association)
- Immediate availability of (short term) loans in
5. American Express (American Express, NY) case of an urgent need
6. Discover Card (Discover Bank/ Morgan Stanley) - Avoidance of long procedures.
7. JCB (Japan Credit Bureau) - Face saving in case of need for short loans.

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Disadvantages: - Extra burden on consumers
The credit card companies usually prevent the
money transfer fees from being passed on to
- Enhances the culture of borrowing
credit card users the merchants, certainly, don‟t
- Enhances consumerism: bear those fees.
- Difficulty in controlling expenses The fees are spread among all customers by
- Unwise use especially by young people adding them to the normal prices.
- Suffer the long-term consequences of especially as some credit providers give their
users incentives such as frequent flier miles or
carrying high debt.
gift certificates
- Payment of prohibited interest (riba) 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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Types of debit card:


Debit Card
1. Online debit cards: Use the same underlying
A debit card is a card which physically resembles a technology as ATMs (Canada)
credit card, and, like a credit card, is used as an 2. Offline debit cards: Carry the logotypes of, and
alternative to cash when making purchases can be used in a manner nearly identical to,
major credit cards (e.g. Visa or MasterCard).
when purchases are made with a debit card, the The use of a debit card in this manner may have a
funds are withdrawn directly from the purchaser's daily limit, with the maximum limit being the
checking or savings account at a bank. amount of money on deposit.
A debit card used in this manner is similar to a
secured credit card.

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Ruling on debit /credit card
A small fee may be charged for "debit"
transactions (often absorbed by the retailer) 1. Debit card

From the merchant's standpoint, the merchant 2. Secured credit card


pays lower fees on a "debit" transaction as
compared to "credit" transactions.
3. Other credit cards:
To the consumer, a debit transaction is real-time;
i.e. the money is withdrawn from their account - It is strictly prohibited for a Muslim/ Islamic bank
immediately following the authorization request to issue interest-based credit cards.
from the merchant. - 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 Justification of permissibility
grace period
– The purchases made don‟t exceed the amount One is not signing a loan contract with interest but
that one can pay when the bill comes/ within the he is signing a contract that gives him the choice
grace period; to make the interest applied or not.

2) The user will not withdraw cash (because cash Consequently, if you know for sure that you can
withdrawal generates interest from the day of use it without incurring any interest you make the
withdrawal and does not have a grace period). interest clause useless and it is permissible to
sign such a contract and use the card.”

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