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UNGS 2380 | 2022 | Part 2

ETHICS AND FIQH


OF CONTEMPORARY
ISSUES
Salah Machouche
Content

➡ Health Ethics

➡ Biomedical ethics

➡ Environmental Ethics

➡ ICT & Social Media Ethics

➡ Ethics of Seeking Sustenance (Earning)

2
Ethical Issues During Covid-19 Pandemic

Politics Economy Family Education Health Media

Double standard Dramatic Not justi es Inequality of Fake news


1 increase of life Divorse education
costs Internet provider
Gov does not care SCAm Domestic violence Plagiarism Promoting con icting
about people opinions
2 (election during
pdmc)
Oppressive SOP Hording Family distancing Fake online Addiction
3 attendence

Low ethics of Excessive shopping


4 learning adds

3
fi
fl
https://
www.thelancet.com/
journals/landig/article/
PIIS2589-7500(20)30142
-4/fulltext

4
Meaning of
Sickness in
Islam

5
Applications of digital technology in
COVID-19 pandemic

https://www.thelancet.com/journals/
landig/article/
PIIS2589-7500(20)30142-4/fulltext

6
Bioethics

7
Qur’an | al -Shura: 48-50

8
“The deliberate use of artificial methods or other
techniques to prevent pregnancy as a consequence of
sexual intercourse. The major forms of artificial
contraception are: barrier methods, of which the
commonest is the condom or sheath; the contraceptive
pill, which contains synthetic sex hormones which
prevent ovulation in the female; intrauterine devices,
such as the coil, which prevent the fertilized ovum from
implanting in the uterus; and male or female
sterilization”.

9
Source: https://www.youtube.com/watch?
v=cHh-Ei73iMk

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11
12
13
“Sterilization is a procedure that results in the permanent or
temporary loss of the ability of a man to impregnate a woman or the
ability of a woman to conceive. Sterilization in men is performed
through dividing or tying the vas (seminal canal) and is called
vasectomy. It is different from castration (removal of the testes) since it
does not impair hormonal function or the ability of men to have
complete and normal sex. In women sterilization can be performed
by tying the fallopian tubes which are connected to the uterus and
which normally pick up the ovum from the ovary and allow the
process of fertilization to take place within its cavity. The operation is
called tubal ligation. The tubes may also be cut (tubectomy) and
then the ends ligated, or the tubes may be blocked with chemicals.
These are methods to prevent the ovum from being exposed to the
sperms from man’s semen and thus pregnancy is avoided. Like
sterilization of men, the methods used for female sterilization do not
impair a woman’s hormonal functions and have no effect on her
sexual performance”.
Ref. Abdel Rahim Omran, Family Planning in the legacy of Islam (London: Routledge, 1992), p.187.

14
15
Definition Forms Process Legal Ruling
With female is a surgical (cutting One way is by “It is permissible
permanent the tubes and this tying and cutting for medical
procedure to is called tubal the tubes and this reasons to
prevent ligation. ) is called tubal postpone
pregnancy. It and ligation. The pregnancy for
works by blocking (non-surgical fallopian tubes some time. But it is
the fallopian techniques: non- can also be forbidden to stop
tubes. surgical sealed using an the natural
With Male sterilization blocks instrument with an process of
Both methods the tubes up so electrical current fertilization of
completely stop nothing is getting or closed with either man or
the chance of a in or out. A small clips, clamps, or woman, unless
sperm meeting an flexible, metal rings so that the there is an urgent
egg in the womb, insert is put into sperm cannot need to do so.
but the way they the fallopian meet the egg. A Preventing the
do it are slightly tubes through the medical device is reproductive
different. vagina with a put inside the organs from
special catheter. fallopian tube performing their
through the natural function
vagina with a contradicts the
special catheter. Divine Wisdom
Sometimes, even behind creating
a small piece of both sexes” (Sheikh
16
the tube is `Atiyyah Saqr the former
head of Al-Azhar Fatwa
COITUS INTERRUPTUS

“A practice in which the semen


was prevented from being
deposited into the vagina by
withdrawing the penis at the
moment of reaching the stage
of orgasm”.

17
18
“a doctor inserts sperm directly
into a woman's cervix, fallopian
tubes, or uterus. The most common
method is called "intrauterine
insemination (IUI)," when a doctor
places the sperm in the uterus”.
This intervention makes the trip
shorter for the sperm and gets
around any obstructions. Your
doctor may suggest this method
first as a treatment for infertility.

19
Intrauterine insemination (IUI) is a
fertility treatment that involves
placing sperm inside a woman’s
uterus to facilitate fertilization. The
goal of IUI is to increase the
number of sperm that reach the
fallopian tubes and
subsequently increase the
chance of fertilization.

20
IUD (Intrauterine Devise)

21
22
Definition Forms Legal Ruling
Surrogacy is a method There are two types of “surrogate motherhood
of assisted surrogacy of this kind is not
reproduction that arrangements: allowed because it is
helps intended parents gestational surrogacy akin to zina (adultery)
(IPs) start families when and traditional since the surrogate is
they otherwise could surrogacy. Circle carrying the fertilized
not. Intended Surrogacy only provides egg of someone who is
parents pursue gestational surrogacy not her legal husband.
surrogacy for several arrangements, which The child produced
reasons and come means the gestational therefore has no
from different carrier has no lineage through legal
backgrounds. All genetic connection to marriage and will have
intended parents work the child. to be considered as
with a gestational Through in vitro illegitimate. Therefore, if
surrogate, a woman fertilization (IVF), the product is haram,
who carries a child to embryos are created in the means of acquiring
term. a lab (sometimes with the product (the
the use of an egg surrogate’s renting of
donor) and are her womb) is
transferred into the also haram”.
surrogate mother’s (The Islamic Ruling on Surrogate
uterus. In a traditional Motherhood, Answered by Shaykh

surrogacy Mohammed Amin Kholwadia )


http://www.ilmgate.org/the-islamic-ruling-on-

arrangement, a surrogate-motherhood/

23
surrogate becomes

Adoption is the social,
emotional, and legal
process in which
children who will not be raised
by their birth parents become
full and permanent legal
members of another family while
maintaining genetic and
psychological connections to
their birth family. Adoption has
many facets and touches
people in different ways—
depending on their role and
perspective".
Source: https://www.childwelfare.gov/topics/adoption/intro/
24
Adoption In Islam

THE PROPHET
AND ZAYD IBN
AL-HARITHA-
case

25
Rules of Relationship Rules of guardianship

1.An adopted child retains his or her 1.Legal adoption is not permissible.
own biological family name (surname) 2.If the adoptive mother breastfeeds the
and does not change his or her name adopted child, then it becomes their foster child.
to match that of the adoptive family. 3.If the adoptive mother does not breastfeed the
2.An adopted child inherits from his or adopted child, then the relationship of fosterage
her original biological parents, not will not be established and the child will be
automatically from the adoptive classed as other children with regards to Nikah
parents. and Hijab.
3.When the child is grown, members of 4.An adopted child will not inherit from his
the adoptive family are not adoptive parents and to regard an adopted
considered blood relatives and are child as a real child in the matter of inheritance is
therefore not muhrim to him or incorrect.
her. "Muhrim" refers to a specific legal 5. It is necessary to allow the adopted child to
relationship that regulates marriage meet its real parents. Preventing him/her from
and other aspects of life. meeting them and creating any obstacles will be
4.If the child is provided with property/ considered as oppression.
wealth from the biological family, 6.Good behaviour and conduct should be
adoptive parents are commanded not displayed towards the adopted children,
intermingle that property/wealth with especially if they are orphans.
their own. They serve merely as trustees 7.The wealth of the adopted child, who has not
for property given to the child by his yet reached puberty, should be kept safe. If
biological family there is a need to spend the money on the child,
Ref. [https://www.thoughtco.com/adopting-a-child-in-
then one can utilize the child’s money upon him.
islam-2003804]

26
A
bortion, the expulsion of a fetus from the uterus before it
has reached the stage of viability (in human beings, usually
about the 20th week of gestation). An abortion may occur
spontaneously, in which case it is also called a miscarriage, or it
may be brought on purposefully, in which case it is often called an
induced abortion.

Spontaneous abortions, or miscarriages, occur for many reasons,


including disease, trauma, genetic defect, or biochemical
incompatibility of mother and fetus. Occasionally a fetus dies in the
uterus but fails to be expelled, a condition termed a missed
abortion.

Source: https://www.britannica.com/science/abortion-pregnancy

27

Abortion is a complex problem, charged with emotions
and sensitivities related to the unborn fetus, the mother
and the society, religion and law. People resort to
abortion for different reasons, not all of which are
acceptable to religion. The rule of thumb is that
prevention (use of contraception) is preferred to control and
that even the theologians who find abortion under certain
indications allowable do not condone its use as an alternative
to contraception. Furthermore, the difference in opinion
among theologians should not be taken as a license for
indiscriminate use of abortion. Three tiers of time figure in the
theological consideration of abortion: Before 40 days, Before
120 days, and After 120 days.”
Ref. Abdel Rahim Omran, Family Planning in the legacy of Islam (London: Routledge,
1992), p. 190.

28
The Life of the Fetus
Abdullah bin Mas'ud (May Allah be pleased with him) reported:
:‫ ق ــال‬، ‫ رض ــي اهلل ع ــنه‬،‫وع ــن اب ــن م ــسعود‬
Messenger of Allah (‫)ﷺ‬, the truthful and the receiver of the truth ،‫ح ــدث ــنا رس ــول اهلل ص ــلى اهلل ع ــليه وس ــلم‬
informed us, saying, "The creation of you (humans) is gathered ‫ "إن أحـ ـ ــدكـ ـ ــم‬:‫وهـ ـ ــو الـ ـ ــصادق املـ ـ ــصدوق‬
in the form of semen in the womb of your mother for forty days,
then it becomes a clinging thing in similar (period), then it
ً ‫يجـ ــمع خـ ــلقه فـ ــي بـ ــطن أمـ ــه أربـ ــعني يـ ــوم ـ ـا‬
becomes a lump of esh like that, then Allah sends an angel who ‫ ث ــم ي ــكون‬،‫ ث ــم ي ــكون ع ــلقة م ــثل ذل ــك‬،‫ن ــطف ًة‬
breathes the life into it; and (the
‫ ف ــينفخ‬،‫ ث ــم ي ــرس ــل امل ــلك‬،‫م ــضغ ًة م ــثل ذل ــك‬
angel) is commanded to record four
things about it: Its provision, its term ‫ يـ ــكتب‬:‫ ويـ ــؤمـ ــر بـ ــأربـ ــع كـ ــلمات‬،‫فـ ــيه الـ ــروح‬
of life (in this world), its conduct; and .‫ وش ـ ــقى أم س ـ ــعيد‬،‫ وع ـ ــمله‬،‫ وأج ـ ــله‬،‫رزق ـ ــه‬
whether it will be happy or miserable.
By the One besides Whom there is no ‫فـوالـذي ال إلـه غـيره إن أحـدكـم لـيعمل بـعمل‬
true god! Verily, one of you would ‫أهـل الـجنة حـتى مـا يـكون بـينه وبـينها إلـى‬
perform the actions of the dwellers of
Jannah until there is only one cubit ‫ فــيعمل بــعمل‬، ‫ فيســبق عــليه الــكتاب‬،‫ذراع‬
between him and it (Jannah), when ‫ وإن أح ــدك ــم ل ــيعمل‬،‫أه ــل ال ــنار ف ــيدخ ــلها‬
what is foreordained would come to
pass and he would perform the
‫بــعلم أهــل الــنار حــتى مــا يــكون بــينه وبــينها‬
actions of the inmates of Hell until he ‫ فيس ـ ـ ــبق ع ـ ـ ــليه ال ـ ـ ــكتاب ف ـ ـ ــيعمل‬،‫إال ذراع‬
enter it. And one of you would perform
‫ب ـ ـ ــعمل أه ـ ـ ــل ال ـ ـ ــجنة ف ـ ـ ــيدخ ـ ـ ــلها" ))م ـ ـ ــتفق‬
the actions of the inmates of Hell, until there is only one cubit
between him and Hell. Then he would perform the acts of the ‫ الـخوف مـن‬:‫ بـاب‬:‫ كـتاب املـقدمـات‬. ((‫عـليه‬
dwellers of Jannah until he would enter it. Bukhari & Muslim ‫اهلل‬
( book of Miscellany, Chap 50, Fear of Allah

29
fl
the egg. Other scholars are of the opinion that the inviolable life
starts once the sperm fuses the egg and the product of their fuse
gets ready to receive life.

Abortion: Lawful or Unlawful?


There are different opinions of Muslims scholars regarding the
lawfulness and unlawfulness of abortion. Firstly, a few scholars
from four different madhÉhib (the four major Islamic juristic
schools of thought) argue that abortion can be carried out before
120 days. This opinion seems to be based on the assumption
that no life exists before 120 days since the soul is breathed
only after 120 days. Modern science, however, shows that there
Islamic Ruling on is a kind of life, even though it is not a complete life, as modern
equipment enables doctors to hear foetal heartbeats by the
Abortion eighth week. Secondly, some scholars are of the opinion that
abortion before 120 days is reprehensible (disapproved).
Thirdly, some other scholars are of the opinion that abortion
before 40 days is permissible but is ÍarÉm after 40 days.
However, the opinion of the majority of scholars, which is the
preferred one according to the four madhÉhib, is that abortion
after the beginning of pregnancy is forbidden other than for
some justifiable reasons, such as the pregnancies are the result
of rapes and incests. The difference between contraception and
abortion is that contraception is to avoid pregnancy; there is no
assault or crime against an existent human being, while abortion
is a direct assault against the life of an existing human being.
          
30
          
“The practice of intentionally ending a life in order to
relieve pain and suffering. The word "euthanasia" comes
straight out of the Greek -- "eu", goodly or well +
"thanatos", death = the good death.
It refers to the situation when a doctor induces the death
with a lethal injection, of a patient who is suffering
unbelievably and has persistently requested the doctor to
do so”.

“Also called mercy killing/Assisted suicide.


the act of putting to death painlessly or allowing to
die, as by withholding extreme medical measures, a perso
n or animal suffering
from an incurable, especially a painful, disease
EU or condition”.

Thanatos
31
support systems.

Euthanasia
Contemporary Biomedical Issues: An Islamic is also categorized as follows: Voluntary,
Perspective
involuntary, and non-voluntary.49
Euthanasia (mercy killing)
1. Voluntary euthanasia is a death brought about by an agent
The term ‘euthanasia’ is a combination of two Greek words 50
at the request
42
‘Eu’ and ‘Thanatos’ meaning a gentle and easy death. As such of the person who wishes to die.
it has no unfavorable ethical or religious 2. Involuntary
implications. euthanasia is the killing of someone who
It is the
meaning which the word has acquired as ‘mercy could consent
killing’ that but does not. Such an action is
indistinguishable
needs to be considered. Some of its definitions are as follows: from criminal homicide and the claim
that the motive for the killing is in ‘the best interests’ of
1- A quiet, painless death.43
the victim is irrelevant.51
2- The intentional putting to death by artificial means of
3. Non-voluntary euthanasia is the killing of an individual
persons with incurable or painful diseases.44
3- The act of killing someone painlessly,who has no capacity
especially to to understand what is involved, again
relieve suffering from an incurable illness.out
45 of kindness or a consideration of the patient’s ‘best
interests.’52
Any discussion of euthanasia must accept the fact that it
involves some form of active killing.46 People who are involved in Euthanasia usually are:
1-
Patients in a persistent vegetative state who are awake but
Types of Euthanasia: are not aware of themselves or the environment. Such
There are two types of euthanasia: Active and passive. Below is
patients have no higher brain functions and are kept alive
the meaning of each of these.
on artificial life support, such as respirators, heart-lung
a) Active euthanasia machines, and intra-venous nutrition.
Active euthanasia is usually taken to be2-an action
Patientperformed
in terminal illness who may or may not be subject
within a medical setting, which is done with tothelife-support
intention ofmachine.
3- intervention
terminating a human life. It is “an active People suffering
by a from great pain.
doctor to end life.”47

b) Passive euthanasia 48
Ibid., p.
Passive euthanasia tends to be used to describe the60withdrawal
49
Ibid.
or withholding of some necessary treatment
50 for the maintenance
Ibid.
51
Ibid.
52
Ibid. 32
Types of
Euthanasia

33
TYPES OF
PRACTICES
OF EUTHANASIA

34
https://www.youtube.com/watch?v=nw9d8nF-5CA

35
Islamic Legal Ruling Arguments
This kind of practice is prohibited in
Islam.
It is consider a suicide or murder if
the sign
of life of the patient is found.

36
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LEGAL OPINIONS

38
FCNA’s Fatwa-2018
“The Fiqh Council agrees with many individual scholars and national and international fatwa
councils in considering organ donation and transplantation to be Islamically
permissible in principle. All fatwas that have allowed transplantation have allowed
donation as well. Done with a good intention, organ donation may be regarded as a

Fiqh
rewarded act of charity. However, similar to the general themes within these other fatwas,
the Fiqh Council makes its general allowance subject to the following conditions:

Council 1) The prohibition of “selling”one’s organs: this is based on 3 Islamic concepts: trust
(amanah), dignity (karamah and hurma), and blocking the means (sadd aldharee`ah), and
includes the prohibition of receiving other material “bene ts”or “gifts”in return of the organ

of North donation.

America
a) The human body is a trust that Allah bestowed upon the human soul in this life and is not
considered a property. Based on this principle, a human is not allowed to kill him/herself (eg,
Quran 4:29), harm him/herself (eg, Quran 2:102) and—by analogy—sell him/herself or part
of him/herself. The Prophet (pbuh) prohibited the selling what one does not own (eg,
Tirmidhi 1232, Nasa’i 4613).

b) The concept of human dignity implies that body parts are not commodities that a human
sells to solve a nancial crisis or ful ll a basic need. Islam considers ful lling one’s basic
needs to be a “right”(haqq, eg, Quran 6:141, 17:26, 30:38, 51:19, 70:24) that the haves
owe the have-nots.

c) The selling of organs is already an objectionable international reality, especially in failed


states, refugee camps and states where migrant workers are most vulnerable. It is the duty
of Muslims to block the means to these crimes which preying on human vulnerability and
dire need.

39
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• 2) The prohibition of considerably “harming” • 5) Deceased donation must occur after cardiac such a state. The Fiqh Council calls its members
the donor or the recipient: this is a general determination of death: in all related previous and other scholarly bodies to do more research on
condition that was set by the scholarly bodies Fatwas and in the Council’s view, reference the subject. At pre- sent deceased donation when
based on numerous Quranic and Sunnah should be to medical experts in de ning death. permitted, in our view, occurs after determination
evidences that prohibit in icting harm as well of cardiopulmonary cessation.
as make removing harm an imperative. The
type and extent of the physical and •6) Prohibition of donating reproductive
psychological harm that donation and trans- organs: there is a consensus among major
plantation procedures entail must be assessed scholarly bodies on the prohibition of
by medical experts and conveyed to those donating organs related to fertility and
seeking to donors and recipients. In all cases, progeny. The Fiqh Council agrees with this
harm must be minimized, and the thresh- old view based on the higher objective of
of what harm can be tolerated in such Islamic law: the protection of progeny.
procedures, that is, the risk/bene t Thus donating ova and sperm, and even the
calculation, must be made on a case-by- case uterus, is not permissible.
basis and is determined by consultation
among physi- cians, patients and family •7) Other organs that can be donated:
members, and jurists as necessary. aside from the prohibition of donating a
vital organ while living or donating
• 3) The consent and authorization of the reproduc- tive organs, organs which if
donor: it is prohibited to use human organs removed would cause consider- able harm
without the prior authorization and informed to the donor via disability or high-risk of
consent of the donor him or herself. For mortality cannot be donation. Such
living donors, this authorization is required determinations must be made on a case-by-
explicitly, for deceased donors their prior https://www.youtube.com/watch?v=Y4r6zyjrwVc case basis. In general while living a
wishes for donation need to have been twinned, non- vital organ, for example,
documented and consultation of the family kidney, may be donatable unless it carries
(particularly the wali [guardian]) of the risk to the patient, as would a partial liver or
However, as mentioned above, there are different pan- creas donation. After death, bone, cornea,
potential donor’s understanding of these wishes
opinions in the medical eld itself when it comes and tissue may be donation. There are such risk-
needs to be considered.
to the de - nition of death. “Brain death”or calculators that can be used by medical
• 4) A vital organ must not be donated while neurological determination of death is a highly professionals, we urge potential donors to con-
living: there is a difference between a living and a contentious issue among medical scien- tists and sult donor advocate professional at transplant
deceased donor based on death having occurred, bioethicists, and indeed stirs controversy among centers to help understand their personal risks.
and there is controversy around whether Islamic jurists. Some Islamic scholars consider a person Islamic scholars have yet to research whether face
law recognizes “brain death”as legiti- mate. Thus, deemed to have met neurological criteria for death or partial brain transplants are allowed and thus
with respect to living donation, a vital organ, for as having met the standards for legal death in we also suspend judgment on ruling.”
example, heart, cannot be subject to donation for Islam, others hold the person to be in a dying but
the act of donation would become the proximate not dead state, and other reject neurologi- cal
cause of the donor’s death. This principle is criteria as too uncertain to meet Islamic legal
consistent with the “no harm”principle noted standards for death determination. Consequently,
above and corresponds with the secular medical based on caution (ihtiyat), the Fiqh Council does
ethics construct of the dead donor rule. not include brain death in the de nition of death,
and thus does not allow for extrac- tion of vital
organs (eg, the heart) for donation purposes in

40
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ISLAMIC RULING

41
Some Principles to consider

Seeking cure is an obligation..


Saving of life is a responsibility and duty.
Using the forbidden for Necessity is allowed..
Choosing the lesser of the Two evils is preferred..
Whatever is forbidden is Specifically mentioned by Allah in
the Qur'an.
We are warned not to forbid the things Allah has permitted.
The unlawful (‫ )الحرام‬must be proven by a valid evidence.
Almighty Allah has not directly or indirectly prohibited organ
donation or transplantation. In fact, He has encouraged the
saving of life at any cost.

42
LGBT
43
44
Some Better Facts

The LGBT network emerges throughout the


Muslim World and thrives in communal life via
the development of non-governmental
organisations (NGOs) dedicated to LGBT
rights.

Some Muslims are perplexed by the situation.


They don't have a clear position.

Some Muslims who have been influenced by


westernisation (human rights, pluralism,
liberalism, feminism) embrace moral
corruption in the Muslim world and the ideas
and actions of these deviant groups.

Muslims government have no plan viable


approach to address this issue. Some just
surrender to the dictates of the Western World
Order.

Scholars of Islam are not given adequate


freedom of express to debate the topic and
preach Islamic legal rulings on it. The Muslim
governments prefer to keep the issue as a
societal taboo.

45
Idrissa Gueye (Paris Saint-German footballer) … is absent from rainbow-
jersey game (supporting LGBT) May 2022

‣ MARTIN SAMUEL: Why Idrissa


Gueye should NOT be forced
to wear a rainbow shirt…
European football clubs want
the bounty of African talent,
without the complication of
African mores. This is the new
colonialism

46
Shinta Ratri, founder of the Pondok Pesantren Waria al-Fatah, boarding school for transgender people, in Java,
Indonesia. Photograph: Sebastian Strangio for the Guardian

47
“Lesbians are women who are Transgender “People who feel there is undergo these medical procedures
emotionally and sexually attracted to a difference between their birth gender sometimes think of themselves as
other women. The Greek poet Sappho, and the gender they truly are inside transsexuals, though often they prefer to
who lived during the sixth and seventh consider themselves transgender or be thought of and referred to simply as
centuries, wrote about loving other simply trans. They often choose to live the gender they are living as (male or
women. She was born on the island of life as the gender they feel they are, or, female) since transsexual is sometimes
Lesbos, and this is where the term in some cases, they don't identify as seen as an impersonal medical term.
lesbian comes from.” There are also
abbreviations for
Gay “Gay men are men who are people who change
emotionally and sexually attracted to their sex, like FTM
other men. (The word gay is also used (female to male) or
sometimes to mean homosexual in MTF (male to female),
general.) Back in the day, the word gay which are sometimes
meant “happy” or “carefree” and also used”.
the more negative “licentious,” which
means “lacking moral and sexual Queer Queer can
restraints.” describe people who
are any of the above
Bisexual “People who can be attracted or people who don't
to either sex are bisexual. Sometimes want to use any of the
people think bisexuals are equally An eruption of Mount Vesuvius (background) in A.D. 79 buried the these labels but know
ancient Roman city of Pompeii under volcanic ash and rock. they fall somewhere
attracted to both sexes, but this is not
necessarily the case. If you're open to along the LGBT
dating both men and women, even if spectrum or that they
any gender at all. Transgender people
you prefer one sex over the other, then don't t into the heterosexual norms.”
sometimes opt for medical treatment—
you can identify as bisexual (or bi). ((Source: Queer, by Kathy Beldge”)
like hormones and surgery—to actually
Sometimes people identify as bisexual change their sex so that their bodies
during a transitional stage before appear on the outside more like what
coming out as lesbian or gay.” they feel on the inside. People who

48
fi
“Transvestism The term
transvestism came into use following
the publication in 1910 of Die
Transvestiten (The Transvestites), a
work by German physician Magnus
Hirschfeld. The term originally was
applied to cross-dressing associated
with non heterosexual behaviour. It
also was used to describe cross-
dressing with intent to derive sexual
pleasure. Later in the 20th century,
however, transvestism was
distinguished from cross-dressing for
sexual excitement, which became
known as transvestic disorder, a
recognized mental condition. In
addition, transvestism often was
mistakenly associated with
homosexuality. Individuals who are Destruction of Pompeii

asexual, bisexual, heterosexual, or


homosexual may engage in cross- internal reproductive organs are individual has both ovarian and
dressing.” described by the term intersex. testicular tissue
Intersex conditions are sometimes
Hermaphroditism, the condition of also referred to as disorders of sexual
having both male and female development (DSDs). Such conditions
reproductive organs.” In humans, are extremely rare in humans. In
conditions that involve discrepancies ovotesticular disorder (sometimes
between external genitalia and also called true hermaphroditism), an

49
“Transvestism The term transvestism came into use following the publication in
1910 of Die Transvestiten (The Transvestites), a work by German physician
Magnus Hirschfeld. The term originally was applied to cross-dressing associated
with non heterosexual behaviour. It also was used to describe cross-dressing with
intent to derive sexual pleasure. Later in the
20th century, however, transvestism was
distinguished from cross-dressing for
sexual excitement, which became known
as transvestic disorder, a recognized mental
condition. In addition, transvestism often
was mistakenly associated with
homosexuality. Individuals who are asexual,
bisexual, heterosexual, or homosexual may
engage in cross-dressing.”

Hermaphroditism, the condition of having


both male and female reproductive organs.” In humans, conditions that involve
discrepancies between external genitalia and internal reproductive organs are
described by the term intersex. Intersex conditions are sometimes also referred to
as disorders of sexual development (DSDs). Such conditions are extremely rare in
humans. In ovotesticular disorder (sometimes also called true hermaphroditism),
an individual has both ovarian and testicular tissue.

50
The world's largest LGBT organization is the
International Lesbian, Gay, Bisexual, Trans and
Intersex Association (ILGA). ILGA embraces most
LGBT organizations around the world who share a
common goal. LGBT organizations around the
world are actively championing their group's rights
and collecting their members. At South East Asia as
in Singapore, LGBT groups set up a group called
People Like Us (PLU) to manage their activities while
Spider Network of LGBT
in Malaysia Seksualiti Merdeka group is seen as
an organization that is actively promoting the LGBT
agenda.

51
52
ADMONITION “And (remember) - EXCEPT HIS WIFE 83. Then conveyed to him, he began to
Lot (Lūt), when he said to his We saved Lot and his household argue with Our envoys to plead
people: “Do you commit an (who left the land upon Our with Us on behalf of the people of
indecency such as no people in all command) except his wife, who Lot.
the world have ever done before was among those who stayed
you?” (al-A’raf: 88) behind. 75. Abraham was indeed most
clement, tender-hearted, ever-
“the “Valley of Siddim.” The major - DIVINE PUNISHMENT 84. turning to God with all his heart.
cities were Sodom, Gomorrah, And We rained a destructive rain
Admah, Zeboim, and Zo’ar.” (of stones) upon them (those 76. “O Abraham! Cease from
who stayed behind). Then, look, this! For sure, the command of
- DEFINING PROBLEM “81. ” how was the outcome for the your Lord has already gone forth;
You come to men with lust in criminals committed to and there is coming upon them a
place of women. You are a accumulating sins.” punishment not to be turned
people committing excesses and back.” (Q; Hud)
wasteful (of your God-given ANGELS
faculties).”
81. They (the envoys) said: “O Lot!
- BANISH THE CLEAN 82. But We are envoys of your Lord. They
his people’s response was only will not reach you. So, set out with
that they said (to one another): your family in a part of the night,
“Banish them from your and let no one among you turn
settlement, for they are a few round (Qur’an: Hud, 81)
persons who make themselves
out to be pure!” THE SECOND PROPHET ““74.
So when the apprehension left
Abraham and the glad tiding was
53
54
THE GUESTS OF THE clean for you (to satisfy your that I could lean upon some
PROPHET desires in wedlock). Have strong support!”
fear of God,
“77. And when Our envoys
and do not
came to Lot, he was troubled
disgrace me in
on their account and felt
respect of my
himself powerless to protect
guests. Is
them, and he said: “This is a
there not
distressful day.” (Qur’an:
among you
Hud)
one right-
minded man?”

WHEN THE GUY FEEL OFFERING Allah’s Punishment is near to wrong doers

STRONG SOLUTION
81. They (the envoys) said: “O Lot!
We are envoys of your Lord. They will
78. His people came 79. They said: “You know
not reach you. So, set out with your
rushing to him, driven by well that we have no claim on family in a part of the night, and let no
their perverted desire, as your daughters; and you one among you turn round – all save
surely know well what we your wife, for that which is to befall
they had before that been
them will befall her as well.19 Their
committing such desire.” REJECTION OF appointed time is the morning. Is[…]”
abominations. Lot said: “O SOLUTION ALLAH’S SUPPORT TO HIS
my people! Here are my PROPHET
80. He said: “O! would that
daughters; they are utterly
I had power to resist you, or
55
Hadith of the Prophet ‫ﷺ‬

Narrated Abdullah Ibn Abbas: Narrated Ibn `Abbas:


َِّ‫ـول اهلل‬ ُ ‫سـ ـ ـ‬ ُ ‫ـال َر‬َ ‫ـال َقـ ـ ـ‬ َ ‫ َقـ ـ ـ‬،‫اس‬ ٍ َّ‫َعـ ـ ـ ِـن ا ْبـ ـ ـ ِـن َع ـ ـ ـب‬ ‫اس ـ رضـ ــى اهلل عـ ــنهما ـ‬ ٍ َّ‫َعـ ـ ِـن ابْـ ـ ِـن َع ـ ـب‬
ُ‫ص ـ ــلى اهلل ع ـ ــليه وس ـ ــلم " َم ـ ـ ْن َو َج ـ ـ ْدتُ ـ ـ ُـموه‬ ‫ـول اهللَِّ ص ـ ــلى اهلل ع ـ ــليه‬ ُ ‫سـ ـ‬ُ ‫ـال َل ـ ـ َع َن َر‬ َ ‫َق ـ ـ‬
ِ َ‫ـوط فَ ـ ــا ْقـ ـ ـت ُ ُلوا ا ْلـ ـ ـف‬
ٍ ‫َيـ ـ ـ ْع َم ُل َع ـ ـ َـم َل َقـ ـ ـ ْوم ِ ُل ـ ـ‬ ِ ‫س‬
،‫اء‬ ِ ‫ني ِم ـ َن الـ ِّـر َجـ‬
َ ِّ ‫ـال ِبــال ـن‬ َ ‫ش ـبِّ ِه‬ َ َ ‫وســلم ْاملُت‬
‫اع ـ ـ َـل‬
ِ ‫الر َج‬ ِ َ ِّ ‫ات ِم َن الن‬ ِ ‫شبِّ َه‬
. " ‫ول ِب ِه‬ َ ‫َو ْاملَفْ ُع‬ ‫ال‬ ِّ ‫ساء ِب‬ َ َ ‫َو ْاملُت‬
Allah's Messenger (‫ )ﷺ‬cursed
The Prophet (‫ )ﷺ‬said: “If you nd
those men who are in the
anyone doing as Lot's people did, similitude (assume the manners)
kill the one who does it, and the one of women and those women who
to whom it is done.” : Sunan Abi are in the similitude (assume the
Dawud 4462 manners) of men.
Grade: Hasan Sahih (Al-Albani)
Sahih al-Bukhari: book of Dress

Homosexuality Transvestism

56
fi
Homosexuals
Angels
Lut’s Wife
Prophet Ibrahim
LGBT
Prophet Lut
Unbelievers
Believers

57
Environmental
Ethics
58
Environmental ethics is the part of environmental
philosophy which considers extending the
traditional boundaries of ethics from solely
including humans to including the nonhuman
world. It exerts influence on a large range of
disciplines including law, sociology, theology,

What is?
economics, ecology, and geography.
Environmental ethics says that we should base
our behavior on a set of ethical values that guide

Environmental our approach toward the other living beings in


nature. Environmental ethics is about including
the rights of nonhuman animals in our ethical
Ethics and moral values. Even if the human race is
considered the primary concern of society,
animals and plants are in no way less important.
They have a right to get their fair share of
existence.
Source:https://link.springer.com/referenceworkentry/10.1007/978-3-642-28036-8_2

59
60
Meaning of Earth

61
Think With Me
list down the Islamic principles for the conservation of the

Natural
Environment IPCNE

62
63
Values | Principles Rules Institutions
Tawhid (Oneness of 1.The averting of harm takes precedence Masjid
Creator) over the acquisition of benefits.
Amanah (trust) 2.A private injury is accepted to avert a Madrasa
general injury to the public.
Mizan (balance 3.The lesser of two evils should be chosen. Hisbah
Ayah (Sign) 4.Dire necessity renders prohibited things Waqf
Itqan (perfection) permissible. Bayt al-Mal
5.Every necessity shall be assessed
Adl (justice) according to its value. Khilafah
Ma‘ruf (beneficial) 6.Necessity which is permitted on account of Shura
Essence of Umam an excuse ceases to be permissible with the Hima
cessation of that excuse.
Accountability Usrah
Hidayah (Guidance) Jama’ah
Fitrah (human
nature)

64
Islamic Legal
Rulings

65
Man-Nature relationship

1.A relationship of meditation,


consideration, and contemplation of
what Allah has created around us and
the universe.
2.A relationship of sustainable
utilization, development, and usage
for man’s benefit and for the fulfillment
of his needs.
3.A relationship of care and nurture for
man’s good works are not limited to
the benefit of the human species, but
rather extend to the benefit of all
created beings; and “There is a reward
in doing good to every living thing.”
(Shih al-Bukhari)

66
MAN-NATURE RELATIONSHIPS:
THREE MAIN PRINCIPLES

67
Early Muslims Concern About
conservation of natural Sources
Drawing of the wudhu' machine
designed and described by al-Jazari
in his Book of Knowledge of Ingenious
Mechanical Devices(‫الـجامـع بـني الـعلم والـعمل‬
‫)ال ــناف ــع ف ــي ص ــناع ــة ال ــحيل‬completed in 1206.
This hand washing device is an
elaborate machine of ingenious
engineering intended to prevent
waste of water.

Source: Salim al-Hassani (Chief Editor), 1001 Inventions:


Muslim Heritage in Our World (Manchester, FSTC, 2006, p.
20).

68
INSTITUTIONS OF ENVIRONMENT
PROTECTION: HIMA hima is a
reserved pasture, where trees and
grazing lands are protected from
indiscriminate harvest on a
temporary or permanent basis.
It existed in the Middle East before
Islam; but it was treated as a
private reserve for power ful
chieftains who were said to have
used it as a tool of oppression. With
the emergence of Islam, its
function changed; it became a
property dedicated to the well-
being of the whole community
around it.

69
REQUIRED READINGS

70
Ethics in
Information
Communication
Technology
& Social Media

71
Motive
Process
“The ethical dimension of the ICT practice has two distinct elements: process and product. Process
concerns the activities of ICT professionals when undertaking research, development, and service/
product delivery”

Product
Product concerns the outcome of professional ICT endeavour. One of the issues of ICT is
to avoid systems being used for inappropriate secondary reasons, for example, a security
system which has been implemented to reduce the risk of property theft being used
additionally to monitor employee movement. Another issue is the thirst of the ICT
industry to add more and more facilities in future system releases. Both issues are
illustrations of unwarranted function creep. The emphasis should be on accessibility
and transparency of information systems so people can use them more easily and can
understand, where necessary, how such systems work internally. One nal issue
regarding product is to do with the increasing use of non human agents based on
complex systems. Such agents might interact with humans, for example, those used on
the Internet to enable e trading, or they might interact with each other, for example agents
which monitor the environment and order other agents to take remedial action if necessary.

Reference: Simon Rogerson, Information Systems, De Montfort University


The Oxford Handbook of Management Information Systems: Critical Perspectives and
New Directions
Edited by Robert D. Galliers and Wendy L. Currie

Print Publication Date: Jul 2011


Subject: Business and Management, Technology and Knowledge Management
Online Publication Date: Sep 2011
DOI: 10.1093/oxfordhb/9780199580583.003.002

Impact

72


fi
73
74
75
Social Media Information Literacy (SMILE)

76
77
78
Case-Study

Lecturer Conversation with IIUM student: ICT Ethics (2022)


79
80
81
"Do not trade
in our market
unless you
have full
understanding
about religion
and trading."
(Narrated by Tirmidzi, no 487, p 129; Albani:
Hasan)
UMAR IBN AL-KHTAB

82
Business
Ethics
Scope

83
1. Allah provide abundance of sustenance
2. Islam urge people to earn their
sustenance.
3. Islam forbid laziness employability
4. Sustenance is not wealth only.
General 5. Allah is The Guarantor of people’s
Principles sustenance
6. Abundance of wealth is not necessary
fruit of Allah’s love
7. Allah is The Manager of people’s wealth
8. Sustenance increases with obedience of
Allah and reduces by disobedience.
9. Hastening the earning through unlawful
ways deprive people from the lawful
one.

84
Primary Injunction
Promotion of trade and
cooperation.
Prohibition of rib and of
profiting without risk.
Prohibition of gharar and
maysir.
Requirement of charity and
altruistic acts.

85

1. Business activity is encouraged only within a total commitment to God
2. Business activity should be done with a conscious effort to not inflict
harm on others
3. Business activity should be conducted with a sincere intention to benefit
the other parties
4. Profit maximization and accumulated savings are not encouraged as
there are other activities that are more worthy in life
5. Justice to workers
6. Not overworking them
7. Forgiveness of mistakes
8. The principle of no harm Justice to business partners
9. Fair pricing
10. Fair advertising/no deception No profiteering
Refe: New Conceptual Foundations for Islamic Business Ethics: The Contributions of Abu-Hamid Al-Ghazali

Yusuf Sidani • Akram Al Ariss, J Bus Ethics | DOI 10.1007/s10551-014-2136-5 (2014)

86
1. If a person needs a thing, one should give it to him, making as
little profit as possible.
2. If a man purchases anything from the poor, it is more graceful to
pay him more than the original price. However this is not the case
with the wealthy person.
3. In realising one’s loans, one must act benevolently by giving the
debtors more time to pay his debt, and if possible one should
make reduction from the original amount of debt so as to provide
relief to the debtor.
4. People who want to return the goods they have purchased
should be permitted to do so.
5. It is preferred that a debtor pays his loan without being asked to
do so, and if possible long before the due time.
6. In selling something on credit, the seller should be generous not to
press for payment for the customer who is unable to pay on the
agreed terms.
Source: Ahmad Badri Abdullah , AN ANALYSIS OF ISLAMIC JURISPRUDENCE (FIQH) AS APPLIED
ISLAMIC ETHICS , (ICR 5.2 Produced and distributed by IAIS Malaysia ), p. 196.

87
Baytul-Mal


The State Treasury (Bait-ul-Mal) is the competent
authority in charge
of all the State’s revenues and all the expenditures for
which the Muslims are eligible. So every property, be it land,
buildings, minerals, money, or merchandise for which the
Muslims are entitled, according to the divine rules, but the person
entitled for its ownership has not been designated though the
area upon which it is spent is determined; such property would
be a rightful property of Muslims’ Treasury, regardless of
whether it is already in the sanctuary of the Treasury or not.
Likewise, every property due to be spent upon its beneficiaries
and rightful owners, or in the interests of the Muslims and their
affairs, or in carrying the Islamic Daw’ah; all such funds area
duty upon the treasury, regardless of whether the funds are
spent or not. Therefore, the Treasury in this context, is the
competent authority.. (Abdul- Qadeem Zalloomp, Funds in The
Khilafah State, London, Khalifa Publications1988 14)

88
89
90
Role of Bayt al-Mal in the Wellbeing
of the Community
91
Islamic nancial System
IFS Islamic nancial system is based upon a commerce
law known as qh al-mu’amalat. This law considers issues
of social justice, equity, and fairness in all business
transactions, and promotes the entrepreneurship, protects
the property rights and emphasizes the transparency of
contractual obligations according to divine law of Allah and
his last messenger Muhammad (PBUH). It is based on
Shariah approved products which do not involve Riba
(interest/usury), gharar (uncertainty), maisir (gambling), and
non-halal (prohibited) activities. Although Islam has allowed
the pro ts, but the pre-determined x amount of returns is
not allowed. Risk of loss and variability of pro ts must be
faced to get the returns.

R.T. Ariss, Competitive conditions in Islamic and


conventional banking: A global perspective, Review
of Financial Economics, 19 (3) (2010), pp. 101-108

92
fi
fi
fi
fi
fi
fi
93
“The word “Riba” means excess,
increase or addition, which
correctly interpreted according to
Shari‘ah terminology, implies
any excess compensation without
due consideration (consideration
does not include time value of
money)”
Ref. https://islamicmarkets.com/
education/types-of-riba

94
“O those who believe, fear Allah
and give up what still remains of
the Riba if you are believers. But
if you do not do so, then be
warned of war from Allah and
His Messenger. If you repent
even now, you have the right of
the return of your capital;
neither will you do wrong nor will
you be wronged.” Al Baqarah
2:278-9

95
Forms of R-Riba

96
97
98
99
RibÉ and Islamic Financing: Some Issues and Implications

Injunctions on RibÉ in the Qur’Én


The first injunction of the Qur’Én stresses that ribÉ does not
increase individual or national wealth, but quite the opposite, it
decreases wealth.
Ethics and Fiqh for Everyday Life: An Islamic Perspective
            
increases the prosperity and stability of men and nations; a
        
dependence on usury would merely encourage a race of idlers,
(39 :) cruel blood-suckers, and worthless fellows who do not know
“That which you give in usury in order that it may their own good and therefore, are like those who are driven to
increase in other people’s property has no increase with madness.17 Then it admonishes the believers to refrain from
Allah; but that which you give in charity, seeking Allah’s interest or else they shall suffer evil consequences both in this
countenance, has increased manifold.” (30:39) world and in the Hereafter.

In the second injunction, the Muslims were reminded to obey          
Allah’s command regarding interest or suffer the same fate as
the Jews who were forbidden in their scripture to take interest            
but they continued to do so.            
           *           
(161 :)  
  
             
“That they took usury, though they were forbidden; and (276275 :)
they devoured people’s wealth wrongfully; we have “Those who devour usury will not stand except as stands
prepared for those among them who reject faith a one whom the Satan by his touch hath driven to madness.
grievous punishment.” (4:161) That is because they say: Trade is like usury; but Allah
hath permitted trade and forbidden usury. Those who
In the third injunction, the Muslims were told not to take after receiving admonition from their Lord desist, shall
compound interest if they wish to gain real success in life. Allah be pardoned for the past; their case is for Allah (to
(s.w.t.) says: judge); but those who repeat (the offence) are
companions of the fire; they will abide therein forever.
           Allah will deprive usury of all blessing, but will increase
for deeds of charity, for He loves not any ungrateful
(130 : )   sinner. (2:275-276)
“O you who believe! Devour not usury, doubled and
multiplied; but fear Allah; that ye may (really) prosper” The final injunction prohibited interest and declared it
(3:130). unlawful in a Muslim society.
The fourth injunction distinguishes between trade and ribÉ             
(interest) and points out that legitimate trade or industry
          * 
   *       
163
17
See footnote 325 of The Holy Qur’Én, English translation of the meanings
and commentary, (The Presidency of Islamic Researches, IFTA, Call and
Guidance, King Fahd Holy Qur’Én Printing Complex, n.d.), p. 126.
100
164
➡ The wrath of Allah and his
messenger
➡ It corrupt society
➡ It cause improper appropriation
of other people’s property.
➡ It causes negative growth
➡ It weakness human sense of
responsibility
➡ It demeans and diminish human
personality
➡ It generate injustice

101
102
Islamic banks differ greatly from regular commercial banks in
their uses of funds. They provide finances on the basis of
financial transactions permitted by the SharÊÑah. These financial
practices include: muÌÉrabah, mushÉrakah, murÉbaÍah, bayÑ
mu’ajjal, (deferred sale), bayÑ salam, ijÉrah, lease purchasing
financing and qarÌ Íasan. These financial operations are
explained below:37

1. MuÌÉrabah
This is a financing technique in which the owner of the capital
provides funds to the capital-user for some productive activity
on the condition that profits generated will be shared between
them. The loss, if any, incurred in the normal process of the
business and not due to neglect or misconduct on the part of the
capital-user is borne by the capital-owner. The user does not
invest anything in the business except his human capital and
does not claim any wage for conducting the business. The ratio
in which profits are distributed is fixed and predetermined, and
known in advance to both parties. In the event of loss, the
capital-provider loses his capital to the extent of the loss, and
the user of the finance loses all his labor. The willingness to
bear the risk of loss justifies a share in the profit for the finance-
provider. The profit-sharing ration mutually agreed upon
between finance-provider and finance-user is determined by
market forces. The finance-user guarantees to return funds only
on two conditions: if he is negligent in the use of the funds or if
he breaches the conditions of muÌÉrabah.38

2. MushÉrakah
This is a financing technique in which a capital-owner finances
investment in another party’s business. Additional finance is
36
Ibid., p. 19.
37
Development and Problems of Islamic Banks, pp. 19-21. 103
38
Islamic Banking, pp. 13-14.
proportion of the capital invested by each party. The profit-
sharing ration is subject to the mutual agreement and may be
different from the ration in which the two parties (finance-
provider and user) have invested in the total capital of the
project. This is because the two parties may share the work of
managing the project in any amount mutually agreed upon.
Both parties are allowed to charge a fee or wage for any
management or other labour put into the project. All providers
of capital are entitled to participate in management, but are not
necessarily required to do so. The mushÉrakah is continuous if
the partnership lasts as long as the business operates.39 Ethics and Fiqh for Everyday Life: An Islamic Perspective

3. MurÉbaÍah 4. BayÑ Mu’ajjal


This is a cost-plus contract in which a client, wishing to purchase This literally means sale on a deferred-payment basis. Delivery
equipment or goods, requests the Islamic bank to purchase the items of goods, inputs, or implements is made immediately and the
and sell them to him at a certain cost plus a declared profit. By this price agreed upon is paid by the purchaser at a given date in the
technique, a party needing finance to purchase certain goods gets the future. The price includes the cost, plus a reasonable margin of
necessary finance on a deferred payment basis. The finance- profit to cover the administrative cost. The concept is based on
provider does the purchasing of the required goods and sells them a mark-up in price and is also known as murÉbaÍah.
on the basis of a fixed mark-up profit, agreeing to defer the receipt The SharÊÑah permits a trader to sell goods for cash or on
of the value of the goods even though the goods can be delivered credit on the condition that the price, once agreed upon by the
immediately. The need for finance of the person who needs funds to parties at the time of bargain, is not changed even if the payment is
purchase certain commodities is, thus, met. His purchase is not made at the due date. Mark-up on mark-up, that is
financed, and paid for at some later date, though he may end up compounding the amount of profit is not permitted. If this
paying more than he would have paid if he had had his own money condition is not fulfilled or is violated, the transaction degenerates
to purchase the goods. The desire of the finance-owner to earn into ribÉ. BayÑ mu’ajjal, in a form acceptable to the SharÊÑah, lacks
income on his capital is also met. He makes profit in terms of the any deterrent for defaulters. The only guarantee of timely payment
mutually agreed upon marked up price.40 is the credit worthiness of the purchaser.41

39
5. BayÑ al-Salam
Islamic Banking, pp. 13-14. The term bayÑ al-salam means advance payment or forward
40
Ibid., p. 15.
buying and is authorized by Prophet Muhammad (p.b.u.h.). The
salam contract is the sale of a good to be delivered to the
177 purchaser at a future date, which must be set at the time of the
contract. According to normal rules and regulations, no sale can
be effected unless the goods are in existence at the time of the
104
bargain, but this sort of sale forms an exception to the general
105
“Multi-Level Marketing (MLM) is an activities
that included three or more levels that supply the
product to practitioners of the MLM to be
promoted to the consumers. Compensation is
earned by practitioners in MLM based on the
supply of the product to consumers whose
participate or not participate in the MLM. A
legitimate MLM activity will focuses on the
supply of products rather than the recruitment of
participants into MLM”
[Ref. Mohd Shahril Ahmad Razimi, 2Abd Rahim Romle and 3Ummu Noor
Habibah Yahya Multi-Level Marketing from Islamic Perspectives, World
Journal of Islamic History and Civilization, 7 (1): 12-16, 2017.

106
Pyramid Schemes
“Pyramid schemes absolutely
different with the Multi-Level
Marketing business. Their main
income source is through the
recruitment of a new member or
participant. In this business
plan, the products will be
offered but it may have only a little value and the commission is
very low compared to the MLM business plan because their
income is derived primarily from the registration fees of new
participants. In order to attracting more members, pyramid
schemes offer a huge wealth and nancial securities to their
participants”.
[Ref. 1Mohd Shahril Ahmad Razimi, 2Abd Rahim Romle and 3Ummu Noor Habibah Yahya Multi-Level
Marketing from Islamic Perspectives, World Journal of Islamic History and Civilization, 7 (1): 12-16,
2017. 107
fi
Real Objective In MLM

“The real objective of such a business is to obtain the commissions earned from
introducing new members to the company and not to earn pro ts from the sale of
the products themselves. They attract customers by the promise of large returns
against the payment of a relatively modest initial sum that is often represented as the
“price of the product”. The product this company is marketing, however, is merely a
pretext to obtain commissions and to pro t from those commissions. This pyramid
scheme, no matter how long it lasts, will eventually come to an end. The subscriber
is going into this pyramid scheme not knowing where he ranks in it; whether he will
be in one of the higher tiers that will receive large pro ts or in one the lower tiers
that will lose out. As a matter of fact, the majority of the subscribers will be losers
and only a minority will pro t. Thus, loss in such schemes predominates, and this is
the nature of transactional uncertainty”.
Ref. [http://education111.blogspot.my/2011/10/shariah-issues-in-multi-level-
marketing.html]

108
fi
fi
fi
fi
“There are several committees fatwa such as
Saudi Arabia, Jordan, and Sudan that banned
the MLM business. Based on Fatwa no.
22935, dated 3rd May 2004, they just
concluded that MLM is the same with
pyramid schemes which is the purpose of
this business is to earn commission instead
of selling the products. This is supported by
Indonesian Fiqh Council which concluded in
their fatwa that MLM business is haram if
the MLM operates by accumulating funds
from the public as capital for the business
and promises xed return every month”
[Ref. 1Mohd Shahril Ahmad Razimi, 2Abd Rahim Romle and 3Ummu Noor
Habibah Yahya Multi-Level Marketing from Islamic Perspectives, World
Journal of Islamic History and Civilization, 7 (1): 12-16, 2017.

109
fi
“There are four main reasons this business is banned in Arabic
countries[7, 8]. Firstly, it consist riba al-fadl which involves an
exchange of goods of the same type but of different quantity.
Secondly, it consist gharar in the transactions because the
success of the members does not depend on product sales but
instead on the number of successful downlines recruited under
him. Thirdly, it consist zulm which is the unlawful consumption
of people’s wealth. And lastly, it consist deception which is the
even though real reward is attributed only to the recruitment,
some up-lines use a tangible products as a alibi to convince
more people that there is a legitimate business”.
[Ref. Mohd Shahril Ahmad Razimi, 2Abd Rahim Romle and 3Ummu Noor Habibah Yahya
Multi-Level Marketing from Islamic Perspectives, World Journal of Islamic History and
Civilization, 7 (1): 12-16, 2017.

110
6. Aqad In Direct Selling
Fifteen (15) 7. Contractual Mutuality.
Requirements by 8.Benefits Of Being
JAKIM Participant.
1. Registered and 9.Product Criteria.
licensed. 10.Product Pricing.
2. Direct Selling In Written 11. Reward System.
Form. 12.Consultation With
3. Cooling-off period. Shariah Advisory.
4. Nominal Membership 13.Training Programs.
Fees. 14.Return And Buy-back
5. Intention Of Becoming Policy.
A Consumer. 15.Termination Policy.

111
112
113

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