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ETHICS AND FIQH FOR

EVERYDAY LIFE
(UNGS 2050)

STANDARD CONTENTS
Department of General Studies, 2012

Structure and Foundations of Ethics in
Islam
WEEK 1
Definition
Definition: Literally: Derived from Greek ethos, means
character.
Technically:
The field of study that has
morality as its subject matter.
(Branch of science)

Ethics

The values or rules of
conduct held by an individual or a
group = morality/ morals
3
Ethics / ilm al-Akhlq/ al-Akhlq
Ethics in Arabic is ilm al-Akhlq (science of
morality), which is the branch of knowledge that
studies akhlaq (morals).

al-Akhlq (the plural of khuluq/

) refers to morality,
which means a nature, or an innate disposition or
temperament.

The proper signification of khuluq is the moral
character; or the fashion of the inner man; his mind
or soul and its peculiar qualities and attributes.
4
Cont.
according to Abdul Qadir al-Jurjani is
a deep (rasikha) state of the self (hayaa nafs)
produces acts, behavior with ease with no need
of sophisticate thinking and reflection (fikr wa
rawiyah) (Ref. Kitab Tarifat)
Cont.
Al-Ghazali calls ethics, the science of the path of
the Hereafter (ilm tariq al-akhirah), or the path
trodden by the prophets and righteous ancestors
(al-Salaf al-Salih).

He also calls it the science of practical religion
(ilm al-muamalah).

6
Cont.

Ethics for al-Ghazali is the study of certain religious
beliefs (itiqadat) and of rightness and wrongness of action
for the purpose of practice and not for the sake of mere
knowledge.

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.
7
Major Concerns
The nature of ultimate values = ethical principles.

The standards by which human actions can be
judged as right or wrong, good or bad.
8
Major Concerns

a) The nature of ultimate values (ethical
principles).
b) The standards by which human actions can be
judged as right or wrong, and good or bad
(ethical judgments),[1]

[1] Encyclopedia Britannica, Vol. 18, p.492.

9
Importance of Ethics in Islam
Morality/ good moral character is:
- The spirit of Islam
- The validation and authentication of Iman

1- Morality as the spirit of Islam
What is Islam?
Good relationship among human
beings = good morality.

Good relationship with Allah in its
spiritual sense.
10

:


( )
The Prophet (s.a.w.) said: I have been sent (as the
Messenger of Allah) only for the purpose of perfecting good
morals. (hadith, al-Bukhari)

A Muslim is as stated in the following hadith:
:
( )
The Prophet (s.a.w.) said: A Muslim is the one who
avoids harming Muslims with his tongue and hand
(hadith, al-Bukhari)
11
Cont
Even pure worship (ibadat) is for moral
purposes. Examples:
al-Salah:
...

( : 45 )
And establish regular prayer; for prayer restrains
from indecency and evil (29: 45)

al-Zakah:
...

( : 103 )
Take alms of their wealth, so that it may purify
and sanctify them. (9: 103)
12
Cont
al-Siyam:

( : 183 )
O you who believe! Fasting was made compulsory for
you, as it was made compulsory for those who
preceded you, so that you may become righteous. (2:
183)
al-Hajj:
...

( : 197 )
whoever determines the performance of the
pilgrimage therein, there shall be no lewdness
(depravity) nor abuse nor angry conversation on the
pilgrimage(2: 197).
13
Cont
Even pure worship (ibadat) is for moral purposes.
Examples:
al-Salah:
...

( : 45 )
And establish regular prayer; for prayer restrains
from indecency and evil (29: 45)

al-Zakah:
...

( : 103 )
Take alms of their wealth, so that it may purify
and sanctify them. (9: 103)
14
Cont
Morality as validation of Iman

Definition of Iman:
:

. ( )
Iman has over sixty branches (parts): the highest of which
is the belief that nothing deserves to be worshipped except
Allah and the lowest of which is the removal from the way of
that which might cause harm to anyone. And modesty (haya
) is a branch of it. (hadith)

15
Morality as validation of Iman


Conviction Foundation


Profession Declaration


Practice Validation
16
Morality as validation of Iman
: [ :
] : [
]
"Three are the signs of a hypocrite: When he speaks, he
lies; when he makes a promise, he breaks it; and when he
is trusted, he betrays his trust. (Al-Bukhari and Muslim)
Another narration adds the words: "Even if he observes
Saum (fasts), performs Salat (prayer) and claims to be a
Muslim.
Lacking in good morals = Lacking in faith (iman)

( (
The most perfect believer in faith is the one who is best in
moral character. .. (al-Tirmidhi)

The level of faith (iman) is proportional to the level of
morals
17
He who believes in Allah and the Last Day of Judgment is
forbidden to cause any harm to his neighbour, is to be kind to
his guests especially the strangers, and is to say the truth or
else abstain. (hadith)

:
( )

None of you will have faith (will be a true believer) till he
wishes for his (Muslim) brother what he likes for himself.
(hadith)
Good morals are conditions of validity of
Iman
18


( : 1 - 3 )
I swear by the time, Most surely man is in loss, Save those
who believe and do good works, and exhort one another to
truth and exhort one another to endurance. (103: 1-3)


( : 82 )
Those who have Faith and work righteousness. They are the
ones who shall be rewarded with Jannah. therein they shall
have an everlasting life. (2: 82)

19
Cont
Why we have to be moral people?
Spiritual benefits:

Good morals = voluntary worship
A believer by virtue of his good morals may attain the
status of one who fasts (voluntary fast) regularly and
performs prayer at night. (hadith)

The dearest one to Allah:
When the Prophet (saw) was asked: Whom Allah likes most
amongst His subjects? He replied: The one who
possesses superior moral qualities. (hadith)

20
Good morals eliminate sins bad morals spoil
virtues
Courtesy and good morality melt the sins just like
water melts the ice. And immorality spoils good deeds
as vinegar spoils honey. (hadith)

A certain woman is famous for her voluntary prayers,
fasting and charities, but she harms her neighbours.
She is in Hell. Another woman does not do much by
way of voluntary prayers and fasting and she gives
pieces of cheese in charity but she does not harm her
neighbours. She is in the Paradise. (hadith)
21
Social benefits:

Stable, secure, and harmonious society
Directing civilization to a just end (civilization = to do what
can be done. Ethics = what should be done, what should not
be done)
Strong and peaceful family life
Good leadership
Building good reputation
Wining hearts of people
22
Commitment To Values
Fear Allah wherever and whenever you are (obey his
obligations and avoid his prohibitions) and follow your
sins with virtues so that it will eliminate it, and treat
people with high morals. (hadith)
Do not follow others blindly and say: if people do good,
we do good too, and if they do injustice, we do too.
Rather, make up your minds for yourselves and if people
do something good, do it too, but if they do something
unjust, do not do it yourselves. (hadith)
23
Structure of Islamic Ethics
1. Spiritual training and its enhancement.
2. Academic / Intellectual training.
3. Moral training and its enhancement.
4. Practical training and the application of
morality.


1. Spiritual Training and Its Enhancement
Spiritual
training
To be closed
To
Allah
Reciting and
Understanding
The
Quran
Obeying/
Practicing
Life of the
prophet
Following
Lessons from
Pious
People
Observing
Salat al-
Nawafel
&
Fasting
Purifying
The soul, faith
And
actions
2. Academic / Intellectual training
Academic
training
Sensitivity
&
consciousness
Motivation
&
Determination
Attaining
Knowledge
and
Doing virtues
Lives of
Sahaba
&
Salihin
Improving
Relationship
With
Allah
Love of the
Prophet
Thought for
Life after
death
3. Practical Training and Its Enhancement
Practical
Training

Companionship
Of
Good
Striving and
Searching
The truth
Establishment
Of
adalah
Social change
&
Social
Training
Enjoining
&
Forbidding
Setting up
As a model
4. Moral Training / Application
Moral
Training
Reform of
Self

Prophets
Excellent
example
Divine
religion
As the
source
Enjoining
&
Forbidding
As a means
Performing
an
Obligatory
acts
Fields Of Ethics

Normative Metaethics Applied
Normative ethics:
- Seeks to set norms and standards for conduct
- General theories about what one ought to do.

Metaethics:
Systematically studies the meanings of ethical terms
and of judgments used in normative ethics.

29
Fields - continued
Applied ethics:
Application of normative theories to practical moral
issues/ problems.

Examples:
- Obedience to parents
- Right to life
- Justice
- Cooperation
30

THE RELATIONSHIP BETWEEN
ETHICS, FIQH AND LAW
WEEK 2
Morality / Ethics and Law
Both law and morality are the basis of actions.
Law provides a series of public statements (a legal code),
or system of dos and donts to guide humans in their
behavior and to prevent them from doing harm to others
and violating their rights.
Morality provides a similar system though might not be in
written form.
Morality provides reasons behind any significant laws
governing human beings and their institutions.
Morality precedes law.
Law is taken to be concerned with acts, rather than
attitudes.
The mere fact of having ethical intentions is not really the
sort of thing about which you can have a law.
32
In morality, by contrast, bad intentions may sometimes
amount to a moral wrong. On the other hand, good
intentions are in themselves good values.
Morality is wider than law. What is moral is not necessarily
enforced through law. But there are some things which are
governed by law (driving on the left or right side of road)
which are presumably matters of indifference from a moral
point of view.
33
Cont

Islamic Law:
- Law should be a reflection of Islamic morals.
- Laws, rules and regulations are not supposed to be
against Islamic moral principles

Secular Law:
The relationship between law and morality is not
entirely reciprocal. What is moral is not necessarily
legal and vice versa.
Many practices have been inscribed in the law, that
are clearly immoral (e.g., homosexuality, same sex
marriage, mercy killing, abortion, usury, changing
munkar ).
34
Conformity between Morality and Law
Sanctions: If you break the law, you may be fined or
imprisoned or executed. Various bureaucracies exist
precisely to hand out legal sanctions. If you do something
that is morally wrong (but not also illegal), however, no
similar bureaucracy is going to come after you.
Instead, according to the Revealed Religion you suffer a
punishment on the Day of Judgment.
In non-religious worldviews you may suffer the sense of guilt
in your own conscience, or your reputation may be
jeopardized, or you may be blamed by people.
35
Cont.
Morality and Etiquette
For the most part, etiquette pertains to norms that are of
little ethical significance.
It concerns form and style rather than the essence of social
existence.
Etiquette determines what is polite behavior rather than what
is right behavior in a deeper sense. It represents societys or
religions decision about how we are to dress, greet one
another, eat, celebrate festivals, express gratitude and
appreciation etc.
36
Inculcation of Moral Values

1. Willingness and Determination (Azm).
2. Motivation (Raghbah & Rahbah).
3. Training and habituation (Tadrib).
4. Environment (Biah).
37
38

- To account and improve ones character in light of the Quran
- To reinforce the character as a result of acting frequently
accordingly, and considering it to be satisfactory.

A believer sees his sins as if he were sitting under a


mountain which, he is afraid, may fall on him; whereas the
wicked person considers his sins as flies passing over his
nose and he just drives them away like this. (hadith)
1. Willingness and Determination (Azm)
2. Motivation (Raghbah & Rahbah)

To remember rewards & punishments
Models & Ideals
Reciting the Quran
Reading Sirah
Reading the biographies of pious people
39
3. Training and Habituation (Tadrib)

Acquiring a good character by habituation requires constant
perseverance. One who wants to acquire a good character by
relying on this method must engage in a moral struggle
(mujahadah) and constantly persevere (must be ready to take
pains) until a certain good act or character is acquired and a bad
one refined.
An action will be considered to have become ones nature and
habit if he or she feels pleasure in performing it.
40
Cont
According to Imam al-Ghazali:
1) Obtainment of pleasure is the criterion for the acquisition of
a virtue (al-Fadhilah).
2) Perseverance in good deeds throughout life is necessary.
One who feels joy when performing a good act is therefore
considered to have succeeded in his or her struggle to
acquire a good act.
One who feels joy when performing a good act does not
hesitate to perform it.
Habituation as a method of achieving a good character is
found in many ethical works of philosophers. Thus Imam al-
Ghazali is not the only one who has discussed this method.
For Imam al-Ghazali this method is regarded as the most
effective and usual way of acquiring good qualities of the
soul and it is applied by him in every part of his ethical
system.
Cont
Cont
The Prophet (s.a.w.) said: Adopt truth, for truth leads to
righteousness, and righteousness leads to Jannah. A person
speaks the truth regularly and adopts truthful ways till he is
recorded as a truthful person. And keep away from
falsehood, for falsehood leads to wickedness, and
wickedness leads to the Hell. A person tells lies regularly and
attaches himself to falsehood till he is recorded as a liar.
(hadith, al-Imam al-Nawawi, Riyad al-Salihin)
43
Truth righteousness Jannah
Tell truth regularly truthful person

Falsehood wickedness Jahannam

Tell lies regularly liar
44
Cont

( : 91 )
Satan's plan is (but) to excite enmity and hatred between
you, with intoxicants and gambling, and hinder you from
the remembrance of Allah, and from prayer: will ye not
then abstain? (5: 91)
45

CORE MORAL VALUES IN ISLAM
WEEK 3
47
The Prophet (s.a.w.) said: The person who does not keep
trust has no Iman (faith) and the person who does not
respect his covenant [promise] has no religion. (hadith)

The Prophet (s.a.w.) also said: The signs of a hypocrite are
three:
1. Whenever he speaks, he tells a lie.
2. Whenever he promises, he always breaks it (his promise ).
3. If you trust him, he proves to be dishonest. (If you keep
something as a trust with him, he will not return it.)"
(Hadith, al-Bukhari)
47
The Concept of Amanah/ Trust
48
The Prophet (s.a.w.) was asked: "When would the Hour
(Doomsday) take place?" He replied: "When honesty is lost,
then wait for the Hour (Doomsday). (Hadith)
In another hadith the Prophet (s.a.w.) was asked: How will
that (honesty or trust) be lost? The Prophet (s.a.w.) said,
When the power or authority comes in the hands of unfit
persons, then wait for the Hour (Doomsday.) (hadith)
(Doomsday = chaos = disorder)
48
Cont
49
What is Amanah?
49
Amanah
Responsibility Honesty
Sincerity
Trustworthiness
50
- To fulfill ones responsibility towards his Lord as well as to
that of humans.

- To be honest and sincere in doing things.

- To keep deposits properly and use them according to the
terms and conditions of the owner.
- Antonym for Amanah is Khiyanah (betrayal)
50
Cont
51
Aspects of Amanah
51
Vicegerancy
Family
Deposits
Secrets
Work/ public office
Wealth & abilities
Amanah
52
1. The Amanah of Taklif:
To inhabit this world
to be vicegerents of Allah
to fulfill the purpose of our creation
to implement His laws on this earth

( : 72 .)
We offered the trust unto the heavens and the earth
and the hills, but they shrank from bearing it and
were afraid of it. And man assumed it. He was
indeed tyrannous and ignorant. (33: 72)
52
Cont
53
2. The Amanah of Family
To fulfill our responsibilities towards our family members
and provide them with guidance and maintenance,

The Prophet (s.a.w.) said: Every one of you is a guardian
and every one will be asked about his subjects... A man is
the guardian of the persons in his household and he will
be answerable about them. A woman is the guardian of
her husbands house and she will be asked about her
responsibility (hadith)
53
Cont
54
3. The Amanah of Returning Deposits to Their
Owners:

{

... } ( : 58 .)
Surely Allah commands you to render back trusts to
their owners. (4: 58)

4. The Amanah of Keeping Secrets:
Maintaining secrecy and confidentiality of what is
required to be confidential is a trust.
The Prophet (s.a.w.) said: What is said in meetings
and meant to be confidential is a trust. (hadith)
54
Cont
55
5. The Amanah of Work and Public Office:
The Prophet (s.a.w.) said: Whomsoever we have given
some post and he has concealed a needle or a thing
smaller than that, then it will be a misappropriated thing
with which he will have to appear on the Day of Judgment.
(hadith)
The Prophet (s.a.w.) also said: When the administrator is
given a job, he should receive his due and should pay the
dues of others, then he is like a fighter in the cause of Allah
till he returns home. (hadith)
55
Cont
56
6. The Amanah of Wealth and Abilities:

".

The Prophet (s.a.w.) said: Before the end of the Day of
Judgement everyone will be questioned about the following:
(1) In what did he spend his life?; (2) What did he do with his
knowledge?; (3) From where did he get his wealth and
on what did he spend it?; and (4) In what did he use his
physical and mental faculties? (hadith)
56
Cont
57
Adl (Justice) means to place things in their rightful places.

The term adl implies:
Giving people what they deserve,
Impartiality,
Saying the truth,
Avoiding oppressing others,
Avoiding bias and prejudice,
Being balanced in ones views and judgements.
57
THE CONCEPT OF JUSTICE (ADL)
58
Forms of Expression in the Quran

- al-Adl () and its derivatives = 10
(2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8),
(6:152), (42: 15)

- al-Qist () and its derivatives = 18
(3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29),
(10: 4, 47, 54), (11:85), (21: 47), (55: 9), (57:25), (5:
42), (49: 9), (60: 8).
- (balance)
58
Cont
59
Forms of Justice
59
Judging between people
Sayings
state of mind/
way of thinking
way of treating
people
Justice
60
To be impartial in judging between people (more in legal
ethics)

{

}
( : 58 .)
Surely Allah commands you to render back trusts to their
owners and that when you judge between people you judge
with justice; surely Allah admonishes you with what is
excellent; surely Allah is Seeing, Hearing. (4: 58)
60
1.Justice in Judging between People/Judicial
Justice:Judges, mediators, arbiters

61

{

} ( : 42 .)
Listeners for the sake of falsehood! Greedy for illicit gain! If
then they have recourse unto you (Muhammad) judge
between them or disclaim jurisdiction. and if you turn aside
from them, they shall not harm you in any way. But if you
judge, judge between them with equity; surely Allah loves
those who judge equitably. (5: 42)
61
Cont
62
To say the truth and bear witness with justice:

- With enemies:

{

} ( : 8 .)
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)
62
2. Justice in Sayings
- Justice With enemies:

{

( 8 ) }
( .)
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)
63


( 135 )
( )
O you who believe! stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be against rich or
poor: for Allah can best protect both. Follow not the lusts
(of your hearts), lest you will be deviated from the right
way (4: 135)
64
65
- Against oneself & relatives
{

} ( : 152 .)
And when you speak, then be just though it be against a
relative (6: 152)

( : 135 )
O you who believe! stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be against rich or poor:
for Allah can best protect both. Follow not the lusts (of your
hearts), lest you will be deviated from the right way (4:
135)
65
Cont
66

a) To avoid oppressing others and abusing their rights
b) Social and economic justice:
- People should be given equal opportunities.
- People must be given the right to private
ownership and freedom of economic pursuit.
- The wealth of the individuals should be fully protected.
- Redistribution of wealth / Zakah + charity.
66
3. Justice in Treating People
67
- Social welfare fund:

( : 7 )
That which Allah gives as spoil unto His messenger from the people of the
townships, it is for Allah and His messenger and for the near of kin and
the orphans and the needy and the wayfarer, so that it may not become
a commodity between the rich among you. And whatsoever the
messenger gives you, take it. And whatsoever he forbids, abstain (from
it). And keep your duty to Allah. Surely Allah is stern in reprisal. (59:7)
67
Cont
68
c) Political justice:
- Shurah: people have right to decide how to and
who is to manage their affairs.
- Fair representation of different groups.

(d) J ustice on the family level:
- Justice between children
Nu'man b. Bashir reported: My father donated to me
some of his property. My mother said: I shall not be
pleased with this act until you make Allah's Messenger
(s.a.w.) a witness to it.=
68
Cont
69
=My father went to Allah's Messenger (s.a.w.) in order to
make him the witness of the donation given to me.
Allah's Messenger (saw) said to him: Have you done
the same with every son of yours? He said: No. The
Prophet (saw) said: Fear Allah! And observe justice
among your children. My father returned and got back
the gift. (hadith)
69
Cont
70
- Justice to wives/ husband

{

} ( : 3 .)
And if you fear that you cannot act equitably towards
orphans, then marry such women as seem good to you, two
and three and four; but if you fear that you will not do justice
(between them), then (marry) only one or what your right
hands possess; this is more proper, Thus it is more likely that
you will not do injustice. (4: 3)
70
Cont
71


( : 129 )

You will not be able to be completely just between wives,
even if it is your ardent desire. But dont turn altogether
from one, leaving her as in suspense. If you do good and
keep from evil, Allah is ever forgiving, merciful. (4:129)
71
Cont
72
e) Justice in weighing and measuring:

( : 35 )

And give full measure when you measure, and weigh
with a right balance; this is fair and better in the end.
(17: 35)

72
Cont
73

To be moderate and balanced in our views, especially in
making judgments on things and people.

This would be achieved through looking at both merits and
demerits of things and persons, considering the
consequences, weighing between benefits and harm,
understanding the causes and reasons behind peoples
actions, etc.
73
4. Justice as a State of Mind/ Way of Thinking
74

a-On the Individual Level:
1. To keep in mind the dire consequences of injustice

{

( 42 )

( 43 ) } ( )
And do not think Allah is unaware of what the unjust do; He
only respites them to a day on which the eyes will stare in
terror. As they come hurrying on in fear their heads upraised,
their gaze returning not to them, and their hearts vacant.
(14: 42-43)
74
Requirements of Justice
75

( : 41 - 42 )
And whoever defends himself after his being oppressed,
there is no way of blame against them. The blame is only
against those who oppress mankind, and act in defiance of
right and justice (and wrongfully rebel in the earth) these
shall have a painful punishment. (42: 41-42)
75
Cont
76
2. To Distance Oneself from Oppressors

( : 113 )

And do not incline to those who are unjust, or the Fire
will seize you, and you have no guardians besides
Allah, then you shall not be helped. (11:113)
76
77
3.To examine whatever we hear before acting
against people on mere suspicion


( : 6 )
O you who believe! If an untrustworthy person comes
to you with any news/ report, look carefully into it, lest
you harm people in ignorance, then be sorry for what
you have done. (49:6)
77
78

( : 12 )

O you who believe! Avoid most of suspicion, for
surely suspicion in some cases is a sin. (49:12)
78
Cont
79
b- On Societal Level:

( : 25 .)
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)
79
80
1- The Book: that refers to the just and perfect laws.

2- The Balance: that refers to the knowledge and
wisdom of the judge by which he can weigh
contradictory pleas and evidences to come out with
a 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.
80
Cont
81

Placing something not in its proper place
To go beyond the limit of what is morally or legally acceptable
To exceed the limits of our rights / power / authority
To cause harm and injury to others.

( : 49 )
Nay, here are Signs self-evident in the hearts of those
endowed with knowledge: and none but the unjust reject
Our signs. (29:49)
81
Injustice / Tyranny / Zulm
82

Cause of injustice:
Hatred enemies + opponents
Love and favor relatives + cronies
Self-interest and greed
Ignorance
Hasty decisions

82
Cause of Injustice vs. Requirements of
Justice
83
Injustice leads to bankruptcy:

When the Messenger of Allah asked: Who is a bankrupt?
His companions answered that the bankrupt is one who has
no money. He said: In my Ummah, the bankrupt is that
man who would appear on the Day of Judgment before
Allah; he had offered prayer; he had paid Zakah; he had
observed fast; but he would have abused somebody, he
would have falsely accused some one;=
83
Cont
84

=he would have unlawfully taken some one elses property; he
would have murdered some one; he would have hit some
body. All his virtues would be given to his victims. If his
virtues are finished before his wicked deeds are finished,
then the sins of the victims would be given to him and he
would be thrown into the Hell. (hadith)
84
Cont
The concept of Khayr/Birr
(righteousness) and Ithm/Sharr (vice).
WEEK 4

1. The Concept of Birr (Virtue) vs. Ithm (Vice and Evil)
2. Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar
(Enjoining Virtues and Forbidding Evil)
86
The Concept of al-Birr vs. al-Ithm

Al-birr ()= al-khayr () = Virtue, righteousness,
goodness, benevolence

Al-ithm () = al=Sharr ()= Vice, evil

The Prophet (s.a.w.) said: Virtue is what the soul is pleased
with, and sin is what kindles doubt in yourself and
indecision in your chest when you give your decision.
(Hadith, taken from al-Ghazali, Mishkat al-Masabih, Vol.3,
p. 131.)
87
A virtue, from an Islamic perspective, can be defined as: a belief,
act or saying that is useful and beneficial to mankind and in
compliance with the divine law.

Virtues, in Islam, can be classified under the following categories:
1- Observing the obligations enjoined by Allah (s.w.t.) and those
acts recommended by Him to be performed.
2- Refraining from those acts and sayings that are prohibited by
Allah (s.w.t.).
87
Cont
88
3- All acts which are helpful and beneficial to oneself,
his family, relatives, human beings and animals.
Birr towards oneself.
Birr towards family and relatives.
Birr towards community members and humanity.
Birr towards other creatures.
Birr towards Allah, The Creator of this universe.
88
Cont
89
A vice (sin) is any belief, act or saying that is harmful to
mankind and against the principles of divine law. Vices/sins
can be classified under the following categories:
1 - Neglect of obligations and duties without legal justification.
2 - Commission of prohibited acts and sayings.
3 - Abusing the rights of others and causing undue harm
(physical or psychological) to them (any kind of harm which
is not in retaliation to another harm or which is necessary to
remove evil, tyranny or a greater harm).
89
Cont
90
4- Taking the property of someone without his consent.
" : ."
The Prophet (s.a.w.) said: The blood, property and honour of a
Muslim must be sacred (forbidden) to every other Muslim.
(hadith)

Ithm (sharr) towards oneself.
Ithm (sharr) towards family & relatives.
Ithm (sharr) towards community members & humanity.
Ithm (sharr) towards other creatures.
Ithm (sharr) towards Allah.
90
Cont
91

( : 8 - 15 )
So hearken not to those who deny (the Truth). Their desire is
that thou shouldst be pliant (compromise): so would they be
pliant. Heed not the type of despicable men,- ready with oaths, A
slanderer, going about with calumnies, (Habitually) hindering (all)
good, transgressing beyond bounds, deep in sin, Violent (and
cruel),- with all that, base-born,- Because he possesses wealth
and (numerous) sons. When to him are rehearsed Our Signs,
"Tales of the ancients", he cries! (68: 8-15)
91
Cont
92
Allah's Messenger (s.a.w.) said: A charity is due on every
joint of a person, every day the sun rises: Administering of
justice between two men is a Charity; And assisting a man
to ride upon his beast (vehicle); Helping him load his
luggage upon it; And a good word is a charity; Every step
that you take towards Prayer is a charity; Removing of
harmful things from the pathway is a charity. (hadith)
Allah's Messenger (saw) said: Never does a Muslim plant
trees or cultivate land and birds or a man or a beast eat out
of them but that is a charity on his behalf. (hadith)
92
Cont
93
:

:
: . :

We were with the Messenger of Allah (s.a.w.) during a journey. He went
to ease himself. We saw a bird with her two young ones and we
captured her young ones. The bird came and began to spread its
wings. The Apostle of Allah (peace be upon him) came and said: Who
grieved this for its young ones? Return its young ones to it. (hadith)
93
Cont
94
:

.

Allah's Messenger (s.a.w.) 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)
94
Cont
95

( : 177 .)
95
Cont
96
It is not righteousness that you turn your faces (in
prayer) towards East or West (2:177)
1. Avoid superficial concepts and rituals, lifeless
formalities and non-effective beliefs.
Righteousness is not merely a matter of void
utterances. It must be founded on strong Iman and
constant practice.
96
Cont
97
...


( : 189 )
It is no virtue if you enter your houses from the back: it
is virtue if you fear Allah. Enter houses through the proper
doors: and fear Allah: that you may prosper. (2: 189)
but it is righteousness to believe in Allah and the Last Day,
and the Angeles and the Book, and the Messengers (2:
177)
2. Ones Iman (faith) should be true and sincere.
97
Cont
98
to spend of your wealth in spite of your love
for it for your kin, for orphans, for the needy, for
the wayfarer, for those who ask, and for the ransom
of slaves (2: 177)

( : 92 )
3. One must be prepared to show this Iman (faith) in
deeds of charity and kindness to the relatives and
fellow men.
98
Cont
99
to be steadfast in prayer and practice regular
charity;
4. To fulfil religious obligations


to fulfill the contracts which you have made;
5. Respect others rights and honour ones words
99
Cont
100
and to be firm and patient, in pain and
adversity, and throughout all periods of
panic... (2: 177)

6. One must be patient and unshakable
in all circumstances.
100
Cont
101


( : 110 )

You are the best of the nations raised up for (the benefit of)
men; you enjoin what is right and forbid the wrong and
believe in Allah. (3: 110)
101
Al-Amru bi al-Maruf wa al-Nahyu An al-
Munkar
(enjoining good and forbidding evil)
102
Al-Amru bi al-Maruf
Al-Amr: to invite to, to encourage, to promote,
to spread, to command, to
enforce.

Al-Maruf: acceptable
Al-Birr, al-Khayr, virtue, goodness

Al-Amru bi al-Maruf
Inviting people to do goodness
Spreading & promoting virtues
Enforcing goodness

Al-Amru bi al-Maruf = Dawah = advice
102
103

Al-Nahyu an al-Munkar

Al-Nahy: to discourage, to advise not to do
something, to prevent, to prohibit

Al-Munkar: disagreeable
evil, vice

al-Nahyu an al-Munkar:

To discourage/ advise not to do
To prevent/ combat
103
Evil/Indecency
104
Levels of
Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar
104
Society
Relatives
Family
105
Means and ways of
Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar

Model = by being a model of Islamic
morals & values
Verbal = words, advice
Writing = newspaper, magazine, books,
novels, cartoons, etc.
Media = all programmes that promote
virtues and goodness, and
combat evil and indecency.
105
106
Changing Munkar
: :

( ." )
On the authority of Abu Said al-Khudri (r.a.), who said: I heard the
Messenger of Allah (s.a.w.) saying: He who amongst you sees
something abominable should modify it with the help of his hand; and if
he has not strength enough to do it, then he should do it with his
tongue, and if he has not strength enough to do it, even then he should
abhor it from his heart, and that is the least of faith. (hadith, Muslim)
106
107
Whose duty is?

Individual /Community duties

( : )
"O my son! establish regular prayer, enjoin what is just, and forbid
what is wrong: and bear with patient constancy whatever betide
thee; for this is firmness (of purpose) in (the conduct of) affairs.
(31:17)

( : 104 )
And there may spring from you a nation who invite to
goodness, and enjoin right conduct and forbid indecency. Such
are the ones to attain felicity. (3: 104)
107
108

(
: 110 )
You are the best of the nations raised up for (the benefit of) men;
you enjoin what is right and forbid the wrong and believe in Allah.
(3:110)

( : 71 (
The Believers, men and women, are protectors one of another:
they enjoin what is just, and forbid what is evil: they observe
regular prayers, practise regular charity, and obey Allah and His
Messenger. On them will Allah pour His mercy: for Allah is
Exalted in power, Wise. (9: 71)
108
Cont
109
Significance of
Al-Amru bi al-Maruf and al-Nahyu an al-Munkar

1- A constant reminder for Muslims
To help each other to follow the guidance of Allah, and
keep on the right path.
{

} ( : 55 )
And continue to remind, for surely the reminder
benefits the believers. (51: 55)
{

} ( : 1 - 3 )
I swear by the time, most surely man is in loss, save those
who believe and do good works, and exhort one another to
truth and exhort one another to endurance. (103: 1-3)
109
110
2- To safeguard the society against
corruption & evil

A way for:
- Social
- Moral change
- Political

110
111
To protect our selves & families

The Prophet (s.a.w.) said: The example of the people abiding by Allah's
order and restrictions in comparison to those who violate them is like the
example of those persons who drew lots for their seats in a boat. Some
of them got seats in the upper part, and the others in the lower. When the
latter needed water, they had to go up to bring water (and that troubled
the others) so they said, 'Let us make a hole in our share of the ship (and
get water) saving those who are above us from troubling them. So, if the
people in the upper part left the others do what they had suggested, all
the people of the ship would be destroyed, but if they prevented them,
both parties would be safe.(hadith)
111
Cont
112
112
People with good morality
Immoral people

Cont
113
3- To avoid Allahs punishment

{

}
( : 25 .)

And guard yourselves against a punishment
which cannot fall exclusively on those of you
who are wrongdoers, and know that Allah is
severe in punishment. (8: 25)
113
114

The Prophet (s.a.w.) said: "By no means, I swear by
Allah, you must enjoin what is good and prohibit
what is evil, prevent the wrongdoer, bend him into
conformity with what is right, and restrict him to
what is right Or Allah will mingle your hearts
together and curse you as He cursed them.
(hadith)
114
Cont
115
Abu Bakr (RA) said:
You people recite this verse You who believe,
care for yourselves; he who goes astray cannot
harm you when you are rightly-guided, (5: 10)
and put it in its improper place.
I heard the Prophet ( ) saying: When people see
a wrongdoer and do not prevent him, Allah will
soon punish them all.
115
Cont
116
4- Salvation of Mankind

{

}
( : 110 )

You are the best of the nations raised up for the
benefit of mankind; you enjoin what is right and
forbid the wrong and believe in Allah. (3: 110)
116
117
What should we do
if people are not listening?

...

( : 164 )
a group of them said: Why do you preach to a people
whom Allah will destroy or visit with a terrible punishment?"
The preachers said : "To discharge our duty to our Lord,
and perchance they may fear Him." (7: 164)
117
118
Is this concept against personal
freedom?

Islam does allow constructive interference in
personal affairs of others.
What if personal affairs are violating the rights of:
1. Allah.
2. Society.
3. Individuals.
118
119
It is no longer a Personal freedom :
When you violate the rights of others.
When you injure other s feelings.
When you commit indecency (munkar) openly.
When you encourage people to do evil.

119
Cont
120


( : 19 )
Those who like to see scandals and indecency
broadcast/ spread among the believers, will have
a grievous penalty in this life and in the Hereafter.
Allah knows, and you do not know. (24: 19)
120
Cont
121
How it should be practiced?

In an impressive & convincing manner
In a wise way, so that it may not:
- Make people feel offended
- Lead to a greater evil

( :
125 )
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)
121
122

To avoid words-deeds inconsistency

( : 2 - 3 )
O ye who believe! Why say ye that which ye do not?
Grievously odious is it in the sight of Allah that ye say that
which ye do not. (61: 2-3)
122
Cont
123
Can one punish the offenders?

One should:
Prevent an offence or evil from
taking place.
Stop it.
Punish the offender.
123

FAMILY ETHICS
WEEK 5
124
Meaning of Family Ethics

1. The relationship between husband
and wife.
2. The relationship between parents
and children.
125
125
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 a legal contract. Islam prescribes rules to
regulate family life so that both the spouses can live in
tranquility, security and love.
126
126
The Institution of Family in Islam
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 become true vicegerents of Allah (God) on
earth.

Islam considers marriage to be one of the most
virtuous and approved institutions.
127
127
Cont

Family as a Divinely-inspired institution
Marriage has been described as one of the signs of Allahs
power and blessings:

( : 21 )

"And among His signs is that He has created for you
spouses from among yourselves so that you may live
in tranquility with them; and He has created love and
mercy between you. Verily, in that are signs for those
who reflect."(30:21)
128
128
Family in Islam: Basic Principles
Cont.
- Marriage is part of the Prophets Sunnah:
Marriage is part of my Sunnah whoever
runs away from my path, is not from
amongst us. (Hadith)

- Faith constitutes the bedrock for the
institution of the family a Muslim is not
permitted to marry a non-Muslim.
129
129
Cont

Family institution as a social contract (nikh
means aqd contract, and not a divine
contract in the Qur`n marriage is referred to
(strong covenant)

The only legitimate way to establish family is
through a proper marriage.

Equality of the sexes
130
130

1. Prohibition of looking with desire at the opposite
gender.
2. People should be dressed properly.
3. Prohibition of excessive beautification
4. Prohibition of khalwah
5. Prohibition of boyfriends, girlfriends

131
131
Measures to Avoid Intimate Relationship
Outside the Bond of Marriage
1- Prohibition of looking with desire at the
opposite gender


*...

...
( : 30 - 31 )
Say to the believing men that they lower their looks
and guard their private parts; * And say to the
believing women that they lower their looks and guard
their private parts (24: 30-31).
132
132
2- People should be dressed properly
133
What is a proper dress?
a) It must cover the awrah properly. It is
prohibited for a Muslim to expose his / her awrah
to others, as it is prohibited to look at the awrah
of someone.

The Prophet (s.a.w.) said: A man should not look
at the awrah of another man, nor a woman of a
woman, nor should a man go under one cloth
with another man, nor a woman with another
woman. (Hadith, Muslim)
The limits of awrah:
- For a man: from his navel to his knee.
- For a woman:
with respect to a man who is not her mahram is her
entire body except her face and hands.
with respect to a man who is her mahram (except
the husband) does not include the following parts: hair,
ears, neck, upper part of the chest, arms and legs
up to knees.
134
Cont
- Other parts from the knees to the beginning of the upper part
of the chest are awrah and should not be exposed before
anyone, man or woman except her husband.
- Headscarf must cover the bosom

...
( : 31 )
and do not display their ornaments except what appears
thereof, and let them wear their head-coverings over their
bosoms, and not display their ornaments (24: 31)
135
Cont
b) It must not be transparent, revealing what is
underneath it.
In one hadith the Prophet (s.a.w.) says: I will be a
witness for two types of people who are destined for
the Fire: people with whips, like the tails of cows, who
beat the people (i.e., tyrannical rulers who are the
enemies of their own people), and women who,
although clothed, are yet naked, who would be
inclined (to evil) and make people incline towards it
their hair styled like the humps of camels inclined to
one side. They will not enter Paradise and they would
not smell its odour whereas its odour would be smelt
from such and such distance. (Hadith, Muslim)
136
136
Cont
c) It must be loose and not tight-fitting so as to define the
parts of his / her body.
- This type of clothes falls under the previous Hadith dressed
but yet naked.
- Tight jeans and other types of trousers worn with sweaters,
sweat-shirts or T-shirts are considered un-Islamic and it is
prohibited for a Muslim woman to wear them outside even
during free time.
d) It should not be specifically designed for the opposite
gender.
The Prophet (s.a.w.) cursed women who try to resemble
men and men who try to resemble women, and prohibited
women from wearing mens clothes and vice versa. (Hadith,
Al-Bukhari and others)
137
137
Cont
e) It should not be specifically designed for non-
Muslims (as required by their religion, tradition, or
culture). It does not apply to those clothes which are
common among people and dont carry any religious
or cultural specifications.
The Prophet (saw) said: Whoever imitates a people
is one of them. (Hadith)
f) Men should not use gold and pure silk.

138
138
Cont
Excessive beautification excites people, e.g.
(heavy) make-up, (strong) perfume, and sexy
clothes.
139
139
3- Prohibition of excessive beautification

( : 31 )
and let them not strike their feet so that what
they hide of their ornaments may be known
(24: 31)
According to a hadith, when a woman puts on
perfume and goes among people so that its
scent reaches them, she is an adulteress, and
any eye which is attracted to her is that of an
adulterer. (Reported by al-Nisai)

Khalwah denotes a man and womans being alone together in
a place in which there is no fear of intrusion by anyone else,
so there exists an opportunity for sexual intimacy.
Islam prohibits khalwah between a man and a woman who
are outside the mahram relationship.

The term mahram denotes a relationship either by close
blood ties or by marriage of such degree that marriage is
permanently prohibited.

A mahram is: husband, any male relative with whom
marriage is permanently prohibited (father, father in-law,
grandfather, son, brother, uncle or nephew).
140
140
4- Prohibition of Khalwah (Privacy)
The Prophet (s.a.w.) said: Whoever believes in Allah and
the Last Day must never be in privacy with a woman without
there being a mahram (of hers) with her, for otherwise Satan
will be the third person (with them). (Hadith, Ahmed)

The Prophet (s.a.w.) also said: Beware of entering where
women are. A man from the Ansar asked: O Messenger of
Allah, what about the in-law? He replied: The in-law is
death. (Hadith, al-Bukhari and Muslim)
141
141
Cont
- It is against the prohibition of looking with desire at
the opposite sex
- It entails privacy (khalwah)
- This practice is automatically accompanied by
having romance or even sex.


142
142
5- Prohibition of boyfriends, girlfriends
The Prophet (s.a.w.) said: A woman is married for four things, i.e.,
her wealth, her family status, her beauty, and her religion. So
you should marry a woman for her religion or you will be a loser.
(Hadith, al-Bukhari)

The Prophet (s.a.w.) said: When someone with whose religion
and character you are satisfied asks for your daughter in
marriage, accede to his request. If you do not do so there will be
corruption and great evil on the earth. (Hadith, al-Tirmidhi)
143
143
Criteria of Selecting Spouses

- Religion.

- Character.

- Family status.

- Beauty.

- Wealth.


144
144
Cont

Mutual Rights and Obligations

1. To help each other to follow the right way and
practice Islam and safeguard him / her against evil
and sins

( : 6 )
O you who believe! save yourselves and your families
from a fire whose fuel is people and stones, over which
are set angels strong, severe, who do not disobey the
commands they receive from Allah, but do what they are
commanded. (66: 6)
145
145
2. To be kind, understanding, forgiving, and treat the other
side in a tender and loving manner.

: :

( " : .)
The best of you are those who are the best to
their families, and I am the best to my family.
(Hadith, al-Tirmidhi)

3. To meet the psychological and physical needs of the other
side.
146
146
Cont
4. Focus on positive aspects and appreciate them. Avoid
focusing on negative ones and try to tolerate them.
The Prophet (s.a.w.) said: A believer should not hate his
wife merely because she has some negative traits. If he
finds some disagreeable things in her character, he will
appreciate a lot of her good morals. (Hadith, Muslim)
5. Every side has to avoid any extramarital intimate
relationship, or such relations that may cast suspicion
on his/her behaviour.

147
147
Cont
Duties towards children
1 - Selection of good parents.
2 - Right to legitimacy: legitimate father and mother,
prohibition of legal adoption: the right of the child to retain
his original familys name and to know his real parents.
3 - Right to life (prohibition of infanticide, abortion).
4 - Right to equal life chances (no discrimination between
male and female).
5 - Right to general care: material, spiritual, and educational
/ intellectual.
148
148
ISLAMIC VALUES RELATED
TO
DIFFERENT PROFESSIONS
WEEK 6
149
150
Legal ethics are the principles of conduct that members
of the profession are expected to observe in the practice
of law. Legal ethics is reflected in the following
professions:
- Judges
- Public prosecutors
- Lawyers
150
LEGAL ETHICS
151
Who is the judge?

A Judge is a public officer chosen or elected to preside over
(governe or control) and to administer the law in a court of
justice; one who controls the proceedings in a courtroom
and decides questions of law or discretion. One who makes
a decision or reaches a conclusion after examining all the
factual evidence presented, or one who forms an opinion
after evaluating the facts and applying the law.
151
JUDGES
152
Who can be qualified as a judge?
- A judge must be a conscientious person who
is self-determined to serve justice and
protect the rights of people.
- A knowledgeable person who has acquired
all the requisites of being a judge.

152
Cont
153

."
( : .)
Judges are of three categories: two of them in the Hell and
one in Paradise. The first is one who, knowingly, judges with
injustice, that is in the Hell Fire. The second is one who is
ignorant and judges among people without knowledge, thus
he violates their rights. He is also in the Hell fire. The third is
one who judges with justice. He will be in Paradise. (Hadith)
153
Cont
154
1- To judge with justice
What is a just decision?
a- To do ones best to reach a just decision
When a judge gives a decision, having tried his best to
decide correctly and is right, there are two rewards for
him; and if he gave a judgment after having tried his
best (to arrive at a correct decision) but erred, there is
one reward for him.
154
Ethics and Values of a Judge
155
b- To base the decision on the evidence available
You bring to me, for judgment, your disputes and
some of you may be more eloquent in their plea than
others, so I give judgment on their behalf according to
what I hear from them. Bear in mind that if I slice off
anything for him (in my judgment) from the right of his
brother, he should not accept that, for I sliced off for
him a portion from the Hell.

c- Self satisfaction that this is the right decision
155
Cont
156
a) Without fear:
-To be a person of principles
- To be independent to avoid all types of
pressure
- To be ready to reverse his wrong decisions

b) Without favour:
- Should not sit in a case in which:
- he has personal interest
- close relatives involved
- Neutral = not influenced by personal enmity
156
2- To administer justice without fear or favour
157
- Fair & equal hearing
When you sit to judge between two litigants, dont make a
decision only after an equal hearing from both sides.
- Avoid accepting gifts / bribes
Allah cursed the briber and the bribed in making
judgments.
- Should not make a decision when his mind is confused
with anything that may prevent him from sound thinking.
- Patience; not to misuse his power against litigants or
lawyers.
- To try to get the parties to reconcile whenever there is a
chance for that.
157
Cont
158
Who is a public prosecutor?
A Public Prosecutor is a government official who conducts
criminal prosecutions on behalf of the state. A prosecutor
takes charge of the investigation once a crime has been
committed, presents evidence at a hearing before a grand
jury, and questions witnesses during the trial.
A public prosecutor has:
- To balance between protecting the rights of the society & the
rights of the accused.
158
Public Prosecutor
159
- To punish people according to the offence committed.
- To avoid selective prosecution motivated by personal /
political affairs
- To avoid fabricating evidence or accusations
- To avoid suppressing pieces of material evidence
- Not to prosecute in cases where they have personal
affairs, or close relatives involved.
- To avoid bribes
159
Cont
160
Who is a lawyer?
A Lawyer is one whose profession is to give legal advice and
assistance to clients and represent them in court or in other
legal matters. Hence, he is a person, who through a regular
program of study, is learned in legal matters and has been
licensed to practice his or her profession. Any qualified
person 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.
160
Lawyers
161
a- The idea of advocacy
- Lack of legal skills to defend their rights
- Complicated laws and procedures
b- Advocacy aims at:
- Helping people to get/ defend their rights
- Helping the accused to get a fair trial
- Helping judges to examine cases and reach
just decisions
c- Duties of lawyers:
1- Toward justice & society
2- Towards clients
161
Cont
162
1- Lawyers duty toward justice & society:

To secure justice between people:
i. Not to engage himself in tactics that may defeat the fair
administration of justice
ii. Not to hide the truth
iii. Not to fabricate evidence
iv. Not to cross-examine an adverse witness in such a way to
undermine or destroy his true testimony
v. Not to invoke the rules of evidence to exclude points
that would weigh against his case which he knows they
are true
162
Cont
163
2- Duties toward clients:
- To fulfil contracts & promises
- To be honest & sincere in defending them
- To be honest in advising them
- To defend them to the best of his abilities
- No right to drop/ waive any right of his client
without permission
- No admission of guilt on behalf of his client
without authorization
- No disclosure of confidential communications
- To be lenient and helpful towards poor clients
163
Cont
164


( : 105 - 109 )

164
The Policy of a Muslim Lawyer in Taking
Cases of Court
165
We have revealed the Book to you with the truth that you
may judge between people by means of that which Allah has
taught you; and be not an advocate on behalf of those who
betray their trust (treacherous). And seek forgiveness of
Allah. Surely, Allah is ever Forgiving, Merciful. And do not
plead on behalf of those who deceive themselves; surely
Allah does not love him who is treacherous, sinful. They
seek to hide their crimes from men but they cannot hide
them from Allah. He is with them when by night they hold
discourse displeasing to Him.
165
Cont
166
Allah ever surrounds what they do. These are the
sort of men on whose behalf you may contend in this
world; but who will contend with Allah on their behalf
on the Day of Judgment, or who will then be their
defender? (4: 105-109).
- Unlawful to attempt to conceal the truth
- Unlawful to argue for the innocence of someone who
is clearly guilty

166
Cont
BUSINESS ETHICS
WEEK 7
167
168

- Islam encourages people to acquire wealth and live a
prosperous life

( : 168 )
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)
168
Wealth in Islam
169
-All things created by Allah are for the us to enjoy them
but in a reasonable way

( : 60 .)
Eat and drink of the sustenance provided by Allah, and
do no evil nor mischief on the earth. (2: 60)
169
Cont
170
The way of enjoying wealth:

( : 31 )
O children of Adam! Look to your adornment at every
place of worship, and eat and drink and be not
extravagant; surely He does not love the extravagant.
(7: 31)
170
Cont
171

( : 77 .)
But seek, with the (wealth) which Allah has bestowed on
thee, the Home of the Hereafter, nor forget thy portion in
this world: but do thou good, as Allah has been good to
thee, and seek not (occasions for) mischief in the land:
for Allah loves not those who do mischief. (27: 77)

- Dont be extravagant
- Use it to support noble principles & actions/ to secure a
good position on the Day of Judgment
- Do good to others as Allah has done good to you
- Dont use it to create mischief on the earth
171
Cont
172
- Zuhd is an Islamic value
- Zuhd poverty
- A rich person may be a zahid, while a poor person
may not be zahid
A Zahid is one who puts his wealth in his hand as a
means to achieve ideals, ultimate goals, and
supportive principles in this world as well as to
prepare himself for the Hereafter.
172
Zuhd (austerity/ asceticism)
173

- Begging in Islam is prohibited
The upper hand is better than the lower one

Qanaa (contentment) is another basic Islamic
value, which means to be happy and satisfied with
what you have after doing your best to get the best
result. Not to look at things which are not yours.
173
Cont
174

Basic facts:
- People will not be questioned on the Day of Judgment on
the amount of wealth they accumulated. Rather, they will be
questioned how they got it and how they used it.

- Although provision (rizk) is granted by Allah to people based
on their work, it is not an automatic result of mens work. It
is given by the will of Allah and every one has a limit.
174
The Principle of Halal vs. Haram Ways of
Earning and Spending
175

( : 18 - 19 )
Whoever desires this life, We readily grant them such
things as We will, to such person as We will. And
afterward We provided Hell for them; they will burn
therein, disgraced and rejected. * And whoever desires
the hereafter and he strives for it all due striving, being
a believer, they are the ones whose striving is
acceptable to Allah. (Al-Isra: 18-19)
175
Cont
176
Points to ponder!
Following haram way will never give you, as some
people may think, an additional portion of wealth.
And following halal way will not cause you any loss
of your portion of rizk.
- The principle of halal and haram applies as much to
the spending of wealth as it does to its acquisition.
176
Cont
177
Why some things are haram?

( : 157 )
He commands them what is good and forbids them
what is evil; he allows them as lawful what is good
and prohibits them from what is bad; he releases them
from their heavy burdens (7: 157)
177
Cont
178

- Bad
Individual harm physical
- Harmful
Social harm spiritual

definitively
- Conducive to harm
most likely

178
Cont
179
Halal work and the
earnings emanated there-
from are a kind of ibadah for
which a Muslim will be
rewarded on the Day of
Judgment.
Haram earnings and
spending will
rewarded with a
Punishment on the
Day of Judgement
179
Benefits of Halal vs. Evils of Haram
180
Whatever is spent out of
halal earnings is
considered as sadaqah
(charity) even what is
spent on ones family
Sadaqah will not be
accepted by Allah
180
Cont
If anyone earns wealth through haram means
and then gives charity from it, there is no
regard for him and the burden of sin remains
181
If a person earns property through haram means and
then gives charity, it will not be accepted (by Allah); if he
spends it, there will be no blessing on it; and if he leaves
it behind (at his death), it will be his provision in the Fire.
Indeed, Allah (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 unclean thing does not wipe away
another unclean thing.
181
Cont
182
Halal earnings will be
blessed by Allah (swt)
Blessing will be lifted
from it
Rejection of dua
182
Cont
Allah's Messenger (saw) said: 0 people, Allah is Good and
He, therefore, accepts only that which is good. And Allah
commanded the believers as He commanded the Messengers
by saying: O Messengers, eat of the good things, and do
good deeds; verily I am aware of what you do (23:51). And He
said: 0 those who believe, eat of the good things that We
gave you (2:172)=
183
= He then mentioned a person who travels widely,
his hair dishevelled and covered with dust. He lifts
his hands towards the sky and, thus, makes the
dua : O Lord, 0 Lord, whereas his food is
unlawful, his drink is unlawful, and his clothes are
unlawful and his nourishment is unlawful. How
can then his dua be accepted? (Hadith)
183
Cont
Halal earnings will bring
to its possessor peace
of mind and help him to
have a clear conscience
Its possessor will
have always a guilty
conscience
184

1- Protecting the rights of the parties involved in the
contract
2- Protecting consumer rights
3- Creating fair competition
4- Protecting the rights of workers
5- Protecting public interest/ funds
6- Leniency/ helping others
184
Aims of Business Ethics in Islam
185

a) Mutual consent / agreement
b) To fulfill terms and conditions

... ( : 1 )
O you who believe! Fulfil your contracts and
obligations (5: 1)

Muslims are bound by all the conditions they have
agreed upon, unless a contract or conditions is
against the principles of Islam in the way of making
something haram as halal or vice versa.
185
1- Protecting the rights of parties involved in
the contract
186
a) To avoid deception & fraud
The Messenger of Allah (saw) once passed by a stock
of grain. He touched it and felt moisture inside the stock.
He asked the seller what it was. The merchant said: O
Prophet of Allah it was affected by rain. The Prophet
(saw) said: Then why you did not place the wet wheat
over the rest of the stock, so people could see it for
themselves. Any one practicing deception has no
relationship with me. (Hadith)
186
2- Protecting Consumer Rights
187
- To avoid selling defective commodities without
informing the buyer about defects contained in it.
A Muslim is a brother of his fellow Muslim. It is not
lawful for a Muslim to sell such a commodity that has
a defect, except that the defect is shown to the
buyer.

- To avoid false and misleading advertisement


187
Cont
188

- To give accurate weight and measurement

The description of the weigh or measurement
should match the reality

( :
181 - 182 )
Give full measure, and be not of those who give
less than the due. And weigh with the true balance.
(26: 181-182)
188
Cont
189
b) To avoid hoarding essential commodities (ihtikar)
Hoarding means to collect and keep large amounts of
food without offering it in the market in order to
create artificial scarcity to increase the price
dramatically.

This is usually practised in the periods of crises.

Hoarding is a kind of business exploitation of consumers.
Thus, it is strictly prohibited by Islam.

The Prophet (saw) said: One who hoards things for
increasing their prices for Muslims is a wrong doer.
(Hadith)
189
Cont
190
c) Prohibition of outbidding
To offer more money than somebody else in order to
unreasonably increase the price without being a
potential buyer

d) The practice of middleman may be prevented to
protect the rights of consumers
- Dwellers of towns may be prevented from selling
the merchandises of farmers/ villagers
- Farmers may be allowed to sell there goods
directly if it is necessary
The Messenger of Allah forbade the selling of things
by a town dweller on behalf of a countryside dweller
(farmer); and similarly Najash was forbidden.
190
Cont
191
a) To avoid misleading advertisement

b) Avoid giving bribes

( : ) .
Allah cursed the briber and the bribed in making
judgments.

( : 188 ) .
And do not eat up your property among yourselves by
false means, neither seek to gain access thereby to the
judges, so that you may eat up a part of the property of
others wrongfully. (2: 188)
191
3- Fair Competition
192
- To get advantage / Privilege
- Escape due punishment
- Take the rights of others

c) To balance between competitiveness and co-
operation

d) To avoid entering in a transaction another person
has already entered into
Ibn Umar reported Allah's Messenger (saws) as
having said: A person should not enter..=
192
Cont
193
= into a transaction when his brother had already
entered into but not finalized, and he should not
make proposal of marriage upon the proposal
already made by his brother, until he permits it.
(Muslim)

and a woman should not ask the divorce of
her sister in order to deprive her of what belongs
to her. (Muslim)
193
Cont
194
- Wages and the specification of the work must be
clarified and agreed upon before starting the
work.
- Wages are to be determined by mutual consent.
- A worker is entitled to a fair and just wage for his
work.
- The employee must perform his duties efficiently
and honestly and the employer must pay him his
full wages.
- Wages should be paid without any delay
"

" ( : ) .
Give the laborer his wage before his
perspiration be dry. (Ibn Majah)
194
4- Protecting the Rights of Workers
195
a) Fair recruitment practices
To avoid discrimination, nepotism, and cronyism
An office or a post is a divine trust and, therefore,
it should be offered only to the deserving persons.
Responsibility should be given only to the person
who is able to shoulder it and who has the
capability to do justice to the trust placed in him.
195
5- Protecting Public Interest / Funds
196
The Prophet (saw) said: whoever has appointed an
administrator through nepotism while there was one
who was more suitable to this position than that
person, then he has committed misappropriation
against Allah and His Messenger and all the
Muslims. (Hadith)

b) To avoid misappropriation of public funds
The Prophet (saw) said: Whomsoever we have given
some post and he has concealed a needle or a thing
smaller than that, then it will be a misappropriated
thing with which he will have to appear on the Day of
Judgment. (Hadith - Muslim)

196
Cont
197
C- To avoid haram transactions

i. Riba

( : 278 - 279 ) .
O you who believe! Fear Allah, and give up what
remains of your demand for riba (usury), if you are
indeed believers. And if you do not, then be warned of
war against you from Allah and His messenger. And if
you repent, then you shall have your capital; neither shall
you make the debtor suffer loss, nor shall you be made to
suffer loss. (2: 278-279)

ii. Dealing in haram commodities
197
Cont
198

:
"

" ( :
) .
May Allah bless the person who behaves leniently
while buying, while selling, and while collecting his
dues.

( : 280 ) .

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)
198
6- Lenency
Environmental Ethics
Meaning of Environment
The term environment refers to all external
conditions and factors that affect living organisms.
Here external factors mean all the things around
us such as air, water, light, animals, humans etc.


(Miller, G. Tyler, Jr., Living in the Environment Principles, Connections and Solutions. (USA:
Brooks/Cole Wadsworth Thomson Learning, 12
th
ed., 2002), p. 3.
199
Categories of Environment
The environment comprises everything in our surrounding, the living
and the non-living.
It is generally classified into two broad categories: the natural
environment and the man-made or built environment.
The natural environment has been created for the sustenance of man
and includes the sun, the moon, stars, plants, trees, rivers, seas,
oceans, valleys, mountains, animals and countless other creatures.
The built environment is made by man in order to improve his living
conditions on the earth, and includes roads, buildings, bridges,
factories etc.
200
The Islamic Worldview Of The
Environment
The Islamic worldview of the environment is a
holistic one:
it assumes a fundamental link and interdependency
between all natural elements and bases its teachings on
the premise that if man abuses or exhausts one
element, the natural world as a whole will suffer direct
consequences.
This belief is no where formulated in one concise
phrase; it is rather an underlying principle that
forms the foundation of the Quranic teachings.
These ideas are embedded in the three central
concepts of Islam: al-Tawd (Unity), khilfah
(vicegerency) and amnah (trust).
201
INTER-PERSONAL
RELATIONS
WEEK 8
202
Six are the rights of a Muslim over another
Muslim:
1. When you meet him, offer him salam;
2. When he invites you to a feast accept it.
3. When he seeks your counsel give him;
4. When he sneezes and says: alhamdulillah,
you say Yarhamuka Allah (may Allah show
mercy to you);
5. When he falls ill visit him; and
6. When he dies follow his funeral.
203
203
General rights of a Muslim over his fellow
Muslims
1- Cooperation:
they have to work in collaboration with each other
in good faith for the best interests of their institution
and the community as a whole.

( : 2 )

And help one another in goodness and piety, and


do not help one another in sin and aggression. (5:
2)
204
204
Behavior Towards Co-Workers

2- Mutual respect and avoiding interference in
others personal affairs / respect their right to
privacy.
It is a sign of sincere faith to avoid interfering
in what does not concern you

3- To share knowledge and experience with
others.
- It is the duty of a senior worker to pass his
knowledge and experience to his juniors.

205
205
Cont
- The motto of encouraging people to share knowledge
and experience, is made by Islam as a continuous
charity.

When a person dies he is completely cut off except
from three things: (1) A running charity; (2)
Knowledge that he had taught and remains put to
good use; and (3) Virtuous progeny praying Allah
for him.

- It is also the duty of the new inexperienced workers to
learn for their seniors.

( : 43 )
Ask those who are knowledgeable if you dont
know (16: 43)
206
206
Cont
1 - To obey them and observe the rule of law

( :
59 )
O you who believe! Obey Allah and obey the
Messenger and those in authority from among you.
(4: 59)

There is no submission in matters involving God's
disobedience or displeasure. Submission is
obligatory only in what is good (and reasonable).
207
207
Behaviour toward the Superiors
2 - To give them advice

:
"

"
( .)
The Prophet (s.a.w.) said: Religion is to give
honest advice. We said: For whom. He
replied: For Allah, His Book, and His Prophet
and to Muslim leaders and public. (Hadith,
Muslim)


208
208
Cont
1-Consultation (shura) and getting feedback:

( : 159 )
So pardon them and ask forgiveness for them
and consult with them upon the conduct of
affairs... (3: 159)

( : 38 )
And those who answer the call of their Lord and
establish worship, and whose affairs are a matter
of counsel, and who spend of what We have
bestowed on them. (42: 38)
209
209
Behaviour Towards Subordinates
2- To be kind and lenient with them

: "

" ( ) .
The Prophet (s.a.w.) said: O Allah, who
(happens to) acquire some kind of control
over the affairs of my people and is hard upon
them-be hard upon him, and who (happens
to) acquire some kind of control over the
affairs of my people and is kind to them-be
kind to him. (Hadith. Muslim)
210
210
Cont
3- To serve them honestly and sincerely

: "

"
The Prophet (s.a.w.) said: A ruler who,
having obtained control over the affairs of
the Muslims, does not strive for their
betterment and does not serve them
sincerely shall not enter Paradise with them.
(Hadith, Muslim)

4- Respect for their opinions and beliefs

211
211
Cont

Allah's Messenger (saw) said: Jibril kept
impressing upon me kind treatment towards the
neighbour that I thought as if he would confer upon
him the right of inheritance.

1- To avoid causing them any kind of harm

" ( : ) .
Abu Huraira narrated that the Messenger of Allah
(s.a.w.) observed: He who does not secure his
neighbour from his wrongful conduct, will not enter
Paradise. (Hadith, Muslim)
212
212
Behaviour Toward Neighbours
2- To help and be kind to them

The Messenger of Allah (saw) said: He who
believes in Allah and the Last Day should either
utter good words or better keep silent; and he
who believes in Allah and the Last Day
should treat his neighbour with kindness
and he who believes in Allah and the Last Day
should show hospitality to his guest.
213
213
Cont

( : 36 )

Worship Allah, and join not any partners with Him; and
do good to: parents, kinsfolk, orphans, those in need,
neighbours who are near, neighbours who are
strangers, the companion by your side, the wayfarer
(you meet), and what your right hands possess, for
Allah does not like the arrogant, the vainglorious (4:36).
214
214
Cont

(" : )

Abu Dharr reported Allahs Messenger (s.a.w.)
commanded me that: whenever you prepare a
broth (meat soup), add water to it, and have in
your mind the members of the household of your
neighbours and then give them out of this with
courtesy. (Hadith, Muslim)
215
215
Cont
Humanity lives today in a global village, where no
people or nation can live in isolation from and
indifferent to what goes on elsewhere. Our world is so
interdependent and so interrelated that peaceful
dialogue has become an imperative. The basic
principles of constructing good foundations for ethnic
relation in Islam are:

1. Faith in the One Universal God
216
216
Ethnic Relation in Islam: Basic Principles
2. Allah is One and is impartial toward His
creation. He provides for all, including those
who reject faith in Him or even those who defy
Him.

3. Unity and universality of the core teachings of
all prophets (PBUT).

4. Universal human dignity.

5. Necessity of Islamic Dawah.

6. No coercion in religion.
217
217
Cont
Malaysia is a multi-racial country consisting of
Malay, Chinese, Indian and other minor races. No
doubt, this multi-racial society enjoys multi- racial
cultures, religions and ways of life. Some
differences sometimes may easily lead to conflicts
like what has happened in 13
th
May 1969, and
Kampung Medan tragedy in 6 March 2001.
218
218
A Case Study of Ethnic Relations:
Malaysian Constitution
Differences and conflicts of interests among
ethnic groups:
a. Social
i. Separation of living places - Malay in rural
areas, Chinese in towns and Indian estates.
ii. Separation in education system every ethnic
group has its own system.

b. Economic
i. Differences in working sectors.
ii. The domination of economic sectors.
219
219
Challenges
c. Political:
Racial politics voices of their ethnics
strengthening and bolding the racial sentiments.
(ex. UMNO for Malay, MCA for Chinese and MIC
for Indian

d. Religious, language and cultural:
The differences in these values lead to:
1. Racial interests choosing friends, jobs and
living partners;
2. Polarization between ethnic groups.
220
220
Cont
Islam, the official religion of this country as stated
in the constitution, accommodates the needs of
every ethnic group without discriminating their
rights and values. The core teachings of Islam,
which are universal in nature, are against the
compulsion on other religions. Therefore, Islamic
teachings construct the basic foundations for a
multi-racial and multi-religious country, i.e.,
Malaysia. The first Islamic constitution drafted by
the Prophet (peace be upon him), Sahifah
Madinah reflected a just, liberal and caring Islamic
stand toward other ethnics.
221
221
Solutions
Among the details regarding non-Muslims in the
constitutions are:
Every Muslim and non-Muslim is responsible for
defending and protecting the country. They are
not allowed to help the enemy of Islam.
They are given citizenship and their security is
protected.
Every citizen should be treated justly and helped.
Freedom of religion
Every individual or group has his / its own right
and it should not be transgressed.
222
222
Cont
1. Good social interaction
Allah (SWT) says:

( : 8 - 9 )
223
223
Dealing with Different Ethnic Groups: Some
Quranic and Prophetic Illustrations
224
Allah forbids you not, with regard to those
who fight you not for (your) Faith nor drive
you out of your homes, from dealing kindly
and justly with them: for Allah loveth those
who are just. Allah only forbids you, with regard
to those who fight you for (your) Faith, and drive
you out of your homes, and support (others) in
driving you out, from turning to them (for
friendship and protection). It is such as turn to
them (in these circumstances), that do wrong.
(al-Mumtahinah: 8-9)
224
Cont
2. Uphold the rights of a neighbor

The Prophet (s.a.w.) said: Neighbor is of three
types: (1) enjoy one right which is non-Muslim
(right of neighbor); (2) enjoy two rights which is
Muslim (right of neighbor and right as a Muslim);
and (3) enjoy three rights which is relatives
(rights of neighbor, of Muslim, and of relatives)
(Hadith)
225
225
Cont
3. Respect the others non Muslims.
Once a dead body was being brought in front of the
Prophet (s.a.w.), and the Prophet stood to respect.
Then he was told that the body belonged to a Jewish.
He replied: Is it not a body (jasad).

4. Communicating with Hikmah

( : 46 )
Do not argue with the people of the book except with
the best (hikmah) (29: 46)
226
226
Cont
5. Pay them a visit if they are sick.
It is reported that the Prophet (p.b.u.h.) used
not only to visit non-Muslims if they were sick,
but more than that, he was normally the first to
do so.

227
227
Cont
With the principles of respecting each
other, knowing ones rights and
privileges, besides a strong urge from
all religions for people to unite and be
tolerant. The unity among ethnic
groups is not a myth, rather, it is a
reality with real and ultimate ethical
values.
228
228
Prospect
The concept of government

Trust vs. opportunism & misuse of power

The notion of government / central authority is
based on the principles of:
- Delegation: People elected / selected to
public offices are delegated by the
community.
- Trust: they are entrusted with that task to
serve the interests of the community.
229
229
Ethics in the Domain of Politics

The challenge here is: How can we make
ourselves transform these principles from
theory to practice to avoid opportunism
and dictatorship?
230
230
Cont
The concept of opposition

Right to change vs. cooperation
- To monitor the activities of the government
= Cooperate in good and beneficial matters
= Criticize what is seen to be wrong and
bad.
Ethical Conditions of Opposition /
Criticism

- Based on established facts not on mere
suspicions and accusations.
- Constructive: to change something
wrong, not for the sake of survival.
- The critic should be convinced of the
moral uprightness of his opinion.
- To avoid distortion of facts and sayings.
231
231
Cont
Dictatorial Behaviour

Causes:
- Considering oneself to be a gifted person with
the best opinions and ability understanding.
- Self-seeking, egocentrism.

Effects:
- Forcing opinions on others regardless of their
worth.
- Rejecting all kinds of advice / criticism.
- Preventing people from expressing their views
and opinions.
232
232
Cont
Rejection of Criticism

- Criticism = challenge humiliation

False pride & dignity

- Criticism = advice
- Helps us to correct our mistakes
- Strengthen our character
- Improve our performance
233
233
Cont
Fiqh & Shari ah

WEEK 9
235


Fiqh:
Literal meaning:
- Understanding (al-fahm)
- Profound and correct understanding


235
Definition and Differences Between
Fiqh and Shariah
236

Technical meaning:
1- General meaning (early stage)
- A persons knowledge of his rights and
duties
2- Specific meaning (later stage)
The knowledge of detailed Shari ahkam
(legal rules) pertaining to conduct derived
from their specific evidences
236
Cont
237
Shari ah
- A comprehensive term which includes both fiqh
(Islamic law) and tenets.
- It includes all texts, teachings and principles.

Shari ah Fiqh
- Wider - Narrower
- Source = Divine - Divine + Sunnah +
Human endeavor
- Immutable - Some parts may
change
237
Cont
238

The emergence of madhahib fiqhiyyah is the result
of practising ijtihad

What is ijtihad?
- Interpretation of texts.
- Deduction of ahkam (legal rulings) on new
incidents
238
Madhahib Fiqhiyyah
(Schools of Islamic Legal Thought)
239
Texts which impart more than one meaning =
imply more than one interpretation.

Texts are limited in number while new incidents
are unlimited in number.

A lot of texts are in the form of general rules and
principles to embrace new incidents.
239
Why ijtihad is needed?
240

1- Ijtihad in the Era of Revelation

The main source of law was Revelation (the
Quran).

Sunnah as an inspiration and guidance from
Allah (s.w.t.) to His Messenger (s.a.w.).

Ijtihad of the Prophet in interpreting and applying
the texts of the Quran
240
History of Ijtihad
241

- Ijtihad of Sahabah
= limited
= Corrected by the Prophet (s.a.w.) or
Revelation
= If they disagree on any issue they refer
it the Prophet (s.a.w.) and his decision
is final
241
Cont
242

- The scope of ijtihad widened = new incidents:
= Expansion of Muslim state = new people, new
customs and traditions = Development of life =
new challenges

- The result of this ijtihad:
= Agreement = ijma (consensus of opinions)
= Disagreement = no higher authority to make a
final ruling and unite all opinions.

- That was the seed of madhahib fiqhiyyah
242
2- Ijtihad in the Era of Sahabah
243

More developments in social, economic and
intellectual life = the scope of ijtihad became
wider and wider.

Mujtahids (scholars who are specialized in
religious studies and mastered it) developed their
methods of ijtihad.

Madhahib shaped and developed
243
3- Ijtihad after the era of Sahabah
244

First stage: Emergence
A scholars approach of ijtihad = rules and
principles of interpretation + legal views and
opinions

The last stage: Development
The sum total of the scholars legal rulings as well
as the rulings of his students and that of all the
scholars who adhered to their approach of ijtihad.
244
What is a Madh-hab?
245
Cont
245
Mujtahid = rules of interpretation + legal opinions
Students = adopt his approach + narrate & record his
legal opinions + spread those opinions + enrich them
Those who adhere to his methodology of ijtihad =
spread the madh-hab + enrich it + formalize the madh-
hab.
246
Cont
How many madhahib are there?

In the first sense of madh-hab, there were
many madhahib.

But those madhahib of Sunni school which
continued to exist and established themselves
are four.

The reason behind this continuation is mainly
because of the number and the role of students
and followers.
246
247

1. The Hanafi Madh-hab (Imam Abu Hanifah
Numan ibn Thabit 703-767C.E.)
2. The Maliki Madh-hab (Imam Malik Malik ibn
Anas Amir 717-801C.E.).
3. The Shafii Madh-hab (Imam Al-Shafii
Muhammad ibn Idris Al-ShafiI 769-820C.E.)
4. The Hanbali Madh-hab (Imam Ahmad Ahmad ibn
Hanbal Al-Shaybane 778-855C.E.)
247
Four Major Madhahib
Maqasid al- shariah and
preservation of basic rights
WEEK 10
249


The main objectives of the Shariah are of two
types:

1. To secure the interest of mankind that pertains
to Hereafter.

2. To secure the interest of mankind pertaining to
this world.
249
The Objectives of Shariah
(Maqasid al-Shariah)
250

Who is to determine what is in mans interest?

The lawgiver (Allah & His Messenger).

Human reason (in light of texts, general
principles = should not contradict or violate the
texts the general principles)
250
Cont
251

Classification of interest pertaining to its
compliance with Shariah = (Criterion for evaluating
the acceptance of interest)

1- Acknowledged interest (al-maslahah al-
mutabarah):

- Explicitly

- Implicitly = new interest which
may be related to this type
of interest.
251
Cont
252

2- Rejected interest (al-maslahah al-
mulghah):

- Explicitly

- Implicitly = what may be considered
by some people as interest but which is
in contradiction with the texts and
principles, or which may violate the
objectives of Shariah.
252
Cont
253

The Criterion for Evaluating the Importance of
Interest
(for the existence and preservation of human life)

1- The Necessities (al-Daruriyyat):

- 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.
253
254
2- The needs (al-Hajiyyat):
Those interests which are needed to:
- support necessities
- remove severity and hardship
Their absence does not impose a threat to the
very survival of normal order and basic human
rights

3-The complementary interests (al-
Tahsiniyyat):
To attain perfection and refinement in human
life.
254
Cont
255
= The relation between the three categories is that
each outer shell forms a supportive and protective
boundary for the inner shell.

The Basic Rights
1- Religion (al-Din)
2- Life (al-Hayah)
3- Intellect/ reason (al-aql)
4- Lineage/progeny/ family (al-nasl)
5- Property/ wealth (al-mal)
255
Cont
256
= The benefit of this classification is to resolve any
conflict between these different categories of
interest.

- The rules of conflict and priority:
1- The stronger interest shall prevail:
Although all the necessities should be observed,
promoted and protected, in case of conflict they
should be taken according to the following order: -
Daruriyyat have priority over the hajiyyat, which in
turn have priority over the tahsiniyyat.
256
Cont
257
Din has precedence over life (jihad).
Religion # intellect = freedom of thinking.
Religion # property = spending / haram wealth.
Life has precedence over nasl (abortion).
Life has precedence over aql (drinking wine,
drugs for medical purposes).
Aql has precedence over wealth (education)
...etc.
257
Cont
258

Legal maxims which govern this rule

1. Committing the lesser of two harms.
2. Necessity dictates exception / necessity
overrules prohibition.
3. That which became permissible by necessity is
estimated by the extent thereof.
4. Avoiding harm is prior to acquiring benefit.
258
Cont
259
2- The public interest is prior to the private:

Legal maxim:
Committing a specific harm for the sake
of preventing a general harm.

- Taking preventive measures against people who
are carrying transmitted diseases.
- Punishments.
- Preventing unqualified professional from
practising.
-Prohibition of hoarding
259
260

1- Affirmative measures = Establishment +
maintenance (obligations, recommendations,
permissible).

2- Protective measures = Prohibition +
punishment.
260
How Shariah preserves the five basic
rights?
261
1- Religion:
Affirmative measures:
- Establishment: Revelation
- Maintenance: Continuous practice,
dawah / al-amru bi al-maruf

Protective measures:
a) Against insiders: Punishment for
neglecting religious obligations and
apostasy, preventing evil

261
262
b) Against outsiders: Defending religion
intellectually, power and independence, Jihad.

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

- Maintenance: Providing sustenance,
maintaining good health

262
263
Protective measures:
- Prohibition of any attack on human life
without legal justification (homicide,
suicide, injuries) + Qisas.

3- Lineage:
Affirmative measures:
- Establishment: Marriage
- Maintenance: Establishment of family +
responsibilities towards children.
263
264
Protective measures:

a) Against its discontinuity (demise):
Prohibition of abortion, sterilization,
celibacy.

b) Against its confusion: Prohibition of
adultery, false accusation, surrogate
motherhood and surrogated fatherhood.
264
265
4- Intellect:

Affirmative measures:
- Establishment: Created by Allah
- Maintenance: Education and pursuit of
knowledge.

Protective measures:
- Prohibition of intoxicants, drugs,
prohibition of believing in superstitions.
265
266
5- Property/ Wealth:

Affirmative measures:
- Bounties given by Allah.
- Permission of trade and conducting
business, private ownership.

Protective measures:
Prohibition of violating the property of
other, extravagance, theft, misappropriation.
266
CONTEMPORARY ISSUES
WEEK 11
The use of birth control methods to choose the
number and timing of children born into a family.

1. To limit the number of children to a very small
number.
2. To distance the occurrences of pregnancies for a
specific period of time.
3. To eliminate the possibility of having children.
268
Family Planning: Birth control
1. To limit the number of children to
a very small number.

a) Islam encourages people to have
children

i. To marry fertile spouse:
The Prophet (s.a.w.) said; Marry women
who are loving and fertile (child- bearing), for I
shall outnumber the peoples by you.
(Hadith, Abu Daud)
269

ii. Rejection of celibacy:
The Prophet (s.a.w.) said: I fast and I
break my fast; I pray and I sleep; and I
marry women. Whoever turns away from
my way of life is not from me. (Hadith, al-
Bukhari)
270
Cont

b) Allah has warned about killing ones
children out of fear of poverty

( : 151 )
And kill not your children because of poverty - We
provide sustenance for you and for them. (6:151)

( : 31 )
And kill not your children for fear of poverty. We
shall provide for them as well as for you. Surely, the
killing of them is a great sin. (17:31)
271
Cont
C- The Prophet (s.a.w.) said about
contraception: There is no harm if you do
not do that, because the birth of the child
is something pre-ordained.
(Hadith, Muslim)

D- The Prophet (s.a.w.) said on 'azl
(contraception): That is the secret way of
burying alive.
(Hadith, Muslim)

E- It is exploited by anti-Muslims to reduce their
population.
272
Cont
2. To control the timing of births
with the intent of distancing the
occurrences of pregnancy.

Contraception:
A way of avoiding pregnancy temporarily,
using either artificial methods such as
condoms and birth-control pills or natural
methods such as avoiding sex during the
womans known fertile periods.
273
1- One form of contraception was practised during
the time of the Prophet (saw) while the Quran
was being revealed but neither the Quran nor
the Prophet (s.a.w.) prohibited it.

Jabir reported: We used to practise 'azl
(withdrawing the male sexual organ before
emission of semen to avoid conception) during
the lifetime of Allahs Messenger (s.a.w.). He
(s.a.w.), came to know about it, but did not
prohibit it. (Hadith, al-Bukhari and Muslim)
274
Cont
Abu Sa'id al-Khudri reported that when 'azl (Withdrawal)
was mentioned in the presence of Allah's Apostle (s.a.w.)
whereupon he said: Why do you practise it? They said:
There is a man whose wife has to suckle the child, and if
that person has a sexual intercourse with her (she may
conceive) which he does not like, and there is another
person who has a slave-girl and he has a sexual
intercourse with her, but he does not like her to have
conception so that she may not become Umm Walad. The
Prophet (s.a.w.) said: There is no harm if you do not do
that, for that (the birth of the child) is something pre-
ordained. (Hadith, Muslim)
275
Cont
2- The Prophet (s.a.w.) said: I intended to prohibit
cohabitation with the suckling women to avoid
pregnancy within suckling period, but I considered
the Greeks and Persians, and saw that they used
to cohabit with their suckling wives and that did
not harm their children. Then they asked him
about 'azl, whereupon he said. That is the secret
way of burying alive. (Hadith, Muslim)
276
Cont
Conclusion:
The Prophet (s.a.w.) did not prohibit
contraception but he did not encourage it.

It would be lawful for a couple to use
contraceptive methods if they opt for it,
provided that:

- It does not involve pregnancy termination.
277
Cont

- 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.

- It should not be imposed on anyone by anyone,
as it is the absolute right of everyone to have
children.

- It should be practised only with the consent of
both sides; husband and wife.
278
Cont
3. To eliminate the possibility of having
children

Surgical contraception (sterilization):

a. Vasectomy is a surgical procedure leading to the
sterilization of man. It is a procedure that involves
cutting, tying and sealing both the tubes running
sperm from testicles to the urethra and penis.

It is a way to prevent ejaculation permanently.
279

b. For women, oviducts (tubes that run eggs) are
surgically cut and sealed, preventing an egg
from reaching the womb or from even coming in
contact with sperm but allowing ovulation to
continue.

It is a way to prevent pregnancy permanently for
women.
280
Cont

Rulings on Sterilization:

Sterilization is not lawful in Islam. It is
against one of the main objectives of
creating the two different sexes; that is to
have children and cause the continuation of
human race.
281


( : .)

Sad bin Abi Waqqas says: the idea of 'Uthman
bin Madh'un for living in celibacy was rejected by
the Prophet (s.a.w.), and if he had been given
permission they would have got themselves
castrated (sterilized). (Hadith, Muslim)
282
Cont

Abdullah bin Umar narrated: We used to participate in
jihad with the Prophet (s.a.w.) and we had no wives with
us. So we said (to the Prophet): Shall we castrate
(sterilize) ourselves? The Prophet (s.a.w.) forbade us
to do that, but he allowed us to marry a woman by giving
her even a garment, and then he recited: O you who
believe! Do not make unlawful the good things which
Allah has made lawful for you.(5:87) (Hadith, al-Bukhari)
283
Cont

It may practised under cases of necessity:

- When pregnancy becomes dangerous to the
mothers life (determined by trustworthy-Muslim
doctors) and when other alternatives of
contraception have been exhausted without
being effective.

- Marriage for tow persons infected with AIDS,
HIV.
284
Cont

1- In vitro fertilization/ IVF (test tube babies)
- This is a method of assisted reproduction in which
the mans sperm and womans egg are taken and
then combined in a laboratory dish, where
fertilization occurs.

The resulting pre-embryo is then transferred to
the womans uterus.
285
Human Reproduction Methods

This practice is lawful only when it
involves a:

Married couple, while the marriage
contract is still valid, and necessary
measures are taken to prevent any
manipulation of this practice to avoid
any lineage confusion.
286
Cont
2- Artificial Insemination

A method of inducing pregnancy in a female
mammal by injecting sperm into the womb.
This would be lawful if:
- If the sperm is taken from the legal husband
- In a continuing marital life

But if the sperm used is from a third party or one who is not
a legal husband or from the husband but after divorce or his
death, it will be prohibited.
287
3- Surrogacy

- Surrogacy is an arrangement whereby a
woman agrees to become pregnant and
deliver a child for a contracted party. (1)

- Surrogacy or Surrogate means substitute. In
medical parlance, the term surrogacy means
using of a substitute mother in the place of the
natural mother.(2) (1&2 retrieved from
<http://www.answers.com/topic/surrogacy#Dictionary_d>(June
29, 2010)
288
Surrogate motherhood:
A woman who bears a child for a couple, with the
intention of handing it over at birth. She usually either
is artificially inseminated by the man or implanted
with a fertilized egg from the woman. This will take
place when:
1. The sperm and the egg are taken respectively from a
legitimate husband and wife. The egg fertilized and
then implanted in the womb of another woman who is
not the wife of that man. (Uterus).
2. The sperm is taken from the legitimate husband but
the egg is taken from another woman who is not his
legal wife. The egg is fertilized and then implanted in
the womb of his legal wife. (Egg)
289
3. The sperm is taken from the legitimate husband but the
egg is taken from another woman who is not his legal wife.
The egg is fertilized and then implanted in the womb of the
same woman from whom the egg was taken. (Egg + uterus
same woman).
4. The sperm is taken from the legitimate husband but the
egg is taken from another woman who is not his legal wife.
The egg is fertilized and then implanted in the womb of a
third woman. (Egg + uterus different women)

- These four forms are haram because in each case a third
party who is not a legitimate wife is involved.
290
Cont
5. The sperm is taken from a husband who have more than
one wife. The egg is taken from one wife. After fertilizing
the egg the pre-embryo is implanted in the womb of the
second wife.

- Regarding this case, most of Muslim scholars believe it is
unlawful too. Although the sperm is not strange to the
womb since it is the womb of his second wife, but the
egg is a stranger because it is from another woman.

- Another objection is that the woman who is bearing the
embryo may conceive from her husband using her own
egg whereas the embryo implanted may fail to develop
and this may lead to confusion: to whom the foetus
belongs?
291
Cont
- Marital life is limited to its legitimate parties. Any
practice that may involve any third party (either
a man or a woman) in any form (whether in the
form of semen, an ovum, an embryo, or a
womb) is unlawful.

- Any interference to violate the contract of
marriage by introducing any third party (male or
female) by a normal way or a biomedical
technique is violation of Islamic law. Thus, it is
forbidden.
292
Cont

- Blood relationship is the fundamental basis of
marriage and inheritance in Islam. Any practice
that may undermine the family ties or create
lineage confusion is forbidden.

- Destruction of the concept of motherhood.

- Weakening familial relations.

- Confusion in lineage.
293
Cont
Remedies
for barren (infertile) couples

1. Using artificial techniques of
fertilization.
2. Foster parenting
294
ADOPTION, ABORTION AND
PLASTIC SURGERY
WEEK 12
Adoption
Legal Adoption Foster Parenting
- Take the name of the - retains the name of
new family his original family
- May be entitled to - not entitled/ may be
inheritance given through will
(wasiyyah) up to 1/3
- Not a mahram

296
Abortion
The expulsion of the products of pregnancy
before the foetus is viable. Any interruption of
human pregnancy prior to the 28
th
week (6
months) is known as Abortion.

Miscarriage:
This term is used for the delivery of a
nonviable embryo or foetus due to foetal or
maternal factors.
297
Induced Abortion
This is made by an elective decision to
terminate the pregnancy through the ways
and means available.

- If the induced abortion is performed to prevent
the health or life of the mother, it is called
therapeutic abortion.
298
Cont
Abortion: Lawful or Haram?

1- After quickening (the soul breathed in the
body).
- Prohibited
- When quickening takes place?
After 120 days
After 40 days

2- Before quickening (40 days / 120 days)
- Few scholars: Permissible
- Few scholars: Reprehensible
299
Cont

- The majority: Prohibited only for justifiable
reasons (rape, incest, genetic diseases)

Why prohibited?
- Assault against human life.
- Harmful (mentally, emotionally, physically).
- Ethical impact: Encourage adultery especially
among teens.
300
Cont
The surgical speciality concerned with the
treatment of structural deformity and
disfigurement. It is also involved with the
enhancement of the appearance of a person
(beauty).

a) Cosmetic Surgery
b) Reconstructive Surgery
301
Plastic Surgery
a) Cosmetic Surgery:

Performed to reshape normal structures of the
body to improve the persons appearance. Like
facelift (a medical operation in which the skin of a
persons face is tightened in order to make them
look younger) and attempts to reverse the signs
of ageing, and surgery of breasts (to increase or
decrease the size of the breasts).
302

Abdullah reported that Allah had cursed
those women who tattoo and who have
themselves tattooed, those who pluck hair
from their faces and who have their facial
hair plucked, and those who make spaces
between their teeth for beautification
changing what Allah has created. (Hadith,
Muslim)
303
Cont

- Excessive beautification.
- Entails deception.
- Changing creation of Allah.
- Entails dissatisfaction with ones creation.
- Pride and show-off.
- Not needed/ no harm to be removed.
- Concentration on carnal beauty.
- Wasting of money.
304
Cont
b) Reconstructive Surgery:
Performed on abnormal structures of the body
caused by:
- Congenital defects (defects that exist since or
before birth): Abnormally turned-out lips, split
lips, twisted fingers or toes...etc.
- Developmental abnormalities: Tumours (a
mass of cells growing in or on a part of the
body where they should not, deformed
teethetc.
- Injuries: Scars left by leprosy or other skin
diseases, or scars caused by accidents and
burnsetc.
305

This type of surgery may be permitted
because these faults and scars usually
cause physical and psychological pain to
the person inflicted with them. Moreover,
operating on them is not considered to be
changing the creation of Allah.

306
Cont
Euthanasia
Organ transplantation
Transsexual
WEEK 13

People involved:
- A patient in a persistent vegetative state who is
awake but is not aware of self or the
environment.
- Patient in terminal illness who may or may not
be subject to life-support machine.
- People suffering from great pain.
308
Euthanasia (Mercy Killing)
Types of Euthanasia:
a) Active Euthanasia:
An act of commission by taking action that leads
to death, e.g. a lethal injection.

b) Passive Euthanasia:
- Letting a person die by taking no action to
maintain his life, like stopping giving medications
to one whose life is dependent on it.
- Withholding medical or surgical procedures and
life-support systems.
309
Cont

Legal justification
Against:
Violation of human body/ dignity
In favour:
...

... ( : 32 )
- and who saved a life it would be as if he saved
the lives of all mankind. (5: 32)
- Charity.
- Necessity dictates exception.
- Choice of the lesser evil if both cant be avoided.
- Prohibition of sale or exchange.
310
Organ Donation and Transplantation
Organs Donated:
1- Primary organs essential for life
Heart , brain
Brain stem death keeping some organs
functioning
2- Secondary organs essential for life
- Two: Kidneys, lungs
- One: Liver
3- Secondary organs, not essential for life
- Irreplaceable: Hands, ears, nose, legs, eyes,
etc.
311
4- Other parts of the body
- Replaceable: Blood, skin, other tissues

5- Organs involved in reproduction
Testicles, ovary, womb

The donor
1- Animals: Lawful, unlawful
2- Humans:
- Miscarried foetuses
- Aborted foetuses

312
- Children/ minors/ under guardianship
- Adults:
- Living
- Dead:
- Explicit acceptance or
rejection
- No will

313
Cont
Refers to people who have a compelling
sense that their gender identity is not in
conformity with the physiological or
biological sex they are born with. This may
lead some to seek gender (or sex)
reassignment surgery to make her/his
biological or physiological sex correspond
to her/his gender identity.
314
Trans-Sexuality

Trans-sexuality can be addressed through three
similar phenomena:
1. Hermaphrodite: An abnormal individual
especially among the higher vertebrates having
both male and female reproductive organs.
2. Homosexuality: A typical sexuality
characterized by manifestation of sexual desire
toward a member of ones own sex.
3. Transvestitism: The practice of adopting the
dress, the manner, and frequently the sexual
role of the opposite sex.
315
Cont
Islam forbids trans-sexuality. This is based on the
following ahadith:

Ibn 'Abbas has narrated that Allahs Apostle
cursed those men who are in the similitude
(assume the manners) of women and those
women who are in the similitude (assume the
manners) of men. (Hadith, al-Bukhari)

Abu Hurairah narrated that the Apostle of Allah
(s.a.w.) cursed the man who dressed like a woman
and the woman who dressed like a man. (Hadith,
Abu Dawud)
316


ISLAMIC FINANCIAL MARKET

WEEK 14

- Prohibition of riba (usury/ interest).

- Prohibition of gambling.

- Prohibition of involvement in prohibited
commodities (production, sale, buy).

- Avoidance of al-Gharar (ambiguities,
uncertainty).
318
Basics
Islamic Financial Markets
Vs.
Conventional Financial Markets

Are Islamic financial markets purely Islamic?
- Islamic financial markets are working in similar
fashion with conventional markets.
- The difference in experience (IFM is still new).
- The local as well as international FM is set and
dominated by conventional FM.
319

- Islamic FM is a small part in a gigantic system/
limited area for maneuvering.

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.
- Deposits / Accounts.
- Money transfer.
- Loans.
320
Cont

A small plastic card issued to users of the credit
system after approval from a provider (bank), in
which they will be able to make purchases from
merchants supporting that credit card up to a pre-
negotiated credit limit.

When a purchase is made, the credit card user
indicates their consent to pay, usually by signing
a receipt.
321
Credit Card
- Some services can be paid for over the
telephone by credit card merely by quoting the
credit card number, and they can be used in
a similar manner to pay for purchases from
online vendors. (card not present
transactions).
- Each month, the credit card user is sent a
statement indicating the purchases undertaken
with the card, and the total amount owing.
- The cardholder must then pay a minimum
proportion of the bill by a due date, or pay the
entire amount owing.
322

- A secured credit card is a special type of credit
card in which you must first put down a deposit
between 100% and 150% of the total amount of
credit you desire.

- Thus if you put down $1000, you will be given
credit in the range of $500-$1000.

- This deposit is held in a special savings account.
323
Secured Credit Cards
- The owner of the secured credit card is still
expected to make regular payment, as he or she
would with a regular credit card.
- Should he/she default on a payment, the card
issuer can deduct payments on the card out of
the deposit.
- They are often offered to people as a means of
rebuilding ones credit.
- Secured credit cards are available with both Visa
and MasterCard logos on them.
324
Cont
1. Some credit card issuers offer interest-free
periods.

- If the balance is paid in full each month (or the
stipulated period) the interest charges will be
waived. This allows the credit card to serve as a
form of revolving credit.

- If the balance is not paid as stipulated by the
agreement on the which the card was issued,
interest charges will be imposed on the credit
card holder.
325
Types of Credit Given

- Typically, the rate of interest charges on the
amount owing is much higher than most other
forms of debt.

2. Some credit providers charge interest on the
amount owing from the very beginning.

- In this case the interest rates are much lower
than those imposed in the first type.
326
Cont

- Credit card companies generally provide a
guarantee that the merchant will be paid on
legitimate transactions regardless of whether the
consumers pay their credit card bill or not.

- Credit card companies, however, will not pay a
merchant if the consumers challenge the
legitimacy of the transaction.
327
Guarantee to Merchants

1. The interest charges imposed on debts
given (from the beginning or after the due
date of payment).

2. Card companies charge merchants fees/
commission for money transfer.

3. Annual fees
328
Benefits to Card Companies

1. Diners Club (Dinners Club International).
2. Master Card (Master Card Incorporated).
3. Bank Card (Australian Financial Institutions).
4. VISA (International Service Association).
5. American Express (American Express, NY).
6. Discover Card (Discover Bank/ Morgan
Stanley).
7. JCB (Japan Credit Bureau)
329
Credit Card Organizations

Advantages:

- Convenience in payment/ no need to carry cash.

- Immediate availability of (short term) loans in
case of an urgent need.

- Avoidance of long procedures.

- Face saving in case of need for short loans.
330
Advantages vs. Disadvantages
Disadvantages:

- Enhances the culture of borrowing
- Enhances consumerism:
- Difficulty in controlling expenses.
- Unwise use especially by young people.
- Suffer the long-term consequences of
carrying high debt.
- Payment of prohibited interest (riba).
331
- Extra burden on consumers
The credit card companies usually prevent the
money transfer fees from being passed on to
credit card users the merchants, certainly,
dont bear those fees.
The fees are spread among all customers by
adding them to the normal prices, especially
as some credit providers give their users
incentives such as frequent flier miles or gift
certificates.

The credit card users (some individuals) are
using a public good without bearing the entire
cost of their actions. The costs are borne by
others.
332

A debit card is a card which physically resembles
a credit card, and, like a credit card, is used as an
alternative to cash when making purchases.

When purchases are made with a debit card, the
funds are withdrawn directly from the purchaser's
checking or savings account at a bank.
333
Debit Card

1. Online debit cards: Use the same underlying
technology as ATMs (Canada).

1. Offline debit cards: Carry the logotypes of,
and can be used in a manner nearly identical
to, major credit cards (e.g. Visa or MasterCard).
The use of a debit card in this manner may
have a daily limit, with the maximum limit being
the amount of money on deposit.
A debit card used in this manner is similar to a
secured credit card.
334
Types of debit card:

A small fee may be charged for "debit"
transactions (often absorbed by the retailer)

From the merchant's standpoint, the merchant
pays lower fees on a "debit" transaction as
compared to "credit" transactions.

To the consumer, a debit transaction is real-time;
i.e. the money is withdrawn from their account
immediately following the authorization request
from the merchant.
335
Cont

1. Debit Card

2. Secured Credit Card

3. Other Credit Cards

- It is strictly prohibited for a Muslim/
Islamic bank to issue interest-based
credit cards.
336
Ruling on Debit/Credit Card
- A lot of scholars are of the opinion that signing a
credit card contract and using it is permissible
with two conditions:
1) That the user is keen and able to pay within the
grace period. The purchases made dont exceed
the amount that one can pay when the bill
comes/ within the grace period.

2) The user will not withdraw cash (because cash
withdrawal generates interest from the day of
withdrawal and does not have a grace period).
337
Cont

One is not signing a loan contract with interest
but he is signing a contract that gives him the
choice to make the interest applied or not.

Consequently, if you know for sure that you can
use it without incurring any interest you make
the interest clause useless and it is permissible
to sign such a contract and use the card.
338
Justification of Permissibility

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