Presentation at a seminar at the University of Brunei Darussalam on August 28, 2011 by Professor Omar Hasan Kasule Sr. MB ChB (MUK), MPH (Harvard), DrPH (Harvard) Professor of Epidemiology and Bioethics Faculty of Medicine King Fahad Medical City, University of Malaya, and University of Brunei; Chairman of the Institutional Ethics Review Board KFMC, and Head of Knowledge Exchange and International Collaboration FOM at KFMC. EM omarkasule@yahoo.com, WEB: www.omarkasule-ilm.blogspot.com, WEB: www.omarkasule-tib.blogspot.com.
ABSTRACT
The paper presents 12 doctrines that form the basis for an Islamic input in various disciplines of the undergraduate curriculum: Tauhid, Ihsan, Iman, Risalat, Qadar, Islam, Shari’at, Ilm, Khalq, Tamaddun, Mu’amalat, Qiyadat. The paper then provides examples of the use of these doctrines in each of the major disciplines of the undergraduate curriculum.
1.0 TAUHID
1.1 Tauhid, strict uncompromising monotheism, is the beginning of everything. Tauhid is an intellectual challenge since the concept of one God above and beyond the human and the whole universe is an intellectual and abstract reality that can be only grasped at the highest levels of intellectual competence. Many pre-Islamic religious and belief systems conceive of a physical god that can be seen or touched either as an existing living or inanimate thing or an image created by humans. Islam as the last message rises beyond the conception of a corporeal god to an intellectual abstract. Mature minds can worship and obey an abstract reality because there are physical signs in the cosmos that prove the existence of that divine reality.
1.2 Tauhid al dhaat is oneness of the divine essence. There is only one God with no other gods or associates. The divine essence is abstract to us. It has no physical representation or description. Full understanding or appreciation of the divine essence is beyond human knowledge and is beyond the grasp of human intellect. The nearest we can get to understanding the divine essence is through the divine names, asma al allah, and the divine attributes, sifaat al allah, that testify to and help humans understand the power and majesty of the creator. These names and attributes belong to God alone and no human can share them
1.3 Tauhid al ruubuubiyyat is oneness of the creator and sustainer for the universe and its contents. This oneness is an inborn logical imperative since it is impossible for the harmonious and well-coordinated cosmos to have more than one creator. No two or more independent creators could agree so perfectly without any contradictions.
1.4 Tauhid al uluuhiyyat implies worship of one God alone. This is again a logical imperative, the sole creator and sustainer of the whole cosmos deserves being worshipped and could not tolerate worship of anything else beside Him. Worship of God is an expression of gratitude to the creator for the bounty of creation and sustenance.
1.5 al Tasawwur al islami, the Islamic world-view, the basis for Islamic civilization and culture derives from tauhid. Tauhid, by positing one creator for the whole cosmos, provides an integrating framework for the whole universe in whose absence there would be irreconcilable contradictions. The perfection, order, and harmony of the universe and the human body are an empirical proof for oneness of the creator. The close interrelationships among components of the smallest to the biggest ecosystems as well as interrelationships among components of the cosmos are further proof of one creator. Tauhid is the basis for physical and social laws that govern science, technology and society because the whole cosmos has one creator who created the relations among things and phenomena. Tauhid, as belief in one creator and sustainer gives purpose and a sense of direction to human civilization because it forces us to seek the purpose of our creation and what the creator requires of us. Tauhid is the basis for human brotherhood because all humans issued from one creator. Tauhid is the basis for the relation between humans and the whole cosmos because all were made by the same creator.
1.6 Ubudiyyat, divine slavery, a major consequence of tauhid al uluhiyyat. All humans are slaves of God. A true slave of God cannot accept any other master either in association with God or as a substitute or stand-in for God. Slaves of God alone are free persons in complete control of themselves and are not under the control of other humans, control of the devil, or control by human passion. Humans can only find true liberation is submitting as slaves to God. Whenever they seek liberation in any other way they only change the form of slavery; the outside and form change but the essence remains. Being a slave of God requires that the slave obeys the master in what is enjoined and what is prohibited. The duty of slavery enjoins the following duties / behaviors: taqwa, ta’at, dhikr, and ‘ibadat. Taqwa as used in the Qur’an does not have the usual human meaning of fear. It lies between fear and love. The slave fears displeasing the master but this is balanced by the sure knowledge that the master is loving, merciful, and forgiving. The slave is motivated more by expression of gratitude to the master for His many bounties than by fear of His punishments. Ta’at, obedience, is a practical expression of taqwa. The essence of obedience is fulfilling the injunctions of Allah in matters of commission or omission. Remembrance, dhikr, is essentially awareness of the creator at all times and all places. Worship, ‘ibadat, is for the master alone and nobody else can be associated with the master in worship. ‘Ibadat is the purpose of creation All human activities are ‘ibadat if undertaken with the correct intention and for Allah alone. There is no intermediary or intercessor between the human and Allah in ‘ibadat
2.0 IHSAN
2.1 Overview of Ihsan: Ihsan was defined in the sunnat as perfection of action. Ihsan has inner human motivation. A human who is aware that God has full knowledge and is watching all human actions, will perform to perfection. The concept of ihsan operates in every field of endeavor. We strive to achieve ihsan in iman, in Islam, in ibadat, in mu’amalat, and above in purifying the nafs.
2.3 The nafs is the essence of the human which is considered separate from the physical body. The body is a temporary container for the nafs. The nafs enters the body in the 4th month of intra-uterine life and leaves it at death. A human being is born in a natural state of purity, fitrat al Islam. Pollutants in the social environment or from inner negative promptings lead him astray from fitra. The whole purpose of human life is to purify the nafs, tazkiyat al nafs, to achieve excellence, ihsaan. Tazkiyat al nafs is the process of returning to the pristine origin. Tazkiyat al nafs means working to purify the nafs from the lowest to the highest stations of excellence. Tazkiyat is a long, pro-active, and uphill task whose road map is the Qur’an. It starts with purifying ‘aqidat of falsehoods, correct ‘ibadat, following the Laws of Allah, following the right path unswayed by human passions, hiwa al nafs.
2.3 Ihsan = jawdat (quality): Ihsan is the culture of Islam. Islam sets quality work and excellent performance in all spheres of life as its culture. Quality must permeate all activities. The prophet said that Allah loves ihsan in everything and advised Muslims to perfect every work that they undertake[i].
2.4 The quest for ihsan is a motivator for physical work performance. Motivation can be intrinsic (self motivation), extrinsic (motivation by external rewards), or reactionary (temporary response to events). Intrinsic motivation related to inner convictions is the most effective. Motivation starts with commitment to an intention Ikhlaas al niyyat. The reward for work is commensurate with the niyyat. Any work without niyyat is not recognized. The best of work is consistent and continuous. High job satisfaction is directly related to high motivation. Motivated workers know that work is ‘ibadat and that Allah observes all they do so they strive for excellence, ihsan. Work is ‘ibadat and only Allah can recompense for it.
3.0 IMAN.
3.1 Meaning of iman: Iman is belief and acceptance of a super-human authority and belief in the unseen as required by that authority. Iman is knowledge, acceptance in the heart, affirmation by the tongue, work performance by the body. Iman can be weak or strong. Iman increases with performance of good work and decreases with performance of bad work. It disappears completely for the duration of the commission of a major sin. Iman manifests through practical actions and is not in any way a metaphysical or esoteric experience. It is an inner motivator of externally visible human action and behavior.
3.2 Iman bi al ghaib, belief in the unseen, is the essence of iman. This is however not a blind belief. The believer has evidence from the signs of God that he sees around him to conclude that a great and powerful creator must exist although he cannot see that creator. The Qur’an itself is an intellectual miracle because it has many facts and assertions that a believer can prove to be empirically true by observing what is around him. This proof convinces him that the message is true. He therefore can extrapolate and believe in the unseen mentioned in the Qur’an since he has already convinced himself that the book is authentic. The unseen is of two types: ghaib mutlaq is absolute and cannot be known except through revelation. Ghain nisbi is relative and can be known by experimentation of by further empirical observation.
3.4 Benefits of iman: Iman is associated with happiness because a believer knows himself, his position, his relation with the Creator, his relation with the other humans and his relation with the physical environment. With iman, the faithful can situate himself in the time dimension; knows where he came from and where he is going. This sense of firmness removes the normal tensions of uncertainty and anxiety that humans experience and leave the believer a happy and contented person.
3.5 Arkan al iman: Iman has six pillars: (a) belief in God, (b) the angels, (c) the scriptures, (d) the messengers, (e) the last day, (f) and pre-determination while at the same time basing human action on empirical evidence.
3.6 Meaning of belief in God, ma’ana al iman bi al llaah
The first and most important pillar of God is belief in which comprises: belief in His existence, His oneness, His transcendence, His deserving to be worshipped, His right to legislate, and all His Attributes. God is one, self-sufficient, has neither parents nor children,. He stands on his own, does not sleep, and is the indefatigable Lord and keeper of the earth and the sky. He has no equal, no offspring, and no associate. He has all power and authority. He is living. He is all-knowing. He is takes care of ala creations, and provides for all His creatures. He is strong and firm. He has free and unlimited will and free. He is loving, forgiving, and merciful.
4.0 RISALAT, The message
4.1 Risalat, the message, has three essential components: angels, messengers, and the scriptures. God sent messages to humans as revelation, wahy. These revelations were conveyed from the heavens by angels to human messengers who are prophets chosen by Allah. The most important aspect of wahy from an epistemological point of view is the revelation of books or scriptures. Revealed books are an authority and tell the truth. They are a source of high quality knowledge.
4.2 The Qur'an contains all the previous books. A Muslim believes in the past revelations by believing in the Qur’an because it embraces all true previous revelations. It is not enough to believe in the Qur'an; it must be out into practice. Muslims are obliged to contemplate the meanings of the Qur’an and convey its message to others. The Qur’an, being the last revelation, was scrupulously protected from any distortions. It was written down during the era of the prophet on various writing materials. Thousands of Muslims learn the Qur’an by heart in so many countries that it is impossible for it to be distorted or to disappear. The Qur’an is the word of God and is an intellectual miracle. The Qur'an has many roles: it clarifies ‘aqidat, it is a spiritual guide, it is a source of Law, it is a source of information about past and future events, and is a basis for ummatic unity. Belief that the sunnat of the prophet is valid revelation is part of belief in the Qur’an. The sunnat is an extension and interpretation of the Qur’an.
4.3 Hidayat=following the risalat. Human fitra can tell the difference between god and evil in most situations but there are gray areas that require guidance by revelation. The human being has innate ability to tell right from wrong in most cases but Allah in his mercy sent them messengers and books to guide them because some issues are beyond human reason. Humans are rightly-guided of they follow the message and are lost if they do not follow it.
4.4 Sinning arises when humans fail to follow the guidance. Sinning can arise from inner tendency to evil, external promptings by shaitan, or an interaction between the two. Sins can be minor, saghair, or major enormities, kabair. Sinners can be punished on earth or in the hereafter. It is Allah's mercy that there is forgiveness of sins. All sins except shirk can be forgiven. Humans are encouraged to hasten in seeking forgiveness.
5.0 QADAR, PRE-DETERMINATION
5.1 Qadar & qadha: Qadar is pre-determination or pre-fixing of events before their occurrence. Qadha refers to the empirical or practical occurrence of what was pre-determined by qadar. In the stage of qadar Allah knows what will happen but the human does not. The human has to struggle as best as he can to achieve a desired objective. In most cases human effort is a pre-condition for getting the desired objective. In the stage of qadha the event has occurred, the human has to accept what happened because now he can do nothing to reverse the qadar of Allah. Humans have to surrender to Allah’s will. Belief in qadar is associated with contentment of the heart, avoidance of excessive joy and sadness, bravery and initiative, and lack of fear.
5.2 Knowledge, will, and power. The knowledge, will, and power of God are unlimited. Human will, knowledge, and power are limited. A human in the course of normal life gets good and bad experiences. A believing Muslim knows that all is part of qadar and praises the Lord for both good and bad experiences. The terms good and bad in human experience and knowledge are relative. What may appear to be good may turn out to be bad. What may appear to be bad may turn out to be good.
5.3 Human actions: All human actions were created by God. He knows the actions of humans in advance. He tests humans by letting them be free in the choice of their actions but He knows in advance what they will choose. Whatever choices the human makes God is forgiving and is kind. Free will entails responsibility and humans are responsible for their actions and are accountable for their choices. Humans should not give up struggling relying on qadar and arguing that everything is pre-determined. They have to make all the efforts that is humanly possible to achieve a good result.
5.4 Causality and causal relations: Each event has a cause and the two are related by causal laws set by God. The causal laws are called ‘sunan Allah fi al kawn’ in Qur’anic terminology, are fixed and are stable. God created the causes and the effects. Thus causes are part of qadar. Normally the cause is followed by the expected result. There are however situations such as miracles in which divine intervention breaks those physical laws known to humans. In such situations one qadar is reversing another qadar.
5.4 Misunderstanding of qadar: Correct understanding of qadar requires distinguishing tawakkul that is good from tawaakul that is bad. Tawakkul in relying on God after taking all the necessary measures to achieve an objective following the laws of causality. Tawaakul is giving up all effort and just wait for things to happen. Belief in qadar is part of belief in the unseen because human intellect can not on its own logically work out all aspects of qadar. These are matters of qadar that the human intellect cannot understand fully.
6.0 ISLAM
6.1 Definition of Islam: Islam is not a ‘religion’ in the ordinary sense of the word because it consists of both spiritual and material injunctions. It is built on 5 pillars: shahadat, salat, zakat, saum Ramadhan, and hajj. Islam is oral testament, belief, performance of righteous acts, and following the straight path. A person becomes a Muslim by testifying that there is only one Creator and that Muhammad is His messenger. Carrying out the four prescribed duties of worship mentioned above is a practical manifestation of the 2 testaments.
6.2 Characteristics of Islam: Islam is comprehensive, unitary, indivisible, action-orientation, easy to practice, universal, and is the final message. It is rational and understandable. It establishes freedom of belief and freedom of thought. It is societal, reformist, and revivalistic.
6.3 Islam is a diin of equilibrium, balance, and moderation. It is an equilibrium between divinity & humanity, spirituality & materialism, revelation & intellect, the afterlife & the earthly, individualism & communalism, idealism & reality, the past & the future, responsibility & freedom, following & innovation, duties & rights, stability & change, knowledge & belief, right & might, ‘aqiidat & action, ddiin & state, control by faith & control by authority, material innovations & moral ascendancy, military power & morale.
6.3 The social culture of Islam: Imaam al Nawawi listed 23 hadiths that he called madaar al Islam because they define the social culture of Islam. They can be considered under groups: aqidat, personal conduct, and social intercourse. (a) The fundamentals of the ddiin, usul al ddiin, are Islam, iman, and ihsan. A Muslim rejects Innovation in religion, upholds certainty, rejects doubt, believes in qadar, relies on Allah, and repents from sins. (b) Muslim personal conduct is characterized by purity of intention, good conduct, modesty, following the right path, observing rules of halaal and haram, renouncing materialism, consulting his conscience, quality work performance, starting with the most important work, and fulfilling the 5 pillars of Islam. (c) In dealing with others the Muslim leaves alone what does not concern him, loves good for the others, hurts nobody, offers sincere advice for others, calling to Islam, honoring the neighbor and the guest, suppressing anger, and respecting the sanctity of human life. Islam does not claim monopoly of the truth or righteousness. The Qur’an is the best manifestation of the freedom of thought and expression: it presents opposing views in direct speech.
6.6 Tolerance: There is no compulsion in religion. Islam respects and if necessary physically protect the right of anyone to follow the religion or belief system of his choice. Islam ensures that people have freedom of choice to select what religion or belief system to follow. If that freedom is restricted Muslims are enjoined to physically break the system that denies freedom of choice.
7.0 Shari’at, Law
7.1 Overview
Islamic Law defines and regulates Islamic culture, civilization, and societal institutions. Islamic Law is complete and comprehensive. It serves the best interests of humans. It can accommodate new challenges and can grow. It is a viable system that has can guide and shape modern Muslim societies. Law is revealed and cannot be derived from rational reasoning alone. Most legal rulings can be understood logically.
7.2 Basic concepts, mafahim asasiyyat
The Law is general, comprehensive, religiously motivated, and is a mercy.. The Law has duality: private & public, fixed & variable/flexible; formal and informal. The variable Law is dynamic growing as solutions are sought for new challenges and problems. God is the Law-giver. Hukm is Allah's word relating to actions of individuals. Mahkuum alaihi is the individual who is obliged to take action provided he is intellectually competent and understands the obligation. Legal rulings must be evidence-based either naql/nass or aql/ra'ay. Ijtihad is defined technically as maximum effort to discover legal rulings by extraction from the sources. Taqlid which is accepting a proposition without looking at the evidence is generally condemned.
7.3 Universal applicability of the shari’at
Islam and its Law are suitable for all places and all times due to its conformity to basic human nature, satisfaction of human interests, ease of application, and flexibility. There is in-built flexibility of the fixed part and adaptive flexibility of the variable part. The sciences of the Law, fiqh and usul al fiqh, are very rational, evidence-based, and systematic sciences that employ logic and reason in most of their conclusions.
7.4 Sources of the law
The Qur’an and sunnat are the primary sources of the Law. Ijma and qiyaas as secondary sources of Law based on text, nass. Ijma is agreement of all mujtahids existing at one time on a particular legal ruling based on nass. Qiyas is use of a ruling of one matter for another matter when the two share the same illat. Other sources of the Law are: (a) The word of the companion, qawl al sahabi, (b) custom or precedent, ‘aadat or 'urf, (c) Istishaab which is continuation of an existing ruling until there is evidence to the contrary (d) Istihsaan is preference for one qiyaas by a mujtahid. (e) Istislaah is assuring a benefit or preventing a harm used in mu’amalat but not ‘ibadat. (f) Maslahat mursalat is public interest based on ra’ay when there is no nass. (g) Sadd al dhari'at is prohibition of an act that is otherwise mubaah because it has a high probability of leading to haram.
7.5 Primary purposes of the law giver, maqasid al shariu ibtida'an
The 5 necessities that are generally referred to as maqasid al shariat arranged here in order of importance: religion, diin; life, nafs, the mind, 'aql; progeny, nasl; and property, maal. They are permanent and are unchangeable. Hifdh al din is ‘aqidat, ‘ibadat and supporting functions of ‘aadaat, munakahaat, and mu’amalat. Hifdh al nafs is protection of the body from harm and involves ‘aadaat, muamalaat, and jinayat. Hifdh al nasl is assured by marriage, child-birth within the marital bond, and proper child upbringing. Hifdh al ‘aql is assured by normal psychosocial relations as well as prohibition of alcohol and drugs. Hifdh al mal is assured by property rights and prohibition of stealing and embezzlement.
7.6 Principles of the law, qawaid al shariat
Five major principles, al qawaid al kulliyat al khamsat, are unanimously recognized as the pillars of the law: Intention, qasd; certainty, yaqeen; injury, dharar, difficulty; mashaqqat and custom or precedent, urf. The principle of intention states that each action is judged by the intention behind it. The principle of certainty states that a certainty cannot be changed by doubt. The principle of injury states that injury should be relieved or prevented as much as is possible but cannot be relieved an injury of the same degree. The principle of hardship states that difficulty calls forth ease and mitigates easing of rules and obligations. The principle of custom/precedent states that custom or precedent is a legal ruling and is a source of law unless contradicted specifically by text.
8.0 Ilm, knowledge
8.1 Nature of Knowledge, tabi’at al ma’arifat
Knowledge is correlated with iman, ‘aql, qalb, and taqwah. Knowledge must be evidence-based knowledge. The seat of knowledge is the ‘aql, and qalb. God’s knowledge is limitless but human knowledge is limited. Humans vary in knowledge. Knowledge is public property that cannot be hidden or monopolized. Islamic epistemology, is Qur’ an-based within the tauhidi paradigm and is guided by objectivity. Knowledge can be absolute for example revealed knowledge. Other types of knowledge are relative. The probabilistic nature of knowledge arises out of limitations of human observation and interpretation of physical phenomena.
8.2 Sources of knowledge, masadir al ma’arifat:
All knowledge is from God. Humans can get it in a passive way from revelations or in an active way by empirical observation and experimentation. Knowledge may be innate or acquired. Most human knowledge is learned as observation, ‘ilm tajriibi; transmission, 'ilm naqli; or analysis and understanding, 'ilm 'aqli. Seeking to know is an inner human need that satisfies curiosity. Revelation, wahy, inference, ‘aql, and empirical observation of the universe, kaun, are major sources of acquired knowledge accepted by believers. In terms of quantity, empirical knowledge, ‘ilm tajriibi, comes first. In terms of quality revealed knowledge, ‘ilm al wahy, comes first. There is close interaction and inter-dependence between revelation, inference, and empirical observation. ‘Aql is needed to understand wahy and reach conclusions from empirical observations. Wahy protects ‘aql from mistakes and provides it with information about the unseen. ‘Aql cannot, unaided, fully understand the empirical world.
8.3 Classification of knowledge, tasnif al marifat
Knowledge can be innate of acquired. It can be ‘aqli and naqli. It can be knowledge of the seen, ‘ilm al shahadat, and knowledge of the unseen, ‘ilm al ghaib. The unseen can be absolute, ghaib mutlaq, or relative, ghaib nisbi. Some knowledge is individually obligatory, fard ‘ain, whereas other knowledge is collectively obligatory, fard kifayat.Knowledge can be useful, nafiu. Knowledge can be basic or applied. There are many different disciplines of knowledge; their classification varies with growth of knowledge.
8.4 Limitations of human knowledge, mahdudiyat al marifat al bashariyyat
Human knowledge is limited. Human senses can be easily deceived. Human intellect has limitations in interpreting correct sensory perceptions. Humans cannot know the unseen. Humans can operate in limited time frames. The past and the future are unknowable with certainty. Humans operate in a limited speed frame at both the conceptual and sensory levels. Ideas can not be digested and processed if they are generated too slowly or too quickly. Humans cannot visually perceive very slow or very rapid events. Human memory is limited. Knowledge acquired decays or may be lost altogether.
8.4 Methodology from the quran, manhaj qur’ani
The Qur’an provides general guiding principles and is not a substitute for empirical research. It enjoins empirical observation. It liberates the mind from superstition, blind following, intellectual dependency, and whims. Its tauhidi paradigm is the basis for causality, rationality, order, predictability, innovation, objectivity, and natural laws, sunan al kawn. Laws can be known through wahy, empirical observation and experimentation. The Qur’anic teaches the inductive methodology, empirical observation (nadhar and tabassur); interpretation (tadabbur, tafakkur, i’itibaar & tafaquhu); and evidential knowledge (bayyinat and burhan). It condemns blind following, taqliid, conjecture, dhann; and personal whims, hiwa al nafs. The Qur’anic concept of istiqamat calls for valid and un-biased knowledge. The Qur’anic concepts of istikhlaf, taskhir, and isti’imar are a basis for technology. The concept of ‘ilm nafei underlies the imperative to transform basic knowledge into useful technology.
8.5 Methodology from the classical Islamic sciences
Classical sciences and their concepts are applicable to S&T. Tafsir ‘ilmi and tafsir mawdhu’e parallel data interpretation in empirical research. ‘Ilm al nasakh explains how new data updates old theories without making them complety useless. ‘Ilm al rijaal can ascertain the trustworthiness of researchers. ‘Ilm naqd al hadith can inculcate attitudes of critical reading of scientific literature. Qiyaas is analogical reasoning. Istihbaab is continued application of a hypothesis or scientific laws until disproved. Istihsan is comparable to clinical intuition. Istislah is use of public interest to select among options for example medical technologies. Ijma is consensus-building among empirical researchers. Maqasid al shariat are conceptual tools for balanced use of S&T. Qawaid al shariat are axioms that simplify complex logical operations by using established axioms without going through detailed derivations.
8.6 Islamic critique of the empirical method, naqd al manhaj al tajribi
Using methodological tools from the Qur’an and classical Islamic sciences, Muslims developed a new empirical and inductive methodology in the form of qiyaas usuuli and also pioneered the empirical methods by experimentation and observation in a systematic way as illustrated by the work on Ibn Hazm on optics. They criticized ancient Greek methodology as conjectural, hypothetical, despising perceptual knowledge, and based on deductive logic. They accepted the European scientific method of formulating and testing hypothesis but rejected its philosophical presumptions (materialism, pragmatism, atheism, rejection of wahy as a source of knowledge, lack of balance, rejection of the duality between matter and spirit, lack of human purpose, lacks of an integrating paradigm like tauhid, and being Euro-centric and not universal). European claims to being open-minded, methodological, accurate, precise, objective, and morally neutral have been observed not to hold in practice.
8.7 Tarbiyyat ‘ilmiyyat qur’aniyyat
The Qur’an inculfates a scientific culture in its readers. It encourages thinking, innovation and creativity. It is not a textbook of science but contains many verses that train the mind to observe, analyze, think and act in a scientific manner. It puts emphasis on thinking based on empirical observation. It emphasizes freedom of thought starting with freedom of belief. It provides models of both descriptive and analytic knowledge. It describes the constant laws of nature, sunan al laah fi al kawn, that are fixed and stable. It calls for evidence, rejects false evidence, and condemns non evidence-based knowledge. Human thought is a tool and not an end in itself. It operates on the basis of empirical observations and revelation, both objective sources of information. It calls for objectivity and condemns following subjective feelings and turning away from the truth. It calls upon humans to observe Allah’s signs in the universe and in humans. It makes it clear that human senses have limitations. Rational thinking and logical operations were described. Prudence in reaching conclusions is emphasized. The Qur’an teaches the etiquette of scientific discourse. The opposing opinion should be respected. Differences on scientific matters can arise and are natural. Good discussion is based on: objectivity, truthfulness, asking for evidence, and knowledge. Purposeless disputation is frowned upon. False premises should be abandoned once discovered. Fear of people should be no reason for not revealing the truth. Deception is condemned. The truth of any assertion must be checked.
9.0 Khalq al Kaun, creation of the universe
9.1 The creator, al khaaliq: Everything in the universe was created. God is the sole creator of the universe and all its contents (what exists, what existed before and what will exist in the future). He existed before the universe and will outlive it. There is no associate with Allah in creation and no one else has the power of creation. Creation is a continuous process in biology (reproduction by mitosis and meiosis) and physics (fission and fusion of particles).
9.2 The universe, al 'aalamiin: The universe consists of the earth, the sky, the space that encloses them both, and the space between them. It includes the stars, the planets, comets, galaxies, meteors, empty space, human and other all forms of life. It is subservient to Allah. Part of the universe can be perceived by human senses and is called the world of the seen, ‘Aalam al shahadat is the universe perceived by human senses but ‘Aalam al ghaib is not. Paradise, jannat, and hell, jahannam, were created and are part of the universe.
9.3 The ultimate questions: There are ultimate questions about the universe that are beyond human intellect and can only be answered by revelation: (a) start of creation, (b) end of creation, (c) purpose of creation, (d) the ultimate destiny of the human. The universe could not have arisen out of nothing; it must have a creator. The earth will have an end; it is common human knowledge that everything has a beginning and an end. The physical laws of entropy are a summary of the concept that every system must eventually self-destruct and come to and end. This should logically also apply to the universe. It is only Allah who is eternal and everlasting. He has no beginning and no end. The earths and heavens were created to submit to Allah and worship Him. Everything in the universe worships Allah in its own way even what are perceived by humans as being non-living such as stones, mountains, and rivers.
9.4 Signs of Allah in the universe: The Qur’an like no other scripture calls upon humans to observe the empirical world and deliberate on its bounties and signs. Humans can learn a lot from the open book of Allah’s signs in the universe. The believers see, understand, and think about the signs. The unbelievers reject the signs and behave arrogantly towards them. It is their arrogance that prevents them from seeing and appreciating the signs. Study of science is part of observation and reflecting on God’s creation. It enables us discover many secrets of creation and many signs that Allah put in the universe for our education and intellectual growth and development. The creation of everything in pairs, the creation of opposites, symmetry, and harmony are some of the constant features of the universe that convince the human that there must be a grand design behind all this creation.
9.5 The seen, shahadat, & the unseen, al ghaib: The world of the unseen has two components: the absolute, ghaib mutlaq, and the relative, ghaib nisbi. The nature of the ruh, knowledge of the time of the last day, time of human death, are ghaib mutlaq. Examples of ghaib nisbi are: knowledge of the past and knowledge of contemporary events. Most phenomena in the physical universe are ghaib nisbi. Humans through research or just waiting for long enough can get to know things that were unknown before. The Qur'an and sunnah provide humans with sufficient knowledge of the ghaib mutlaq for them to conduct their affairs.
9.5 Balance and equilibrium: The Qur’anic concept of wasatiyyat is used to refer to the average, the middle ranks, or the normal expectation. The law of action and reaction, tadafu’u, is necessary to restore and maintain order. Being objective allows humans to maintain order. If personal whims and fancies were followed there would be a lot of anarchy and chaos. Minimizing changes and maintaining constancy is desirable in some physical phenomena in order to maintain order. Allah in His mercy also allows changes because rigid constancy would not allow response and adjustment to changing circumstances.
9.6 Physical laws: The universe is ordered and is coordinated. Phenomena in the universe are related in a causal way. The relations are not haphazard. They follow fixed laws. Complex phenomena can be explained by a few simple mathematical equations that summarize physical laws. The laws serve as a reminder that the empirical world is simple and straightforward running on a few basic principles and paradigms. The physical laws according to which the universe is ordered are what the Qur’an calls sunan al llaah. The sunan are among the signs of Allah, ayat al allaah. They are fixed and are characterized by stability, thabat al sunan. They therefore serve as a basis for predictability of empirical phenomena. They explain the consistency, repetition, parity, symmetry, harmony, co-ordination, and purposiveness of physical phenomena in the universe. Even apparent differences and exceptions follow some fixed laws.
9.7 Order: The universe is orderly, systematic, harmonious, and predictable. The order reflects God's will, is the best logical manifestation for one sole creator, and is an open book and proof of tauhid al rububbiyyat. The human body in its gross and microscopic anatomy is a reflection of a high level of order. There is organizational order in all physiological functions. Existence of orderly relationships is the basis of medical treatment. If the chemical reactions were not predictable and orderly, each instance of disease would require new research to discover the right medicine for it. Scientific research would not be possible if there was no order in the universe. There are physical laws that describe and summarize this order. The purpose of all scientific investigation is to find these laws, understand them, and use them for the benefit of humans. The universe has a stable state to which it returns after temporary disturbances. This state is referred to as homeostasis in physiology. Negative feedback maintains homeostasis. Compensatory mechanisms in normal physiology assure return to the normal resting state. In patho-physiological situations, corrective mechanisms fail to restore order after disturbances and this results eventually into definitive pathological changes and disease.
9.7 Change: Only God is permanent. Everything else changes continuously. The physical laws are also permanent but their application in different circumstances produces different results. Change is a constant phenomenon in the in nature. The miracle of God’s creation is that changes are regulated and are co-ordinated. They follow a system. Such phenomena can occur only occur in a situation in which there is one powerful creator for the universe. One of the major discoveries in science is that matter and energy are inter-changeable. Day and night follow each other in a predictable way. The sun and the moon move in fixed orbit and move according to accurate and predictable reckoning. Climate or weather is one of the manifestations of constant change. Periods of rapid growth in infancy and adolescence are periods of major and rapid biological change. This change is not chaotic. It follows a fixed predictable order. This biological clock operates on a daily basis i.e. hours of sleep and wakefulness. It also operates on a monthly basis for female menstruation. Physiological reactions and processes are in a state of constant change. The change is according to a definite order and is not chaotic.
10.0 Khalq Al Insan, creation of the human
10.1 Humans being created cannot participate in any way in the creation process. They are of dual nature being made from ruh and matter. Humans were created de novo as humans. All humans have a common biological origin and are different from other creations of Allah. Human creation is optimal in structure and function. It is beautiful, orderly, harmonious, organized, and precise. It manifests signs of God. It is superior to and is honored above all other creations. It is unique and the most sophisticated. Humans have 3 unique features: the ruh, carrying amanat, khilafat, and taskhiir. The human is dual being both body and soul; matter and spirit. Animals have only the body whereas angels have only the soul. Humans agreed to carry amanat while all other creations were afraid to do so. Humans were placed on earth as viscegerants. All other creations were made subservient to humans.
10.2 Creation and not evolution, khalq wa laisa tatwiir
The Qur’an teaches that Adam was created de novo as a human. Human history therefore starts from Adam the fully formed human being. All human beings have the same biological origin. Human creation was a deliberate and not a random or accidental event. It was revolutionary and not evolutionary. Islam believes in a creator God. Evolution by natural selection is denial of the existence of a creator God. Our arguments against the theory of evolution are based on the premise that it is a theory that is unproven. The theory has been continually updated to fit new data while its atheistic and non-scientific core was left intact. Creation is a simpler explanation of the data on similarities and differences among living things than evolution by natural selection.
10.3 Parity in creation
Parity found in human creation is part of the general phenomenon of parity found in other creations of Allah. The Qur'an has mentioned parity in all creation. There is parity in humans. There is parity in animals, parity in plants, and parity in physical phenomena like day and night.
10.4 The natural state, fitrat
Allah the creator created humans in the state of fitra. This is the best state both biologically, morally, socially, and psychologically. Fitrat can be degraded or distorted by human behavior biologically, morally, and in terms of ‘aqidat. Both nature and nurture play a role in human action and behavior. The relative role of each varies according to what aspects of human biology and behavior are being considered. The basic human fitrat enables humans to know the bad from the good in most cases without the need for revelation, wahy. Revelation and human experience only reinforce what is known innately. There are however a few aspects that humans cannot know without the guidance of revelation. Humans have innate weaknesses in their fitrat.
10.5 The essence: nafs, qalb, ruh
The essence of the human is the nafs. The words qalb and ruh are also used to mean nafs. The exact nature of the nafs, ruh, or qalb is in Allah’s knowledge. The nafs has three levels: prone to evil, nafs ammara; self-reproaching, nafs lawamat; and perfect, nafs kaamilat. The nafs kaamilat is satisfied, nafs mutmainnat; pleased, nafs raadhiyat; and pleasing, nafs mardhiyat. There are many signs of Allah in the nafs. The nafs has positive and negative attributes. It can change to the good or the bad. The qalb has been described as associated with iman, emotions, sensation, intellect, responsibility, and guidance. The qalb can be influenced or changed. The ruh is eternal. It was created before the body. It is the essential difference between a human and an animal. The ruh does not return to earth after death. Those who claim to make contact with souls of the dead are liars. Islam does not accept the concept of transmutation of souls (movement of the ruh from one person to another). It also does not accept reincarnation.
10.6 Duality
The non-material part of the human is the nafs or the ruh. It is the essence and the most important. It is the source of identity for each individual human. It is permanent existing before and after the end of the physical part of the human. The physical form of the human body is temporary. The uniqueness of the human lies in the duality of matter and ruh. Human behavior is a reflection of the dual nature but the ruh and nafs have overriding control over the body. The physical part of the human through the hormonal and neural drives is also responsible for some types of behavior.
10.7 Attributes of the human, sifaat al insan
It is a unique duality of the human that he has both negative and positive attributes. The human is superior because of ability to do good despite the potential for evil. The positive attributes of humans as: gratitude, desire of both the earth and the heaven, and belief. On the negative side the human is described as proud, unjust, hasty, miserly, ignorant, foolhardy, neglectful, evil-doer, spreader of evil, denier of the truth, kafir & kafuur, polytheist, hypocrite, niggardly, argumentative, perfidious, adversarial, despairing, impatient, fretful, transgressor, self-sufficient, ungrateful, denier of favors, and lover of passions. The most important attribute of humans is intelligence that is highly developed, sophisticated, specialized, and capable of abstract thought and problem solving. Human aggression is a constant characteristic of humans as individuals and societies. It always leads to destruction. Aggression can be against the self, dhulm al nafs, other humans, dhulm al ghair. Aggression is the final pathway for many of human weaknesses and failures. The first recorded act of human aggression was homicide committed by one of Adam’s sons because of jealousy. Since then human history has been characterized by aggression of various types and kinds. Human aggression is so much that even when seeking recreation, they have a tendency towards sports like boxing, wrestling and others that allow expression of the inner tension or aggression.
10.8 Criterion of human superiority, mi’iyaar al afdhaliyyat
Humans aware of their superiority and distinction from other creations will have the self-confidence and self-esteem and will power needed to adopt and maintain healthy life-styles. Present medical technology and knowledge are sufficient to eradicate most human physical diseases if humans were willing to change to healthy lifestyles. The human is superior to every other living and non-living thing that God created. God honored the human above all other creation. Human superiority is due special attributes and capacities that Allah endowed the human with. Human superiority is not based on body size, physical strength, or any special anatomical or physiological function. Human superiority is generic and not specific for any individual human. Humans as a group are superior to other creations but individual humans may not be. Human superiority is not a right. It is a potential that can be developed or can be neglected. Not every single human individual can claim this superiority. Humans can rise to the summits of excellence. Humans can also fall to be the lowest of the low and could be worse off than animals. Taqwa is the basic criterion of superiority. It is a final common pathway for the 4 criteria of human superiority: intellect, ‘aql; a free will, iraadat; responsibility, amaanat; and moral guidance, hidaayat.
10.9 Mission Of Humans On Earth
‘Ibadat is the purpose of creation. It in turn defines the mission of humans on earth. The mission of the human is therefore to undertake ‘ibadat. A human who establishes ‘ibadat is successful in the mission. The concept of ‘ibadat in Islam is very wide. It includes virtually all human endeavor and all human activities. Closely related to ‘ibadat is the concepts of istikhlaf (vicegerancy of the human on earth) and and isti’imar (building of a material civilization on earth). Both istikhlaf and isti’mar are part of the mission of humans on earth. The scope of the human mission is as wide as the scope of ‘ibadat. ‘Ibadat in Islam is comprehensive embracing all human endeavors done in sincerity and without disobeying any of Allah’s commands. Although every human endeavor can be ‘ibadat, only those undertaken with the correct intention, niyyat, are rewarded as ‘ibadat. An act of ‘ibadat can therefore not be accidental. It must be a consequence of a deliberate choice and intention. The human mission covers responsibility in the family, in the community, and in the eco-system. The duration of human responsibility covers the present and the future. It does not include the past, no human can be held accountable for actions that they were not a party to. While humans undertake work to build and maintain a civilization today they must have a sense of responsibility for generations to come. The benefits of today must be balanced against the harm of tomorrow. The continuity of the mission requires that a human is engaged in a continuous way in fulfilling the mission. Since the mission is of finite duration, humans must be aware that there is accountability, hisaab, at the end with rewards and punishments. The nature and level of responsibility for the mission varies with time in two ways: chronological age and calendar time. Children, adults, and the elderly have different responsibilities. Different epochs in human history have posed different challenges and hence different levels of responsibility. With passage of time, humans tend to forget or neglect the mission. The constant challenge before humans is to resist forces of evil that take them away from their mission.
10.10 Diversity of humans
All humans were created from one single origin. This means that there are shared characteristics among all humans. All humans are from Adam. Modern discoveries about DNA and the molecular basis of life prove that there is a biological commonality that must have been caused by a common origin. Unity of humanity is based on the common biological origin. Islam does not accept the concept of sub-human types. Primates may have external features similar to humans but they are, like humans, a unique creation by Allah and not a sub-human type. As far as we know all offspring of Adam are on planet earth. Humans differ from angels and jinn. Humans have a physical body whereas angels are only energy. Humans have a free will but angels have none.
10.11 Common social origin
Humans started as one family that of Adam. They were at one time one community or nation. They share common traits. They have a sense of family and kinship. The sending of prophets to different communities with the same message has reinforced the common social origin of humanity. Because humans all arose from one primordial civilization, we can detect many similar social institutions in people living in different parts of the globe. The common social origin of all humans has also been reinforced by transmission of culture from place to place and from one generation to the next.
10.12 Biological similarities:
Biological similarities should actually point to one creator and not necessary one original primordial creature that evolved down the ages. Biological similarities among humans are based on common genetic control based on DNA, the same cellular structure and function, same chemical composition and function Human DNA is similar across many human groups. The cell is the basic building block of the body. There are hardly any detectable differences in structure or function of cells among different human groups. The bio-chemical and metabolic functions of the cells are all the same. There is specialization among cells therefore they differ in structure and some of their physiological functions. The ability of humans of different racial and ethnic groups to inter-breed is further proof of their biological similarity.
10.13 Biological differences:
Biological differences indicate the power of the creator to create variations while at the same time there are commonalities. These differences were created by Allah and did not arise as passive adaptations to the environment. Allah deliberately created these differences to coincide with the geographical habitat, the environment, or the ecological niche in which they live. Basic biological differences among humans can be described as based on skin color and minor variations of body anatomy and physiology (weight, height, disease susceptibility, external physiognomy) that are used in a rather vague way to define three basic racial types: Caucasian, mongoloid, and Negroid. The races cannot be distinguished on the basis of genetic or DNA structure. Allah deliberately created differences in color as one of His signs. Skin color is due to varying amounts of melanin and carotene. Minor variations of body anatomy and physiology include weight, height, and external physiognomy. These are apparently not established differences because secular variations have been observed over time. There is no generally accepted scientific evidence that differences among humans due to the environment cumulate and lead to evolution of a different species. All humans are one species and can intermarry and reproduce.
10.14 Other differences;
Humans vary by gender, race, customs, language, and social organization. Males and females are different biologically, psychologically, and emotionally. These differences do not indicate superiority or inferiority. They are rather part of Allah’s scheme for a balanced society with specialized and complementary functions. There is no pure or homogenous race because of extensive interbreeding. Customs are ways of living followed by a great many people. They are transmitted from generation to generation. Customs are a factor of similarity within the community and factors of differences between communities. Different languages were created by Allah as one of His signs. Languages change continuously as they adapt to differing needs of communities. The physical environment imposes social similarities on all people living in it that differentiate them from those living in other environments. Each individual has a unique biological and spiritual identity. Not all people will be the same even when given equal opportunities. These differences do not by themselves confer any superiority. The only true criterion of human excellence is taqwa and only Allah can determine an individual’s level of taqwa.
11.0 TAMADDUN
11.1 Cycles of civilizations, dawrat al hadhaaraat
History teaches us moral lessons. The origin of all civilizations is one. Each civilization has a fixed life-span. The isti’mar is physical construction and development of the earth. Humans developed civilization because of a sophisticated brain, erect posture, and a versatile hand that makes tools. Civilization went through stages of hunting & gatherers, agriculture, technology, and social development. Conflict and cycles of civilization are constant in human civilization. The weak become strong and the strong become weak. Each civilization has a fixed life span. The rise and fall of civilizations follows fixed social laws. The reasons for rise of civilizations are: innovation and dynamism, courage, adventurism and risk-taking, internal freedom, law and order, outward-looking, group feeling, big population, and natural resources. The reasons for fall of civilizations are intellectual stagnation, narrow ethno-centricism, oppression, demographic contraction, economic contraction, imbalance between reason and emotional, and imbalance between man and technology. No civilization can be eternal. Once a civilization collapses it can not return. Only the Islamic civilization can be revived after collapse. The climate determines the type of civilization. The Qur’an & sunnah can be bases for Islamic civilization.
11.2 Khilafat
Discussed here is human vicegerancy, khalifat al llaah ala al ardh. Success of the human as a khalifah is judged by 2 criteria: preventing evil, mani’u al fasaad, and preventing the spilling of blood, mani’u safk al dimaau. Based on its criteria, khilafat has a very wide scope that embraces all human endeavors including relations of the human with the creator, with fellow humans, with other living things, and with the whole eco-system. Khilafat is an honor for humans who were set upon the earth to build a civilization. Allah prepared humans for the duty of khilafat: He made the earth subservient to humans, taskhiir al ardh li al insaan, gave humans an intellect and a free will. Khilafat is a trust, amanat and accountability.
11.3 Taskhiir
Allah made all other creations subservient humans. Living and non-living things are used by humans for their benefit. Taskhir is temporary and on specific matters and can be taken away by Allah at any time. Human control and exploitation of the universe is not complete or perfect. Humans are the only living things able to change the environment around them. Taskhiir carries responsibilities. Taskhir is a privilege and not a right. The power given to humans to control the environment must be exercised with care maintain harmony and equilibrium in the universe. Humans in their arrogance forget or deny the great bounties Allah gave them by taskhir and get punished for this on earth and in the hereafter. Humans are however able to control and use them because of a more developed brain and intellect. It is the intellect that enables humans to understand Allah’s signs in the universe and to benefit from them. Human intellect enabled the development and use of tools. This gave humans more ability to exploit and benefit from the earth’s natural resources. Using their intellect humans have developed sophisticated communication and are able to learn. They also have developed means of transportation.
12.0 MU’AMALAAT: THE FAMILY
12.1 THE GENDER ISSUE:
Over-view: Islamic Law assigns roles, rights, and obligations based on the acknowledgement of similarities and differences between the genders. The Qur’anic concept of parity, zawjiyat, is the basis for complementary relations between males and females. Issues of equity, equality, justice, and division of labor are associated with parity. Males and females are from the same creation. Males and females are allies of one another. Males and females get reward equal to that of men for work that they do. Women’s opinions are respected. Women participate in the political process. The testimony of one woman is equal to that of one man except in some business transactions. Women fought side by side with men. Despite many equal or similar challenges and responsibilities, women should not behave like men because they are different.
General principles: Women and men are equal in their religious, ethical, civil rights, duties and responsibilities. Exceptions are very few and arise because of different responsibilities or differences in basic biological nature. The Qur’an assures religious equality, ethical equality, and civil equality. Men and women are from the same creation. They have equal worth, equal moral and legal status, equal religious and educational rights, and equal reward for equal or equivalent work. Women and men are equally challenged in some activities and are unequally challenged in others. Women have their individuality, responsibility, and accountability independent of men. Islam fosters a dual and not unisex society. There should be no competition between the genders but interdependency. Women are allies of men. Men and women need one another.
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Gender differences: Each gender should accept its identity and not try to compete with or emulate the other. Biological, psychological, and emotional differences between the genders are Allah's plan for a balanced society and do not confer consistent advantage or superiority to one gender to the disadvantage of the other. There are very few established and consistent gender differences. Men are superior to women in visual-spatial abilities and quantitative abilities. Women are superior to men in verbal ability. Males and females communicate differently.
Equityand equality: Different does not automatically mean unequal. What is needed is equity and not similarity. The rules of Shari’at and acts of worship in Islam apply equally to men and women. There are only a few differences in the details due to different natures of men and women and role prioritization. Islamic law gives the women full competence to own and dispose of property before and after marriage. Working outside the home is allowed if it does not hurt the family and rules of modesty and interaction with the other gender are followed. Islamic law forbids forced marriage of women. The sharia allows a woman to propose marriage. She can accept or reject any suitor. A woman can legally obtain a divorce from an unwilling husband. Men have special leadership roles in a conjugal relationship. It must however be remembered that the relationship started with free consent of the woman. The Law places very few restrictions on women. Most verses are restrictions on men to prevent their transgression against the rights and modesty of women.
The law of the woman: The woman is a human being like the man. She is not responsible for the original sin; Adam and Hawa were equally guilty. Her work is accepted by Allah as much as is the work of the man. She is not a bad omenShe has the right to inherit and the right to own property. She is equal to the man in rights and obligations. The woman differs from the man in the amount of diyat, the amount of inheritance, and giving court evidence. There are gender-specific regulations for taharat, ibadat, dress, and child custody. The rest of the Law makes no distinction between men and women. The woman has a right to work. The work may be ‘amal duniyawi or’amal ukhrawi. “Amal ukhrawi is obligatory for both men and women. Work of the duniya, ‘amal al duniya, for purposes of earning a living is obligatory for men, waajib ‘ala al rijaal, and mubaah for women if certain conditions are fulfilled. The woman has a role in public leadership.
15.2 THE FAMILY
Family: structure and function: The family is both a social and biological unit. Members are related by either marriage or parentage. The family has sexual/reproductive, social, psychological, and economic functions.
Rights and responsibilities: Each member of the family husband wife, or child, has both rights and responsibilities. In a healthy family, members fulfill their obligations and responsibilities before demanding their rights. Both parents are jointly responsible for the upbringing of their children (aqidat, emotional, physical, psychological, and social). Each of the spouses has rights and responsibilities to the other.
Leadership in the family: The husband is the legal and customary head of the family. His leadership is based on more responsibilities. He is legally responsible for the financial up keeping of the family. There are many aspects of the family's life in which the wife's leadership must be recognized because she is the specialist. The extent of the wife’s responsibility varies by culture and custom. The wife is the primary educator of children shaping their character and personality. The wife and children must obey the head of the family in order to keep the family united and orderly. He in turn should listen to and respect the opinions and interests of all members of the family. A family cannot survive if there are two equal and competing heads. A wife who wants the success of her family and its happiness will defer to the husband's leadership role.
Success of the family: Habits for family success are learned from childhood. Careful selection of the spouse is necessary. Any defects found after marriage are either corrected or are tolerated. Spiritual development is by remembering Allah often, praying in the home regularly, inculcating iman in the children, following the sunnat and reading the Qur’an regularly. The family library should contain good books and audio-visual materials. Shura should be established by discussing family matters with the spouse and children. Children should not see conflicts between parents. The head of the family must exercise control over family activities with compassion and firmness. He should monitor what the children are doing. Meal and sleep times must be fixed. All members of the family should cooperate in the household work. Members of the family can joke and have fun with one another. The family should buy only what it needs. Indebtedness must be avoided. In order for members of the family to interact and develop the necessary bonds, they need time together and privacy from the rest of the community. Family secrets should be kept within the home. All members of the family must feel secure in their home physically, financially, psychologically, and emotionally. Members of the family may have to make sacrifices to make sure that their families are secure. The sacrifice may be time, financial or even accepting some inconveniences and humiliations.
15.3 MARRIAGE
Purposes and nature of marriage: Marriage is a natural institution that is encouraged. It is a civil contract that is legally valid under these conditions: 2 adult witnesses, question and answer, and mahr. Unlike other civil contracts, it cannot be concluded for a limited duration. No conditions repugnant to the sharia can be valid in a marriage contract. Marriage is a source of psychological, social, and emotional tranquility and stability. It protects from sexual corruption. It provides the best social structure for childbearing and child rearing. The ideal age for marriage varies by gender and society. Exogamy and monogamy are preferred. Polygamy is allowed in some situations and forbidden if justice cannot be maintained. Success in marriage depends on selection of the right spouse, spousal compatibility (psychological, emotional, socio-economic and culture), and tolerance and adjustment for incompatibilities. The qualities looked for in a husband are religious commitment, kindness, a gentle attitude to women, intelligence, strength of personality, a good family background, a known lineage, knowledge of the Qur’an and sunnat. The qualities of a prospective wife are: religion, pedigree, wealth, and beauty. The best and permanent value is religion (Islam, iman, taqwat). A good wife is patient, humble, charitable, sincere, loyal, trusting, supportive, obedient without feeling inferior, peaceful, cheerful, modest, chaste, and respectful of the husband's parents, relatives, and friends.
Success of marriage: The pillars of marriage are pronouncement, witnesses, wali, bride, and bridegroom. The prospective spouses must be of legal age and legally competent. Social equality and financial ability are desirable but are not necessary condition. Exogamy is preferred for medical reasons. Mahr establishes the woman’s financial independence. A good spouse is the best asset on earth. Each spouse must be prepared to adapt and to try to do what will please the other one. The following factors determine success of failure of the relationship: successful communication, love and empathy, kindness, mutual respect, mutual understanding, respect for rights and responsibilities, sexual attractiveness, conflict resolution and control of jealousy.
Marital dysfunction: Marital failure manifests in the appearance of the home, and behavior of the 2 spouses. The general atmosphere in the home is unhappiness. There is depression, loss of interest, and de-motivation. The following are possible causes of marital problems: sexual dysfunction, poor communication, infidelity, incompatibility, mental illness, personal incompetence of either spouse, social stresses, social dysfunction, and poor communication. Misunderstandings should be minimized. The best policy is to avoid conflict by each spouse doing what pleases and avoiding what annoys the other. Unresolved conflicts could lead to spousal physical or emotional abuse. Primarily the two spouses talking to one another and finding the cause of conflict should solve conflicts. If they cannot resolve the matter they should seek arbitration by people of wisdom and character.
Marital failure: A marriage can be dissolved by death, divorce, or annulment by a court of law. Although permitted, divorce is the most hated of the permitted things. Reconciliation should be attempted before the final divorce. Even after divorce, good treatment of the wife in enjoined by the institution of the post-divorce financial support. When a divorce occurs, both spouses are partners in the failure. The following factors are related to the risk of divorce (1) Socio-economic (SES) differences between spouses (2) a big age difference or both being too young (3) financial difficulties. Divorce is preceded by (1) withdrawal of love (2) lack of attention to the needs of each spouse (3) belittling (4) criticism. Divorce impacts both the spouses: anger, depression, and a feeling of relief if the relation was abusive. Children of divorce are affected economically and emotionally. They cannot understand what happened. The effects are long-term. The signs and symptom of family failure are bad physical appearance of the home (dirt, poverty), poor behavior and interaction of family members (conflict, laziness, lack of outings and regular meals). The house is not organized and is often dirty. Conflict is the commonest manifestation of family failure. Love and mutual help are replaced by acrimony and bad feelings. Conflict is commonest between the spouses. It could also occur between parents and children or among the children. Other members of the extended family may also be involved. Lack of routines and regular meals are manifestations of lack of leadership and initiative in a failing family. Laziness indicates lack of purpose and low motivation.
15.4 PARENTS AND RELATIVES
Good treatment of parents, birr al waalidayn: The Qur'an has in many verses enjoined good treatment of parents. Good treatment of parents is one of the most loved work to Allah, is a reason for entering heaven, and has great rewards. Good treatment covers both the father and the mother. The mother has preference in companionship. Birr al walidayn includes doing good for them, honoring them, praying for them, and extending the good treatment to their friends. The friends must be respected during the life and after the death of the parents.
Duties to parents: Parents must be respected and never shown any contempt whatever their behavior. Each spouse should show consideration to the parents of the other spouse like his or her own parents. Talking to parents must be polite without raising the voice. Righteous parents should be followed. Parents must be obeyed as long as they do not order committing a sin. Their reputation and wealth must be kept. Attempts must be made to do what pleases them. They must be consulted in all matters and apologies must be offered them if for some reason their advice cannot be followed. There must be an immediate response when parents call. Kindness and generosity to parents in their senility and weakness is only a partial repayment of their efforts when the children were young. Gratitude for the parents' suffering and sacrifices must be shown. Their friends must be treated with generosity. The following are done for them: standing up to greet them, kissing their head, helping them with their work, and visiting frequently.
Mistreatment of parents, uquuq al walidayn:. Parents cannot be abused, insulted, or cursed. Cursing or mistreating parents is considered one of the major sins and leads to severe punishment. Allah responds to parents' dua against their children. The voice should not be raised in the presence of parents. Parents must always be told the truth and no lies should ever be told to them whatever the excuse. The grandchildren and spouses cannot be preferred above parents in any situation. Generosity must be extended to parents; miserliness to them should be avoided. Parents of others should never be mistreated or insulted. They may insult your parents as a return and you will have caused injury to your own parents.
Birr al arhaam: The near kindred are described in the sunnat. The Qur’an enjoins good treatment of the near kindred. This includes feeding them, giving them financial support, , joining kindred relations, and loving them. They have definite rights that should not be violated and these include rights of inheritance as enunciated in the law of inheritance. There is great reward for joining kindred relations. A person is rewarded for good companionship with relations. It is sin to cut off kindred relations. Doing good for relations is expiation from sins. Kindred relations are more deserving of charity. It is duty to call the kindred relations to Islam. However love for kindred relations should not stand in the way of establishing the truth.
Relations as social insurance: Islam teaches joining kindred relations and castigates cutting them off. The extended family is supposed to be an association for mutual material and psychological support. Good relations within this association ensure that help will be available at the time of need.
15.5 CHILDREN
Growth and development: Growth refers to increase in body size. The stages of physical growth are: infancy, early childhood, middle childhood, adolescence, young adulthood, middle adulthood, and old age. Development increases functional specialization and capability. It includes both maturation and increasing experience. It has biological, cognitive, and social aspects. It is a continuous process. Later development builds on earlier experiences. Breast-feeding by the mother is strongly emphasized because it is the best nutrition in the first stages of growth and also has important psychological effects. Development impairments early in life could affect the capacity for development later in life. Parents must be aware of the rapid growth and development of children and should adapt their parenting to the requirements of each stage of growth and functional development.
Relations of parents and children: A child must belong to a set of parents, a family and a community. Lineage is the basis of self-identification and self esteem. The name influences self-concept, identity, and self-esteem. Love for children is natural and ensures protection and for the children. The love for children and their treatment should be the same for all regardless of gender. Parent communication with children must be open, honest, mutual, nurturing, and consistent. Parents must have time to play with their children. Successful parenting requires a high tolerance level for children. Children's actions and behavior cannot be judged by adult standards. Each child is an individual; each is different. Parents should teach the following to children: love of Allah, loving jannat, hating jahannam, salat by age 7, reading and memorization of Qur’an, telling the truth, avoiding kufr and the prohibited, avoiding shirk, rules of dress especially for girls, using the right hand, basmalah before any activity, adhan and its response, avoiding bad company, bravery, and revenge against the transgressors.
Moral and social development: Children are born in a pure and natural state, fitrat; it is the environment that shapes them into either good or bad people. The first 7-10 years are the formative period of personality. Influences at this stage of life, positive or negative, have long lasting impact. The age of legal maturity is defined biologically as either 15 years or the appearance of definitive signs of puberty. Attaining the age of legal maturity does not mean attaining wisdom. Many problems arise from high expectations of legally mature but unwise children. Good manners and attitudes are not taught but are shown to children. The social environment that children are exposed to should be carefully controlled. Children must be guided to understand moral issues. Moral values can be taught by use of stories since young children cannot appreciate abstract notions. Children should be taught the kalima, love of Allah, love of jannat, reliance on Allah, salat, reading Qur'an, attending salat al-Jama’at, truthfulness, hard work, love of learning, exploration, bravery, and courage. Selfishness should be discouraged. Children should be warned against sins such as: kufr, shirk, gambling, pornography, and smoking. They should be taught to wear Islamic dress, to use the right hand, cleanliness, and respect for the visitor.
Intellectual development: Children are not a tabula rasa. They certainly are born with instinctive knowledge of their creator. However their data bank is limited. Their ability to learn from the environment is also limited. Development is individual and there are no fixed norms. Tarbiyah must be related to the level of intellectual and social development. Genetic endowment determines basic intelligence and its potential or ceiling. Environmental stimulation enables reaching the potential. Children understand and retain information at a level higher than what most parents imagine. Children are born with an inner drive to investigate, explore and learn from the environment that should be used in the learning process. Learning should be a pleasure. Fear or scoldings are counter productive. A warm and democratic home fosters intellectual growth. The layout, organization and running of the home should be designed to facilitate child development and not for the convenience of adults. The first intellectual skills that should be taught are language skills. Language influences the way people think. The first words that children learn should emphasize Iman. Complex, detailed, stimulating language should be used. Read to children as early as possible. Early interest in books carries through to adulthood. A second language should be taught as soon as the primary language is stable. A second language is best mastered before puberty. Arabic, the language of the Qur’an, is the preferred second language. There should be zero tolerance for colloquial Arabic.
Discipline: Children should be taught obedience. Obedience is an attitude. It starts with obedience of Allah then the parents then those in authority. It also includes obedience of the physical laws and acceptance of social realities. Disobedient individuals tend to be marginal individuals in society; they may commit crimes and cannot be good and religious individuals with stable family life. Obedience should be taught by example. A wife obeying her husband and a husband obeying his parents are very good models for children. Disciplining of children must be firm, fair and appropriate. There must be house rules that are not broken. Too much scolding or belittling is child abuse. Children should be treated as individuals. They must be respected as humans with rights, feelings and concerns. As individuals they have a God-given self-worth and an identity that is unique. Children cannot be the same and should not be expected to behave is similar ways. Neither should you expect your children to be exactly like you. Children must be loved and that love should be shown. Parental love for the youngest children should never be conditional. Preference for either male or female children is an un-Islamic custom. Building self-esteem in children requires time and effort. Teach them to communicate their feelings. Listen to them. Negotiate and compromise with them in matters that are not strict rules. Your disciplining must be fair and consistent. Give them responsibilities and tasks. Allow them to make some decisions. Have a sense of humor. Give them loving care.
16.0 MUAMALAT: SOCIAL INSTITUTIONS
16.1 UKHUWWAT
Duties of brotherhood: There are several types of brotherhood. Ukhuwwat insanuyyat is universal human brotherhood shared by all humans. Ukhuwwat imaniyat is brotherhood shared by all believers. Ukhuwwat islamiyat is based on self-identification as a Muslim. Ukhuwwat shaitaniyat is based on common allegiance to shaitan. Ukhuwwat nasabiyyat is based on blood relations. Brotherhood is the basis for positive relations among people. The prescribed duties of brotherhood taught by the Prophet (PBUH) are: returning greetings, visiting the sick, following the funeral procession, accepting invitations, and responding to the sneezer. These represent the minimum that a brother must do for his brother. The general duties of brotherhood are taking care of the weak, ibraar al qasam, nasiihat for every Muslim, tolerance of differences, overlooking minor injustices, flexibility, forgiving when annoyed, reconciling between people, loving good for other Muslims, helping the weak and the oppressed, solving problems, fulfilling needs, compassion, kindness, caring giving moral support to others and helping them fight shaitan, protecting the honor of Muslims and not broadcasting their weaknesses, keeping secrets, concealing faults of other Muslims as long as there is no dhulm, fulfilling promises and commitments, good behavior and good manners even with evil people, interdependence, maintaining relations, humility, mutual respect, respect for the elderly, respecting leaders of other people, and respecting cultural and personal differences as long as they are within bounds of the Law. The special rights of love and respect are for scholars, parents, relations, neighbors, guests, the poor, the needy, the weak, and the traveller. The following should also be respected in a special way: colleagues, those devoted to Islam, and those with opposing views.
Social interaction: Formal groups are large and impersonal. Informal groups are small but personal. The family is an informal group that is intimate and personal. A person can belong to several informal or formal groups at the same time. The term jama’at is used to refer to Muslim groups. Relations between people may be positive or negative. Relations must be genuine. Interaction evolves from the stage of initial meeting (i'ltiqa), selection, choice and conscious decision to cooperate (intiqa), and rising above selfish interests to secure a higher common purpose (irtiqa). Social interaction can be cooperation, competition, or conflict. Interdependence is a basis for social interaction. Social power is control the actions of other people. It can be physical, formal authority, or influence. Some control is needed for efficient functioning of society. Social deviation is failure to conform to customary norms.
Social etiquette: Etiquette of the meal is starting with tasmiyat, using the right hand, eating what is infront, being humble, and not criticizing the food, thanking Allah at the end of the meal, attending a meal only by invitation and not bringing along an uninvited guest, a dua for the host, and leaving immediately after eating. Forgiveness, humility, and self improvement are encouraged. Spying, pride, anger, jealousy, approaching zina, transgression, and hatred are discouraged. The rights of the guest and the host must be respected. Conversation should be polite and moral. Manners of the road must be observed. Unity, cooperation, and reconciliation should be encouraged. The good is enjoined and the bad is forbidden.
Social diseases, amraadh ijtima’iyyat: Dhulm is ruling by what Allah did not enjoin, physical and psychological harassment of others, and violating the rights of others. Corruption is in the form of bribery, nepotism, and favoritism. Mass media cause annoyance for Muslims, backbiting, rumor mongering, mockery, lying, abuse, and false accusations
16.2 TAKAFUL
Mutual social support within the family: Mutual social support in the family includes good treatment of parents, giving help to relatives, child care, and inheritance to assure financial support fot surviving members of the family. The Islamic system of inheritance makes sure that the wealth of the deceased is distributed among as many relatives as is possible so that excessive wealth accumulation can not be transferred from generation to generation.
Mutual social support in the community: Believers are like walls a building that support one another. A person cannot be a true believer until he likes for his brother what he loves for himself. A believer who relieves stress from a Muslim will have his stress relieved on the last day. Kindness and empathy are enjoined. Charity is given to the needy who ask and those who do not ask.
Support for special social groups: Some social groups require more support and attention than others. Orphans must be taken care of and their wealth must not be embezzled. The widow and orphan are weak members of society who have a right to relief. Orphans should be fed and clothed. Travelers are often in need of help when they are far from their communities. Indebted Muslims also need relief when they have no other way of clearing their debts.
The welfare society and social justice: The community must help the poor in order to establish social justice. Feeding the poor is expiation of sins. Working to help the maskin is like engagement in jihad. Those who feed the maskin have strength of heart. Clothing the makiin is a great action. Zakat is taken from the rich and is given to the poor. Poverty can be relieved by zakat and sadaqat.
16.3 SHUURA
Over view of shura: Shurat al jama is used by the community uses to reach decisions binding on the leaders and individuals. It is is a legal obligation with its rules and procedures. Tashawur is discusion of different views to select what is the best without being binding. Being advisory it is neither obligatory nor binding. The prophet consulted his followers. He taught that he who consults does not regret and does not go wrong. The scope of shuur a was limited in the lifetime of the prophet because wahy was available. The khukafa al rashiddin used shuura extensively in reaching decisions. With the end of the rightly guided khilafat, shuura was suppressed by the dynastic dictatorships. The decline of the early Islamic state after the khilafat rashidat can be directly linked to weakening of shura. Return of shura is heralding the contemporary Islamic revival. Shura is very important in the community for the following reasons. Decisions reached through consultation are likely to be correct decisions. Shuura decisions that have the support of the people. They ensure unity of the ummah. They are easier to implement than imposed solutions.
Rulings about shura: Shura is a type of ijtihad that can be right or wrong. It is obligatory, wajib, and binding, mulzim. Participation in shuura is a political right for each citizen, male or female. The form of exercising this right is not defined to allow time and space flexibility. Shura can be undertaken by: ahl al hill wa al iqd, the whole jama’at, the ulama, or specialists in various fields. Ahl al hill wa al iqd who are knowledgeable and are accepted by people (election or appointment) decide on political matters. All people can participate in shuura if the matter is of public and general concern and it is understandable by an average citizen. Ummah's consensus is not in error if the issues is understood and emotions are not involved. Participation of the whole ummah is in the form of a plebiscite or a well conducted public opinion survey. The Ulama can represent the Ummah in issues of a legal nature. Ulama are subject experts in Law who advise and guide ahl al hill wa al iqd in political decisions. Experts in various scientific, technological, medical, and social disciplines advise ahl al hill wa al iqd and do not make binding decisions on their own. The following principles must be observed in the shura process: justice, ‘adalah; objectivity; consideration of space-time factors; adherence to a system of higher values and objectives, balance, and public education. Shura must achieve balance between majority and minority views, between expertise, knowledge, and experience on one hand and public will on the other. Mistakes in shura are lessened if community is well educated and understands maqasid al sharia. Shura is undertaken on matters for which there is no textual evidence or where the text is not interpretable in a definitive way. Shura covers all matters of religion and the world but the main areas of shurat al jamaat are security, war, and peace; applications of the Law; installation of the imaam; financial policy; oversight of government; and new issues arising, al mustajiddaat. Shuura is concerned with policy and not administrative detail.
Practical application of shuura: Shura is not confined to politics and government. It is a a social institution and a way of life to be followed in the home, economic activities, scholarship, and social life. Socialization for shura involves training and practice starting from the home. The community must stick to shura even if mistakes occur through following the shura process. Spread of knowledge and education enable all citizens to participate meaningfully in the shura process. The procedure of shuura is not defined in detail to allow flexibility to time-space factors. Generally a shura council should make most decisions. Very crucial and strategic decisions should be decided by plebiscite. The methods of reaching a decision are flexible. The majority view predominates not because of numbers but because it is right. The majority has to convince the minority and not impose on it. Basically the methodolgy of usul al fiqh based on Qur'an, sunnah, qiyas, ijma, and masalih mursala is followed.
Ijma: a form of shura: Ijma is a type of ijtihad and a form of shuura. Generally ijma is made by representatives with the consent of the rest of the ummah. The consensus may be explicit, ijma qawli, or may be implicit, ijma sukuuti. Fiqh, ijtihad, ulama and mujtahidin must be in institutions independent of government to ensure freedom of thought. These institutions are academic resources that support the elected legislature. The ulama can be equally consulted by government and by ordinary people. The ulama cannot impose their ijtihad on any one. Individuals must be free to choose what opinions to follow.
16.4 MAAL
RIZQ: The Islamic concept of rizq is very different from the western one and explains the major difference between Islamic and western economics. In Islam rizq is expansive. European economic thinking is based on scarcity of resources. Rizq is sustenance from Allah. Allah’s rizq is good and is abundant. Allah can give rizq in abundance. He can also contract the rizq. There are differences in the rizq that Allah bestows on different people.
MAAL: Maal, mentioned 76 times in the Qur’an, can be maal mubaah or maal haraam. It is a means and not an end. It can be used to do good or to do bad. Maal as exchange in buying and selling to fulfil basic human needs, as compensation for work, a a means to political power, and as the basis for the husband’s leadership in the family. Maal like life is protected by Law. Collection of maal is a human instinct. Humans are happy with maal and are proud because of it. Some people love maal. Others have renounced maal. Maal is fitnat (temptation) and is a test (ibtilaau). It can keep people too preoccupied and they do not undertake jihad or remembrance of Allah. Economic self-reliance is earning a living by working. Halaal earnings are praised. Haraam earnings are not blessed. Maal is earned by trade, agriculture, manfacture, or providing services. Being rich is having plenty of maal. It is a source of enjoyment. It may arise from working and earning, from donations, and from inheritance. The relationship between amount of maal and feeling rich is complex and involves psychological factors. Some with plenty of maal may feel poor because they aspire for more. Some own very e maal may feel rich because they are satisfied with what they have. There are many forms of maal: money, offspring, tangible and intangible property. All maal is from Allah. Maal may be associated with good attributes such as modesty and generosity. It may also be associated with bad attributes such as miserliness, transgression, kufr, and nifaaq.
PROPERTY RIGHTS: Islam asserts the right to private property that is transferable to others by gift, sale, or inheritance. Maal is a trust from Allah. The human is a custodian of mal; the real owner is Allah. The human is just a vicegerent in maal. The needy have a right in a Muslim’s property. Maal should not be given to the foolhardy, safiih, who will waste it. Ultimately the only permanent benefit for a human from his or her maal is the thawaab from sadaqat. The Law prescribes sanctity of maal, hurmat al maal. Maal cannot be destroyed. The of a Muslim is protected by Law. Special emphasis is placed on the wealth of the orphan, maal al yatiim.
THE ECONOMIC SYSTEM: Allah enjoined humans to exploit the earth. Earning one’s livelihood was better than dependency but the community must support those incapable of working. Economic activity within a moral context leads to success on earth and the hereafter, international brotherhood, equity, justice, equal opportunity, social welfare, and economic efficiency. It must fulfil the 5 purposes of the Law (maqasid al sharia) and strengthen jihad capabilities. The haraam is defined leaving the rest as mubaah. The Law allows free markets, the profit incentive, private property, and free enterprise within a moral context and limits of the Law. Fabrication of a utopian economic system and imposing it in the name of Islam is very dangerous. The Law allows people the initiative and creativity to experiment and find the best system for their time and place within the regulations of the Law. The interdependence of the economic systems in the world means that an isolated Islamic economic system is difficult to maintain. However any attempts to establish an Islamic economy, even if not yet perfect, are a step in the right direction and should be encouraged. Two Islamic economic institutions have been successful in our times: Islamic banking and Islamic insurance.
ACCUMULATION OF WEALTH and ITS REGULATION: Humans differ in rizq. Some inequality is needed for motivation and maintenance of a dynamic economy. The law ensures equity and equality of opportunity but cannot guarantee equality of actual achievements. Excessive accumulation of maal leads to corruption, exploitation, hyperconsumption, and waste. Excessive accumulation of maal by one individual is restricted by limiting economic activity to the halaal goods and services, prohibition of dishonest transactions, encouragement of giving, imposition of zakat, financial support of the family and relatives, and a system of inheritance that distributes the estate of the deceased among several inheritors.
17.0 MARRIAGE, munakahaat
17.1PROSPECTIVE SPOUSE
Three conditions must be fulfilled in a prospective husband: adulthood, desire for marriage, and financial ability. The pre-conditions for the bride are less stringent than the male. The minimum age at marriage is 9 years. She must have a desire to marry. There are no financial conditions. Desirable characteristics in a spouse are religion, beauty, pedigree, lineage, wealth, social compatibility, and professional status. Religion is the most important. Looking at the prospective spouse is allowed and includes pre-marital screening for disease and genetic traits. Marriage proposals can be made by men or women. It is forbidden to propose when a previous proposal is still being considered or has been accepted. It is forbidden to make any marriage proposals, direct or allusive, during the period of waiting after a reversible divorce. It is forbidden for the prospective spouses to be secluded in private without a mahram.
17.2 FORBIDDEN MARRIAGES
Marriage is prohibited on the basis of blood relationship, breastfeeding from the same woman, difference of religion, and joining closely related in marriage to the same man. A Muslim cannot marry a polytheist. There are disagreements among jurists about marriage of people of the book. Mut'at, a marriage contracted with the knowledge that it is for a limited period, is forbidden. Tahliil, marrying and then divorcing a thrice-divorced woman to make her eligible to remarry her former husband, is forbidden.
17.3 MARRIAGE CONTRACT AND MAHR
There are 4 pillars of marriage: pronouncement and acceptance, the waly, the bride, and the groom. No marriage is valid without witnesses or a waly (guardian). The waly must be a close male relative, a Muslim, and of sound judgment. In the absence of a waly the Muslim judge or any other male authorized by the bride can act as waly. The groom must be a Muslim. The bride can be a Muslim or from the people of the book (Yahuudi and Nasaara). Marriage to a man or woman who is a mushrik or murtadd is forbidden. Marriage must be by free consent of both spouses irrespective of gender, age, or previous marital status. Marriage by coercion is invalid. Mahr is obligatory for validity of a marriage and makes sexual intercourse lawful. It is fixed by the bride before marriage and remains her. It is not returned in case of divorce of death of the husband if the marriage was consummated. Its payment can be delayed either in full or in part by mutual agreement of the spouses. The unpaid mahr is a debt that is due to be paid. Marriage must be made known publicly. A marriage feast, waliimat, is a highly recommended sunna. Conditions in the marriage contract are respected if they are not repugnant to the Law. Examples of acceptable conditions are stipulations about monogamy and country of residence. A marriage contract is invalid if contracted during hajj. Marriages contracted before conversion to Islam are valid in Islam. A batil marriage contract is void. Those involved are committing zina and their children are illegitimate. A fasid marriage contract is irregular and does not imply zina or illegitimacy of children.
17.4 CONJUGAL RIGHTS & OBLIGATIONS
Rights must be balanced against obligations. Both are mutual. The husband has a higher degree of responsibility and authority because of extra legal obligations. The husband and wife have mutual sexual rights. The financial obligations of the husband are mahr and nafaqat. Failure to provide nafaqat is grounds for nullification of marriage. Unpaid nafaqat is treated as a debt. Nafaqat is suspended during the wife's rebellion, nushuuz. Nafaqat is obligatory in the period of ‘iddat except in the case of khulu’u. It continues for a divorced pregnant woman until delivery. By mutual agreement the divorced mother is entitled to wages for looking after the infant. Spouses are a source of confort, sakiinat, for each other. Mutual kind and tolerant treatment between the spouses is needed in marriage. Ill-treatment of the spouse is forbidden.. Mutual good treatment, husn al mu’asharat, is ordained. The wife can go out of the house for good reasons and with her husband’s permission. She can not go on long journeys without a mahram. The husband is entitled to leave the home during the day to work.
17.5 RIGHTS OF CHILDREN AND PARENTS
Children have rights protected by the Law. They have to be breast-fed. They have to be given a good name that will not embarrass them. They can not be deprived of inheritance. All children are entitled to equal treatment; however handicapped children can be singled out for preferential treatment. Parents have rights from their children that include: kindness, obedience, and honor. The rights of the mother are emphasized more than those of the father. Disobedience of parents is a major sin second only to polytheism, shirk. Parents must be respected even if they are non-Muslim. Insulting parents is haram. Parents must consent before their children can join jihad.
18.0 DIVORCE & ANNULMENT, talaaq & fasakh
18.1 DIVORCE
Divorce is in the hands of the husband. He can commission someone else (man or women) to effect the divorce. He can also give the right of divorce to the wife, tamliik. Divorce cannot be valid unless the husband is adult, sane, and does so voluntarily. It has no legal effect if it is by coercion, by a honest mistake, or by forgetfulness. An oath to divorce can be broken with atonement. Reversible divorce is limited to a maximum of 2 divorces. Return, ruj'at, is allowed during the waiting period, iddat, for 1 or 2 divorces. Divorce can be conditional. It is lawful in the inter-menstrual period. It is unlawful divorce during the menstrual period. It is unlawful in the inter-menstrual period if the possibility of pregnancy exists. Special rules on iddat and return of mahr apply to the following special situations: wife who is pre-menarche, post menopausal wife, pregnant wife, and a wife with whom no sexual relations have ever been had. A husband can divorce his wife in his terminal illness (death-bed) but her rights of inheritance from him are not affected. During the waiting period, each spouse can inherit from the other
17.2 DEATH OF THE SPOUSE
The marital relation is automatically annulled on the death of the spouse. The wife's mourning period for a deceased husband is 4 months and 10 days. If the husband is lost, the wife remains legally married until definite information on the death of the husband is received. In another ruling the maximum waiting period is set at 4 years after which the woman observes ‘iddat for 4 months and 10 days and can then remarry. Some other rulings base the maximum waiting period on the expected maximum life-span.
17.3 ANNULMENT OF MARRIAGE, fasakh al nikaah
A wife can apply to court for marital annulment for male impotence (persisiting for more than a year) and the husband’swithholding nafaqat. Other reasons for annulment are female anatomical or functional disorders that prevent coitus, disease, change of religion, and cruelty (physical or emotional). Khuluu, marital dissolution in return for a wife paying a sum of money to her husband, has the same effect as a 3-time divorce except that remarriage is possible without consuming a marriage to another man. Marriage can also be annulled by the process of mutual li’aan if the husband accuses his wife of adultery without 4 witnesses.
17.4 THE WAITING PERIOD, ‘iddat
The purposes of ‘iddat are to ensure the wife is not pregnant, to provide an opportunity for reconciliation, and to provide gradual transition from married to divorced life. No waiting period is prescribed in cases of divorce before sexual intercourse. A once or twice divorced woman can continue her marriage by returning to her husband before completion of the period of ‘iddat and without a new marriage contract. If the ‘iddat expires she can remarry her former husband under a new contract. A thrice divorced woman cannot remarry her former husband only after consummating a marriage with another man. ‘Iddat for a divorced pregnant woman ends with delivery. If the woman committed adultery with or had artificial insemination from another man, her iddat is the equivalent of three menstrual cycles. The ‘iddat for a post-menopausal woman is 3 lunar months. The iddat for a lactating woman (no menstrual periods) is three lunar months. The ‘iddat for a pregnant woman whose husband dies is the delivery of the baby. The ‘iddat of non-pregnant woman whose husband dies is 4 months plus 10 days. A woman divorced before sexual intercourse does not have to observe ‘iddat but can be given a gift.
17.5 CUSTODY and CHILD CARE, khadhanat & ri'ayat
The father has legal custody. The mother has physical custody until the age of 7 when the child is asked to choose between the 2 parents. The conditions of physical custody are upright character, Islam, and sanity. Either parent can lose physical custody if any of the conditions of the custodian is violated. Physical custody is lost on remarriage of the mother but not that of the father. The father, whether he is the custodial or no-custodial parent, is obliged to provide child support. He also has to provide financial support to a divorced pregnant wife until delivery and may continue during 2 years of breast feeding unless he employs a wet nurse. Boys who are in the mother's physical custody must stay with the father during the day for training. If a wife gives birth to a baby while legally married to a man, the child belongs to the man. This position holds even if the marriage was not valid, i.e. did not fulfill all the criteria. A child born through adultery belongs to the legal husband. The aim of the Law is to protect the interests of the child. The father can deny paternity by the process of liaan if he has valid proof. Paternity cannot be denied on the basis of suspicions. Legal adoption that suppressed information and links to natural parents is forbidden.
18.0 INHERITANCE, al mawariith
18.1 THE WILL, al wasiyyat
The will is a testament by a living person that can be executed before or after death. An executor is appointed for the bequest. If the father is living he is automatically the executor. The will was obligatory at the beginning. This obligation ceased with the revelation of verses spelling out the share of each inheritor. The will is now used for property that the deceased wishes to leave to non-inheritors or charitable bodies. Conditions may be attached to the execution of the will. The usual rules of evidence are applied to test the validity of a will. The physician, often the last person to be in contact with the deceased, may be called upon to witness the will. The physician may have to advice the deceased about the conditions and limitations of the will. Some wills in terminal illness may not be valid because of doubts about the mental and legal competence of the patient. The maximum limit of the will is one third of the total estate unless all the inheritors agree to a higher proportion. The inheritors cannot be beneficiaries of the bequest. A wide range of beneficiaries is allowed: Muslims, Yahuud, Nasaara, apostates, killer of the deceased, a heir (if all heirs agree to this), the unborn child, charitable organizations, and waqf bodies. The will can be cancelled at any moment before death. It is also considered automatically canceled if the beneficiary dies before the death of the bequestor.
18.2 CONDITIONS of INHERITANCE, shuruut al irth
Inheritance can not take place until the death of the deceased is certified beyond any doubt. The inheritor must survive the inheritee even if for a short time. A new-born born alive has full rights of inheritance. The relationship between the inheritee and the inheritor must be established beyond doubt. There are only two types of relationship: based on blood relationship or based on marriage. Illegitimacy prevents inheritance between a father and a son. ?It is also a bar to inheritance between uterine brothers. The inheritee and the inheritor must be of the same religion. A Muslim can not inherit from a non-Muslim and vice versa. The gender affects the share of inheritance. The Law has prescribed complicated procedures for dealing with cases of indeterminate gender. A prisoner of war or a lost person does not lose their rights of inheritance. The problem arises when it can not be established whether they were living at the time of the death of the inheritee. The Law has also prescribed measures to deal with this type of uncertainty.
18.3 THE INHERITORS, al warathat
Inheritors are descendants (son, daughter, son of son, daughter of son etc), predecessors (father and mother), brothers and sisters (full brother, paternal half brother, maternal half brother, paternal half sister, and maternal half sister), spouses (wife and husband).
18.4 DENIAL OF INHERITANCE, mani ‘u al irth
A potential inheritor who in the official discharge of duties is a factor in the death of the inheritee is prevented from inheritance. Intentional homicide prevents a person from inheritance. Accidental homicide with intention to hurt prevents from inheritance. Accidental homicide with no intention to hurt prevents from inheritance. Any person who is a contributory factor to death can not inherit. For example a prison officer who carries out a lawful judicial execution can not inherit. The strict rulings above are a deterrent that removes any incentive to kill a relative in order to inherit his or her property. In cases of unintentional homicide, an innocent inheritor is denied the right of inheritance under the general principle of the law that public interest supersedes individual interest.
18.5 ESTATE DIVISION
One half is given to 2 categories of inheritors: (a) The husband of a deceased who has no children takes one half of the estate (b) a sole daughter or sister. One quarter is given to 2 inheritors: a husband of a deceased who has children and the wife of a deceased who has no children. One eighth is given to only 1 inheritor: a wife of a deceased who has no children. One third is given to the mother. Two thirds is given to 2 or more daughters or sisters. One sixth is given to sister, brother, or mother. There are three types of universal heirs: ‘aasib bi nafsihi, assib bi ghayrihi, and ‘aasib ma ghayrihi. Owners of shares are given their due and whatever remains is shared among the universal heirs with males taking twice what females take. There are two types of hajb: hajb nuqsaan and hajb hirmaan. In hajb nuqsaan an inheritor’s share is lessened by presence of another inheritor who is a preventor for example if a deceased wife has no children her husband inherits half of her estate; if she has children the husband inherits only one quarter of the estate. In hajb hirman the presence of one inheritor denies another inheritor any right to inheritance.
18.0 FINANCIAL TRANSACTONS, mu’amalaat maaliyyat
18.1 SALES, buyuu’u
GOODS AND SERVICES: All transactions are permitted unless there is specific prohibition. Individual ownership of property is a basic human right. Community ownership is allowed for some property. Governments and companies are legal persons with rights of individual ownership. All articles are halaal for commercial transactions unless specifically prohibited. The following articles cannot be bought or sold in normal commercial transactions: intoxicants, khamr; pictures, idols, humans, dead animals, dogs, pigs, semen of animals, and stolen property. Knowledge cannot be sold but teachers, authors and publishers sell their labor and costs of materials. The buyer a book has full rights to use of the knowledge including teaching it to others for a fee. He however canot reproduce and resell the book. Halaal services can be sought and can be offered for a fixed fee. It is prohibited to seek, pay for, or offer haram services. Rights are a form of intangible property that can be bought and sold. Debts can be bought, sold or transferred. Inheritance rights cannot be sold. Scales and measures are used to specifiy amounts of goods in transactions. The seller is responsible for measuring but the buyer has a right to verify before they separate. A trader is free to sell at profit, murabahat; at cost, tawliyat; or below cost, wadhi’at. Bargaining, musawamat, is allowed. The Law does not interfere in the operations of the free market unless there is exploitation or immoral effects are feared. The Law does not mandate price control. It however requires that action be taken to ensure that unfair practices of hoarding and monopoly do not arise. Monopoly can be allowed if it is in the public interest.
CONTRACTS: A contract may be oral or written. A contract document should specify that this is the complete and final agreement. An enforceable contract must have 3 elements: an offer, an acceptance, and consideration (mutuality of obligations). A valid contract may not be enforceable because of illegal contract terms, use of duress or undue influence to conclude the contract, fraud or misrepresentation, lack of capacity or competence to contract, mistakes, or impossibility of conditions that are referred to as acts of God. Two conditions and 2 sales are not allowed in one contract to avoid misunderstandings. If a contract is faasid, transfer of ownership is not valid and goods as well as the money must be returned. The customary price is assumed if the contract does not specify one. The physician-patient relation is a type of contract whose breach will trigger negligence or malpractice suits. Health insurance and other aspects of managed care involve contractual obligations.
CONDITIONS OF A VALID TRANSACTION: Business transactions should be written and witnessed. No condition repugnant to the Law is permitted in the contract. Ownership must be transferred as soon as possible. Any transaction can be cancelled before separation. The buyer has the right to return defective goods. Any gain or loss is the responsibility of the buyer during the period when goods can be returned. Arbitration, al sulh, is used in disputes.
TYPES OF TRANSACTIONS: The following transactions are permitted: barter; advance payment for goods, salam; purchase on credit, nasiiat; auction, muzayadat; sale of an absent article, ghararat; and sale on commission. The following transactions are forbidden to remove uncertainties, to assure fair play, and to prevent cheating: sale of agricultural produce before maturity, paying a pre-fixed price for goods chosen when blinded, closing eyes the buyers and sellers, pre-arrangement between the auctioneer and a false buyer to raise prices, selling on top of a brother’s sale, selling fur while still on the animal, selling sadaqat before it is received, buying an animal while it is still in utero, selling milk in udders, selling fish while still in water, combining 2 transactions in one transaction, selling what is not in possession, combining a loan and a sale, sale of a non-refundable deposit, buying and selling on the spot without taking possession of the goods, and selling debt for debt. Riba transactions are forbidden. The recipient of riba, the giver, the writer, the witness, the legalizer, and for whom it is legalized all commit an sin. Riba has more than 70 types such as riba al nasii at and riba al fadhl. Riba can be camouflaged as a legitimate transaction such by selling on credit and buying the goods back at less than the credit price or by changing a debt to a sale with an increase. It is permitted to quote the price of goods in one currency and receive payment in another currency provided payment is immediate and in full.
ETIQUETTE OF THE MARKET: A dua is said on entering the market. All transactions must be suspended for salat. Transactions should be written and witnessed. Generosity, leniency, and full disclosure should be observed. Swearing, raising the voice, and hoarding are forbidden. Brokerage and middlemen are allowed
18.2 PERSONAL LOANS
CONDITIONS: Debts must be written and witnessed. If it is not possible to write, a collateral can be taken. A debtor is obliged to pay back. Delay of debt payment by those with ability to pay is a punishable offence. A debtor who has the means to pay and refuses to settle his debt can be imprisoned or beaten to force him to fulfil his obligations. The property of the debtor can be seized to settle outstanding claims. No gifts can be accepted from a debtor because that may be a form of riba. If the value of the currency increases or decreases, the debt is paid back in the same currency in which it was borrowed with no adjustment for inflation or deflation. If the debt was taken in a currency that is subsequently abolished by the government, payment is due in the amount of the new currency equivalent to the old currency on the day of the transaction. A date whose payment is due at a future debt after the death of the debtor remains a liability on the inheritors.
COLLATERAL, rahn: Rahn ensures that the debtor will endeavour to pay back. It is taken if the debtor fails to pay. Rahn is needed especially if the debt is not written down in an agreement. The contract for rahn must be written clearly to avoid disputes between the raahin and murtahin. The contract must make it clear that this is a debt with rahn and not a sale. Taking delivery is a condition for validity of the rahn as Allah says in the Qur’an ‘rahn maqbuudhat’ however in a situation of difficulty in which physical delivery and reception are not possible this condition may be ignored. The rahn may be material goods, animals, land, plants, or a house. If the rahn is a house the debtor is not allowed to stay in it without the permission of the creditor. Anything that is legal to sell can be used as rahn. The holder of the rahn cannot benefit from it in any way. Any benefits that accrue to him is deducted from the amount of the debt. Any sale of a rahn is faasid. If the rahn is destroyed due to negligence of the holder there is no refund, la dhamaan. If however it is spoiled due to negligence then it has to be refunded. The rahn is sold if the term of the debt passes without payment. The rahn can only be sold by the judge and in the presence of witnesses.
GUARANTEE: A debtor could get another person who can vouchsafe for his honesty and ability to pay to act as guarantor. It is permissible to guarantee an unknown person, yajuuz dhamaan al majhuul as in. The guarantor of a debt is liable to pay if the original debtor fails to fulfil his obligations.
TRANSFER OF DEBTS, hawala: It is permitted for a debtor to transfer the responsibility of paying the debt to another person. Transfer of a debt to a rich person is irrevocable. Transfer to a poor person may be cancelled and the liability of the original debtor is maintained. Transfer of a deceased's debt is irrevocable. It is also possible for the creditor to transfer the right of collecting the debt to someone else.
BANKRUPTCHY: A debtor becomes bankrupt when his assets are less than the liabilities. Creditors can take back property from a bankrupt debtor. They take whatever they find of the debtor's property. If a creditor finds his property, he takes it back unless it has increased in value. In case of a generalized economic collapse in the community and not an isolated individual failure, the property of the bankrupt is not sold because his condition may improve. Financial support, nafaqat, on the self and the family has precedence over debt payment. Settling a debt has precedence over performing hajj. A bankrupt cannot give a rahn without the permission of the creditors. After sale of the bankrupt’s property, any restrictions on him are lifted. The property of a bankrupt person is sold by the judge to settle his debts. The following are the only items left with the bankrupt: a house, what he uses for trade if he is a trader, and tools if he is a craftsman. However these may also be taken if they were bought using loan money that led to the bankruptchy. When the property of the bankrupt is sold, the wages of laborers are settled before the debts of creditors. When all the property of the bankrupt is sold, he has no more debt liability even if the proceeds of the sale did not cover the whole amount owed.
18.3 INVESTMENTS
INVESTMENT IN PROPERTY: Partnership, sharikat, is in general allowed. People can jointly own and use articles such as food. They can buy property such as a house jointly and sell it later for profit. The partner in a joint property has the right of pre-emption, shuf'at and must be informed before any sale of the joint property is done.
INVESTMENT IN TRADE: Business partnerships, musharakat, can take several forms: pooling of capital, sharikat al amwaal; pooling of human resources, sharikat al abdaan; pooling of goodwill or contacts, sharikat al wujuuh, or any combination of the above. Murabahat is pooling of capital that is invested. The partners agree to a fixed proportion of profits or losses. It is illegal to fix a certain amount as the profit due to a partner because that would constitute riba. Mudharabat involves pooling of capital and human resources and is co-operation between the owner of capital, the worker and the manager. Mudharabat can be by merchandise and not money. There is a pre-fixed proportion of sharing losses and profits. In case of loss, outstanding liabilities are deducted from the remaining capital and the worker just suffers loss of time.
INVESTMENT IN AGRICULTURE: The owner of the land may work it himself. He can use hired labour who are paid wages and have no share in the produce. The landowner may let a farmer cultivate unused land for free or in return for a fixed rental, ijaarat al aradh. The farmer is entitled to all the produce of the land. The Law allows sharecropping, muzara'at. The landowner and the farmer agree to share the produce according to agreed formula. The formula must state a proportion of the produce. It is haraam to fix each partner's share by weight. The landowner may contribute agricultural inputs like seeds and fertilizers. Sharecropping was agreed between the prophet and the Yahuud at Khaybar. Mukhabarat, a form of gambling that is letting a farmer use land in return for the produce of a delineated portion of the land, is forbidden because it will be a source of dispute when the delineated plot does not produce well.
DEPOSITS & TRUSTS, wadii'at: The trustee does not pay if the trust is destroyed accidentally. He pays for depreciation due to his use of the property. The concept of wadii'at has been employed in modern Islamic banking schemes.
INSURANCE: Insurance can take two forms: proprietary or mutual. The proprietary form is the un-Islamic form found in non-Muslim society. It is insuring a risk that is a type of gambling and involves cheating because any member who pulls out or fails to keep up the premium payments automatically loses all contrinbutions made over many years. In mutual insurance, the members are insurers and insured at the same time. It is a natural extension of the mutual support, takaful, that is found in the Muslim community. Thus Islamically-sanctioned insurance is a joint investment. Funds contributed as premiums are invested in mudharabat ventures. Each member has two accounts: a personal account and an account in which are placed funds used for pay-outs to the families of those who die early. Islamic financial institutions have developed an Islamically-acceptable insurance scheme called takaful.
18.4 ENDOWMENTS & GIFTS, awqaaf & hibat
DEFINITION: Waqf is continuous charity. It consists normally of fixed property whose income is used for a fixed purpose. The income is used but the endowed property is never sold or donated or inherited. The waqf may be for specified beneficiaries or may be left open. Waqf can be immovable property like real estate. It may be movable property. It could also be a service. Waqf may be endowed for a limited time.
RULINGS ABOUT WAQF: If the waqf is plants or trees, it ceases with the death of those trees and they are not replanted. It is permissible to make a mosque a waqf and this type of waqf is mustahabb. If one masjid cannot use all the income from its waqf, it is permissible to use the extra income for another masjid. If the waqf is on a masjid but the waaqif does not specify how it will be distributed, then it can be used for the imaam, the muaddhin, and the building. If the beneficiaries of a waqf are a group of people who die away, the waqf is returned to the waaqif or his relatives or to the Muslim Treasury or to the poor. If the waaqif does not specify the beneficiaries or if the documents are lost, the waqf is treated like that of beneficiaries who die off. If the waqf changes for example a farm becoming a factory, the waqf continues. The waaqif in nominating beneficiaries must distinguish between a beneficiary as an individual and a beneficiary because of his attributes. For example the waqf may be for a specific imaam of a masjid or it may be for the position of imaam such that anybody who holds that position can be a beneficiary. Jurists have disagreements on whether a waqf that is no longer beneficial can be sold. A waqf can be changed from one form to another if there is a maslahat. The endowment may be conditioned on the death of the endower, ta’aliiq al waqf bi al mawt, in which case it is taken from one third of the property. It is not permissible to repossess an endowment if one has a need for it. It is not permissible to spend from the waqf to settle the debt of the waaqif after his death. Generally the waaqif should not benefit from the waqf except in public facilities such as mosques. In terminal illness, the inheritors cannot be beneficiaries of a waqf. It is permitted to apportion a waqf among beneficiaries like ½ or ¼. Making children as beneficiaries of a waqf for the sole purpose of preventing loss of property from the family has no basis in the Law. Rich offspring, dhuriyyat, cannot be beneficiaries of waqf but the poor among them can. However if children are made beneficiaries of waqf, the distribution among them is like that of inheritance.
ADMINISTRATION OF THE WAQF: The waaqif appoints the administrator of the waqf. If he does not the judge appoints one. If the conditions set by the waaqif are not fulfilled, the waqf is returned to him. The administrator is entitled to a salary. The text of the waaqif is like the text of the law and must be followed closely except if they stipulate something clearly illegal. If they differ from the Law they can be changed until they are in comformity with the Law. If the administrator of the waqf fails to fulfill the conditions set it is taken from him.
GIFTS, hibat: A gift is given during the life of the giver whereas a will is after his death. Sadaqat is better than a gift unless the gift is for a relative for purposes of silat al rahm. Gifts express mutual love. Gifts seeking praise are condemned. It is permissible to give a gift if that will stop dhulm. It is forbidden to ask for a dua in return for a gift. Gifts can be accepted and something is given in return. A gift should not be accepted if the giver expects help in reaching officials. A gift can be witnessed especially if future disputes are anticipated. It is an offence to ask for return of a gift. The gift becomes confirmed when the beneficiary takes possession. There is no harm in canceling a gift before the beneficiary takes possession. Reposession of a gift occurs when the reason for it is no longer valid. The recipient of a gift has the right to give it away without getting permission from the gift giver. Gifts to officials are discouraged because they may encourage bribery and corruption. The ruler of Muslims can accept a gift from a mushrik. It is permissible to give a gift to an unknown person, al hibat li majhuul, who is specified afterwards. A child cannot make gifts even if the guardian consents. In the same way the safiih cannot make gifts. Children should be treated equally in giving gifts. According ti Imaam Ahmad equality among children is achieved if they are given gifts in proportion to their share of the inheritance. According to Imaam al Safe’I girls and boys may be guven equal gifts. It is however allowed to give some children more gifts than others if all children agree to that. It is also permissible to base the amount of the gift on the differing needs of the children as long as this does not exceed what is considered customary. It is also permissible to refuse giving gifts to any child who is a sinner until he repents. The father is allowed to withdraw a gift if by that he wants to achieve equality among children. This could happen for example if a man gives a gift to one of the children and then immediately after that falls sick. He is then allowed to withdraw the gift in order to equalize among the children. He can also withdraw the gift for fear of exceeding one third. The beneficiary is also required to return the excessive gift. Jurists have diferring opinions about a father who gives gifts to some children and dies before giving to others. Some jurists say that the children who did not receive should be given from the property of the deceased to achieve equality. Others say that the matter is left as is and the father has a sin. Anything that a father gives his daughter as he prepares her for marriage becomes her property when she moves to her husband’s house. Gifts given to a wife are not returnable if the marriage is nullified. A wife may absolve her husband of the obligation of mahr as a gift to him but this is not allowed in terminal illness because it may be a form of will and the Law prohibits any will that benefits an inheritor. A father is allowed to take from his son’s property without permission provided he uses it for his needs and does not give it to others as charity or as a gift and provided this does not cause financial harm to the son. This is based on the hadith of the prophet ‘anta wa maaluka li abiika’. The child is also obliged to serve his father and the father can forbid his sin from jihad because jihad would prevent the son from serving his father.
18.5 OTHER TRANSACTIONS
WAGE EMPLOYMENT, ijarah: Ijarah is employment in return for wages. Living on earnings of one's labor is honor. Earning a living from a despised job is better than begging. Agreed wages should be paid in full. Early payment of wages is required. If the employer invests unclaimed wages, he will have to pay the employee the profits earned. Non-payment of wages is a serious crime. It is allowed to take a salary for teaching fiqh and hadith if the teacher is in need. It is however not permissible to pay a person to read Qur’an as a donation to a deceased. Payment for ruqya is allowed. Any earnings from astrology is haram.
LEASING/RENTING, i'arah: Iarat is when you lend someone an animal to benefit from the milk and he returns the animal after that. It is not permissible to rent a house to someone who will use it for ma’asiyat.
STOCK EXCHANGE: Stocks bought in a company are an infusion of capital. The buyer of the stock benefits when the company profits thus raising the value of the stock. The stock can also fall in value if the company performs poorly. Stocks can be sold and bought from others at any time. Stock transactions involve al element of speculation but unlike riba transactions they do not guarantee any profit, both profit and loss are likely. The consensus of scholars is that stock transactions are permitted unless the company involved is trading in forbidden goods or is undertaking prohibited activities.
COMMODITY EXCHANGE: This is a highly speculative activity involving buying and selling commodities like oil and crops that are not yet produced. There are special exchanges where commodity contracts can be sold or bought with loss or profit.
CURRENCY TRADING: Currency exchange is allowed of no delay in involved. Exchange of the same amount of currency must be done at once. Gold can be sold for silver in any way you like. A dinar can be exchanged for a dinar if the transaction is carried out on the spot. Gold cannot be sold for silver on credit.
FREE TRADE: Freedom of exchange of halaal goods and services within the country is highly desirable because it produces an efficient economic system. Free trade at the international level may not serve national or ummatic interests in some cases and care must be taken.
PUBLIC DEBT: Government expenditure can by design or unpredictably exceed the revenues necessitating borrowing to cover the deficit. The citizens, including those not yet born, will be responsible for paying this debt in the form of taxes.
LOST AND FOUND:The lost, al luqtat, is announced for one year then it is placed in the property of the finder. Hiding a lost item is prohibited. The finder’s fee is called al ja’ala.
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