ETHICS AND FIQH FOR EVERYDAY LIFE

(UNGS 2050)
STANDARD CONTENTS Department of General Studies, 2008

WEEK 1

FOUNDATIONS OF ETHICS IN ISLAM

Introduction
Definition:

Literally: Derived from Greek ethos, means character. Technically:

The field of study that has morality as its subject matter. (Branch of science) Ethics The values or rules of conduct held by an individual or a group = morality/ morals According to Imam al-Ghazali, character is an established state (of the soul) from which actions proceed easily without any need for reflection or deliberation.

Major concerns
The nature of ultimate values = ethical principles. The standards by which human actions can be

judged as right or wrong, good or bad.

The Importance of Ethics in Islam

Morality/ good moral character is: - The spirit of Islam - The validation and authentication of Iman 1- Morality as the spirit of Islam What is Islam? Good relationship among human beings = good morality.

Good relationship with Allah in its spiritual sense.

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 The main purpose of Islam

I have been sent (as the Messenger of Allah) only for the purpose of perfecting good morals. (hadith)
Who is a Muslim?

A Muslim is the one who avoids harming Muslims with his tongue and hand (hadith)

 Even pure worship (ibadat) is for moral purposes

Examples: Salat: And establish regular prayer; for prayer restrains from indecency and evil (29: 45) Zakat: Take alms of their wealth, so that it may purify and sanctify them. (9: 103) Fasting: Fasting was made compulsory for you, as it was made compulsory for those who preceded you, so that you may become righteous. (2: 183)

Islam & ethics - continued

Allah has nothing to do with the fasting of those who did not avoid perjury, lying and false accusation and acting upon them. (hadith) Hajj: whoever determines the performance of the pilgrimage therein, there shall be no lewdness nor abuse nor angry conversation on the pilgrimage(2: 197).

Morality as validation of Iman

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

Morality as validation of Iman

Conviction Foundation

Profession

Declaration

Practice

Validation

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Morality as validation of Iman

The man who has these three habits is a hypocrite

even if he observes fast, offers prayers, performs umra (pilgrimage), and claims to be a Muslim: when he talks he speaks untruth, when he makes a promise he does not keep it, and when he is given something in trust, he commits dishonesty. (hadith) Lacking in good morals = Lacking in faith (iman) which Muslim has the perfect faith? He who has the best moral character. (hadith) The level of faith (iman) is proportional to the level of morals

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He who believes in Allah and the Last Day of Judgment is forbidden to cause any harm to his neighbour, is to be kind to his guests especially the strangers, and is to say the truth or else abstain. (hadith)
None of you will have faith (will be a true believer) till he wishes for his (Muslim) brother what he likes for himself. (hadith)

Good morals are conditions of validity of Iman

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I swear by the time, Most surely man is in loss, Save those who believe and do good works, and exhort one another to truth and exhort one another to endurance. (103: 1-3)
Those who have Faith and work righteousness. They are the ones who shall be rewarded with Jannah. therein they shall have an everlasting life. (2: 82)

) 1( )3( ) 2(

)82 :(

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Why we have to be moral people?

Spiritual benefits:
Good morals = voluntary worship

A believer by virtue of his good morals may attain the status of one who fasts (voluntary fast) regularly and performs prayer at night. (hadith)
The dearest one to Allah:

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

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 Good morals eliminate sins bad morals spoil

virtues Courtesy and good morality melt the sins just like water melts the ice. And immorality spoils good deeds as vinegar spoils honey. (hadith) A certain woman is famous for her voluntary prayers, fasting and charities, but she harms her neighbours. She is in Hell. Another woman does not do much by way of voluntary prayers and fasting and she gives pieces of cheese in charity but she does not harm her neighbours. She is in the Paradise. (hadith)

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Social benefits:
Stable, secure, and harmonious society Directing civilization to a just end (civilization = to do

what can be done. Ethics = what should be done, what should not be done) Strong and peaceful family life Good leadership Building good reputation Wining hearts of people

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Commitment to values
Fear Allah wherever and whenever you are (obey

his obligations and avoid his prohibitions) and follow your sins with virtues so that it will eliminate it, and treat people with high morals. (hadith)
Do not follow others blindly and say: if people do

good, we do good too, and if they do injustice, we do too. Rather, make up your minds for yourselves and if people do something good, do it too, but if they do something unjust, do not do it yourselves. (hadith)
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Fields of ethics
Normative Metaethics Applied

Normative ethics:

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

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

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Fields - continued
Applied ethics:

Application of normative theories to practical moral issues/ problems. Examples: - Obedience to parents - Right to life - Justice - Cooperation

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Ethics / ilm al-Akhlq/ al-Akhlq

Ethics in Arabic is ilm al-Akhlq (science of

morality), which is the branch of knowledge that studies akhlaq (morals). ) refers to al-Akhlq (the plural of khuluq/ morality, which means a nature, or an innate disposition or temperament. The proper signification of khuluq is the moral character; or the fashion of the inner man; his mind or soul and its peculiar qualities and attributes.

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WEEK 2

THE RELATIONSHIP BETWEEN ETHICS, FIQH AND LAW

Morality/ ethics and law

Both law and morality are action-guiding. Law provides a series of public statements (a

legal code), or system of dos and donts to guide humans in their behavior and to prevent them from doing harm to others and violating their rights. Morality provides a similar system though might not be in written form. In addition to that, morality provides reasons behind any significant laws governing human beings and their institutions.
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 Morality precedes law, whereas law sanctions

morality; that is, law puts morality into a code or system that can then be enforced by punishment.
Scope: In general, the law is taken to be

concerned with acts, rather than attitudes.

The mere fact of having certain intentions is not really the sort of thing about which you can have a law.

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In morality, by contrast, bad intentions may sometimes amount to a moral wrong. On the other hand, good intentions are in themselves good values.
Morality is wider than law. What is moral in not

necessarily enforced through law. But there are some things which are governed by law (driving on the left or right side of road) which are presumably matters of indifference from a moral point of view.

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 Conformity between morality and law:

= In Islamic law: - Law should be a reflection of Islamic morals. - Laws, rules and regulations are not supposed to be against Islamic moral principles = In secular law The relationship between law and morality is not entirely reciprocal. What is moral is not necessarily legal and vice versa. Many practices have been inscribed in the law, that are clearly immoral (e.g., homosexuality, same sex marriage, mercy killing, abortion, usury, changing munkar ).
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 Sanctions: If you break the law, you may be fined or

imprisoned or executed. Various bureaucracies exist precisely to hand out legal sanctions. If you do something that is morally wrong (but not also illegal), however, no similar bureaucracy is going to come after you. Instead, In divine religions you suffer a punishment on the Day of Judgment. In non-religious world views you may suffer the sense of guilt in your own conscience, or your reputation may suffer, or you may be exposed to the blame of other people
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Morality and Etiquette

For the most part, etiquette pertains to norms

that are of little ethical significance. It concerns form and style rather than the essence of social existence. Etiquette determines what is polite behavior rather than what is right behavior in a deeper sense. It represents societys or religions decision about how we are to dress, greet one another, eat, celebrate festivals, express gratitude and appreciation etc.

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INCULCATION OF MORAL VALUES

Determination

Motivation
Training (habituation) Environment (peers, friends ..)

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 Determination - To judge ones character in light of the Quran - A trait of character may be reinforced as a result of acting frequently in accordance with it, and considering it to be fine and satisfactory.
A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this. (hadith)

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 Motivation

To remember rewards & punishments

Models & Ideals Reciting the Quran Reading Sirah Reading the biographies of pious people

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 Training (habituation)
Morals can be instilled on the principle of habit

formation Habit: do it without thinking/ hard to stop it Start repeat develop it to a habit

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Adopt truth, for truth leads to righteousness, and

righteousness leads to Jannah. A person speaks the truth regularly and adopts truthful ways till he is recorded as a truthful person. And keep away from falsehood, for falsehood leads to wickedness, and wickedness leads to the Hell. A person tells lies regularly and attaches himself to falsehood till he is recorded as a liar. (hadith)

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Truth

righteousness Jannah Tell truth regularly truthful person

Falsehoodwickedness Tell lies regularly

Jahannam liar

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)91 : (

Satan's plan is (but) to excite enmity and hatred

between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain? (5: 91)

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Environment (peers, friends ..) The similitude of a good company and that of a bad company is that of the owner of misk (perfume) and of the one blowing bellows (ironsmith). The owner of perfume would either offer you for free of charge or you would buy it from him or you would smell its pleasant odour. The one who blows bellows he would either burn your clothes or you shall have to smell its bad smell. (hadith)

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WEEK 3

CORE MORAL VALUES IN ISLAM

THE CONCEPT OF JUSTICE (ADL)

To place things in their rightful places The term adl implies:
Giving people what they deserve, Impartiality, Saying the truth, Avoiding oppressing others, Avoiding bias and prejudice, Being balanced in ones views and

judgements.

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Forms of expression in the Quran

- al-Adl ( )and its derivatives = 10

(2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8), (6:152), (42: 15)
- al-Qist ( )and its derivatives = 18 (3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29), (10: 4, 47, 54), (11:85), (21: 47), (55: 9), (57:25), (5: 42), (49: 9), (60: 8). - ( balance)
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Forms of Justice

Justice

Judging between people

Sayings

state of mind/ way of thinking

way of treating people
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1. Justice in judging between people/ Judicial justice Judges, mediators, arbiters To be impartial in judging between people (more in legal ethics)

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 { .))} ( 58(

Surely Allah commands you to render back trusts to their owners and that when you judge between people you judge with justice; surely Allah admonishes you with what is excellent; surely Allah is Seeing, Hearing. (4: 58)

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 { )} (42( .)

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

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2. Justice in sayings: To say the truth and bear witness with justice

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- With enemies:
{ )} (8( .) O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of any people incite you not to act justly; deal justly, that is nearer to piety, and Observe your duty to Allah; surely Allah is Aware of what you do. (5: 8)

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- Against oneself & relatives .))} ( 152( { And when you speak, then be just though it be against a relative (6: 152)

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

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3. Justice in treating people

(a)To avoid oppressing others and abusing their rights b) Social and economic justice - People should be given equal opportunities. - People must be given the right to private ownership and freedom of economic pursuit. - the wealth of the individuals should be fully protected. - Redistribution of wealth/ Zakat + charity.

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- Social welfare fund:

{ ))} (7(

That which Allah gives as spoil unto His messenger from the people of the townships, it is for Allah and His messenger and for the near of kin and the orphans and the needy and the wayfarer, so that it may not become a commodity between the rich among you. And whatsoever the messenger gives you, take it. And whatsoever he forbids, abstain (from it). And keep your duty to Allah. Surely Allah is stern in reprisal. (59:7)

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c) Political justice: - Shurah: people have right to decide how to and who is to manage their affairs. - Fair representation of different groups.
(d) Justice on the family level - Justice between children Nu'man b. Bashir reported: My father donated to me some of his property. My mother said: I shall not be pleased with this act until you make Allah's Messenger (saw) a witness to it.

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My father went to Allah's Messenger (saw) in order to make him the witness of the donation given to me. Allah's Messenger (saw) said to him: Have you done the same with every son of yours? He said: No. The Prophet (saw) said: Fear Allah! And observe justice among your children. My father returned and got back the gift. (hadith)

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- Justice to wives/ husbands

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

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 )) ( 129(

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

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(e) Justice in weighing & measuring

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

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4. Justice as a state of mind/ way of thinking:

To be moderate and balanced in our views, especially in making judgments on things and people. This would be achieved through looking at both merits and demerits of things and persons, considering the consequences, weighing between benefits and harm, understanding the causes and reasons behind peoples actions, etc.

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Cause of injustice vs. Requirements of justice

1. Cause of injustice: Hatred enemies + opponents Love and favour relatives + cronies Self-interest and greed Ignorance Hurry in making decisions

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2. Requirements of justice (a) On the individual level:

1.To keep in mind the dire consequences of injustice

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

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

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2- To distance oneself from oppressors

)113 :(

And do not incline to those who are unjust, or the Fire will seize you, and you have no guardians besides Allah, then you shall not be helped. (11:113)

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3- To examine whatever we hear before acting against people on mere suspicion

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

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O you who believe! Avoid most of suspicion, for surely suspicion in some cases is a sin. (49:12)

)12 : (

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(b) On societal level:

{ )} (25( .)

We verily sent Our messengers with clear proofs, and sent down with them the Book and the balance that men may conduct themselves with equity; and We have made the iron, wherein is mighty power and (many) uses for mankind, and that Allah may know who supports Him and His messengers, though unseen; surely Allah is Strong, Almighty. (57: 25)

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1- The book: that refers to the just and perfect laws.

2- The balance: that refers to the knowledge and wisdom of the judge by which he can weigh contradictory pleas and evidences to come out with a just decision.
3- The iron: that refers to power and authority. Usually justice cannot be implemented without authority. It needs to be imposed on wrongdoers and tyrants.

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

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 )49 : (

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

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Insignificances of zulm
Injustice leads to bankruptcy: When the Messenger of Allah asked: Who is a bankrupt. His companions answered that the bankrupt is one who has no money. He said: in my Ummah, the bankrupt is that man who would appear on the day of judgment before Allah; he had offered prayer; he had paid Zakat; he had observed fast;

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but he would have abused somebody, he would have falsely accused some one; he would have unlawfully taken some one elses property; he would have murdered some one; he would have hit some body. All his virtues would be given to his victims. If his virtues are finished before his wicked deeds are finished, then the sins of the victims would be given to him and he would be thrown into the Hell. (hadith)

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The Messenger of Allah used to say in any speech he gives: The person who does not keep trust has no Iman (faith) and the person who does not respect his covenant (and promise) has no religion. (hadith) "The signs of a hypocrite are three: (c) If he is entrusted, he does honour his trust (he proves to be dishonest) (hadith)

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"When would the Hour (Doomsday) take place?" "When honesty is lost, then wait for the Hour (Doomsday)." (hadith) "How will that be lost?" The Prophet said, "When the power or authority comes in the hands of unfit persons, then wait for the Hour (Doomsday.) (hadith)
- Why the one who cant be trusted has no iman? - Why the one who cannot be trusted has no religion? - Why loss of amanah is related to the Doomsday? Doomsday = chaos = disorder

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What is Amanah?

Honesty

Responsibility

Amanah

Sincerity

Trustworthiness

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- To fulfill ones responsibility towards his Lord as well as to that of humans. - To be honest and sincere in doing things.
- To keep deposits properly and use them according to

the terms and conditions of the owner. - Antonym: Khianah (betrayal)

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Aspects of Amanah

Amanah
Vicegerancy
Family Deposits

Secrets Work/ public office Wealth & abilities

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1. The amanah of taklif: To inhabit this world to be vicegerants of Allah to fulfill the purpose of our creation to implement His laws on this earth
{ .))} ( 72(

We offered the trust unto the heavens and the earth and the hills, but they shrank from bearing it and were afraid of it. And man assumed it. He was indeed tyrannous and ignorant. (33: 72)

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2. The amanah of family To fulfill our responsibilities towards our family members and provide them with guidance and maintenance,
Every one of you is a guardian and every one will be asked about his subjects... A man is the guardian of the persons in his household and he will be answerable about them. A woman is the guardian of her husbands house and she will be asked about her responsibility (hadith)

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3. To return back deposits to their owners.

{ .))} ( 58( ..

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

4. Keeping secrets: maintaining secrecy and confidentiality of what is required to be confidential is a trust. What is said in meetings and meant to be confidential is a trust (hadith)

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5. The amanah of work & public office:

The Prophet (saw) said: Whomsoever we have given some post and he has concealed a needle or a thing smaller than that, then it will be a misappropriated thing with which he will have to appear on the Day of Judgment. (hadith) When the administrator is given a job, he should receive his due and should pay the dues of others, then he is like a fighter in the cause of Allah till he returns home. (hadith)
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6. The amanah of wealth & abilities:

" ".

Before the end of the Day of Judgement everyone will be questioned about the following: - In what did he spend his life? - What did he do with his knowledge? - From where did he get his wealth and on what did he spend it? - In what did he use his physical and mental faculties? (hadith)

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WEEK 4

The concept of Khayr/Birr (righteousness) and Ithm/Sharr (vice).

The concept of Birr vs. Ithm

al-birr ( =)al-khayr (= )
Virtue, righteousness, goodness, benevolence Al-ithm ( = )al=Sharr (=) vice, evil

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/ continued
A virtue, from an Islamic perspective, can be

defined as: a belief, act or saying that is useful and beneficial to mankind and in compliance with the divine law. Virtues, in Islam, can be classified under the following categories: 1- Observing the obligations enjoined by Allah (swt) and those acts recommended by Him to be performed. 2- Refraining from those acts and sayings that are prohibited by Allah (swt).
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/ continued
3- All acts which are helpful and beneficial to oneself, his family, relatives, human beings and animals.
Birr towards oneself Birr towards family and relatives Birr towards community members and humanity Birr towards other creatures Birr towards God the creator of this universe

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/ continued
A vice (sin) is any belief, act or saying that is

harmful to mankind and against the principles of divine law. Vices/sins can be classified under the following categories: 1- Neglect of obligations and duties without legal justification. 2- Commission of prohibited acts and sayings.

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/ continued
3- Abusing the rights of others and causing undue harm (physical or psychological) to them (any kind of harm which is not in retaliation to another harm or which is necessary to remove evil, tyranny or a greater harm). 4- Taking the property of someone without his consent. ." :" The blood, property and honour of a Muslim must be sacred (forbidden) to every other Muslim. (hadith)

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/ continued
Ithm (sharr) towards oneself
Ithm (sharr) towards family & relatives Ithm (sharr) towards community members &

humanity Ithm (sharr) towards other creatures Ithm (sharr) towards God the creator of this universe

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/ Continued
Allah's Messenger (saw) said:

A charity is due on every joint of a person, every day the sun rises:
Administering of justice between two men is a

Charity; And assisting a man to ride upon his beast (vehicle); Helping him load his luggage upon it;

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/ Continued
And a good word is a charity; Every step that you take towards Prayer is a

charity; Removing of harmful things from the pathway is a charity. (hadith)

Allah's Messenger (saw) said:

Never does a Muslim plant trees or cultivate land and birds or a man or a beast eat out of them but that is a charity on his behalf. (hadith)

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/ Continued
! "

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/ continued

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

Allah's Messenger (peace be upon him) said: A woman was punished because of a cat. She had neither provided her with food nor drink, nor set her free so that she might eat the insects of the earth, until it died. (hadith)
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 { (( })177 ).

/ Continued

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/ Continued

It is not righteousness that you turn your faces

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

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 )189(
It is no virtue if you enter your houses from the

/ Continued

back: it is virtue if you fear Allah. Enter houses through the proper doors: and fear Allah: that you may prosper.
but it is righteousness to believe in Allah and the

Last Day, and the Angeles and the Book, and the Messengers (2: 177) 2. Ones iman (faith) should be true and sincere.
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/ continued
to spend of your wealth in spite of your love for

it for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves (2: 177)
))} ( 92( {

3. One must be prepared to show this iman (faith) in deeds of charity and kindness to their relatives and fellow man.

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/ continued
to be steadfast in prayer and practice regular

charity;

4. To fulfil religious obligations

to fulfill the contracts which you have made;

5. Respect others rights and honour ones words

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 and to be firm and patient, in pain and

adversity, and throughout all periods of panic... (2: 177) 6. One must be patient and unshakable in all circumstances.

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Al-amru bi al-maruf & al-nahyu an al-munkar

(enjoining good and forbidding evil)
})110( { )(

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

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Al-amru bil maruf Al-amr: Al-maruf: to invite to, to encourage, to promote, to spread, to command, to enforce. acceptable Al-Birr, al-Khayr, virtue, goodness

Al-amru bil maruf Inviting people to do goodness Spreading & promoting virtues Enforcing goodness
Al-amru bil maruf = Dawah = advice
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al-nahyu an al-munkar

Al-nahy:

to discourage, to advise not to do sth., to prevent, to prohibit Al-munkar: disagreeable evil, vice al-nahyu an al-munkar:
To discourage/ advise not to do To prevent/ combat
Evil/Indecency

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Levels of Al-amru bil maruf & al-nahyu an al-munkar

Society Friends & relatives Family

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Means & ways of Al-amru bil maruf & al-nahyu an al-munkar Model
Verbal Writing Media

= by being a model of Islamic morals & values = words, advice = newspaper, magazine, books, novels, cartoons, etc. = all programmes that promote virtues and goodness, and combat evil and indecency.

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Changing Munkar
He who amongst you sees something abominable should modify it with the help of his hand; and if he has not strength enough to do it, then he should do it with his tongue, and if he has not strength enough to do it, even then he should abhor it from his heart, and that is the least of faith. (hadith)

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Whose duty is?

Communal duty
{ ))} ( 104(

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

Hisba =

a task force for changing munkar, combating corruption, ensuring justice

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Individual duty
})110( { )(

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

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 (71(

The Believers, men and women, are protectors, one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His Messenger. On them will Allah pour His Mercy: for Allah is Exalted in power, Wise. (9: 71)

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The roles of Al-amru bil maruf & al-nahyu an al-munkar

1A constant reminder for Muslims To help each other to follow the guidance of Allah, and keep on the right path. And continue to remind, for surely the reminder benefits the believers. (51: 55)

))} (55( {

I swear by the time, most surely man is in loss, save those who believe and do good works, and exhort one another to truth and exhort one another to endurance. (103: 1-3)
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) 1( })3( ) 2( {

2-

To safeguard corruption & evil

the

society

against

A way for: - Social - Moral - Political

change

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Why should we care about the society?

To protect our selves & families
"The example of the people abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others)

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so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe.(hadith)

People with good morality

Immoral people
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3- To avoid Allahs punishment

{ .))} (25(

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

109

"By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right Or Allah will mingle your hearts together and curse you as He cursed them.(hadith)

110

Abu Bakar said: You people recite this verse "You who believe, care for yourselves; he who goes astray cannot harm you when you are rightly-guided," (5: 10) and put it in its improper place. I heard the Prophet (saw) saying: When people see a wrongdoer and do not prevent him, Allah will soon punish them all.

111

4- Salvation of mankind
)} ( 110( { )

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

112

What should we do if people are not listening?

)) (164(

a group of them said: Why do you preach to a people whom Allah will destroy or visit with a terrible punishment?" The preachers said : "To discharge our duty to our Lord, and perchance they may fear Him." (7: 164)
113

Is this concept against personal freedom? Islam does allow interference in personal affairs of others. What if personal affairs are violating the rights of:

Allah Society Individuals?

Personal freedom is always limited

114

 When you commit munkar alone, without violating

the rights of other your personal affairs

When you violate

- No more personal affairs the rights of others - Injure their feeling - Challenge their religious Commit munkar/ & moral responsibility indecency openly - Encourage people to do evil

115

 )) (19(

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

116

How it should be practiced?

In an impressive & convincing manner In a wise way, so that it may not:

)) (125(

- Make people feel offended - Lead to a greater evil

Invite to the way of the Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious; for the Lord knows best, who have strayed from His path, and who receive guidance. (16: 125)

117

 To avoid words-deeds inconsistency

)) (3( ) 2 (

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

118

Can one punish the offenders?

preventing an offence or evil from taking place, stopping it, and punishing the offender.

119

WEEK 5

FAMILY ETHICS

120

Meaning of Family Ethics

It means: The relationship between two opposite genders, masculine and feminine, which is institutionalized through the legitimate and ethical contract of marriage. The family that is established through illegal way, such as intimate relationship is not recognized by Shariah (the Islamic Law), and therefore, its foundation is considered as unethical.
121
121

The Institution of Family in Islam

Family is the basic unit of society, and therefore, Islam lays great

emphasis on the family system and its ethical values. The basis of family is marriage through a legal contract. Islam prescribes rules to regulate family life so that both the spouses can live in tranquility, security and love. the sense that it is in accordance with His commandments, where a husband and wife should love and help each other and rear their children to become true vicegerents of Allah (God) on earth. Unlike some other religions that consider celibacy a great virtue and a means of salvation, Islam considers marriage to be one of the most virtuous and approved institutions.

Marriage in Islam has aspects of ibadah (worship) of Allah (God) in

122
122

Family in Islam: Basic Principles

)21 : ( "And among His signs is that He has created for you spouses from among yourselves so that you may live in tranquility with them; and He has created love and mercy between you. Verily, in that are signs for those who reflect."(30:21) Commended as the way of the Prophet marriage is part of my Sunnah whoever runs away from my path, is not from amongst us.
123

Family as a Divinely-inspired institution Family and marriage relationship permeated with tranquility, love and mercy and has been described as signs of Gods power and blessings:

123

Cont.
Faith and family:

Faith constitutes the bedrock for the institution of the

family a Muslim is not permitted to marry a nonMuslim. Inheritance is not allowed when both parties do not share the same faith.

124
124

Cont

Family institution as a social contract (nikh means aqd contract, and not a divine contract in the Qur`n marriage is referred to ( strong covenant) The only legitimate way to establish family is through a proper marriage. Equality of the sexes

125
125

Measures to Avoid Intimate Relationship Outside the Bond of Marriage

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

5.

Prohibition of boyfriends, girlfriends

126
126

1- Prohibition of looking with desire at the opposite gender

*... ... )31-30 :(

Say to the believing men that they lower their looks and guard their private parts; * And say to the believing women that they lower their looks and guard their private parts (24: 30-31).
127
127

2- People should be dressed properly

What is a proper dress? a) It must cover the awrah properly. It is prohibited for a Muslim to expose his / her awrah to others, as it is prohibited to look at the awrah of someone. A man should not look at the awrah of another man, nor a woman of a woman, nor should a man go under one cloth with another man, nor a woman with another woman. (Hadith)
128

Cont The limits of awrah: - For a man: from his naval to his knee. - For a woman: with respect to a man who is not her mahram is her entire body except her face and hands. with respect to a man who is her mahram (except the husband) does not include the following parts: hair, ears, neck, upper part of the chest, arms and legs up to knees.
129

Cont
- Other parts from the knees to the beginning of the upper part of the chest are awrah and should not be exposed before anyone, man or woman except her husband. - Headscarf must cover the bosom

)31 : (...

and do not display their ornaments except what appears thereof, and let them wear their head-coverings over their bosoms, and not display their ornaments (24: 31)
130

Cont
b) It must not be transparent, revealing what is underneath it. In one hadith the Prophet (saw) says: Two are the types of the dwellers of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would be inclined (to evil) and make people incline towards it

131
131

Cont
their hair styled like the humps of camels inclined to one side. They will not enter Paradise and they would not smell its odour whereas its odour would be smelt from such and such distance. (Hadith) c) It must be loose and not tight-fitting so as to define the parts of his / her body. This type of clothes falls under the previous Hadith dressed but yet naked.

132
132

Cont
Tight jeans and other types of trousers worn with sweaters, sweat-shirts or T-shirts are considered un-Islamic and it is prohibited for a Muslim woman to wear them outside even during free time. d) It should not be specifically designed for the opposite gender. The Prophet (saw) cursed women who try to resemble men and men who try to resemble women, and prohibited women from wearing mens clothes and vice versa.
133
133

Cont
e) It should not be specifically designed for nonMuslims (as required by their religion, tradition, or culture). It does not apply to those clothes which are common among people and dont carry any religious or cultural specifications. The Prophet (saw) said: Whoever imitates a people is one of them. (Hadith) f) Men should not use gold and pure silk.

134
134

3- Prohibition of excessive beautification

Excessive beautification is that which is used to

tease people and excite them makeup, strong perfume, and sexy clothes.

and let them not strike their feet so that what they hide of their ornaments may be known (24: 31)
Any woman who puts perfume and passes by people to smell her odour is sinful (like one who committed adultery). (Hadith)
135

)31 : (

135

4- Prohibition of Khalwah
Khalwah means: a man and a woman who are outside the degree of mahram being alone together in a place in which there is no fear of intrusion by anyone else. The term mahram denotes a relationship either by close blood ties or by marriage of such degree that marriage is permanently prohibited. A mahram is: husband, any male relative with whom marriage is permanently prohibited (father, father in-law, grandfather, son, brother, uncle or nephew).

136
136

Cont
Whoever believes in Allah and the Last Day must never be in privacy with a woman without there being a mahram (of hers) with her, for otherwise Satan will be the third person with them (Hadith) Beware of entering where women are. A man from the Ansar asked: O Messenger of Allah, what about the in-law? He replied: The in-law is death. (Hadith)

137
137

5- Prohibition of boyfriends, girlfriends

- It is against the prohibition of looking with desire at

the opposite sex - It entails privacy (khalwah) - This practice is automatically accompanied by having romance or even sex. The alternative for boy / girl-friend - Khitbah (promise/ informal engagement) - Marriage contract (formal engagement) - Consummation of marriage (wedding ceremony)
138
138

Marriage

Criteria of selecting spouses

1- Religion and good character:

One may choose a woman as a wife for the following reasons or for some of them: her wealth, her family status, her beauty, and her religion. So you should marry the religious woman otherwise you will be a loser. (Hadith) When someone with whose religion and character you are satisfied asks for your daughter in marriage, accede to his request. If you do not do so there will be corruption and great evil on the earth. (Hadith)
139
139

Cont
2- Compatibility: compatibility in respect of age, lifestyle, character, way of thinking, social and economic status, and education should be the second criterion for selecting a spouse. 3- Realism and moderation in expectations Both spouses do not have to expect from one another what they are not able to do. Rather, they have to be realistic and moderate towards each other.
140
140

Foundations of marriage contract

1- It must be permanent as humanly as possible:

Do not divorce women only for genuine reasons, for Allah does not like those who are tasters who enjoy one partner for a while then shift to another, and so on. (Hadith)

141
141

Cont

2- Mutual consent: any decision of marriage should be based on mutual consent of both sides, husband and wife.
A woman who has been previously married (a divorced woman) has more rights concerning her person than her guardian, and a virgin woman must be consulted about herself, her consent being her silence. (Hadith)
142
142

Cont
A man during the lifetime of the Prophet (saw) married his daughter, without her consent, to his nephew only for the sake of improving his social status. When she complained to the Prophet (saw) about that, the Prophet (saw) gave her the choice between endorsing and rejecting her fathers decision. Then she said: I endorse what my father had done, but I want women to know that fathers have no right to force their daughters to marry without their consent. (Hadith)

143
143

Cont
3- Reasonable dowry:
The most blessed wives are those whose dowry is affordable. (Hadith)

4- Equal rights and obligations )228 :(

They have rights similar to those against them (rights of husband) in a just manner, and the men are a degree above them (external authority in the household), and Allah is Mighty, Wise. (2: 228)
144

144

 Mutual rights and obligations

1. To help each other to follow the right

way and practice Islam and safeguard him / her against evil and sins.
)6 : (

O you who believe! save yourselves and your families from a fire whose fuel is people and stones, over which are set angels strong, severe, who do not disobey the commands they receive from Allah, but do what they are commanded. (66: 6)
145

145

Cont
2. To be kind, understanding, forgiving, and treat the other side in a tender and loving manner. : : : .) :" ( The best of you are those who are the best to their families, and I am the best to my family. (Hadith)

3. To meet the psychological and physical needs of the other side.

146
146

Cont
4. Focus on positive aspects and appreciate them. Avoid focusing on negative ones and try to tolerate them.
A believer should not hate his wife merely because she has some negative points. If he finds some disagreeable things in her character, he will appreciate a lot of her good morals. (Hadith)

5. Every side has to avoid any extramarital intimate relationship, or such relations that may
cast suspicion on his/her behaviour.
147
147

Duties towards children

1- Selection of good parents 2- Right to legitimacy: legitimate father and mother, prohibition of legal adoption: the right of the child to retain his original familys name and to know his real parents. 3- Right to life (prohibition of infanticide, abortion) 4- Right to equal life chances (no discrimination between male and female) 5- Right to general care: material, spiritual, and educational / intellectual.
148
148

WEEK 6

ISLAMIC VALUES RELATED TO DIFFERENT PROFESSIONS

149

LEGAL ETHICS
Legal ethics are the principles of conduct that members of the profession are expected to observe in the practice of law. Legal ethics is reflected in the following professions:
- Judges - Public prosecutors - Lawyers

150
150

JUDGES
Who is the judge?

A Judge is

a public officer chosen or elected to preside over (governe or control) and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides questions of law or discretion. One who makes a decision or reaches a conclusion after examining all the factual evidence presented, or one who forms an opinion after evaluating the facts and applying the law.

151
151

Cont

Who can be qualified as a judge?

- A judge must be a conscientious person who

is self-determined to serve justice and protect the rights of people. - A knowledgeable person who has acquired all the requisites of being a judge.

152
152

Cont
: . .) : (." Judges are of three categories: two of them in the Hell and one in Paradise. The first is one who, knowingly, judges with injustice, that is in the Hell Fire. The second is one who is ignorant and judges among people without knowledge, thus he violates their rights. He is also in the Hell fire. The third is one who judges with justice. He will be in Paradise. (Hadith)
153
153

Ethics and Values of a Judge

1- To judge with justice What is a just decision? a- To do ones best to reach a just decision When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.

154
154

Cont
b- To base the decision on the evidence available You bring to me, for judgment, your disputes and some of you may be more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. Bear in mind that if I slice off anything for him (in my judgment) from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.

c- Self satisfaction that this is the right decision

155
155

2- To administer justice without fear or favour

a) Without fear: -To be a person of principles - To be independent to avoid all types of pressure - To be ready to reverse his wrong decisions b) Without favour: - Should not sit in a case in which: - he has personal interest - close relatives involved - Neutral = not influenced by personal enmity
156
156

Cont
- Fair & equal hearing When you sit to judge between two litigants, dont make a decision only after an equal hearing from both sides. - Avoid accepting gifts / bribes Allah cursed the briber and the bribed in making judgments. - Should not make a decision when his mind is confused with anything that may prevent him from sound thinking. - Patience; not to misuse his power against litigants or lawyers. - To try to get the parties to reconcile whenever there is a chance for that.
157
157

PUBLIC PROSECUTOR
Who is a public prosecutor?

is a government official who conducts criminal prosecutions on behalf of the state. A prosecutor takes charge of the investigation once a crime has been committed, presents evidence at a hearing before a grand jury, and questions witnesses during the trial.

Public Prosecutor

A public prosecutor has: - To balance between protecting the rights of the society & the rights of the accused.
158
158

Cont
- To punish people according to the offence committed. - To avoid selective prosecution motivated by personal / political affairs - To avoid fabricating evidence or accusations - To avoid suppressing pieces of material evidence - Not to prosecute in cases where they have personal affairs, or close relatives involved. - To avoid bribes

159
159

LAWYERS
Who is a lawyer?

A Lawyer is

one whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters. Hence, he is a person, who through a regular program of study, is learned in legal matters and has been licensed to practice his or her profession. Any qualified person who prosecutes or defends causes in courts of record or other judicial tribunals of the state (s), or who renders legal advice or assistance in relation to any cause or matter.
160

160

Cont
a- The idea of advocacy
- Lack of legal skills to defend their rights - Complicated laws and procedures b- Advocacy aims at: - Helping people to get/ defend their rights - Helping the accused to get a fair trial - Helping judges to examine cases and reach just decisions

c- Duties of lawyers: 1- Toward justice & society 2- Towards clients

161
161

Cont
1- Lawyers duty toward justice & society: To secure justice between people: i. Not to engage himself in tactics that may defeat the fair administration of justice ii. Not to hide the truth iii. Not to fabricate evidence iv. Not to cross-examine an adverse witness in such a way to undermine or destroy his true testimony v. Not to invoke the rules of evidence to exclude points that would weigh against his case which he knows they are true
162
162

Cont
2- Duties toward clients: To fulfil contracts & promises To be honest & sincere in defending them
- To be honest in advising them - To defend them to the best of his abilities

163

No right to drop/ waive any right of his client without permission No admission of guilt on behalf of his client without authorization No disclosure of confidential communications To be lenient and helpful towards poor clients
163

The Policy of a Muslim Lawyer in Taking Cases of Court

* * * * (: )109-105
164
164

Cont
We have revealed the Book to you with the truth that you may judge between people by means of that which Allah has taught you; and be not an advocate on behalf of those who betray their trust (treacherous). And seek forgiveness of Allah. Surely, Allah is ever Forgiving, Merciful. And do not plead on behalf of those who deceive themselves; surely Allah does not love him who is treacherous, sinful. They seek to hide their crimes from men but they cannot hide them from Allah. He is with them when by night they hold discourse displeasing to Him.
165
165

Cont
Allah ever surrounds what they do. These are the sort of men on whose behalf you may contend in this world; but who will contend with Allah on their behalf on the Day of Judgment, or who will then be their defender? (4: 105-109). - Unlawful to attempt to conceal the truth - Unlawful to argue for the innocence of someone who is clearly guilty

166
166

WEEK 7
BUSINESS ETHICS

167

Business Ethics

- Who is better: a rich Muslim or a poor Muslim? - What are the limits of using wealth in Islam? - What about Zuhd and Qanaa (austerity and

contentment)?

168
168

Wealth in Islam
- Islam encourages people to acquire wealth and live a

prosperous life )168 : (

O you people: eat of what is on the earth, lawful and good, and do not follow the footsteps of the evil one. (2: 168)
169
169

Cont
- All things created by Allah are for the us to enjoy them but in a reasonable way .)60 : (

Eat and drink of the sustenance provided by Allah, and do no evil nor mischief on the earth. (2: 60)

170
170

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

171
171

Cont
.)77 : ( But seek, with the (wealth) which Allah has bestowed on thee, the Home of the Hereafter, nor forget thy portion in this world: but do thou good, as Allah has been good to thee, and seek not (occasions for) mischief in the land: for Allah loves not those who do mischief. (27: 77) - Dont be extravagant - Use it to support noble principles & actions/ to secure a good position on the Day of Judgment - Do good to others as Allah has done good to you - Dont use it to create mischief on the earth
172
172

Zuhd (austerity/ asceticism)

- Zuhd is an Islamic value - Zuhd poverty - A rich person may be a zahid, while a poor person may not be zahid

A Zahid is one who puts his wealth in

his hand as a means to achieve ideals, ultimate goals, and supportive principles in this world as well as to prepare himself for the Hereafter.

173
173

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

Qanaa (contentment)

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

174
174

The Principle of Halal vs. Haram Ways of Earning and Spending

Basic facts: - People will not be questioned on the Day of Judgment on the amount of wealth they accumulated. Rather, they will be questioned how they got it and how they used it. - Although provision (rizk) is granted by Allah to people based on their work, it is not an automatic result of mens work. It is given by the will of Allah and every one has a limit.

175
175

Cont
* )19-18 : (

Whoever desires this life, We readily grant them such things as We will, to such person as We will. And afterward We provided Hell for them; they will burn therein, disgraced and rejected. * And whoever desires the hereafter and he strives for it all due striving, being a believer, they are the ones whose striving is acceptable to Allah. (Al-Isra: 18-19)

176
176

Cont
Points to ponder! Following haram way will never give you, as some people may think, an additional portion of wealth. And following halal way will not cause you any loss of your portion of rizk. - The principle of halal and haram applies as much to the spending of wealth as it does to its acquisition.

177
177

Cont
Why some things are haram?

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

178
178

Cont
- Bad Individual harm physical spiritual

- Harmful
Social harm

definitively
- Conducive to harm most likely

179
179

Benefits of Halal vs. Evils of Haram

Halal

work and the earnings emanated therefrom are a kind of ibadah for which a Muslim will be rewarded on the Day of Judgment.

Haram earnings and

spending will rewarded with a Punishment on the Day of Judgement

180
180

Cont
Whatever is spent out of Sadaqah will not be

halal earnings is considered as sadaqah (charity) even what is spent on ones family

accepted by Allah

If anyone earns wealth through haram means and then gives charity from it, there is no regard for him and the burden of sin remains
181
181

Cont
If a person earns property through haram means and then gives charity, it will not be accepted (by Allah); if he spends it, there will be no blessing on it; and if he leaves it behind (at his death), it will be his provision in the Fire. Indeed, Allah (s.w.t.) does not eliminate one bad deed by another bad deed, but He cancels out a bad deed by a good deed. An unclean thing does not wipe away another unclean thing.

182
182

Cont
Halal earnings will be Blessing will be lifted

blessed by Allah (swt)

from it Rejection of dua

183

Allah's Messenger (saw) said: 0 people, Allah is Good and He, therefore, accepts only that which is good. And Allah commanded the believers as He commanded the Messengers by saying: O Messengers, eat of the good things, and do good deeds; verily I am aware of what you do (23:51). And He said: 0 those who believe, eat of the good things that We gave you (2:172)=
183

Cont
= He then mentioned a person who travels widely, his hair dishevelled and covered with dust. He lifts his hands towards the sky and, thus, makes the dua : O Lord, 0 Lord, whereas his food is unlawful, his drink is unlawful, and his clothes are unlawful and his nourishment is unlawful. How can then his dua be accepted? (Hadith)

Halal earnings will bring to its possessor peace of mind and help him to have a clear conscience

Its possessor will have always a guilty conscience

184
184

Aims of Business Ethics in Islam

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

185
185

1- Protecting the rights of parties involved in the contract

a) Mutual consent / agreement b) To fulfill terms and conditions )1 : (... O you who believe! Fulfil your contracts and obligations (5: 1) Muslims are bound by all the conditions they have agreed upon, unless a contract or conditions is against the principles of Islam in the way of making something haram as halal or vice versa.
186
186

2- Protecting Consumer Rights

a) To avoid deception & fraud The Messenger of Allah (saw) once passed by a stock of grain. He touched it and felt moisture inside the stock. He asked the seller what it was. The merchant said: O Prophet of Allah it was affected by rain. The Prophet (saw) said: Then why you did not place the wet wheat over the rest of the stock, so people could see it for themselves. Any one practicing deception has no relationship with me. (Hadith)

187
187

Cont
To avoid selling defective commodities without informing the buyer about defects contained in it. A Muslim is a brother of his fellow Muslim. It is not lawful for a Muslim to sell such a commodity that has a defect, except that the defect is shown to the buyer.

- To avoid false and misleading advertisement

188
188

Cont
To give accurate weight and measurement The description of the weigh or measurement should match the reality : ( *
)182-181

Give full measure, and be not of those who give less than the due. And weigh with the true balance. (26: 181-182)
189
189

Cont
b) To avoid hoarding essential commodities (ihtikar)

Hoarding means to collect and keep large amounts of food without offering it in the market in order to create artificial scarcity to increase the price dramatically.
This is usually practised in the periods of crises. Hoarding is a kind of business exploitation of consumers. Thus, it is strictly prohibited by Islam. The Prophet (saw) said: One who hoards things for increasing their prices for Muslims is a wrong doer. (Hadith)
190
190

Cont
c) Prohibition of outbidding To offer more money than somebody else in order to unreasonably increase the price without being a potential buyer d) The practice of middleman may be prevented to protect the rights of consumers - Dwellers of towns may be prevented from selling the merchandises of farmers/ villagers - Farmers may be allowed to sell there goods directly if it is necessary The Messenger of Allah forbade the selling of things by a town dweller on behalf of a countryside dweller (farmer); and similarly Najash was forbidden.
191

191

3- Fair Competition
a) To avoid misleading advertisement b) Avoid giving bribes .) : ( Allah cursed the briber and the bribed in making judgments. .)188 : (

And do not eat up your property among yourselves by false means, neither seek to gain access thereby to the judges, so that you may eat up a part of the property of others wrongfully. (2: 188)
192

192

Cont
-

To get advantage / Privilege Escape due punishment Take the rights of others

c) To balance between competitiveness and cooperation d) To avoid entering in a transaction another person has already entered into Ibn Umar reported Allah's Messenger (saws) as having said: A person should not enter..=
193
193

Cont
= into a transaction when his brother had already entered into but not finalized, and he should not make proposal of marriage upon the proposal already made by his brother, until he permits it. (Muslim)

and a woman should not ask the divorce of her sister in order to deprive her of what belongs to her. (Muslim)

194
194

4- Protecting the Rights of Workers

-

Wages and the specification of the work must be clarified and agreed upon before starting the work. Wages are to be determined by mutual consent. A worker is entitled to a fair and just wage for his work. The employee must perform his duties efficiently and honestly and the employer must pay him his full wages. Wages should be paid without any delay .) :" ( " Give the laborer his wage before his perspiration be dry. (Ibn Majah)
195

195

5- Protecting Public Interest / Funds

a) Fair recruitment practices To avoid discrimination, nepotism, and cronyism An office or a post is a divine trust and, therefore, it should be offered only to the deserving persons. Responsibility should be given only to the person who is able to shoulder it and who has the capability to do justice to the trust placed in him.

196
196

Cont
The Prophet (saw) said: whoever has appointed an administrator through nepotism while there was one who was more suitable to this position than that person, then he has committed misappropriation against Allah and His Messenger and all the Muslims. (Hadith)

b) To avoid misappropriation of public funds The Prophet (saw) said: Whomsoever we have given some post and he has concealed a needle or a thing smaller than that, then it will be a misappropriated thing with which he will have to appear on the Day of Judgment. (Hadith Muslim)
197
197

Cont
C- To avoid haram transactions i. Riba * .)279-278 : (

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

ii. Dealing in haram commodities

198
198

6- Lenency
: :" ( " .)

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

.)280 :(
If the debtor is in a difficulty, grant him time till it is easy for him to repay. And if you remit it by way of charity, that is best for you if you only knew (the generous reward for this). (2: 280)
199
199

WEEK 8
INTER-PERSONAL RELATIONS

200

General rights of a Muslim over his fellow Muslims

Six are the rights of a Muslim over another Muslim: 1. When you meet him, offer him salam; 2. When he invites you to a feast accept it. 3. When he seeks your counsel give him; 4. When he sneezes and says: alhamdulillah, you say Yarhamuka Allah (may Allah show mercy to you); 5. When he falls ill visit him; and 6. When he dies follow his funeral.

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Behavior Towards Co-Workers

1- Cooperation: they have to work in collaboration with each other in good faith for the best interests of their institution and the community as a whole. )2 : (

And help one another in goodness and piety,

and do not help one another in sin and aggression. (5: 2)

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Cont
2- Mutual respect and avoiding interference in others personal affairs / respect their right to privacy. It is a sign of sincere faith to avoid interfering in what does not concern you 3- To share knowledge and experience with others. - It is the duty of a senior worker to pass his knowledge and experience to his juniors.

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Cont
- The motto of encouraging people to share knowledge and experience, is made by Islam as a continuous charity. When a person dies he is completely cut off except from three things: (1) A running charity; (2) Knowledge that he had taught and remains put to good use; and (3) Virtuous progeny praying Allah for him. - It is also the duty of the new inexperienced workers to learn for their seniors. )43 : ( Ask those who are knowledgeable if you dont know (16: 43)
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Behaviour Toward the Superiors

1 - To obey them and observe the rule of law

: ( )59 O you who believe! Obey Allah and obey the Messenger and those in authority from among you. (4: 59)
There is no submission in matters involving God's disobedience or displeasure. Submission is obligatory only in what is good (and reasonable).
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Cont
2 - To give them advice " : " ( ). Religion is to give honest advice for Allah, His Book, and His Prophet and to Muslim leaders and public.

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Behaviour Towards Subordinates

1-Consultation (shura) and getting feedback:

So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs... (3: 159) )38 : ( And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them. (42: 38)
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)159 : (

Cont
2- To be kind and lenient with them

": .) " ( O Allah, who (happens to) acquire some kind of control over the affairs of my people and is hard upon them-be hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them-be kind to him.

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Cont
3- To serve them honestly and sincerely ": " A ruler who, having obtained control over the affairs of the Muslims, does not strive for their betterment and does not serve them sincerely shall not enter Paradise with them. 4- Respect for their opinions and beliefs

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Behaviour Toward Neighbours

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

1- To avoid causing them any kind of harm : .) :" (

Abu Huraira narrated that the Messenger of Allah (saw) observed: He who does not secure his neighbour from his wrongful conduct, will not enter Paradise. (Hadith)

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Cont
2- To help and be kind to them

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

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

Abu Dharr reported Allahs Messenger (saw) commanded me that: whenever you prepare a broth (meat soup), add water to it, and have in your mind the members of the household of your neighbours and then give them out of this with courtesy.

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Ethics in the Domain of Politics

How should a Muslim, who is participating in politics, behave towards his opponents and those who belong to different political parties and groups? How can we balance between keeping political plurality (which is a reality and may be a necessary tool for maintaining balance between different centres of power in the society) and cooperation between different parties and groups for the mutual benefit (the benefit of the country)?

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Ethnic Relation in Islam: Basic Principles

Humanity lives today in a global village, where no people or

nation can live in isolation from and indifferent to what goes on elsewhere. Our world is so interdependent and so interrelated that peaceful dialogue has become an imperative. The basic principles of constructing good foundations for ethnic relation in Islam are: 1. Faith in the One Universal God

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Cont
2. Allah is One and is impartial toward His creation. He provides for all, including those who reject faith in Him or even those who defy Him. 3. Unity and universality of the core teachings of all prophets (PBUT)

4. Universal human dignity.

5. Necessity of Islamic Dawah

6. No coercion in religion

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A Case Study of Ethnic Relations: Malaysian Constitution

Malaysia is a multi-racial country consisting of Malay, Chinese, Indian and other minor races. No doubt, this multi-racial society enjoys multi- racial cultures, religions and ways of life. Some differences sometimes may easily lead to conflicts like what has happened in 13th May 1969, and Kampung Medan tragedy in 6 March 2001.

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Challenges
Differences and conflicts of interests among ethnic groups: a. Social i. separation of living places - Malay in rural areas, Chinese in towns and Indian - estates ii. separation in education system every ethnic group has its own system. b. Economic i. Differences in working sectors ii. The domination of economic sectors
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Cont
c. Political: Racial politics voices of their ethnics strengthening and bolding the racial sentiments. (ex. UMNO for Malay, MCA for Chinese and MIC for Indian d. Religious, language and cultural: The differences in these values lead to: 1. Racial interests choosing friends, jobs and partners; 2. Polarization between ethnic groups.

living

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Solution
Islam, the official religion of this country as stated in the constitution, accommodates the needs of every ethnic group without discriminating their rights and values. The core teachings of Islam, which are universal in nature, are against the compulsion on other religions. Therefore, Islamic teachings construct the basic foundations for a multi-racial and multireligious country, i.e., Malaysia. The first Islamic constitution drafted by the Prophet (peace be upon him), Sahifah Madinah reflected a just, liberal and caring Islamic stand toward other ethnics.

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Cont
Among the details regarding non-Muslims in the constitutions are: Every Muslim and non-Muslim is responsible for defending and protecting the country. They are not allowed to help the enemy of Islam. They are given citizenship and their security is protected. Every citizen should be treated justly and helped. Freedom of religion Every individual or group has his / its own right and it should not be transgressed.

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Dealing with Different Ethnic Groups: Some Quranic and Prophetic Illustrations

1. Good social interaction

In Surah al-Mumtahanah (60: 8-9), Allah says:

* (-8 :
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)9
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Cont

Allah forbids you not, with regard to those who fight

you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just. * Allah only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong. (alMumtahinah: 8-9)

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Cont

2. Uphold the rights of a neighbor The Prophet (p.b.u.h.) said: Neighbor is of three types: (1) enjoy one right which is non-Muslim (right of neighbor); (2) enjoy two rights which is Muslim (right of neighbor and right as a Muslim); and (3) enjoy three rights which is relatives ( rights of neighbor, of Muslim, and of relatives) (Hadith)

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Cont

3. Respect the others non Muslims.

Once a dead body was being brought in front of the Prophet (p.b.u.h.), and the Prophet stood to respect. Then he was told that the body belonged to a Jewish. He replied, Is it not a body (jasad).

4. Communicating with Hikmah

Do not argue with the people of the book except with the best (hikmah) (29: 46)

)46 : (

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Cont
5.

Pay them a visit if they are sick. It is reported that the Prophet (p.b.u.h.) was not only used to visit non-Muslims if they were sick, but more than that, he was normally the first to do so.

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

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Ethics in the Domain of Politics

The concept of government

Trust vs. opportunism & misuse of power

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

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Cont

The challenge here is: How can we make

ourselves transform these principles from theory to practice to avoid opportunism and dictatorship?

The concept of opposition Right to change vs. cooperation

- To monitor the activities of the government = Cooperate in good and beneficial matters = Criticize what is seen to be wrong and bad
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Cont

Ethical conditions of opposition / criticism

-

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

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

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

False pride & dignity

- Criticism = advice - Helps us to correct our mistakes - Strengthen our character - Improve our performance
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WEEK 9

Fiqh & Shari ah

Definition and differences between fiqh and shariah

Definition Fiqh: Literal meaning: - Understanding (al-fahm) - Profound and correct understanding Technical meaning: 1- General meaning (early stage) - A persons knowledge of his rights and duties

234

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

235

Shari ah A comprehensive term which include both fiqh (Islamic law) and tenets. It includes all texts, teachings and principles Beliefs + Law + ethics

Shari ah - Wider - Source = Divine

- Immutable

Fiqh - Narrower - Divine + Sunnah + Human endeavor - Some parts may change
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Madhahib Fiqhiyyah (Schools of Islamic legal thought) The emergence of madhahib fiqhiyyah is the result of practising ijtihad What is ijtihad? - Interpretation of texts - Deduction of ahkam (legal rulings) on new incidents
237

Why ijtihad is needed? - Texts which impart more than one meaning = imply more than one interpretation - Texts are limited in number while new incidents are unlimited in number - A lot of texts are in the form of general rules and principles to embrace new incidents.
238

History of ijtihad 1- Ijtihad in the era of revelation - The main source of law was Revelation (the Quran) - Sunnah as an inspiration and guidance from Allah to His Messenger - Ijtihad of the Prophet in interpreting and applying the texts of the Quran
239

- Ijtihad of Sahabah = limited = Corrected by the Prophet or revelation = If they disagree on any issue they refer it the Prophet and his decision is final

240

2- Ijtihad in the era of Sahabah - The scope of ijtihad widened = new incidents: = Expansion of Muslim state = new people, new customs and traditions = Development of life = new challenges - The result of this ijtihad: = Agreement = ijma (consensus of opinions) = Disagreement = no higher authority to make a final ruling and unite all opinions

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That was the seed of madhahib fiqhiyyah 3- Ijtihad after the era of Sahabah More developments in social, economic and intellectual life = the scope of ijtihad became wider and wider Mujtahids (scholars who are specialized in religious studies and mastered it) developed their methods of ijtihad Madhahib shaped and developed

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What is a madh-hab? First stage: emergence A scholars approach of ijtihad = rules and principles of interpretation + legal views and opinions

The last stage: development The sum total of the scholars legal rulings as well as the rulings of his students and that of all the scholars who adhered to their approach of ijtihad.
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Mujtahid = rules of interpretation + legal opinions Students = adopt his approach + narrate & record his legal opinions + spread those opinions + enrich them

Those who adhere to his methodology of ijtihad = spread the madh-hab + enrich it +formalize the madh-hab

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How many madhahib are there?

- In the first sense of madh-hab There were many madhahib - But those madhahib of Sunni school which continued to exist and established themselves are four.

- The reason behind this continuation is mainly because of the number and the role of students and followers
245

Sunni Schools:
1- The Hanafi madh-hab 2- The Maliki madh-hab 3- The Shafii madh-hab 4- The Hanbali madh-hab Shii schools: - The Zidi madh-hab - Imami/ Jafari madh-hab

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WEEK 10
Maqasid al- shariah and preservation of basic rights

The objectives of Shari ah (maqasid alShariah) (Islamic criterion for measuring human needs ) The main objectives of the shariah are of two types: 1- To secure the interest of mankind that pertains to Hereafter,

2- To secure the interest of mankind pertaining to this world.

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Who is to determine what is in mans interest? - The lawgiver (Allah & His Messenger) - Human reason (in light of texts, general principles = should not contradict or violate the texts the general principles)

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Classification of interest pertaining to its compliance with Shariah = (Criterion for evaluating the acceptance of interest) 1- Acknowledged mutabarah): interest (al-maslahah al-

- Explicitly
- Implicitly = new interest which may be related to this type of interest

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2- Rejected interest (al-maslahah al-mulghah): - Explicitly - Implicitly = what may be considered by some people as interest but which is in contradiction with the texts and principles, or which may violate the objectives of shariah.

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The criterion for evaluating the importance of interest (for the existence and preservation of human life) 1- The essentials/ necessities (al-Daruriyyat):

Basic requirements to the survival and spiritual well-being of individuals and societies
Their destruction lead to seriously affecting human life (basic human rights), demise of normal order, chaos in the society
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2- The needs/ exigencies (al-Hajiyyat): Those interests which are needed to: - support necessities - remove severity and hardship Their absence does not impose a threat to the very survival of normal order and basic human rights 3- The complementary interests (al-Tahsiniyyat): To attain perfection and refinement in human life

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= The relation categories:

between

the

three

Each outer shell forms a supportive and protective boundary for the inner shell. The basic rights: 1- Religion (al-Din) 2- Life (al-hayah) 3-Intellect/ reason (al-aql) 4- Lineage (al-nasab) 5- Property/ wealth (al-mal)

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= The benefit of this classification: - To resolve any conflict between these different categories of interest - The rules of conflict and priority: 1- The stronger interest shall prevail: Although all the necessities should be observed, promoted and protected, in case of conflict they should be taken in the order in which they are stated:

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- Daruriyyat have priority over the hajiyyat, which in turn have priority over the tahsiniyyat. - Din has precedence over life (jihad); - Religion # intellect = freedom of thinking - Religion # property = spending/ haram wealth - Life has precedence over nasl (abortion); - life has precedence over aql (drinking wine, drugs for medical purposes); - aql has precedence over wealth (education) ...etc.
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Legal maxims which govern this rule 1. Committing the lesser of two harms. 2. Necessity dictates exception/ necessity overrules prohibition. 3. That which became permissible by necessity is estimated by the extent thereof. 4. Avoiding harm is prior to acquiring benefit.

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2- The public interest is prior to the private: Legal maxim: Committing a specific harm for the sake of preventing a general harm - Taking preventive measures against people who are carrying transmitted diseases; - Punishments; - Preventing unqualified professional from practising; - Prohibition of hoarding
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How shari ah preserves the five basic rights?

1- Affirmative measures = Establishment +

maintenance (obligations, recommendations, permissible)

2- Protective measures = Prohibition +

punishment

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1- Religion: Affirmative measures: - Establishment: Revelation - Maintenance: Continuous practice, dawah/ al-amru bil mruf

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

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b) Against outsiders: Defending religion intellectually, power and independence, Jihad 2- Life: Affirmative measures: - Establishment: Creation, marriage - Maintenance: Providing sustenance, maintaining good health

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Protective measures: - Prohibition of any attack on human life without legal justification (homicide, suicide, injuries) + Qisas 3- Lineage: Affirmative measures: - Establishment: Marriage - Maintenance: Establishment of family + responsibilities towards children
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Protective measures: a) Against its discontinuity (demise): Prohibition of abortion, sterilization, celibacy b) Against its confusion: Prohibition of adultery, false accusation, surrogate motherhood and surrogated fatherhood

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

Protective measures: Prohibition of intoxicants, drugs, prohibition of believing in superstitions

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5- Property/ wealth: Affirmative measures: Bounties given by Allah Permission of trade and conducting business, private ownership Protective measures: Prohibition of violating the property of other, extravagance, theft, misappropriation

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WEEK 11
CONTEMPORARY ISSUES

Family planning Birth control The use of birth control methods to choose the number and timing of children born into a family

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

VIEWS (SEEM TO) DISCOURAGE: A- Islam encourages people to have children. i) To marry fertile spouse: Marry women who are loving and fertile (childbearing), for I shall outnumber the peoples by you.
ii) Rejection of celibacy: I pray and I sleep; I fast and I break my fast; and I marry women. Whoever turns away from my way of life is not from me.

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B- Allah has warned about killing ones children out of fear of poverty. )151 : ( Kill not your children because of poverty - We provide sustenance for you and for them" (6: 151)

)31 : ( And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin" (17: 31)

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C- The Prophet (saw) said about contraception: There is no harm if you do not do that, because the birth of the child is something pre-ordained.
D- The Prophet (saw) said on 'azl (contraception): That is the secret way of burying alive. E- It is exploited by anti-Muslims to reduce their population.

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2. To control the timing of births with the intent of distancing the occurrences of pregnancy Contraception: A way of avoiding pregnancy temporarily, using either artificial methods such as condoms and birth-control pills or natural methods such as avoiding sex during the womans known fertile periods.

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1- One form of contraception was practised during the time of the Prophet (saw) while the Quran was being revealed but neither the Quran nor the Prophet (saw) prohibited it. Jabir reported: We used to practise 'azl (withdrawing the male sexual organ before emission of semen to avoid conception) during the lifetime of Allah's Messenger (saw). The news of this practice reached Allah's Messenger (saw), and he did not forbid us.
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- When 'azl was mentioned in the presence of Allah's messenger (saw) he said: Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her she may conceive which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon the Prophet (saw) said: There is no harm if you do not do that, because the birth of the child is something pre-ordained.

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2- The Messenger of Allah said: I intended to prohibit cohabitation with the suckling women to avoid pregnancy within suckling period, but I considered the Greeks and Persians, and saw that they used to cohabit with their suckling wives and that did not harm their children. Then they asked him about 'azl, whereupon he said. That is the secret way of burying alive.

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Conclusion: The Prophet (saw) did not prohibit contraception but he did not encourage it. - It would be lawful for a couple to use contraceptive methods if they opt for it, provided that: - It does not involve pregnancy termination. - It should not be made as a general policy of a Muslim community as it may be exploited by anti-Muslims to affect Muslim communities and turn them to minorities.
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- It should not be imposed on anyone by anyone, as it is the absolute right of everyone to have children. - It should be practised only with the consent of both sides; husband and wife.

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3. To eliminate the possibility of having children Surgical contraception (sterilization): 1. Vasectomy is a surgical procedure leading to the sterilization of man. It is a procedure that involves cutting, tying and sealing both the tubes running sperm from testicles to the urethra and penis. It is a way to prevent ejaculation permanently.

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2. For women, oviducts (tubes that run eggs) are surgically cut and sealed, preventing an egg from reaching the womb or from even coming in contact with sperm but allowing ovulation to continue.
It is a way to prevent pregnancy permanently for women.

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

279

 : .) : " (

Sa'd b. Abi Waqqas says: the idea of 'Uthman b. Madh'un for living in celibacy was rejected by the Prophet (saw), and if he had been given permission they would have got themselves castrated (sterilized).

280

Abdullah b. Umar said: We used to participate in jihad with the Prophet (saw) and we had no wives with us. So we said (to the Prophet). Shall we castrate (sterilize) ourselves? But the Prophet forbade us to do that and after that he allowed us to marry a woman by giving her even a garment, and then he recited: O you who believe! Do not make unlawful the good things which Allah has made lawful for you.

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It may practised under cases of necessity

- When pregnancy becomes dangerous to the mothers life (determined by trustworthyMuslim doctors) and when other alternatives of contraception have been exhausted without being effective.
- Marriage for tow persons infected with AIDS, HIV.
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Human reproduction methods

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

283

This practice is lawful only when it involves a :

a. Married couple while b. The marriage contract is still valid, and

c. Necessary measures are taken to prevent any manipulation of this practice to avoid any lineage confusion.

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2- Artificial insemination
A method of inducing pregnancy in a female mammal by injecting sperm into the womb.
This would be lawful if:

- If the sperm is taken from the legal husband - In a continuing marital life But if the sperm used is from a third party or one who is not a legal husband or from the husband but after divorce or his death, it will be prohibited.

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3- Surrogacy
Surrogate: Taking place of somebody or something else. Surrogate mother: A woman who bears a child for a couple, with the intention of handing it over at birth. She usually either is artificially inseminated by the man or implanted with a fertilized egg from the woman.
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1- The sperm and the egg are taken respectively from a legitimate husband and wife. The egg fertilized and then implanted in the womb of another woman who is not the wife of that man. (Uterus) 2- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of his legal wife. (Egg)

287

3- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of the same woman from whom the egg was taken. (Egg + uterus same woman) 4- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of a third woman. (Egg + uterus different women)
- These four forms are haram because in each case a third party who is not a legitimate wife is involved.
288

5- The sperm is taken from a husband who have more than one wife. The egg is taken from one wife. After fertilizing the egg the pre-embryo is implanted in the womb of the second wife. Regarding this case, most of Muslim scholars believe it is unlawful also. Although the sperm is not strange to the womb since it is the womb of his second wife, but the egg is a stranger because it is from another woman. Another objection is that the woman who is bearing the embryo may conceive from her husband using her own egg whereas the embryo implanted may fail to develop and this may lead to confusion: to whom the foetus belongs?
289

- Marital life is limited to its legitimate parties. Any practice that may involve any third party (either a man or a woman) in any form (whether in the form of semen, an ovum, an embryo, or a womb) is unlawful. - Any interference to violate the contract of marriage by introducing any third party (male or female) by a normal way or a biomedical technique is violation of Islamic law. Thus, it is forbidden.

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

- Destruction of the concept of motherhood - Weakening familial relations - Confusion in lineage

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Remedies for barren (infertile) couples

1- Using artificial techniques of fertilization 2- Foster parenting

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WEEK 12
ADOPTION, ABORTION AND PLASTIC SURGERY

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

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Abortion The expulsion of the products of pregnancy before the foetus is viable. Any interruption of human pregnancy prior to the 28th week (6 months) is known as Abortion.
Miscarriage: This term is used for the delivery of a nonviable embryo or foetus due to foetal or maternal factors.

295

Induced Abortion This is made by an elective decision to terminate the pregnancy through the ways and means available.
- If the induced abortion is performed to prevent the health or life of the mother, it is called therapeutic abortion.

296

Abortion: lawful or haram?

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

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2- Before quickening (40 days/120) - Few scholars: Permissible - Few scholars: Reprehensible - The majority: Prohibited only for justifiable reasons (rape, incest, genetic diseases) Why prohibited? - Assault against human life - Harmful (mentally, emotionally, physically) - Ethical impact: Encourage adultery especially among teens.
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Plastic surgery The surgical speciality concerned with the treatment of structural deformity and disfigurement. It is also involved with the enhancement of the appearance of a person (beauty).
a) Cosmetic surgery b) Reconstructive surgery

299

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

300

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

301

- Excessive beautification - Entails deception - Changing creation of Allah - Entails dissatisfaction with ones creation - Pride and show-off - Not needed/ no harm to be removed - Concentration on carnal beauty - Wasting of money

302

b) Reconstructive surgery: Performed on abnormal structures of the body caused by: - Congenital defects (defects that exist since or before birth): Abnormally turned-out lips, split lips, twisted fingers or toes...etc. - Developmental abnormalities: Tumours (a mass of cells growing in or on a part of the body where they should not, deformed teethetc. - Injuries: Scars left by leprosy or other skin diseases, or scars caused by accidents and burnsetc.
303

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

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WEEK 13
Euthanasia Organ transplantation Transsexual

Euthanasia (mercy killing)

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

306

Types of Euthanasia: a) Active Euthanasia: An act of commission by taking action that leads to death, e.g. a lethal injection.
b) Passive Euthanasia: - Letting a person die by taking no action to maintain his life, like stopping giving medications to one whose life is dependent on it. - Withholding medical or surgical procedures and life-support systems.
307

Organ Donation and Transplantation

Legal justification Against: Violation of human body/ dignity In favour: - And if anyone saved a life it would be as if he saved the lives of all mankind. (5: 32) - Charity - Necessity dictates exception - Choice of the lesser evil if both cant be avoided - Prohibition of sale or exchange

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

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

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

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Transsexuality can be addressed through three similar phenomena: 1. Hermaphrodite: An abnormal individual especially among the higher vertebrates having both male and female reproductive organs 2. Homosexuality: Atypical sexuality characterized by manifestation of sexual desire toward a member of one's own sex 3. Transvestitism: The practice of adopting the dress, the manner, and frequently the sexual role of the opposite sex

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Islamic perspective:
The Prophet cursed men who imitated women and women

who imitated men.

He is also reported to have said Allah has cursed the woman

who wears the cloth of men and the man who wears the cloth of women".

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It is not based on our desire to change our sex whenever we like. Thus, permission is only granted to those hermaphrodites.

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WEEK 14

ISLAMIC FINANCIAL MARKET

Basics: - Prohibition of riba (usury/ interest) - Prohibition of gambling

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

- Avoidance of al-Gharar (ambiguities, uncertainty)
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- Risk-sharing or help If you want to get profit in this life you have to accept risk-sharing
If you want to get profit in the second life you

help the needy through al-qardh al-hassan == Application of all transactions which dont entail the above-mentioned prohibitions

- Islamic banking business runs on the basis of commercial and trading principles.
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- Risk-sharing or help If you want to get profit in this life you have to accept risk-sharing
If you want to get profit in the second life you

help the needy through al-qardh al-hassan == Application of all transactions which dont entail the above-mentioned prohibitions

- Islamic banking business runs on the basis of commercial and trading principles.
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Islamic Financial Markets Vs. Conventional Financial Markets Are Islamic financial markets purely Islamic? - Islamic financial markets are working in similar fashion with conventional markets - The difference in experience (IFM is still new)

- The local as well as international FM is set and dominated by conventional FM

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- Islamic FM is a small part in a gigantic system/ limited area for manoeuvering Create an Islamic or Islamic-like versions of current transactions in conventional FM

- Lack of sincerity / exploiting religious sentiments for the sake of making profit.

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- Deposits / Accounts - Money transfer - Loans

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Credit Card

A small plastic card issued to users of the credit system after approval from a provider (bank), in which they will be able to make purchases from merchants supporting that credit card up to a prenegotiated credit limit. When a purchase is made, the credit card user indicates their consent to pay, usually by signing a receipt.

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

- A secured credit card is a special type of credit card in which you must first put down a deposit between 100% and 150% of the total amount of credit you desire. - Thus if you put down $1000, you will be given credit in the range of $500-$1000. - This deposit is held in a special savings account.

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- The owner of the secured credit card is still expected to make regular payment, as he or she would with a regular credit card.
- Should he/she default on a payment, the card issuer can deduct payments on the card out of the deposit. - They are often offered to people as a means of rebuilding ones credit. - Secured credit cards are available with both Visa and MasterCard logos on them.

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Types of credit given

1. Some credit card issuers offer interest-free periods. If the balance is paid in full each month (or the stipulated period) the interest charges will be waived. This allows the credit card to serve as a form of revolving credit. If the balance is not paid as stipulated by the agreement on the which the card was issued, interest charges will be imposed on the credit card holder.
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Typically, the rate of interest charges on the amount owing is much higher than most other forms of debt.
2. Some credit providers charge interest on the amount owing from the very beginning. In this case the interest rates are much lower than those imposed in the first type.

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Guarantee to merchants:
- Credit card companies generally provide a guarantee the merchant will be paid on legitimate transactions regardless of whether the consumer pays their credit card bill. - However, credit card companies generally will not pay a merchant if the consumer challenges the legitimacy of the transaction.

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Benefits to card companies:

1. The interest charges imposed on debts given (from the beginning or after the due date of payment).
2. Card companies charge merchants fees/ commission for money transfer. 3. Annual fees
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Credit Card Organizations:

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

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Adventages vs. Disadvantages:

Adventages: - Convenience in payment/ no need to carry cash - Immediate availability of (short term) loans in case of an urgent need - Avoidance of long procedures. - Face saving in case of need for short loans.

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Disadvantages:
- Enhances the culture of borrowing - Enhances consumerism: - Difficulty in controlling expenses - Unwise use especially by young people - Suffer the long-term consequences of carrying high debt. - Payment of prohibited interest (riba)

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- Extra burden on consumers The credit card companies usually prevent the money transfer fees from being passed on to credit card users the merchants, certainly, dont bear those fees. The fees are spread among all customers by adding them to the normal prices. especially as some credit providers give their users incentives such as frequent flier miles or gift certificates The credit card users (some individuals) are using a public good without bearing the entire cost of their actions. The costs are borne by others.
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Debit Card

A debit card is a card which physically resembles a credit card, and, like a credit card, is used as an alternative to cash when making purchases when purchases are made with a debit card, the funds are withdrawn directly from the purchaser's checking or savings account at a bank.

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Types of debit card:

1. Online debit cards: Use the same underlying technology as ATMs (Canada) 2. Offline debit cards: Carry the logotypes of, and can be used in a manner nearly identical to, major credit cards (e.g. Visa or MasterCard). The use of a debit card in this manner may have a daily limit, with the maximum limit being the amount of money on deposit. A debit card used in this manner is similar to a secured credit card.

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

From the merchant's standpoint, the merchant pays lower fees on a "debit" transaction as compared to "credit" transactions. To the consumer, a debit transaction is real-time; i.e. the money is withdrawn from their account immediately following the authorization request from the merchant.

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Ruling on debit /credit card

1. Debit card 2. Secured credit card 3. Other credit cards: - It is strictly prohibited for a Muslim/ Islamic bank to issue interest-based credit cards. - A lot of scholars are of the opinion that signing a credit card contract and using it is permissible with two conditions:
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1) That the user is keen and able to pay within the grace period The purchases made dont exceed the amount that one can pay when the bill comes/ within the grace period;

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

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Justification of permissibility

One is not signing a loan contract with interest but he is signing a contract that gives him the choice to make the interest applied or not. Consequently, if you know for sure that you can use it without incurring any interest you make the interest clause useless and it is permissible to sign such a contract and use the card.

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