The word "Riba" means excess, increase or addition, which correctly interpreted according to Shariah terminology, implies any excess compensation without due consideration (consideration does not include time value of money).
This definition of Riba is derived from the Quran and is unanimously accepted by all Islamic scholars. There are two types of Riba, identified to date by these scholars namely 'Riba An Nasiyah' and 'Riba Al Fadl'.
'Riba An Nasiyah' is defined as excess, which results from predetermined interest (sood) which a lender receives over and above the principle (Ras ul Maal)
'Riba Al Fadl' is defined as excess compensation without any consideration resulting from a sale of goods. 'Riba Al Fadl' will be covered in greater detail later.
During the dark ages, only the first form (Riba An Nasiyah) was considered to be Riba. However the Holy Prophet also classified the second form (Riba Al Fadl) as Riba.
The meaning of Riba has been clarified in the following verses of Quran:
"O those who believe, fear Allah and give up what still remains of the Riba if you are believers. But if you do not do so, then be warned of war from Allah and His Messenger. If you repent even now, you have the right of the return of your capital; neither will you do wrong nor will you be wronged." Al Baqarah 2:278-9
These verses clearly indicate that the term Riba means any excess compensation over and above the principal which is without due consideration. However, the Quran has not altogether forbidden all types of excess; as it is present in trade as well, which is permissible. The excess that has been rendered haram in Quran is a special type termed as Riba. In the dark ages, the Arabs used to accept Riba as a type of sale, which unfortunately is also being understood at the present times. Islam has categorically made a clear distinction between the excess in capital resulting from sale and excess resulting from interest. The first type of excess is permissible but the second type is forbidden and rendered Haram.
"Seized in this state they say: 'Buying and selling is but a kind of interest', even though Allah has made buying and selling lawful, and interest unlawful." Al Baqarah 2:275
The basic cause of riba is that economic activity does not involve the investor & he gives his money under control of someone else. Because of which he becomes idle & ceases to play any active role in the society. The control of a large amount of money in few hands gives rise to monopoly & power to influence all sectors of social life.
Since investor is away from actual economic activity, he has no sense of social responsibilities, & does not have active participation in social development. Easy money spoils the character. The hard working classes like labor groups, workers, employees, are left behind in development & prosperity giving rise to a gap which creates class system & social unrest.
The economic monsters thus created take control of new resources growing more powerful. Since possession of money becomes sole criteria to occupy resources. The honest & hardworking people are prevented from participation in economic activities & playing an active role. Thus, an illegal trade, killings & mafia flourish. Classification of Riba
1. The first and primary type is called Riba An Nasiyah or Riba Al Jahiliya. 2. The second type is called Riba Al Fadl, Riba An Naqd or Riba Al Bai. Since the first type was specified in the Quranic verses before the sayings of the Holy Prophet, this type was termed as Riba al Quran. However the second type was not understood by the Quranic verses alone but also had to be explained by the Holy Prophet, it is also called Riba al Hadees. Riba An Nasiyah This is the real and primary form of Riba. Since the verses of Quran have directly rendered this type of Riba as haram, it is called Riba Al Quran. Similarly since only this type was considered Riba in the dark ages, it has earned the name of Riba Al Jahiliya. Imam Abu Bakr Hassas Razi has outlined a complete and prohibiting legal definition of Riba An Nasiyah in the following words: "That kind of loan where specified repayment period and an amount in excess of capital is predetermined." One of the ahadith quoted by Ali ibn at Talib (RAA) has defined Riba An Nasiyah in similar words. The Holy Prophet said: "Every loan that draws interest is Riba." Riba An Nasiyah refers to the addition of the premium which is paid to the lender in return for his waiting as a condition for the loan and is technically the same as interest. The prohibition of Riba An Nasiyah is one of those issues which have been confirmed in the revealed laws of all Prophets (AS). According to the above definition of Riba An Nasiyah, the giving and taking of any excess amount in exchange of a loan at an agreed rate is included in interest irrespective whether at a high or low rate. It has been proven through ahadith that the Holy Prophet paid excess at the loan repayment time but since this excess was not paid through an agreed rate, it cannot be called interest. This clarifies that the word "draws" in the hadith definition" The loan that draws interest is Riba." has been used to highlight the giving and taking of excess amount through an agreed rate in the loan contract. In short, the Riba of today which is supposed to be the pivot of human economy and features in discussions on the problem of interest is nothing but this Riba, the unlawfulness of which stands proved on the authority of the seven verses of the Quran, of more than forty ahadith and of the consensus of the Muslim community. Wisdom behind the prohibition of Riba An Nasiyah First of all, we should realize that there is nothing in the entire creation of the world, which has no goodness or utility at all. But it is commonly recognized in every religion and community that things which have more benefits and less harms are called beneficial and useful. Conversely, things that cause more harm and less benefit are taken to be harmful and useless. Even the noble Quran, while declaring liquor and gambling to be haram, proclaimed that they do hold some benefits for people but the curse of sins they generate is far greater than the benefits they yield. Therefore, these cannot be called good or useful; on the contrary, taking these to be acutely harmful and destructive, it is that they be avoided. The Riba consumer suffers such a spiritual necessary and moral loss that it virtually takes away the great quality of being 'human' from him. An intelligent person who compares things in terms of their profit and loss, harm and benefit can hardly include things of casual benefit with an everlasting loss in the list of useful things. Similarly no sane and just person will say that personal and individual gain which causes loss to the whole community or group is useful. In theft and robbery for example, the gain of the gangster and the take of the thief is all too obvious but it is certainly harmful for the entire community since it ruins its peace and sense of security. Riba Al Fadl The second classification of Riba is Riba Al Fadl. Since the prohibition of this Riba has been established on Sunnah, it is also called Riba Al Hadees. Riba Al Fadl actually means that excess which is taken in exchange of specific homogenous commodities and encountered in their hand-to-hand purchase & sale as explained in the famous hadith: The Prophet said, "Sell gold in exchange of equivalent gold, sell silver in exchange of equivalent silver, sell dates in exchange of equivalent dates, sell wheat in exchange of equivalent wheat, sell salt in exchange of equivalent salt, sell barley in exchange of equivalent barley, but if a person transacts in excess, it will be usury (Riba). However, sell gold for silver anyway you please on the condition it is hand-to-hand (spot) and sell barley for date anyway you please on the condition it is hand-to-hand (spot)." This hadith enumerates 6 different commodities namely:
1) Gold 2) Silver 3) Dates 4) Wheat 5) Salt 6) Barley These six commodities can only be bought and sold in equal quantities and on spot. An unequal sale or a deferred sale of these commodities will constitute Riba. It has been declared by Islamic scholars that if a commodity bears both of the two characteristics namely; it has weight and can be used as a medium of exchange, and then the following two kinds of transactions are not allowed when the same goods are being exchanged: A deferred sale of goods (A deferred sale is when the goods are returned/or paid for after some undetermined period) A sale of unequal quantities of the same goods However, when only one of the two characteristics is present to term the sale as Riba Al Fadl, then exchange of unequal goods are allowed but deferred sale is not allowed. The only law & rule generating source is QURAN & practices of HOLY PROPHET (S.A.W) & if anyone gives precedence to any other authority, then it is disobedience to ALLAH & HOLY PROPHET (S.A.W) .this also forbids Muslims to form sects & have secretarian thoughts, because they have to work for benefit of mankind. Any dispute which arises must be resolved in a conference (IJMA-CONSISTENCY) formulating new laws in the light of QURAN & SUNNAH. Also, it is felt that MUSLIMS are suffering from time delay syndrome of concepts that a book written long time ago is surely authentic, forgetting the principles that QURAN & SUNNAH are the sole guidelines for all times. Modern scientific research is surprised to find out that not a single verse of QURAN describing nature can be proven wrong. Wisdom behind the prohibition of Riba Al Fadl The prohibition of Riba Al Fadl is intended to ensure justice and remove all forms of exploitation through 'unfair' exchanges and to close all back-doors to Riba An Nasiyah because in the Islamic Shariah, anything that serves as a means to the unlawful is also unlawful. Basically in borrowing the concept is that when you borrow you return the same as well, but if the parties mutually agree they can exchange as they like. Riba, Its Economic Rationale and Implications By Dr. Abdel-Rahman Yousri Ahmad Director General Institute of Islamic University Pakistan Introduction The word "Riba", in Arabic language, literally means an "increment' or addition". In Islamic Fiqh the term riba has a special meaning. Riba is an unjustified increment in borrowing or lending money, paid in kind or in money above the amount of loan, as a condition imposed by the lender or voluntarily by the borrower. Riba defined in this way is called in Fiqh riba al-duyun (debt usury). Riba also is an unjustified increment gained by the seller or the buyer if they exchanged goods of the same kind in different quantities. This is called "riba al-fadl" or "riba-al-buyu" (trade usury). The Prophet (p.b.u.h.) exposed to his companions, also, this form of riba known as "riba al-buyu". He warned them that barter exchange of commodities of the same kind will be leading to riba. He (p.b.u.h.) advised all traders to use money for the exchange of such goods to avoid riba. In Islamic literature this kind of riba is also described as riba al-khafi, i.e. disguised or implicit riba, in contrast to "riba al-duyun" which is considered "Jali" i.e., explicit or clear. Riba prohibition in Quran is mentioned in three distinct passages. To consider the chronological order of the Quranic revelation, Allah, firstly, gave a warning (Sura 30:39) that riba earnings will be wiped out while persons giving charity will be rewarded more than they have spent. Secondly, believers have been ordered, and warned never to take riba at compound rates (Sura 3:130). Thirdly riba in all forms was utterly condemned, and those cared not for its prohibition were threatened a holy war to be waged against them by Allah and his Messenger (Sura 2:275-279). It was made clear that riba transaction is different than trade and that it is the Will of Allah to prohibit riba irrespective of any reasons which may be given for its support. Prohibition of riba in Quran is undoubtedly quite strict and decisive. Sunna explains different forms of riba and puts more emphasis on its prohibition. The Prophet (p.b.u.h.) in his hadith warned that riba is more sinful than committing adultery repeatedly.
The "riba" system was formally introduced in Islamic countries during the 19th and 20th Centuries through two channels; (i) secular legislations which have endorsed the Western definition of usury, (ii) the modern banking system whose activities are interest based. These two channels were opened during the era of Western colonial rule to the Islamic world. Besides, the riba system has increasingly gained strength in the Islamic world because of the serious economic dependence on the Western world on one hand and secular education which neglected the teachings of Islam. Arguments "justifying" interest Affected by the changes, some Muslim scholars and jurists from the Islamic world volunteered to defend the interest system, by distinguishing interest from riba. The same controversy of ancient times and mid centuries has been repeated in the modern Islamic world. M. Dwaleeby (1950) thought that interest charged on consumption loans is definitely "usury", but that on loans taken to finance trade or production is not. Much earlier A. Jewish (1908) insisted that prohibited riba is only that which is accumulating at a compound rate. Thus simple interest is not riba. A. Sanhory (1956) an eminent Professor of Law and Fiqh emphasized the prohibition of all kinds of interest, whether simple or compound, charged on consumption loans or on production loans. Yet he recognized that the economic system prevailing in contemporary Islamic countries is not confirming with Shariah rules and Islamic ethics. Thus business finance on loss and profit sharing basis, as Islam requires, has become rare. Under such conditions it has become "most urgent" for business people to seek finance on interest basis. Sanhory emphasized that debt finance involving interest has become a matter of great urgency that it justifies a resort to "Darura" (necessity) rule in Shariah. Sanhory emphatically asserted that "Darura" to interest is not similar to "Darura" which permits eating pork or dead animals' meat. Yet the capitalist system adopted by Islamic countries, or imposed upon them from outside, and its interest-based financial institutions has created emergency conditions calling for relaxation of riba prohibition rule. Hence, he concluded that simple, but not compound, interest may be allowed till the economic system can be changed and becomes Islamic. Sharing in civil and commercial law drafting in Egypt and in other Arab countries, Sanhory accepted that interest can be charged at simple rates in the range of 4% -8%. Exactly as happened before in 16th Century Europe, "exceptions" or relaxation of usury prohibition rule led to more exceptions and further relaxations. Besides, the capitalist system and the interest-based institution have continued and become well established. Another attempt to separate interest from riba has been made by some economists in the Islamic countries who believe that interest rates are frequently less than or equal to inflationary rates. Therefore, under such conditions, interest payments may be considered as a compensation to the loss in real value of money, and not riba. This argument to the disappointment of its exponents could not defend interest if the general price level decreased, remained constant, or increased at a rate lower than the interest rate. In all these cases, which are quite possible in practice, interest will be riba according to the inflation/interest argument. This attempt to justify interest, as claimed by its exponents, relied upon Ta'weed (compensation) principle set in Fiqh by Abu Yusuf (Saheb Imam Abu Hanifa) in the 8th Century (2nd Century- Hijri Calender) in the case of fulus (cheap metal money) whose real value against gold or silver money was subject to considerable deterioration at times of "Ghala" (inflation). Yet, Abu Yusuf and his followers had never thought of inflation as a permanent case, a monetary system entirely dependent on fiat money, or that their suggested compensatory system may be used for justification of the interest system. Many Islamic economists have already recognized that the problem of entrenched inflation in many Islamic countries is severely affecting the real value of money particularly over the long run and that it calls for a solution on Shariah basis. Compensation of loss in real money value may be accepted on Shari'ah basis through an acceptable form of indexation, but never through the interest system. In fact, the real solution of the problem, as many Islamic economists suggest is to take positive steps towards a just monetary system in which interest has no place and inflation can be cured effectively. All attempts to separate interest from riba have supported the interest system which the contemporary Islamic countries came to accept under external forces a century or two ago. Yet these attempts have entirely failed to convince true Muslims all over the world. Besides, Al-Azhar' Islamic Research Academy in Egypt, The Council of Islamic Ideology (Pakistan), The Islamic Fiqh Academy of the Organization of the Islamic Conference, other Fiqh academies in the Islamic world have refused and refuted all attempts to justify interest or separate it from riba. Fiqh rules on prohibition of riba To emphasize interest or riba prohibition, reference should be made to three Fiqh rules:
a) A benefit gained from a loan is riba. A rule which is based on the ethics of Qard Al-Hassan (Benevolent or good loan) in Quran and on Hadith of the Prophet (p.b.u.h.) "the only reward for a loan is the thanks giving and the repayment". b) Which means that the capital owner has to choose either a "return" on his capital by sharing with its user in profit, or a "guarantee" to repay his capital intact. A "return" and "guarantee" on capital can not be combined together in one deal. c) Which means that the capital owner will be entitled to "Profit" only if he is ready to accept "loss" if this happened. These rules are the basis of all profit and loss sharing financing methods in Islam, and they leave no doubt that interest paid to bank depositors above their money, or interest paid by borrowers from banks for the use of banks' money is riba. The nature of the Islamic Economic Rationale Before tackling the economic rationale of riba prohibition a few remarks ought to be made. Firstly a necessary distinction should be established between an economic rationale from an Islamic point of view and a secular one. The latter depends on secular theory and empirical test. An Islamic economic rationale would not deny the importance of the secular theory if its basic assumptions or postulates confirm with Islamic Shari'ah rules and ethics. Otherwise, because the Islamic economic theory is still in its formative stage, dependence is heavily placed on theoretical arguments and hypotheses within the boundary of Islamic rules and ethics. Yet, these theoretical arguments and hypotheses cannot be tested as long as contemporary Islamic economic experience is limited. Available experience can be cited to support theoretical arguments. The second remark concerns our approach in exposing the Islamic economic rationale of riba prohibition. Interest is not the only form of riba, but it is the most popular one. Thus arguments showing the inefficiency of the interest system in fulfilling economic targets and inability to achieve socio-economic justice will be reviewed. In contrast, the expected advantages of the interest-free financing will be presented. Thirdly it should be made clear in advance that all arguments concerning the economic rationale of interest prohibition should not on Shari'ah basis be taken 'reasons' for riba prohibition. Arguments and theories may be accepted or rejected but riba will remain prohibited and condemned in Islam. Any argument, in this respect, should be viewed therefore as an attempt on our part to understand and explain the "wisdom" rather than the "reason" of riba prohibition. Economic Rationale of Riba Prohibition and Implications 1st Argument The interest system is inherently incapable of allocating available liquid funds among firms and activities in the society according to considerations of efficiency, productivity and growth. An Islamic system based on profit/loss sharing financing methods would offer, in principle, an efficient substitute. Secular economic theory claims that the interest mechanism guarantees an efficient allocation of available funds. According to the Keynesian theory every businessman would estimate the marginal efficiency of investment (MEI) while the interest rate (i) is determined by money demand and supply. If (MEI) is equal or greater than (i) it will be rewarding to borrow and finance the investment project. Otherwise the project will not be undertaken. Accordingly, available money for lending will be allocated efficiently among firms and activities.
This argument cannot be theoretically or empirically defended. Let us assume for sake of simplicity and discussion that (i) measures accurately the opportunity cost of money available for lending in the credit market, and that a uniform interest rate (i) is applied by banks (lenders) in all cases of borrowing. Hence investment projects for which (MEI) below (i) will be excluded. On the other hand all projects fulfilling the condition (MEI> i) will find excess to loanable funds without any preference given by banks (lenders) to projects with relatively higher (MEI). In a free market economy we can not claim that loanable funds would be optimally or best allocated in this way. Theoretically speaking an Islamic free-interest financial system would offer a much better substitute for allocating available funds among firms and activities. Assuming that interest-free financial institutions would aim at maximizing their "halal" (i.e. legal on shari'ah basis) revenues, a preference will be given to projects with higher (MEI) over other projects with relatively lower (MEI). Under these circumstances deviation from an optimum (or the best) pattern of funds allocation in the economy may occur because of some other factors, such as failure to estimate accurately (MEI) on the part of enterprises or lack of experience on the part of the financial institutions' managers. Yet such inefficiencies are likely to exist in a traditional interest-based financial system as well. Let us, now investigate the simple assumptions which have been made above.
a) Current or market rate of interest can not simply be taken to measure the opportunity cost of available units of money capital. The rate is not determined in practice as the theories claim by loanable funds or by money supply and demand. It is rather determined by monetary authorities which take into consideration, besides loanable funds or money supply and demand, several macroeconomic policy requirements and variables such as income and price stability, unemployment rate, public debt, and balance of payments position. Determined in this way the interest mechanism will not necessarily help in allocating loanable funds efficiently among firms or between different economic activities. Research studies, years ago, showed that (MEI) tends to increase considerably at boom and fall sharply at depression, whereas the rate of interest, due to macroeconomic policy requirements, would not be changed at all in the same manner. Hence allocation of loanable funds according to the interest mechanism would further be driven away from the optimum pattern. On the contrary in an Islamic financial system, under the same circumstances, available funds will always be distributed efficiently among investors since financiers share with them expected profit, high or low. Assuming that financiers would raise their profit share margin proportionally with expected higher future returns at boom and that they would be reluctant to extend their finance at depression because they would share in loss which is quite expected profit and loss sharing mechanism would also help in bringing about stability at the macro level. b) Investors with projects satisfying the (MEI) condition and seeking interest-based finance are not treated equally by banks (lenders) as we have simply assumed. Large corporations are given priority and better borrowing terms, irrespective of how funds will be used by them. In fact banks (lenders) are concerned, above anything else, with borrowers solvency. Hence, preferential treatments and financing priorities are set by banks on credit-worthiness basis. It should be noticed that today's bankers are not, in this respect, different from olden days or mid-centuries' usurers. Their main concern is identical, namely to take utmost precaution for loan repayment plus interest. Consequently small enterprises are either neglected or given least attention by bankers, even if their investment projects are expecting highest returns. The problem of small enterprises with the interest-based financial institutions is quite serious in the developing world, though it may be of minor importance only in developed countries. "Surveys indicate that less than I% of small firms in developing countries obtain credit at controlled rates from financial institutions; the remainder rely on the informal sector. The combined net effect is to raise their capital costs and reduce their ability to compete against large firms", according to W.B (I987). In fact failure of small businesses to obtain finance from banks have forced them quite frequently, in the absence of equity finance, to borrow from money lenders in the informal market at very high rates of interest. So they have jumped from the frying pan to the fire. A study concerning the informal credit market in Peru mentioned that interest rate in that market was as high as 800% - I000% per annum sometimes in the mid 1980s. Todaro, M., states that "commercial banking system of many LDCs restricts its activities almost exclusively to rationing scarce loan able funds to "credit-worthy" medium-and large-scale enterprises in the modern manufacturing sector. Small farmers and indigenous small scale entrepreneurs and traders in both the formal and informal manufacturing and service sectors must normally seek finance elsewhere sometimes from family members and relatives, but more typically from local moneylenders and loan sharks who charge exorbitant rates of interest. In addition, a brief note should be given on interest rate control policies because these, it may be claimed, have always exerted favourable economic effects, which is not true. In the developing world, to which Islamic countries belong, experience showed that interest rate and selective credit policies have reduced the efficiency of investment on the whole. "This is particularly true when controls on interest rates make them negative in real terms. As well as promoting investment in low return projects, interest rate controls encourage firms to build up their inventories. Furthermore, faced with the need to ration credit, banks lend to the borrowers they know well - large scale enterprises and parastatals - or even to the industrial groups that own them. In Colombia, interest rate controls reduced the funds available for smaller-scale industrial enterprises; the efficiency of investment fell as a result. Interest rate controls also keep credit cheap in relation to labour for those firms with unrestricted access to loans from the formal financial sector and thus encourage capital intensive investments in some parts of industry. These distortions ultimately affect growth."
All the facts mentioned above are quite relevant to Islamic countries which are classified, without exceptions, within the LDC category. The interest system now in application in Islamic countries (with minor exceptions, i.e. Pakistan, Iran and Sudan) against Shariah is not helping in allocating their scarce funds efficiently, among firms or between economic activities. The system is also discriminating unfavourably against small-scale firms, farmers and traders irrespective of efficiency or productivity considerations. The riba system is full of contradictions and attempts to regulate it through interest rate controls have either failed or accentuated its imperfections. On the whole, therefore, the system which is prohibited by Shariah, is adversely affecting economic development in the Islamic countries. On the contrary a financial system based on profit and loss sharing offers a much better alternative to Islamic countries since it is expected to be free of all the imperfections of the riba system.
2nd Argument:
The interest system brings about and effectively maintains a pattern of income distribution which is biased towards wealthy people and large businesses, irrespective of rational economic considerations. An Islamic interest-free financial system supports a just income distribution pattern fairly correlated to economic efficiency, productivity and actual factors contributions to the total value added. This argument is directly dependent on preferential treatment given by interest-based financial institutions, mainly commercial banks, to wealthy persons and large enterprises because they are credit- worthy. Medium-scale enterprises are not deprived of finance from banks but they may not obtain all their requirements always while they are usually charged with relatively higher interest rates. Small-scale economic activities in all economic sectors are discriminated against, as mentioned previously. In quite a few number of developing countries, however, governments provide for special arrangements to cover a higher portion of small activities financial requirements through banks. Yet even then, credit ceilings are usually imposed strictly upon the small share of finance allotted to small activities, whereas cumbersome formalities and heavy guarantees are demanded from their owners. Thus the interest system will effectively help large enterprises to grow larger and rich entrepreneurs to grow richer irrespective of their economic efficiency or productivity. On the other hand small entrepreneurs even with bright new ideas, carefully studied projects with prospects of high returns and possible positive contribution to the total value added will be deprived of finance or may obtain much less than their requirements. Hence they have much less chance to grow their activities and their incomes. It should be noticed that this problem is particularly serious in most developing countries, where small-scale activities employ the largest portion of the total labour force, while its share in GDP is much less than medium and large-scale businesses. An Islamic interest-free financial system would not cause the same disturbances. "Mudaraba", first and foremost in Islamic finance, is based on personal confidence of the capital owner in his partner, the agent manager; in his efficiency, dedication to work and honest character. Thus economic and managerial considerations are taken into account where as trust-worthiness replaces credit-worthiness. Profit, when realised, will be divided between the capital owner and his partner, the agent manager according to a mutually agreed proportions while all loss, if happened, is born by the capital owner. It should be noticed that the agent manager also suffers, in the last case, from the loss of all his efforts, as these will be rewarded nothing. Musharaka, another principal financing method, flexibly allows for large and small capital owners to come together in various forms of companies. Partners will divide realised profits among them according to agreed proportions, fixed in advance in the company's contract. Fiqh rules allow small partners to obtain the same percentage share in realised profits as large partners, or even more, according to efficiency, experience or managerial efforts considerations. On the other hand loss, if happened, will be born by all partners according to their shares in the company's total capital. Economic justice is carefully protected and maintained between partners in Musharaka. All other Islamic financing methods are of the same nature, i.e., based on partnership and profit/loss sharing principles. Some of these methods namely Istisnaa Muazrah and Murabaha can be used effectively to solve the financial problems faced by small- scale entrepreneurs, farmers and traders in particular. To conclude, the Islamic financing methods would undoubtedly help in supporting a just income distribution pattern. These methods endorse partnership and profit/loss sharing principles, they do not discriminate against partners who do not share in finance or contribute only with a small share, and they facilitate the extension of finance to small-scale activities, on the basis of confidence in their efficiency and expected returns. However, it should be expected that the application of the Islamic financing methods will be faced with many problems at the beginning as actually has happened. 3rd Argument The interest system encourages passive behaviour to develop among people having liquid funds by helping them to relinquish responsibilities and risks in investment activities. In contrast sharing in responsibilities and risks is inherent in the profit/loss sharing methods of finance. No doubt that the interest system relieves money capital owners from holding any responsibilities and risks related to the execution or to the final outcome of the investment activities financed by them. It is claimed by the interest system's exponents that this is one of its merits since easy and risk less income is guaranteed to the capital owners periodically. It is also claimed that entrepreneurs within this system are willingly accepting its terms and satisfied that the financiers do not intervene in their business. Interest paid by the entrepreneurs is included in costs and thus transferred to purchasers through sales, while net profit once realised is totally their own.
Yet, such system is viewed quite differently on ethical and social grounds. Money capital owners are encouraged to develop a passive behaviour in the production sector. On the other hand entrepreneurs financed by loans and paying interest are not really doing this with comfort whether at boom when interest rates are relatively high and the uncalculated risk is greater than normal or at recession when interest rates are relatively low but loss expectations are greater than normal. If profits are not actualised they, along, will face the consequences and may be subject to bankruptcy. Ethically, this is a kind of gambling rather than risk-taking based on rational calculations. Therefore, within the interest system, options of self finance, equity or a mixture of equity and debt finance may be preferred by enterprises than purely debt finance. The growth of the interest-based finance in any society whether through the banking system or by selling bonds in capital markets will directly be reflected in growth of passive behaviour among society members. Individuals who receive guaranteed interest paid to them periodically without bearing any responsibilities or risk can not be considered but inactive society members. As well as, their passive behaviour is emphasised by the full option, given by the banking system, to restore their funds at any time. Those inactive individuals are considered sleeping partners in secular literature and it is estimated that the growth of their members in any society would endanger economic growth. It goes without saying that partnership based on profit/loss sharing mechanism would help in getting rid of passive individualistic behaviour. The Islamic modes of finance help directly in promoting responsibility and risk-taking morals and motivations, which are quite essential for economic growth. The economic rational of the interest-free finance is quite clear here, i.e. providers and users of finance will be sharing together in all the responsibilities and risks involved in the investment activities from A to Z. All partners are actually active in the Islamic system. Islamic ethics motivate people to exchange opinions, advice, share positively in production. All these ethics are basic for rational behaviour and good deeds. At the same time the sharing ethics will always provide a support for brotherhood and co-operation among members of the Islamic society. 4th Argument Prohibition of interest would not affect savings, as well as it would not affect their mobilisation provided that Islamic ethics are prevailing, and the application of various interest-free financing methods is conducted successfully by specialised Islamic institutions. Classical and Neo-classical economists have held that national saving is positively related to the rate of interest (S=f(i)). The Keynesian theory refuted this proposition and showed that saving is a function of income. Practical evidences confirm the Keynesian proposition to a great extent. High income groups, in comparison to low or middle income, are more capable of saving in any society. High income economies, in comparison to low and middle income at the world level, save higher proportions of their incomes. However attempts to defend "interest' as a prime mover of saving continued but on new basis. "Real" rather than "nominal" interest is given much attention by secular economists in this respect. Literature concerning these attempts for developed and developing countries can not be surveyed here. Yet since Islamic countries belong to the developing world our attention will be given to empirical studies testing the responsiveness of savings to real interest within this scope. G. Arrieta (1988) reviewing several empirical research studies showed that saving responsiveness to real interest could not be confirmed in five out of nine studies and still requires further enquiries. The results of secular empirical researchers should be treated with care by Islamic economists. Conclusions which are unfavourable to the interest system would strengthen the economic argument against it but they should not intervene with "belief' concerning riba prohibition in Islam. Also there are cases in developing countries where empirical studies indicate that real interest rates played a positive role in mobilising saving resources. These studies would strengthen the secular view which is supporting the interest system, but they are irrelevant to the Islamic economic rationale concerning riba prohibition. In fact the interest mechanism may play a significant role in mobilising saving resources if its prerequisites are well satisfied. These prerequisites are mainly; favourable secular laws and values to interest, active interest-based financial institutions, and savers' willingness to obtain guaranteed and regular returns on their funds. Concerning the Islamic countries we have to be careful, therefore, before drawing any conclusion with respect to the responsiveness of savings to interest rates (nominal or real). Secular laws prevailing at present in these countries are favourable to the interest system, with exceptions in three cases only. Commercial banks were established in most of the Islamic countries during the Western colonial rule and succeeded in developing their financial activities gradually. A portion of the Muslim population have become accustomed to deposit savings in commercial banks in return for guaranteed regular interest (income). Most of those who developed these anti- Islamic behaviour have been affected by the western life-style and secular values. Some of them would assert that they deposit their savings in commercial banks only because they have no other alternative to "protect" their funds or to "invest" them. Besides, governments, large and medium scale businesses in the modern manufacturing, trade and services sectors deposit their savings in commercial banks. On the other hand a large section of population in the Islamic countries is still against interest transactions. It is important to note that this section has not been affected by modern attempts to justify interest. And that it is consisting mainly of low and middle income households, small-scale farmers, traders and manufacturers. Yet, the petite savings of all those are not given any, of proper, attention by commercial banks. Conclusion Under all these circumstances it will not be unexpected that interest-based financial policies would be in some cases, successful in savings mobilisation. However many of the above mentioned factors are bound to change once 'efficient' Islamic interest-free financial institutions are established. Not only petite savings will be mobilised by these Islamic institutions but also the savings of all those who say that they have no alternative to commercial banks at present. In fact, a revival of Islamic Shariah and ethics would settle the matter decisively against the interest- based system and its ability to mobilise Muslims, savings. But before realising this precious target, it is very important that the ability of any new Islamic financial institution to effectively mobilise saving resources would mainly depend on efficient practice of interest-free financing methods, success in achieving highest possible "halal" returns and thus gaining the confidence of the savers to invest their funds through them. Definition, Function and Role of Commercial Banks in the Economy Banking experts in developed countries defines a commercial bank as a profit-oriented financial institution. To obtain the profit of commercial banks perform the inter mediation function. Because permitted raise funds in the form of deposits, commercial banks also called depository financial institutions. Based on its ability to create money (demand deposits), commercial banks may also be known as the creator of a commercial bank demand deposits.
The definition of commercial banks according to Law No. 10 of 1998:"Commercial Bank is a bank conducting business based on conventional or I slamic principles in its activities to provide services in payment traffic."
The functions of commercial banks which are described below shows how important the presence of commercial banks in modern economies, namely:
1. Creation of money. Money is created by commercial banks demand deposits, namely the means of payment via transfer mechanism (clearing). The ability to create demand deposits of commercial banks led possisi and function in the implementation of monetary policy.The central bank can reduce or increase the money supply by affecting the ability of commercial banks to create demand deposits.
2. Smooth Support Payments Mechanism. Other functions of commercial banks are also very important is to support fluency payment mechanism. This is possible because one of the services offered by commercial banks are the services associated with payment mechanisms.Some services are very well known is the clearing, transfer money, deposit receipt, deposit, gift with cash payment facilities, credit, payment facilities are simple and convenient, such as plastic cards and electronic payment systems.
3. Community Savings Deposits Funds collected by the bank's most common is the deposit of funds. In Indonesia, the fund consists of demand deposits, time deposits, certificates of deposit, savings and / or any other form that can be equivalent. The ability of commercial banks raise funds is much greater than other financial institutions. Deposit funds collected will be distributed to parties in need, primarily through credit.
4. Supports Smooth International Transaction Commercial banks also are needed to facilitate and / or facilitate international transactions, both transactions of goods / services and capital transactions. The difficulties of transactions between two parties of different countries always arise because of differences in geography, distance, culture and the monetary system of each country. The presence of commercial banks operating on an international scale will facilitate the settlement of such transactions. With the commercial banks, the interests of the parties who conduct international transactions can be handled more easily, quickly and cheaply.
5. Storage of Valuable Goods storage of valuable goods is one of the earliest of the services offered by commercial banks. Communities can store valuables such as jewelry owned, money, and diplomas in the boxes provided by the bank intentionally for rent (safety box or safe deposit box). The rapid economic development caused banks to expand services by storing the security or securities.
.6. Provision of Other Services In Indonesia, providing other services by commercial banks are also more numerous and widespread. Currently, we have to pay electricity, phone buying mobile phone bills, send money via atm, paying employee salaries using bank services.These services very easy and gives a sense of security and comfort to those who use it. Islamic Economy: Its Ideological and Legal Foundations Every system, intending to achieve certain goals, must be designed in a realistic manner. Therefore, if the system is supposed to be implemented in order to serve human life, particularly in the long-run, it must serve man's goals and be consistent with his fitrah (primordial nature). This is not possible unless the designer of the system has a command over the knowledge necessary for understanding social and individual aspects of man. Besides, the designer should have a thorough understanding of actual relations between those two aspects of man and the primordial nature of man as well. In addition to those prerequisites, the designer should understand the historical trends of such a relationship, the needs for the development of such relationships and methods for pursuing those needs in order to realize an evolutionary, human approach toward actualizing the goals of the creation of man. Indeed, the way the aforesaid satisfaction of needs is to be carried out should not overlap other systems which are meant for satisfying other needs of man. In other words, such a system should observe a wise balance and study the role and interrelationship of other systems which together comprise the whole system of life. If we assume that the designer of the system possesses all those necessary prerequisites, we should assess subsequent stages in the process of achieving the desirable realism which is necessary for a system to be able to provide a proper context for itself. By this we mean the extent to which this system is compatible with the norms and values of the society (where the system is to be implemented), the extent of consistence between those norms and values and the emotional values presented by the system, and finally the extent to which this system assures the realization of a desirable education to create social obedience for those ideological views and emotional values. Although the system may be realistic, accurate, and rational in perceiving the reality and understanding its needs and their satisfaction, it will remain incapable if it is not preceded by an ideological impetus which supplies the society with bases for the stance that it should take toward the universe, the life, and the man itself. Consequently, the ideological impetus will guarantee the system the element of iman [faith] rescue it from the most important civilizational maladies including ilhad [atheism], which is the opposite of iman, and shirk[polytheism], which signifies the excessive belief in false gods, and shakk[doubt], which is a manner resembling other destructive attitudes. Unless these requirements are realized, we cannot assure the provision of the first contextual element for the system's implementation. Similarly, as long as the emotional motivations, which are the focus of education, are not perfectly compatible and harmonious with the ideological structure of the society, we cannot guarantee balance in man's personality when there is a wide gap between his beliefs and the internal and external values and motivations that the system provides in order to satisfy his needs. Moreover, these emotional motivations cannot form human behavior and action unless they are strong and clearly defined. So far, we have realized the necessity of two factors for every system intending to materialize its human goals: first, the planner's holistic approach towards human reality, including his relations and needs as well as their fulfillment concomitant with the rest of the system; second, facilitating its implementation through faith and compatible emotional motivations. Realism, in turn, requires the following two fundamental factors: first, the system should contain legal guarantees binding all those who oppose the harmonious human nature or those few who have not chosen the completeiman or the full commitment to the requirements of iman; second, it has a perfect flexibility to accommodate the temporal and spatial variations in human life and provides fixed solutions for fixed elements of human life and flexible ones for the accommodation of its alterable elements. We believe that Islam was correct in announcing its rule in the form of general rules. Thus, it did not ignore any one of those aspects, but observed them perfectly and completed the religion which provides appropriate answers to man's needs till the Day of Judgment. Accordingly, it announces that the whole Islamic system is based on reality and nature and that it is the fixed truth aiming at serving human beings and accomplishing the purpose of his creation. Thus, it enjoins whatever is desirable and forbids whatever is refused by the nature. God, the Exalted, says: Then set your face upright for religion in the right state, the nature made by Allah in which He has made men. There is no alteration in Allah's creation. That is the right religion but most people do not know. (30:30) Say: O people! Indeed there has come to you the truth from your Lord ... (10:108) O you who believe! Answer (the call of) Allah and the Apostle when he calls you to that which gives you life, and know that Allah intervenes between man and his heart, and that to Him you shall be gathered. (8:24) Those who follow the Apostle Prophet, who was taught neither to read nor to write, whom they find written down with them in the Tawrah and the Injil [Old and New Testaments], (who) enjoins them to do good and forbids them from doing evil, and makes the pure and good things halal [lawful] for them and makes impure and harmful things haram [prohibited] for them, and remove from them their burden and the shackles which were upon them. So (as for) those who believe in him and support him and help him and follow the light which was sent down with him, they are indeed the saved. (7:157) The proof of this argument is the same one that proves its attribution to the Great Creator as it proves for this Creator all attributes of knowledge about all facts and full, absolute control over the formation of shari`ah (the comprehensive body of Islamic rules), and perfect kindness to the servants and other attributes which are not imaginable for any body other than Him the Exalted. We are not to present any reasoning for this but only point to the Holy Qur'an's emphasis on this fact in all occasions when it points to Allah's kindness and knowledge: Does He not know Who He created? He it is Who made the earth smooth for you, therefore go about in the spacious sides thereof, and eat of His sustenance, and to Him is the return after death. (67:14-15) Say: Allah suffices as a witness between me and you. Surely He is Aware of His servants, Seeing. And whomsoever Allah guides, is the follower of the right way, and whomsoever He causes to err, you shall not find for him guardians besides Him. And We will gather them together on the day of resurrection on their faces, blind and dumb and deaf. Their abode is hell, whenever it becomes allayed We will add to their burning. (17:96-97) After this introduction, we try to discuss several points pertaining to the core of the discussion with emphasis on the following subjects: 1. Major attributes of the Islamic economy, their natural character, and Islam's emphasis on them. 2. The proper grounds Islam prepares for its economic system. 3. Relationship between this system and other systems. 4. Flexibility of the Islamic economic system. Salient Features of the Islamic Economy When we study the Islamic economy as a way which Islam prescribes for individual and social behavior in the economic field and examine Islam's rules in this area, we can conclude that its most important attribute is social justice. In this respect, the Islamic economy resembles all other systems that claim to be serving human being and realizing his social aspirations but it differs from them in the details of its conception of social justice. Justice cannot emerge unless the following requirements are present: first, believing in the private and social property on an equal and advanced level in a way that the private property acts on the fulfillment of man's natural demands for possessing the result of his effort and obtaining the benefits of his business. While the public property aims at guaranteeing that social action enjoys a social product through which the provision of some needs and shortages would become possible. Second, faith in individual economic freedom as a general, continuous, comprehensive principle which stems from the nature of the ownership along with the belief in the existence of some limits at which this freedom ends. This is for the purpose of either guaranteeing individual's interest as in the case of objects the use of which was outlawed because of the physical or moral damage that they could inflict upon the individual, or to secure others' rights and liberties which is also a natural guarantee admitted by all religions and human affiliations. Third, faith in the principle of mutual responsibility. Islam guarantees, for every individual in the Islamic society, the subsistence level, i.e., provision of his natural needs. The government is obliged to provide this minimum for all and it is absolutely impermissible that even a single needy person is found in the Islamic society. Regarding how to make the society economically capable of doing this, the following factors may be mentioned: Obliging individuals to accomplish their responsibilities and duties with respect to the provision of the necessary needs of others. Since one of government's responsibilities is to compel individuals to perform their obligations, even those which are individual, it may bind individuals to carry out these duties as well. The legal power of waliy al-amr [head of the Islamic government] to determine the limits of public domain (saddu mantaqat al-mubahat) through legislation supplies the government with the desirable power. Public properties and anfal [properties with no particular owner/s] which are designated by the government as public properties which the government oversees and uses to achieve the above goal. Financial punishments and methods that are devised by Islam to transfer private properties to the public ownership as with respect to mawqufat[endowments] or the lands the inhabitants of which perished or the dead without heirs and so forth. Nature of the Islamic legislation--as Shahid al-Sadr (r) put it--which aims at strengthening the social structure for the realization of this mutual responsibility. Fourth, belief in the principle of social balance and refusal of the class system in the Islamic society. We came to know through the third point that the required minimum is to provide subsistence for all individuals. As far as the maximum is concerned, it may be assumed through the following factors: 1. The prohibition of tabdhir and israf [wasting and squandering] in all areas, therefore, an individual cannot possibly trespass to the line of israf. 2. The prohibition of every action that leads to misuse of particular properties, and of lahw [amusement] and mujun [impudence]. 3. Rejection of all social and economic privileges which discriminate between different groups of people which, in turn, eliminates all the grounds for the emergence of the class system. If we go back and scrutinize all of these features and expose them to human nature and conscience we will find them principles that may be admitted in a natural way. This explains the return of each of the two extremist systems of capitalism and socialism to a moderate position after its collision with opposing natural factors--as we believe. The natural basis of these views is evidently emphasized by general regulatory and conceptual authoritative texts (nusus) that are numerous and to some of which we point here: There are nusus that stress the inherence character of private and public property: The Exalted says: And the man shall gain nothing but what he strives for. (53:39) (naturally if we interpret it as including worldly possession). Amir al-mu'minin (`a) says: This property is indeed neither mine nor yours but it is a collective property of the Muslims ... what is earned by their hands does not belong to any mouths other than theirs.1 There are some nusus that emphasize the economic freedom in a natural form the clearest of which is the rule on which all fuqaha' [Islamic scholars] rely, namely the rule (Al-nasu musallatuna `ala amwalihim [people are in control of their properties]). Naturally, there are some limits to this freedom which are mentioned by other nusus stressing that this restriction is only for the benefit of the individual and the society. There are some nusus that emphasize the inherence of mutual responsibility and cooperation and further consider all kinds of negligence with respect to this principle as a general rejection of din [faith and religion]. The Exalted says: Have you seen the person who rejects the religion? He is the one who treats the orphan with harshness, and does not urge (others) to feed the poor. (107:1-3) Finally, there are some nusus that stress the necessity for the realization of balance in the society through their emphasis on the prohibition of israf and also the necessity of renouncing poverty and providing subsistence for every individual. The Imam (`a) says, while speaking of the duties of thewaliy al-amr [leader] toward the needy: He keeps giving him from zakah till he makes him needless. The Proper Grounds Which Islam Prepares for Its Economic System In this regard, the analyst can find in front of him a huge wealth of noblenusus that emphasize various concepts and numerous rules and fixed historical laws and that all serve the cause of Islamic economy and participate, in a natural way, in the realization of its far-reaching goals. We mention below a number of these issues: A. The Real ownership belongs to Allah, the Exalted This principle is the most important tenet that forms man's image as it leaves its visible marks on the economic behavior of Muslim individual. Ownership belongs only to the Unpaired, Almighty Allah and He the Exalted bestowed an assumed, legal ownership upon the human being so that it distributes the properties among its individuals and exercises this ownership according to the purposes that Allah chose for the benefit of humanity. This notion has great influence on the exclusion of negative effects on ownership in its absolute capitalistic form. B. The purpose is to reclaim the land through a joint, human effort and responsibility In this way, the man believes that the human effort from the beginning to the end is one and that the important goal is to make the humanity subservient before God, establish the worshipping society and prepare the grounds for it through making the earth inhabitable, extract the greatest benefits from it to the advantage of all through performing the duties arising from the joint responsibility. Diversion from this is diversion from the purpose. C. Ethical concepts in the service of economic cause Islamic nusus are full of a magnificent ethical plan which leads to its contribution to this economic system and to the realization of its goals. Most of the riwayat [traditions], on one hand, encourage in the human being the spirit of cooperation, responsibility, Islamic fraternity, ithar [self- sacrifice],zuhd [piety], and compassion for the miseries and aspirations of others. On the other hand, they drive away from the human being such vices as stinginess, greed, exclusivism, transgressing the rights of others, opportunism, avarice, and envy. Imam Sadiq (`a) counted all good manners as the troopers of `aql [wisdom] and all vicious attributes as the troopers of jahl [ignorance]. We can neither mention all of the riwayat in this regard nor touch on their educational details, therefore, only point to this particular fact that the Islamic ethics and educational system augment in human being the spirit of generosity before they emphasize the economic freedom and the possibility of using it to his own particular benefits. The story of Qarun [Korah] is well-known for its focus on this ethical principle: And seek by means of what Allah has given to you the otherworld's abode and do not neglect your share of this world ... (28:77) This story and this principle is a multifaceted Islamic creed which, if prevails in the society, will provide the greatest grounds for the implementation of the desirable economic system. D. Al-infaq al-mustahabb [commendable spending for a divine cause] and the extended life Here, a wonderful aspect of the solution to the problem of conflict between the inherent motivations for serving one's self and the motivations for serving the society is manifested. According to this notion, one begins with the prolongation of his own life and ends up with a level of eternity in the hereafter. He finds out that self-interest and social interest are integrated; a notion that encourages him to make continuous infaq which does not ever run out of its driving forces according to the principle which says whoever establishes a favorable habit he will be rewarded both for it and for the action of whoever follows it. And here we would like to remind emphatically the extended effect of waqfsince, as the result of these motivations, the private property is transferred to the public ownership and man's permanent exploitation of his property is realized. E. Shukr al-ni`mah [gratitude for a blessing] means to make the best use of the wealth and avoiding its waste The major problem in the global economic domain does not lie in the weakness of growth rates of natural resources and their failure to keep up with the population growth rate but it lies in the failure to make ideal use of natural resources or, as the nusus put it, in kufran al-ni`mah [ingratitude for the blessing] and squandering the natural, mineral and animal resources and so forth: And He gave you of whatever you asked Him for and if you count Allah's blessings you will not (possibly) obtain their number. Man is indeed very unjust, very ungrateful. ... (14:34) And it is a kind of shukr al-ni`mah to make ideal use of he labor force and to avoid wasting it. For this reason, the nusus emphasize the continuous work and even declare it obligatory for those who are able. F. Relationship between moralities and material pursuits at the civilizational level There is an amazing civilizational fact that nobody can perceive it except those who believe in the ghayb [the metaphysical world] and its various aspects. The Holy Qur`an stresses that zulm [injustice] leads to halak[annihilation] (Thus, because of their injustice We destroyed them) and that'adl [justice] and du`a' [praying] and shukr [gratitude] leads, in a lawful way, to rakha' [comfort] Ask for your Lord's forgiveness, surely He is the most Forgiving. He will send down the cloud upon you pouring down abundance of rain. And help you with properties and sons, and make for you gardens and make for you rivers. (71:10-12). This fact arouses, in hearts, a great hope in the future, even the material future, and opens the way for a social and economic dynamism. Add to what was mentioned above other major factors that contributes to this background. Strong Connection with Other Systems It is evident in all systems devised by Islam that they are put forward as parts of a larger system which includes, in general, the whole universe. These systems are in strong and close interconnection in such a manner that none of them can achieve its desired goal without the implementation of other systems (and naturally, we do not claim here that the obligation to set up the system hinges on the establishment of other systems but what we emphasize is the issue of system's achievement of all of its desired goals.) In this regard the following points should be made: A. Certain areas of the social system are reserved to be filled by the waliy al-amr (or by some one appointed by him) due to his ijtihad [ability to extract Islamic rule whenever needed] and determination of the nature of the prevailing situations and ummah's interest. This is what we observe, for example, in economic, legal, and penal systems and in the institutions ofwaqf [endowment], mu`amalat [transactions], irth [inheritance], and so forth. This fact indicates the complete connection between these institutions and the ruling political system. B. The economic system is strongly related to the system of `ibadat[worshippings]. This is the issue which is sometimes presented as the companionship of the prayers and zakah in tens of Qur'anic cases. Zakahand khums are two financial `ibadahs. Financial kaffarat [expiations] are, in fact, also a huge economic participation by `ibadat system in the service of public economic interest. It should not be ignored that some `ibadahs like sawm [fasting] and hajjprovide the elements of economic grounds, to which we clearly pointed. There are certain `ibadahs that strongly contribute to the public ownership such as waqf, if we require niyyat al-qurbah [proximity intention] in it. C. The economic system and its goals and pecularities naturally have a strong connection with the system of mu`amalat [transactions] which is designed in such a manner to provide the proper environment for the realization of mutual responsibility, balance, and dual ownership, emphasize the labor element, and prohibits riba [usury], 'akl al-mali bi al-batil [financial misappropriation], harmful acts, lahw [debauchery], and wasting of the wealth. D. There is a considerable linkage between the economic system and the system of jihad [military defense] in Islam for the latter system involves, in addition to combative rules and methods, implications for ownership, war spoils, and so forth. E. Undoubtedly, the economic system is also related to the social system including the form of society's principle cell, i.e. the family, and also the social relations among the families, and individual's relations with the society. All of these are predominated by social Islamic rules including mutual responsibility and balance, which form the most important characteristics in the economy as we mentioned frequently. This argument also involves the rules regarding mahrs [dowries], nafaqahs[allowances], various methods of division of labor, and such issues as irth[inheritance], wasiiyyahs [bequests], and the rulings with regard to children,qada' [adjudication], financial ta`zirs [discretionary punishments] and other varieties of financial punishments, and others which may not be all discussed in this limited space. G. Touching on these relations, the late Ayatullah al-Sadr points to another aspect of the issue, namely the relationship between government's economic doctrine and its financial policy which is, in fact, a part of government's planning for enforcement of the laws of Islamic economy, thus, it is a part of the economy itself. H. We already pointed to the link between Islam's economic system and its ethical system which makes the latter one of the major preludes and the motivating element for the ummah in the way of implementing the economic system and realizing its goals to such an extent that it becomes hard to distinguish between the two systems. Here I would like to point, as a diversion from the main course of discussion, to the fact that Islam addresses the whole life in general and devises for it the best system which guides toward the goal in a deliberate manner and based on principles of justice and equity. Whereas we find the positivist world today floundering in the establishment of a desirable system for the protection of human dignity, distribution of responsibilities, and realization of rights. Therefore, social systems collapse, one after another, and admit their defeat while Islam remains a straight religion without any deviation. As an example for this argument, we focus on the slogan which the positivist world spouts through giving it a widespread global character and which has recently altered to a sweeping emotional wave, namely the slogan of equality of women and men in all situations, periods, and places, and with respect to all rights without any exceptions whatever it would be. We have been finding this slogan tens of times in the documents presented in the conferences of Mexico City, Bucharest, Cairo, and recently in a strong and explicit form, in the Beijing Conference on Woman. We see the document produced by this conference concentrating, specifically, on the issues of inheritance, absolute material equality, judgeship, and the so called sexual freedom rights for all ages and so forth. We consider this slogan as a blind assertion although it has an attractive appearance since equality is one of the principles favorable to the human taste concerning two individuals whose rights are equal in terms of their human dignity and affiliation, i.e. the man and the woman. But this principle is not too general to have exceptions. This is due to the natural differences between man's and woman's physical and emotional structures, nature of the social responsibility which is to be carried out by each, and the extent of participation by each in the social construction including the establishment of social justice. Hence, we may not call out the slogan of quantitative equality without considering the desired balance otherwise we will commit, through this equality, injustice and unfairness. When the principles of equality and social justice are in conflict, one may ask to which one the priority goes? Undoubtedly, the principle of justice is the one which common-sense testifies to its generality and insusceptibility to exception, therefore, social justice qualifies the principle of equality and even determines its socially desired form. We feel great regret on the blind, sweeping, global wave that has been put forward thoughtlessly and that criticizes against the Islamic inheritance system pretending to ignore that it is part of a whole and that there is a wonderful balance between this system and the nafaqah [allowance] system and the duties of each of the man and the woman in the social life. The Flexibility of Islamic Economic System This subject is, in general, related to the flexible character of Islamic rules but we will show it from the economic angle. Briefly, Islam supplied this system with all necessary elements which enable it to accommodate the vital changes which occur frequently and rapidly in the economic field. The reason is that economy is a field related to the complexities of man's social life as well as to nature's ability to provide, and the proper environmental conditions, and so on. Therefore, with respect to land distribution and ownership, there is a great difference between the situation of land's perfect abundance and man's insufficient physical power and the situation of scarcity and increasing shortage resulted from human growth rates on one hand, and man's immense technological power to reclaim the land. This difference may affect the issues of hiyazah [occupancy] -which is considered as an ownership factor-, social development, mines' ownership, vertical ownership -both in depth and in altitude-, energy's ownership, etc. This difference may also influence the issue of alteration of the nature and effects of property relationship leading mujtahids [jurists] to keep aloof from the issue of absolute ownership of land and suggest the subject of haqq al-ikhtisas [exclusivity right] which results from the impact made by the individual on the land, thus when the impact ceases to exist the right will expire and returns to the public domain which can be used by the Islamic state according to the public interest. Therefore, existence of the element of ijtihad and its constant openness represents one of flexibility elements without which one cannot know the developments' effects on the nature of the rule deduced form the nusus. The fact that Islam put forward certain broad economic rules and related them to the `urf [prevailing standards of conduct] concept has a special connotation for notions like israf and tabdhir [wasting and squandering], faqrand ghina [poverty and needlessness], al-nafaqat al-muta`arifah [customary allowance], al-manfa`at al-muhallalah [lawful profit], ma`un [basic need], riba[usury], mithliyyah and qimiyyah [fungibility and being ad valorem], circulation and depression of cash currencies, daman [liability], individual and social damage, haraj [impediment], darurah [urgency], al- maslahat al-`ulya [the higher expediency], being asbaq [preceding] in waqf, being `aqdiy[contractual], being bay`iy [exchange], trade through taradi [mutual agreement], being qimariy [gamble], lahw, and even `adalah [justice], zulm[injustice], ta`addi [transgression], and akl al-mal bi al-batil [misappropriation of property]. Thus, `urf intervenes when these concepts change, often due to change in conditions, and consequently, as a result of change in the `urfi[commonplace] view of the subject the judgment also changes as we saw in the issue of shatranj [chess] for example. However, the most important element on which the Islamic system concentrates is the element of intervention by the mujtahid, just waliy al-amrin the economic life. This intervention has its own criteria, rules, and what the late al-Sadr calls the penetrating beams that illuminate Islam's positions and give it the spirit of the system and its promising goals.2 In such a system, the waliy has the obligation to take advantage of his social power and true commitment to Islam and the Islamic expediency of theummah and, through consultation with the masters of knowledge and expertise, carry out his duties which can be summarized as the following: 1. Identification of the best methods and executive arrangements for the enforcement of the fixed rules of Allah, e.g. looking for the best way to eliminate riba in the society while preserving the positive activities performed by the banks. 2. Filling the public domain with laws in accordance with the supreme Islamic expediency while preserving, as much as possible, the primary rule regarding the various cases. 3. Determining the extent to which the conditions are favorable for the enforcement of Islamic rules and institutions. Therefore, if the faqih finds the conditions and the rules in such a serious incompatibility that is called by the scholars of usul as tazahum [conflict], namely tazahum between the wujub[obligatoriness] of implementing the hukm [ruling] and the prohibition of resulting evil consequences, he must produce the best possible solution to facilitate the implementation of the hukm while compensating its mafsadahs[damaging results]. If this appears to be impossible he should shift to the area of tarjih bi al-ahammiyah [preference based on priority] which is a vast area that follows the opinions of experts and mujtahids. The situation may reach to a point that due to the priority of preventing the mafsadah caused by it, the implementation of a certain hukm is suspended. This area is an accurate and a delicate one which is not to be resorted to except in rare situations. Conclusions Based on what was discussed above we can briefly highlight the following practical conclusions: First, we repeatedly see or hear those who suggest the idea of cross-combination of ideology and system which signifies the establishment of a socialist or a capitalist economic system in an Islamic environment or the implementation of Islamic institutions in secular social structures. When these combinationists do not achieve desirable results from their efforts they tend to ignore the contradiction between the system and its implementation context and place the blame on the system itself. We may mention two experiences as examples here: 1) the experience of establishing socialist systems in our Islamic world and their quick failure as in Algeria -- during Houari Boumedienne's presidency -- and Libya. 2) the experiment of setting up al-qard al-hasan [interest-free loan] funds under secular systems where it was struck with unsatisfactory results that encouraged the opponents to attack the resulting situation as cacophony and accusing the planners of neglecting the absence of favorable conditions. Second, If we wish to achieve good results in our Islamic community, we must provide the desirable grounds through deepening the faith in Allah and disseminating the elevated Islamic ethics, explicate the Islamic concepts related to economics and convey them to the public, and strive to mobilize the feelings and sensations and give them a desirable Islamic shape. As long as we do not accomplish this task we should not expect ideal results. In this regard, I would like to draw your attention to some advertising tactics employed by the banks which concentrate on the profits generated by the money deposited in al-qard al-hasan funds and on prizes that it may bring for the depositors without ever referring to the great reward which ensues whenever they participate in the revitalization of the public economy and server the society through their bank activities and deposits and without mentioning the noble ayat and ahadith which call for such deeds. Third, we propose that Islamic banks form a fiqhi committee consisting of prominent scholars, and further, that the mujtahids in al-hawzat al-`ilmiyyah(Islamic theological schools) undertake a study about the legitimacy and plausibility of the proposed economic, financial, and banking systems from the viewpoint of Islamic laws and constantly express their opinions concerning new forms for such systems. Bay` al-salam [forward sale], and bay` al-salam al-mumathil [fungible forward sale], bay` al- istisna' [manufactural sale], tawrid [mutual forward] contracts,murabahah [resale with stated profit] contracts, and so on are examples of economic institutions that provide banks with more alternatives for economic activities. This is what the late Shahid al-Sadr proposed a quarter of a century ago through his famous proposal known as riba-free banking and what I put forward as the draft law for the prohibition of riba in the Islamic Republic of Iran. Ijtihad is indeed a source of blessing and Islamic rules are overflowing reserves that can undoubtedly help us to safeguard the Islamic character and spirit and overcome the difficulties caused by the developments of modern life. LABOUR I. Meaning and Importance as Factor of Production II. Dignity of Labour III. Lawful and Unlawful Wages IV. Rights of Labour V. Obligations of Labour VI. Determination of Wages VII. Contract of Service I- Meaning and Importance as Factor of Production The term labour in Economics is used in a very wide sense. Any work whether manual or mental which is undertaken for a monetary consideration is called labour. Any work done for the sake of pleasure and pastime only having no consideration of any reward or compensation is not labour. According to Marshall, any exertion of mind and body undergone partly or wholly with a view to some good other than the pleasure derived directly from work, is called labour. Labour in this sense includes the very highest professional skill of all kinds as well as the labour of a mass of unskilled workers. Thus it includes labour of highly educated professionals like scientists, engineers, doctors, economists, professors, lawyers, judges, accountants, diplomats, administrators, as well as that of ordinary workers in factories, agricultural farms, government departments, private sector, etc. Some economists divide the labour into productive and non-productive labour. It is productive if it adds some material value like labour in the agricultural sector and manufacture. If it does not result in some material value then it is unproductive. According to Adam Smith, labour of menial servants as well as of the most respectable orders in society such as sovereign with all its officers in civil administration, justice and armed forces, is unproductive. However, according to modern conception all labour is called productive provided it is done to earn an income. Labour is synonymous with man and is by far the most important factor of production. Even the natural wealth of a country is of no use if it is not properly exploited by its men. Nature may be very generous to a country in providing unlimited natural resources but without human endeavour, they remain unused. Pakistan, it is said, is a rich country inhabited by poor people. On the other hand, Japan is a country blessed with little natural wealth but it is an economic power of the first order because of its hard working, diligent and intelligent people. Thus human resource comprising committed, hardworking and patriotic labour, manual as well as intellectual, is a must for economic development of a nation. In view of its importance in the production of wealth, Islam has laid great emphasis on human labour. Al-Quran, the revealed book of Islam, promulgates the fundamental principle regarding role of labour when it says: There is nothing for man but what he strives for- (53:39). According to this verse, there is no royal road or easy way to success. The way to progress and success in the world is through struggle and effort. The harder a man or a people work., the higher reward they are likely to get. According to Prophet Muhammad (PBUH), God loves those who work and strive for their livelihood and to search lawful earning is obligatory after the compulsory things (like prayer, fasting, belief in God). Both physical and intellectual labour have been emphasised in Islam. The Quran refers to manual labour when it talks of construction of boat by Prophet Noah, manufacture of coats of mail by Prophet David, tending of sheep by Prophet Moses and building of wall by Zul-Qarnain. The Holy Book also refers to intellectual labour when it relates the story of Prophet Joseph who was appointed incharge of treasures of Egypt by its king. [Back to the start of this chapter] II- Dignity of Labour Dignity and honour is attached to labour and work in Islam while the sources of unearned income and easy gains like usury, games of chance, etc. are despised and forbidden. Work is so much dignified and honourable that the Prophets who are the noblest of the human beings had engaged themselves in labour and hard work for earning their livelihood. The Quran mentions the example of Prophet David and Prophet Moses who respectively worked as ironsmith and shepherd. Prophet of Islam himself pastured sheep. He did not consider any work as menial or below dignity. In Ghazwah Ahzab (Battle of Allies), the Prophet was seen working and lifting stones alongwith his companions to dig a ditch to defend Madinah from the enemy. Let us glance through some verses of the Quran and Ahadith of Prophet Muhammad (PBUH) to highlight the honour in which labour, both manual and intellectual, is held by Islam. Verses of Holy Quran : 1. And he was building the ship and every time the chieftains of his people passed him, they made mock of him. He said: Though ye make mock of us, yet we mock at you even as ye mock. -(11:38) 2. So they twain journeyed on till, when they came unto the folk of a certain township, they asked its folk for food, but they refused to make them guests. And they found therein a wall upon the point of falling into ruin, and he repaired it. (Moses) said: If thou hadst wished, thou couldst have taken payment for it. -(18:77) 3. One of the two women said: O my father! Hire him! For the best (man) that thou canst hire is the strong, the trustworthy. He said: Lo! I fain would marry thee to one of these two daughters of mine on condition that thou hirest thyself to me for (the term of) eight pilgrimages. Then if thou completest ten it will be of thine own accord, for I would not make it hard for thee. Allah willing, thou will find me of the righteous. -(28:26-27) 4. And assuredly We gave David grace from us, (saying) : O ye hills and birds, echo his psalms of praise! And We made the iron supple unto him. Saying: Make thou long coats of mail and measure the links (thereof). And do ye right. Lo! I am Seer of what ye do. -(34:10-11) Ahadith of Muhammad (PBUH) : 1. Abu Hurairah reported from the Holy Prophet who said: Allah did not raise up any Prophet who did not graze goats. His companions asked: you too? yes said he, I used to tend goats for the inhabitants of Makkah for some qirats. -(Bukhari) 2. Ayesha reported that the Holy Prophet used to mend his shoes, sew his clothes and work in his household just as one of you works in his own house. She also reported that he was a man among men who used to patch his clothes, milk his goats and engage himself in work. -(Tirmizi) 3. Zubari-b-Awam reported that the Messenger of Allah said: That one of you takes his rope and then comes with a load of wood upon his back and sells it, and that thereby Allah guards his face, is better for him than that he should beg of men whether they give him or refuse him. -(Bukhari) 4. Meqdam-b-Made Yakrab reported that the Messenger of Allah said: Never has any one eaten a better food than what he has eaten out of the labour of his own hands; and David, the Prophet of Allah, used to eat out of the labour of his own hands. -(Bukhari) 5. Utbah-b-Munzir reported. We were near the Messenger of Allah when he recited Twa, Sin, Mim, till he reached the story of Moses. He said: verily Moses engaged himself as a labourer for nine or ten years on condition of keeping his private parts chaste and of food for his belly. -(Ahmad, Ibn Majah) 6. Ayesha reported that the Holy Prophet said: The purest of what you eat come from your own earnings, and your children come from your own earnings. -(Trimizi, Nisai, Ibn Majah) 7. Abu Zarr reported that the Messenger of Allah said; O Abu Zarr! There is no wisdom like efforts, no piety like self-denial and no goodness like good conduct. -(Bukhari) 8. Refe-b-Khudaiz reported that it was questioned: O Messenger of Allah, which earning is purest? He said: The earning of a man with his own hand, and every honest transaction. -(Ahmad) 9. Abdullah-b-Masud reported that the Messenger of Allah said: To search after lawful earning is compulsory after the compulsory things. -(Baihaqi) 10. Once the hands of a companion of the Holy Prophet became black by working with a hammer. The Holy Prophet, seeing his hands, enquired as to what had happened? He replied that it was because he had worked with a hammer on a very hard ground to earn livelihood for his family. Hearing this the Holy Prophet kissed his hands (and was pleased to know that he was earning an honest living by hard work). 11. Ali the fourth Caliph, used to say (with pride) that one day he came to know that the Holy Prophet was hungry. He went in search of work so that he might earn something for the Holy Prophet. He saw a Jew in a garden outside Madinah who had a heap of mud and wanted some-one to put water into it. He struck a bargain with him at one date for a bucket of water and earned seventeen dates in wages for seventeen buckets of water and came home. Then he went to the Holy Prophet and informed him about the bargain and then both ate them. 12. Abu Hurairah reported : Once the Ansars asked the Holy Prophet to divide the date trees between the Muhajirin and themselves. The Holy Prophet did not allow this. But when the Ansars asked the Muhajirin to work in the gardens and share the produce with them, they readily accepted the offer (and the Holy Prophet was very pleased with this arrangement). 13. Abdur Rahman bin Auf said: When we came to Madinah, the Holy Prophet (created brotherly relations between the Ansar and Muhajirin and) created this relationship between Saad bin Rabee and myself. Saad was the richest of all the Ansar and wanted to give me half of his wealth and one of his two wives. I refused to accept his offer but asked him to tell me of a trade centre. He told me of a Qainuqa bazar, I went there next morning and bought some curd and ghee (for sale) and then I went there every day (to do this kind of business). 14. It is reported that once an unemployed Ansar asked the Holy Prophet for some charity. The Holy Prophet enquired from him if he had any property. He replied that he had a blanket to cover his body and a cup to drink. The Holy Prophet asked him to bring these things. When he brought them, the Holy Traditions No 10 to 14 quoted by Afzal-ur-Rahman in Economic Doctrines of Islam. Prophet took them in his hand and auctioned them among the people. One of the present offered one dirham. The Holy Prophet requested him to raise the bid. Another man offered two dirhams and bought these things. The Holy Prophet gave two dirhams to that man and advised him to purchase an axe with one dirham. When he bought the axe, the Holy Prophet fixed the handle in it with his own hands and, giving it over to that man, said, go to the jungle and cut wood and dont see me before fifteen days. After a fortnight, when he came back, the Holy Prophet enquired how he was. He replied that he earned twelve dirhams during that period and purchased some cloth and grain. The Holy Prophet remarked, this is better than begging and disgracing yourself on the Day of Judgement. Above mentioned verses of the Holy Quran and traditions of the Prophet of Islam establish beyond any doubt that work is to be honoured and respected and the worker who earns his livelihood by his own hands is very much respectable. In Islam there is no work which is lowly or menial. Lowly or mean is the person who divides the work into high or low. [Back to the start of this chapter] III- Lawful and Unlawful Wages Wages are lawful when the work to be done is lawful. But when the work to be done is unlawful, then its wages would be unlawful. For example, if one is employed to commit theft or murder, wages received for the work shall be unlawful because the work is abinitio unlawful. Similarly wages are unlawful when the work to be done is your religious or social obligation (farz) for example, wages cannot be received for offering prayer or visiting sick. But wages for medically treating a person are lawful. Work which is done to please Allah, e.g. recitation of Holy Quran or teaching Quran to children, is not entitled for wages. However, a person engaged in the profession of teaching Quran as a source of his livelihood can charge wages for teaching the Quran. According to opinion of jurists, wages can be charged for washing dead, burying dead, digging graves, leading tarawih prayers and for guiding the pilgrims by those who are engaged in such professions. Wages for participation in Jehad or wages for preaching of Islam are not lawful unless the persons participating in these activities are professional soldiers and preachers. Ibn Abbas reported that a party of the Prophets companions passed by a place of water. There was man among them who was beaten by a scorpion or snake. A man from among the owners of the place of water came before them and said: Is there any charmer among you? Verily in the place of water there is a man bitten by a scorpion or snake. A man from them advanced and read the Opening of the Book for wages of a goat and then he was cured. He came with the goat to his companions who disliked that and said: You have taken wages for the Book of Allah! Then they came to Madinah and enquired: O Messenger of Allah, he has taken wages for the Book of Allah. The Messenger of Allah said: The book of Allah has got more right for wages than what you have taken for. Bukhari narrated it. And in a narration: You have done well! Divide it and set up a share for me with you. [Back to the start of this chapter] IV- Rights of Labour Islam recognises the fact that wealth is jointly produced by labour and capital. Since labour is in a comparatively weaker position, Islam has taken many measure to protect its rights. Rights of labour are in fact duties of the employer and vice versa. In this section we shall study rights of labour while in the next section we shall discuss the obligations of labour. Rights of a labourer and a worker include: that a labourer should be treated as a human being and not as a beast of burden; that dignity and respect should be attached to labour and work; that reasonable wages should be fixed at the time of employment, and that wages should be promptly paid. All these rights were given by Islam to the labour some fourteen hundred years ago when there was no concept of such rights, there were no labour unions, there were no charters of demand, there was no labour movement and there was no concept of collective bargaining. 1. In the sight of Islam all men and women are equal. Islam has established brotherhood, fraternity and equality among the Muslims and has abolished all distinctions between man and man based on race, colour, language, nationality or wealth. In Islam rich or poor, white or black, employer or employee, Arab or non Arab, wealthy or worker, are all equal as all the human beings hail from the same stock and belong to the same parents. The Prophet of Islam treated his servants as members of his family. It has been reported by Anas that he served the Prophet (PBUH) for a long time and the Prophet treated him well and never said oof (an expression of condemnation) to him. 2. Before the times of Prophet of Islam, labour was mainly provided by the slaves. The slaves worked in commerce, agricultural sector and in household while the fruits of their labour were enjoyed by their masters. The treatment given to the slaves was very inhuman and cruel. They were ill-clad, ill-fed and mal-treated. The Prophet of Islam not only restored their human dignity but also raised their status to the level of brothers and colleagues. The Holy Quran says: And serve Allah and ascribe nothing as partner unto Him. (Show) kindness unto parents, and unto near kindred, and orphans, and the needy, and unto the neighbour who is of kin and the neighbour who is not of kin, and the fellow traveller and the wayfarer and (the slaves) whom your right hands possess. (4:36). It is reported on the authority of Abu Zarr that the Messenger of Allah instructed his followers regarding slaves as follows: Your brethren Allah has placed them under your hands; whosoevers brother Allah has placed under his hands, let him feed him out of what he himself eats, let him clothe him out of what he clothes himself with; and let him not be entrusted with a work which will overcome him. If he entrusts him with what will overcome him, let him assist him therein. -(Bukhari and Muslim) 3. Besides ensuring human treatment and dignity and respect to labour, Islam provided for fixation and prompt payment of wages. Following measures were recommended by Prophet Muhammad (PBUH) in this behalf :- (a) The employers are required to fix the wages before the workers are employed. It was declared unlawful to employ any labourer at work without fixing his wages. It is reported by Abu Saeed Khudri that the Holy Prophet had forbidden to employ any labourer or worker without first fixing his wages. (b) Following traditions of the Prophet enjoin the believers to pay the wages without any delay:- Abu Hurairah reported that the Messenger of Allah said: The Almighty Allah said : There will be three persons whose opponent I shall become on the Resurrection Day: A man who gave in My name and then broke trust, and a man who sold a free man and enjoyed his price, and a man who engaged a labourer and enjoyed full labour from him but did not pay him his wages. -(Bukhari) Abdullah-b-Umar reported that the Messenger of Allah said: Pay the labourer his wages before his sweat dries up. -(Ibn Majah) 4. About the prompt payment of wages, the Holy Quran in the following verse refers to the story of Moses when he fled from Egypt and went to Madain where he helped two women in watering their fleet of sheep and was paid his wages promptly by their father. The verse reads: Then there came unto him one of the two women, walking shyly. She said: Lo! my father biddeth thee, that he may reward thee with a payment for that thou didst water (the flock) for us. Then, when he came unto him and told him the (whole) story, he said: Fear not! Thou hast escaped from the wrong folk. -(28:25) 5. The Prophet of Islam also enjoined upon his followers not to burden their employees with heavy work which is beyond the physical strength of the latter to do. If the work is heavy and the employee cannot do it, the employer should help him in doing that. Hadith reported by Abu Zarr in Bukhari and Muslim which has been reproduced at serial No. 2 above can be cited in this connection. 6. The Holy Prophet was so kind to his servants that if any of them was sick, he would visit him and enquire about his health. Caliph Umar is reported to have made it one of the duties of government officers to look after the sick particularly slaves and servants. From this it has been deduced by the jurists that employers should make adequate provision for medical treatment of their employees. [Back to the start of this chapter] V- Obligations of Labour The obligations of labour are in fact the rights ofthe employer. It is the basic obligation of the worker to fulfil the terms of his part of the contract of service. He should discharge all of his duties in accordance with terms and conditions of his service efficiently and honestly. He should be devoted and committed to his job. If he is provided some in-service training to improve his skills and qualifications, he should whole heartedly benefit from the training facility and should leave no stone unturned to improve his knowledge and skill. He is morally bound to remain loyal and sincere to his employer and no temptation or bribe should induce him to work against the interest of his master. In case he is entrusted with the property of his employer, he should prove trustworthy and should neither embezzle nor damage such property. Traditions of the Prophet of Islam which highlight the responsibilities and duties of an employee are related below: 1. Abdullah reported that the Apostle of Allah (may peace be upon him) said: When a slave sincerely works for his master, and worships (his God) well there is for him double reward. -(Bukhari) 2. Abu Huraira (may Allah be pleased with him) reported that the Apostle of Allah (may peace be upon him) said: How excellent is (the slave) which one of you has? He worships his Lord well and is a well-wisher of his master. -(Bukhari) Physical fitness is very essential for efficiency of labour. A strong and healthy worker would be more productive and efficient than a weak and sickly one. Similarly a trustworthy and honest worker who realised his duties will be more committed and responsible than a dishonest one. These qualities have been prescribed by the Quran for an ordinary labour in the story of Moses in the following verse: One of the two women said: O my father ! Hire him! For the best (man) that thou canst hire is the strong, the trustworthy. -(28:26) Thus a worker should be both physically strong and trustworthy and should serve his employer diligently, efficiently and honestly. For a mental worker, it is essential that he should have knowledge and skill and thus he should be able to serve in a position of responsibility to the satisfaction of his employer. These qualities have been stressed when the Quran relates the story of Joseph who was appointed incharge of storehouses of Egyptian empire. The relevant verse of the Holy Book reads : He said: Set me over the storehouses of the land. Lo! I am a skilled custodian. -(12:55) Thus qualifications of skill and trustworthiness would enable the worker to discharge the duties of his office with professional competence and integrity. [Back to the start of this chapter] VI- Determination of Wages Labour, as we have already submitted, is very important factor of production and its remuneration is called wages. The term wages may be used in a narrow or a wide sense. In the wide sense, it means payment made for the services of labour. In the narrow sense, a wage may be defined as a sum of money paid under contract by an employer to a worker for services rendered. But generally in Economics the term wage is used in a wide sense and it means the share of the national dividend which goes to those who work with their hands or brains, whether independently or for an employer. The problem of wages is very important as it effects the whole society. If the workers do not get fair and reasonable wages, it will not only affect their subsistence but also their purchasing power. And if a large portion of population like labourers have no purchasing power, it would adversely effect all those industries which are supplying consumer goods to the working class. Moreover, injustice to working class would lead to discontentment, frustration, agitation and strikes. Thus if the labourers are deprived of their just share from the national income, it would be in the long run an economic suicide for a country. Various theories have been propounded by modern economists for determination of wages. According to Subsistence Theory, wages tend to settle a level just sufficient to maintain the worker and his family at minimum subsistence. Wages Fund Theory explains that wages depend upon the demand and supply of labour. Residual Claimant Theory states that wages are the residue left over after the other factors of production have been paid. According to Marginal Productivity Theory, under condition of perfect competition every worker of same skill and efficiency in a given category will receive a wage equal to the value of the marginal product of that type of labour. Thus there is no agreement among the economists about the problem how the wages are to be determined. Islam offers a very reasonable solution of wage problem which is based on justice and fairness and protects the interests of both the employer and the employee. Wages, according to Islam, are to be determined in equitable manner, without harming the interests of any party, keeping in view the following Islamic teachings: (1) Wrong not, and ye shall not be wronged. -(Al-Quran 2:279) (2) Lo! Allah enjoineth justice and kindness. -(Al-Quran 16:90) (3) Abu Dhar reports that the Holy Prophet said: They (your slaves or servants) are your brethren, God has placed them under your control; so whoever has his brother under his control should feed him from what he (himself) eats and give him clothes the like of which he (himself) wears; and do not impose on them task which should be too hard for them, and if you impose on them such a task, then help them (in doing it). -(Bukhari, Muslim) Thus the employer and the employee should treat one another as brothers and not as master and servant. They should not wrong each other and show justice and kindness in their relationship. The employer should not forget that contribution of the labour in his produce is considerable. He should, therefore, pay reasonable wages to an employee to enable him to enjoy a reasonably decent living. The minimum wage rate in an Islamic society will be determined keeping in view the basic human needs which include food, clothing and house. A worker shall be paid adequate wages so that he can meet expenses on his and his familys food, clothing and house. He should also be provided for his childrens education and medical treatment of his ownself and his family. It is reported that Prophet Muhammad (PBUH) used to prescribe minimum wages of a person engaged for some government job with a view to provide him decent living. He used to say: For a Government servant, if he is not married, he should get married; if he has no servant, he may have one; if he has no house to live, he may build one and any one who exceeds this limit is either a usurper or a thief. This yardstick fixed by the Prophet of Islam should be kept in view while fixing minimum wages in an Islamic state. [Back to the start of this chapter] VII- Contract of Service Employment of labour by a capitalist is a civil contract and it is recommended by Islam that all contracts should be reduced into black and white. Stressing the importance of writing down of contract, al-Quran, the revealed book of Islam, states: ..Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you.. (2:282) Although the instructions of the Quran in this verse pertain to business transactions and contracts of debt, but in fact they are applicable to every type of contract. Thus it would be most appropriate if contract of service between an employer and an employee is also reduced in writing and all the terms settled between the parties are recorded in this contract. It is equitable in the sight of Allah and it would help resolving differences or disputes which may arise in future between the employer and the employee. The Holy Quran itself talks of a contract of service in the story of Prophet Moses in its chapter 28. After leaving Egypt when Moses reached Midian and helped daughters of Shuaib, Shuaib called him and offered him employment which was accepted by Moses. The relevant verses of the Quran throw light on this contract of service and terms thereof as follows: He said: Lo! I fain would marry thee to one of these two daughters of mine on condition that thou hirest thyself to me for (the term of) eight pilgrimages. Then if thou completest ten it will be of thine own accord, for I would not make it hard for thee. Allah willing, thou will find me of the righteous. He said: That (is settled) between thee and me. Which-ever of the two terms I fulfil, there will be no injustice to me, and Allah is Surety over what we say. -(28:27-28) In the above mentioned verses the Holy Quran not only makes mention of the terms of service settled between two righteous men of God but also points out that both the parties to the contract resolved to fulfil its terms and made God surety over it. The employers and the employee of today should follow this example and should not only write down the terms and conditions of service but should also express their determination to fulfil the same. It would help them in resolving their mutual disputes and thus make their life peaceful and prosperous. CHAPTER 4 DISTRIBUTION Means of Equitable Distribution 1. Zakat 2. Law of Inheritance 3. Law of Will 4. Law of Waqf 5. Charity of Fitr 6. Monetary Atonements 7. Charity and Alms 8. Feeding the Poor 9. Goodly Loan to Allah 10. Charity of Surplus 11. Hoarding of Wealth Forbidden 12. Prohibitive Measures The economics of distribution signifies the sharing of wealth produced by a community among the agents, or the owners of the agents, which have been active in its production. The theory of distribution is thus concerned with the evaluation of the services of the factors of production like land, labour, capital and enterprise, and distribution of the rewards among them. But here we are not concerned with economics of distribution, rather we are concerned with social distribution of wealth which means fair and even distribution of wealth amongst the members of a community. If distribution of wealth in a community is unfair, unjust and inequitable, the social peace is always at stake and the conflict between the haves and have-nots results in bloody revolutions. Pockets of prosperity cannot survive in oceans of poverty and, therefore, fair and equitable distribution of wealth is vital to a community for its peace, well-being and ultimate prosperity. Basic aim of Islam, as we have already stated earlier, is to ensure well-being (Falah) of its followers in this world and in the Hereafter, and also to establish brotherhood among the members of the Muslim community (Ummah). This aim cannot be achieved if distribution of wealth among the members of Muslim community is uneven, the gulf between the rich and the poor is very wide and class conflict exists in the society. Therefore, the economic system of Islam tries to establish fair and equitable distribution of wealth among the members of the Muslim community by taking very effective measures. Al-Quran, the revealed book of Islam, declared in unequivocal terms:. That it (wealth) become not a commodity between the rich among you.(59:7). It means that the wealth should not form a circuit among the rich only, rather it should remain in circulation amongst all the members of the community meeting the genuine needs of all. That is why the Quran has strongly condemned, with threats of punishment, those who hoard wealth. They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings (O Muhammad) of a painful doom (9:34) The theory of distribution of wealth as propounded by Islam is based on sound philosophy. God is owner of everything in the heavens and the earth and He is the provider and sustainer of every creature. God is real producer of wealth. No doubt man is inspired to make efforts and his efforts are rewarded, but efforts of man are fruitless, his plans abortive and his projects fail if Allah withholds His help. The Quran very often draws attention of man to this fact: Have ye seen that which ye cultivate? Is it ye who foster it, or are We the Fosterer? If We willed, We verily could make it chaff (56:63-65). The Quran continues: Have ye observed the water which ye drink? Is it ye who shed it from the rain cloud, or are We the shedder? If We willed We verily could make it bitter. Why, then give ye not thanks? Have ye observed the fire which ye strike out; was it ye who made the tree thereof to grow, or were We the grower? (56:68-72) Since God is the real owner and producer of wealth, so Gods share in the wealth is major and dominant. But it is also an un rebuttable fact that God is above all needs. Therefore, Gods share, as logical corollary, must go to the poor, the needy, the destitute, the helpless and the less fortunate members of the community. Share of God in the wealth of the well-to-do is collected sometimes in the form of compulsory levies like Zakat, Fitr, monetary atonements, etc. and sometimes in the form of voluntary charities and alms. It helps, overall, in smooth distribution of wealth among the poorer members of Muslim community. For fair, just and equitable distribution of wealth, Islam prescribes positive as well as prohibitive measures. Positive measures include Zakat, laws of inheritance and other compulsory and voluntary contributions (Sadaqat). Prohibitive measures comprise prohibition of interest, prohibition of hoarding, prohibition of drinking and gambling and above all prohibition of all immoral, unfair, unjust and unlawful means of acquiring wealth which, in fact, are the major cause leading to concentration of wealth in few hands. In the following pages we will insha Allah (if God will) dilate on some of these measures adopted by Islam for effecting fair and equitable distribution. [Back to the start of this chapter] 1- Zakat First such measure is Zakat which is compulsory levy or tax collected from rich by the Islamic state or the community and distributed to or spent on the poor. Before understanding its significant role in the distributive system of Islam, let us have a glance through the relevant verses of the Quran and the Ahadith of Muhammad (PBUH). Verses of the Quran: 1. Establish worship, pay the poor-due, and bow your heads with those who bow (in worship). -(2:43) 2. Establish worship, and pay the poor-due and whatever of good ye send before (you) for your souls, ye will find it with Allah. Lo! Allah is Seer of what ye do. -(2:110) 3. He it is Who produceth gardens trellised and untrellised and the date-palm, and crops of divers flavour, and the olive and the pomegranate, like and unlike. Eat ye of the fruit thereof when it fruiteth, and pay the due thereof upon the harvest day, and be not prodigals. Lo! Allah loveth not the prodigals. -(6:141) 4. Then, when the sacred months have passed, slay the idolaters wherever ye find them, and take them (captive), and besiege them, and prepare for them each ambush. But if they repent and establish worship and pay the poor-due, then leave their way free. Lo! Allah is Forgiving, Merciful. -(9:5) 5. The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captive and the debtor, and for the cause of Allah, and (for) the wayfarers: a duty imposed by Allah. Allah is Knower, Wise. -(9:60) 6. Take alms of their wealth, wherewith thou mayst purify them and mayst make them grow, and pray for them. Lo! thy prayer is an assuagement for them. Allah is Hearer, Knower. -(9:103) 7. Those who, if We give them power in the land, establish worship and pay the poor-due and enjoin kindness and forbid iniquity. And Allahs is the sequel of events. -(22:41) 8. And strive for Allah with the endeavour which is His right. He hath chosen you and hath not laid upon you in religion any hardship; the faith of your father Abraham (is yours). He hath named you Muslims of old time and in this (Scripture), that the messenger may be a witness against you, and that ye may be witnesses against mankind. So establish worship, pay the poor-due, and hold fast to Allah. He is your Protecting Friend A blessed Patron and a blessed Helper ! -(22:78) 9. Establish worship and pay the poor-die and obey the messenger, that haply ye may find mercy. -(24:56) 10. That which ye give in usury in order that it may increase on (other) peoples property hath no increase with Allah; but that which ye give in charity, seeking Allahs countenance, hath increase manifold. -(30:39) Traditions of Muhammad (PBUH): 1. Ibn Omar reported that the Holy Prophet said: Islam is built on five things, to bear witness that there is no deity but Allah and that Muhammad (PBUH) is His servant, to keep up prayer, to pay Zakat, to make pilgrimage and to keep fast in Ramadan. -(Mishkat-ul-Masabih) 2. Ibn Abbas reported that the Holy Prophet sent Muaz to Yemen saying: Certainly you will come across a people, the People of the Book. Call them to bear witness that there is no God but Allah and that Muhammad is the Messenger of Allah. If they submit to that, teach them that Allah has made obligatory upon them prayer for five times a day and a night. If they submit to that, teach them that Allah has made obligatory over them Zakat which will be taken from the rich and will be given to the poor among them. If they then obey that, avoid taking the best part of their property and fear the invocation of the oppressed, because between it and Allah, there is no veil. -(Bukhari and Muslim) 3. Abu Hurairah reported that the Messenger of Allah said: Whomsoever Allah gives wealth but who does not pay its Zakat, his wealth will be made to appear to him on the Resurrection day as a huge bald snake having two fangs for it. It will be put round his neck on the Resurrection day and then take hold of him with its two fangs meaning its two jaws. Afterwards it will say; I am your wealth, I am your hidden treasure. Then he recited: And let not those think who are niggardly, the verse. -(Bukhari) 4. Ibn Omar reported that the Messenger of Allah said: Whoever acquires wealth, there is no Zakat therein till a year passed over it. -(Tirmizi) 5. Ali reported that Abbas asked the Prophet about advance payment of his Zakat before a year passed. He gave him permission for that. -(Ibn Majah, Abu Daud, Tirmizi) 6. Abu Hurairah reported: When the Holy Prophet was dead and Abu Bakr succeeded him, and those who returned to disbelief from desert Arabs returned to disbelief, Omar-bin-al Khattab said to Abu Bakr: How can you fight with the people while the Messenger of Allah said: I have been ordered to fight with the people till they utter: there is no deity but Allah, his property and life are under my protection except for its tax, and its account is upon Allah. Abu Bakr said: By Allah I shall surely fight against him who differentiates between prayer and Zakat, because Zakat is a duty on property. By Allah, if they refuse me to deliver young goats which they used to deliver to the Prophet of Allah, I will fight against them inspite of their refusal. Omar said: By Allah, he was not except that I saw that Allah expanded the chest of Abu Bakr for fighting. Then I recognised that it was right. -(Bukhari and Muslim) 7. Ali reported: Zohair said: I take it from the Prophet who said: Bring one-fourth of Ushr, meaning there is one dirham for every 40 dirhams and there is nothing on you till it completes 200 dirhams. So when it comes up to 200 dirhams, there are 5 dirhams due, and what is in excess is upon that (proportionate) account. And as for goats, there is one goat in every forty up to 120; if they increase by one, then up to 200 two she-goats (of one year); if they increase then up to 300-3 goats of one year; if you have no more than 39 goats, there is no Zakat due on you regarding them. And about cows, in every thirty there is one calf of one year, and in every forty, there is one calf of full two years, and there is no Zakat due for the cattle engaged in labour. -(Abu Daud) 8. Amr-bin-Shuaib reported from his father from his grandfather who said that two women came to the Holy Prophet with two bangles of gold in their hands. He asked them: Have you paid its Zakat? No replied they. The Holy Prophet then asked them. Do you both like that Allah will dress you with bangles of Hell? No replied they. He said: Then pay its Zakat. -(Tirmizi) 9. Samorah-bin-jundab reported: The Messenger of Allah used to direct us to collect Zakat from that which we counted as merchandise. (Abu Daud) 10. Abu Hurairah reported that the Messenger of Allah said: The wounds caused by animals are exempted, well is exempted, and mines are exempted, and there is one-fifth due from the buried treasure. -(Bukhari and Muslim) 11. Abu Sayeed al-Khodri reported that the Holy Prophet said: There is no Zakat for seeds or dates till they come up to 5 Wasaqs. -(Nisai) 12. Ibn Omar reported that the Messenger of Allah said about (Zakat of ) honey: For every ten leather bottles, one bottle falls due. -(Tirmizi) 13. Abdullah-bin-Omar reported from the Prophet who said: There is one tenth in what is watered by clouds or fountains or what grows in a fertile land. And there is half of one- tenth in what is watered by camels. -(Bukhari) 14. Musa-bin-Talha reported: We had with us a letter of Muaz-b-Jabal from the Holy Prophet. He said: The Prophet ordered him to take Zakat from wheat, barley, and dates. -(Sharhi Sunnat (Defective) 15. Ali reported that the Messenger of Allah said: There is no Zakat for vegetables, nor there is Zakat for cultivated plants, nor there is Zakat for less than five Wasaqs nor there is Zakat for animals of labour, nor there is Zakat for Jabha. (Saqar said: Jabha is horse, mule and servants.) -(Darqutni) 16. Abdullah-bin-Amr reported that the Messenger of Allah said: Zakat is not lawful for the rich, nor for one possessing health and strength. (Tirmizi Abu Daud). Besides having religious importance, Zakat plays very important role in the socio-economic life of the Muslim Ummah. It is the corner-stone of the financial structure of the Islamic state. Zakat not only provides the required funds to Islamic state for its welfare activities in sectors like education, health and social services but also enables it to discharge its obligations regarding its poor and deprived of citizens. It also prevents the concentration of economic power in the hands of few and ensures fair and equitable distribution of wealth. It checks growing income disparities and bridges the gulf between the rich and the poor. Thus its distribution aspect brings about social justice in the society and protects the community from bloody revolutions and political upheavals which are generally the result of ever growing disparities between the haves and have-nots. [Back to the start of this chapter] 2- Law of Inheritance Law of inheritance followed by a community plays a vital role in setting the pattern of distribution of wealth among its members. Those communities who adopt law of primogeniture, which makes the eldest son to inherit the whole of the property of his father, have concentration of wealth in few hands. Those communities who confine the inheritance to only male children and exclude the females also have a narrow base of distribution. Only those communities who confer the inheritance on a larger number of heirs without any discrimination between males and females have broad-based pattern of distribution. Islamic law of inheritance is perhaps the only such law in the world which conceives a very broad-based distribution pattern. This law not only makes the male and female children of the deceased his legal heirs but also includes among his legal heirs his spouse or spouses and his parents. In case the deceased leaves no children and no parents, his estate goes to his brothers and sisters and sometimes even to his distant kindred. In case a deceased person leaves behind him no near or distant relatives, his property may go to the community or the state for benefit of all the members or the citizens. The basic principle of inheritance has been setup by verses 7 and 8 of chapter 4 of the Holy Quran. According to these verses, both men and women of a family would inherit the estate left by their parents and near relatives and something shall also be bestowed on kinsfolk, orphans and the needy who are present at the time of division of inheritance. These verses read: Unto the men (of a family) belongeth a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave, whether it be little or much a legal share. And when kinsfolk and the orphans and the needy are present at the division (of the heritage), bestow on them therefrom and speak kindly unto them. -(4:7-8) The verse No. 11 of chapter 4 of al-Quran prescribes the shares of the children and parents of the deceased. This verse reads: Allah chargeth you concerning (the provisions for) your children: to the male the equivalent of the portion of two females, and if there be women more than two, then theirs is two- third of the inheritance, and if there be one (only), then the half. And to his parents a sixth of the inheritance, if he have a son; and if he have no son and his parents are his heirs, then to his mother appertaineth the third; and if he have brethren, then to his mother appertaineth the sixth, after any legacy he may have bequeathed, or debt (hath been paid). Your parents or your children; Ye know not which of them is nearer unto you in usefulness. It is an injunction from Allah. Lo! Allah is Knower, Wise. -(4:11) The verse No. 12 of chapter 4 of the revealed book of Islam prescribes the shares of the husband and wife in each others heritage. It also prescribes shares of the distant relatives in case the deceased leaves no children and no parents. This verse reads: And unto you belongeth a half of that which your wives leave, if they have no child; but if they have a child then unto you the fourth of that which they leave, after any legacy they may have bequeathed, or debt (they may have contracted, hath been paid). And unto them belongeth fourth of that which ye leave if ye have no child, but if ye have a child then the eighth of that which ye leave, after any legacy ye may have bequeathed, or debt (ye may have contracted, hath been paid). And if a man or a woman have a distant heir (having left neither parent nor child), and he (or she) have a brother or a sister (only on the mothers side then to each of them twain the brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third, after any legacy that may have been bequeathed or debt (contracted) not injuring (the heirs by willing away, more than a third of the heritage) hath been paid. A commandment from Allah. Allah is Knower, Indulgent. -(4:12) In case the deceased is not survived by parents and children but has brothers and sisters, his or her estate shall be distributed in accordance with verse No. 176 of chapter 4 of the Holy Quran, which reads: They ask thee for a pronouncement. Say: Allah hath pronounced for you concerning distant kindred. If a man die childless and he have a sister, hers is half the heritage, and he would have inherited from her had she died childless. And if there be two sisters, then theirs are two-thirds of the heritage, and if they be brethren, men and women, unto the male is the equivalent of the share of two females. Allah expoundeth unto you, so that ye err not. Allah is Knower of all things. -(4:176) The detailed discussion of Islamic law of inheritance is in fact subject of a law book or a book of Fiqh and not that of the present book. However, we can briefly say that Islamic law prescribes a long line of legal heirs who have been divided by the jurists into three classes, namely: sharers, residuaries and distant kindred. In case of non-existence of any legal heir, the estate goes to the Bait-ul-Mal (Public treasury of the Islamic state). The main objective of the Islamic law of inheritance is, thus, the fair and equitable distribution of wealth among a larger number of near and distant kindred of the deceased, and so prevention of concentration of fortune in few hands. [Back to the start of this chapter] 3-Law of Will Law of will serves cause of charity and thus assists distribution of wealth among the poor and the destitute. Before elaborating the law, however, let us glance through the relevant verses of al-Quran and Ahadith of Prophet Muhammad (PBUH). 1. It is prescribed for you, when one of you approacheth death, if he leave wealth, that he bequeath unto parents and near relatives in kindness. (This is) a duty for all those who ward off (evil). And whoso changeth (the will) after he hath heard it the sin thereof is only upon those who change it. Lo! Allah is Hearer, Knower. But he who feareth from a testator some unjust or sinful clause, and maketh peace between the parties, (it shall be) no sin for him. Lo! Allah is Forgiving, Merciful. -(2:180-182) 2. Ibn Omar reported that the Messenger of Allah said: It is not proper for a Muslim who has got something to bequeath that he should pass even two nights without his will kept written near him. -(Bukhari and Muslim) 3. Saad-bin-Abi Waqqas reported: The Holy Prophet came to me while I was ill. He asked: Have you made bequest? Yes said I. He asked: To what extent? I replied: To the extent of the whole of my property in the way of Allah. He asked: What then have you left for your children? I replied: They are rich in wealth. He said: Bequeath one- tenth. Then I continued to think it little till he said: Bequeath one-third and one-third is too much. -(Tirmizi) 4. Abu Omama told of hearing Gods messenger say in his sermon in the year of the Farewell Pilgrimage, God has appointed for everyone who has a right what is due to him, and no legacy must be made to an heir. (Abu Daud and Ibn Majah). Before the revelation of the verses regarding division of inheritance, it was prescribed that will or bequest should be made in favour of parents and near kindred. But when the Quran (in its chapter 4) revealed the law of inheritance and prescribed the shares of parents, children, spouses and other relatives, bequest is no longer valid in favour of an heir, as declared by the Prophet. The Holy Prophet has also prescribed that will should not be made in respect of more than one-third of total property which one is likely to leave after death. Although, in the opinion of some jurists, will can be made in favour of an heir provided all the other heirs agree yet the law of will generally understood is that will of one-third property should be made in favour of persons other than legal heirs. The law of will generally inspires rich and well-to-do Muslims to bequeth some fortune in the path of God for charitable causes like relief of the poor, education and medical relief, etc. This law has helped, in Islamic society, the establishment of waqfs, trusts, hospitals, educational institutions. This law, thus promotes Jehad against poverty, misery, disease, ignorance and illiteracy. Thus the institution of will helps transfer of wealth from the rich to the poor. [Back to the start of this chapter] 4- Law of Waqf The institution of waqf in Islam gets its inspiration from the following verses of the Quran and Ahadith of Prophet Muhammad (PBUH): 1. Ye will not attain unto piety until ye spend of that which ye love. And whatsoever ye spend, Allah is aware thereof. -(Quran 3:92) 2. Ibn Umar told that when Umar got some land in Khaibar he went to the Prophet and said, Messenger of God, I have acquired land in Khaibar which I consider to be more valuable than any I have ever acquired, so what do you command me to do with it? He replied, If you wish you may make the property an inalienable possession and give its produce as sadaqa. So Umar gave it as sadaqa declaring that the property must not be sold, given away, or inherited, and he gave its produce as sadaqa to be devoted to the poor, relatives, the emancipation of slaves, Gods path, travellers and guests, no sin being committed by the one who administers it if he eats something from it in a reasonable manner or gives something to someone else to eat, provided he is not storing up goods (for himself). Ibn Sirin said, provided he is not acquiring capital for himself. -(Bukhari and Muslim) The institution of waqf, thus, got its roots when verse 92 of chapter Three of the Holy Quran was revealed and the well-to-do companions of the Prophet sought his guidance expressing their desire to donate their property in the path of Allah. So the followers of Islam throughout their history have been maintaining this institution to earn the pleasure of Allah in this world and in the Hereafter. As stated earlier, a Muslim can bequeth one- third of his property for charity after his death. But during his lifetime he has right to spend whole of his property in the way of Allah. According to law of gift, one can donate or gift as much of his property as he likes to any person during his life. Good-natured and virtuous believers, who are rich, exercise their powers under the law of will or the law of gift and establish waqf for a charitable cause. Waqf, in the language of Shariah, means the dedication of the corpus of property to Almighty God. The property thus transfers from the dedicator (waqif) to the ownership of Allah but its usufruct or benefit is dedicated to the poor, sick, travellers, or any other noble cause recognised by Islam. The institution of waqf helps elimination of poverty, misery, disease, illiteracy and in this way promotes the cause of equitable distribution of wealth. [Back to the start of this chapter] 5- Charity of Fitr The Prophet of Islam has prescribed for every well-to-do Muslim to pay Sadaqat-ul-Fitr to the poor Muslims to enable them to participate in the celebrations of Eid after the Holy month of Ramadan. Fitr means alms which is incumbent upon every Muslim possessing property equal to the amount of Nisab of Zakat. The well-to-do are required to pay it not only for themselves but also for their families, children, servants and slaves. The measure of Eid charity in wheat, flour, barley, dates, etc. is one Saa which is equivalent to 112 ounces, nearly 3.5 seers. It is also lawful to pay the equivalent price. The charity can be paid in the month of Ramadan but it should certainly be paid before Eid prayer sothat the wants of the poor in connection with the Eid festival are satisfied and they also enjoy the festival. Some of the Ahadith of the Prophet are reproduced below to understand the importance of this charity and its rules: 1. Ibn Omar reported that the Messenger of Allah made obligatory the charity of Fitr- one saa of dried dates or one saa of barley upon the slave and the free, male and female, young and old from among the Muslims. He directed its payment before the people go out for the prayer. -(Bukhari, Muslims) 2. Abu Sayeed al-Khodri reported: We used to levy charity of Fitr-one saa from food crops, or one saa from barley, or one saa from dried dates, or one saa from cheese, or one saa from raisins. -(Bukhari, Muslim) 3. Ibn Abbas reported that the Messenger of Allah made charity of Fitr compulsory as a purification of fast from vile discourse and vain talks and also as food to the poor. -(Abu Daud) [Back to the start of this chapter] 6- Monetary Atonements Monetary atonements have been prescribed by the Quran for certain sins. Those who commit certain sins, offences or omissions intentionally or unintentionally have been enjoined upon by the Quran to make prescribed charity in expiation of these sins. The Verses of the Quran relevant to some atonements are reproduced as under: 1. (Fast a certain number of days) and (for) him who is sick among you, or on a journey, (the same) number of other days; and for those who can afford it there is a ransom: the feeding of a man in need But whoso doth good of his own accord, it is better for him: and that ye fast is better for you if ye did but know. -(2:184) 2. It is not for a believer to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain, unless they remit it as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the blood- money must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise. -(4:92) 3. Allah will not take you to task for that which is unintentional in your oaths, but He will take you to task for the oaths which ye swear in earnest. The expiation thereof is the feeding of ten of the needy with the average of that wherewith ye feed your own folk, or the clothing of them, or the liberation of a slave, and for him who findeth not (the wherewithal to do so) then a three days fast. This is the expiation of your oaths when ye have sworn; and keep your oaths. Thus Allah expoundeth unto you His revelations in order that ye may give thanks. -(5:89) 4. Those who put away their wives (by saying they are as their mothers) and afterward would go back on that which they have said, (the penalty) in that case (is) the freeing of a slave before they touch one another. Unto this ye are exhorted; and Allah is Informed of what ye do. And he who findeth not (the wherewithal), let him fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones. This, that ye may put trust in Allah and His messenger. Such are the limits (imposed by Allah); and for disbelievers is a painful doom. -(58:3-4) These prescribed monetary atonements are also a channel of flow of wealth from the well- to-do to the poor people. [Back to the start of this chapter] 7- Charity and Alms After discussing compulsory charities, now we turn to optional charities and alms. If Zakat and other compulsory charities fail to satisfy the needs of the poor, the state can either impose taxes or motivate the rich to donate voluntarily and generously to help eradicate poverty and want. Let us reproduce the verses of the Holy Book and Ahadith of Muhammad (PBUH) regarding Sadaqat or Infal fi Sabil Allah. Verses of the Quran: 1. Who believe in the unseen and establish worship, and, spend of that We have bestowed upon them; And who believe in that which is revealed unto thee (Muhammad) and that which was revealed before thee, and are certain of the Hereafter. These depend on guidance from their Lord. These are the successful. -(2 : 3-5) 2. It is not righteousness that ye turn your faces to the East and the West; but righteous is he who believeth in Allah and the Last Day and the angels and the Scripture and the Prophets; and giveth his wealth, for love of Him, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and setteth slaves free; and observeth proper worship and payeth the poor-due and those who keep their treaty when they make one, and the patient in tribulation and adversity and time of stress, such are they who are sincere. Such are the Godfearing. -(2:177) 3. Spend your wealth for the cause of Allah, and be not cast by your own hands to ruin; and do good. Lo! Allah loveth the beneficent. -(2:195) 4. They ask thee, (O Muhammad), what they shall spend. Say: That which ye spend for good (must go) to parents and near kindred and orphans and the needy and the wayfarer. And whatsoever good ye do, Lo! Allah is Aware of it. -(2:215) 5. And they ask thee what they ought to spend. Say: That which is superfluous. Thus Allah maketh plain to you (His) revelations, that haply ye may reflect: -(2:219) 6. O ye who believe! Spend of that wherewith We have provided you ere a day come when there will be no trafficking, nor friendship, nor intercession. The disbelievers, they are the wrong-doers. -(2:254) 7. The likeness of those who spend their wealth in Allahs way is as the likeness of a grain which groweth seven ears, in every ear a hundred grains. Allah giveth increase manifold to whom He will. Allah is All-Embracing, All-Knowing. Those who spend their wealth for the cause of Allah and afterward make not reproach and injury to follow that which they have spent: their reward is with their Lord, and there shall no fear come upon them, neither shall they grieve. A kind word with forgiveness is better than alms-giving followed by injury. Allah is Absolute, Clement. O ye who believe! Render not vain your almsgiving by reproach and injury, like him who spendeth his wealth only to be seen of men and believeth not in Allah and the Last Day. His likeness is as the likeness of a rock whereon is dust of earth; a rainstorm smiteth it, leaving it smooth and bare. They have no control of aught of that which they have gained. Allah guideth not the disbelieving folk. And the likeness of those who spend their wealth in search of Allahs pleasure, and for the strengthening of their souls is as the likeness of a garden on a height. The rainstorm smitheth it and it bringeth forth its fruit twofold. And if the rainstorm smite it not, then the shower. Allah is Seer of what ye do. -(2:261-265) 8. Whatever alms ye spend or vow ye vow, Lo! Allah knoweth it. Wrong-doers have no helpers. If ye publish your alms-giving, it is well, but if ye hide it and give it to the poor, it will be better for you, and will atone for some of your ill deeds, Allah is Informed of what ye do. The guiding of them is not thy duty ( O Muhammad ) , but Allah guideth whom He will. And whatsoever good thing ye spend, it is for yourselves, when ye spend not save in search of Allahs countenance; and whatsoever good thing ye spend, it will be repaid to you in full, and ye will not be wronged. (Alms are) for the poor who are straitened for the cause of Allah, who cannot travel in the land (for trade). The unthinking man accounteth them wealthy because of their restraint. Thou shalt know them by their mark: They do not beg of men with importunity. And whatsoever good thing ye spend, Lo! Allah knoweth it. Those who spend their wealth by night and day, by stealth and openly, verily their reward is with their Lord, and there shall no fear come upon them neither shall they grieve. -(2:270-274) 9. Allah hath blighted usury and made almsgiving fruitful. Allah loveth not the impious and guilty. -(2:276) 10. Ye will not attain unto piety until ye spend of that which ye love. And whatsoever ye spend, Allah is aware thereof. -(3:92) 11. Believe in Allah and His messenger, and spend of that whereof He hath made you trustees; and such of you as believe and spend (aright), theirs will be a great reward. -(57:7) 12. And spend of that wherewith We have provided you before death cometh unto one of you and he saith: My Lord! If only Thou wouldst reprieve me for a little while, then I would give alms and be among the righteous. -(63:10) 13. Let him who hath abundance spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease. -(65:7) 14. And in whose wealth there is a right acknowledged. For the beggar and the destitute; -(70:24-25) Ahadith of Muhammad (PBUH): 1. Anas reported that the Messenger of Allah said: verily charity appeases wrath of the Lord and removes pangs of death. -(Tirmizi) 2. Abdullah-bin-Masud reported: There are three whom Allah loves-a man who gets up at night to read the Book of Allah, and a man giving alms with his right hand which he conceals (I consider that he said) from his left hand: and a man, being in a battalion, encounters the enemies, although his companions are routed. -(Tirmizi) 3. Marsad-bin-Abdullah reported: Some of companions of the Holy Prophet informed me that he heard the Prophet say: Surely the shade of the believer on the Resurrection Day will be his charity. -(Ahmad) 4. Abu Hurairah reported that the Messenger of Allah said: Had there been gold for me like the mount of Uhud, it would have pleased me that three nights should not pass over me with something with me therefrom except what I should keep in wait for debt. -(Bukhari) 5. Asmmas reported that the Messenger of Allah said: Spend and dont count lest Allah counts for you, and dont hoard up lest Allah withhold from you. Spend what you can. -(Bukhari, Muslim) 6. Abu Hurairah reported that a man enquired: O Messenger of Allah! which charity is greatest in reward? He replied: Your charity while you are sound, greedy, fear poverty and hope for riches. Dont put off, till when it reaches the throat, you say: Such and such is for so and so, such and such is for so and so, while it belonged to so and so. -(Bukhari, Muslim) 7. Abu Hurairah reported that the Messenger of Allah said: The generous man is near Allah, near Paradise, near the people and, far off from Hell; and the miser is far off from Allah, far off from Paradise, far off from the people near Hell; and illiterate charitable man is dearer to Allah than the pious miser. (Tirmizi) Voluntary charities to earn the pleasure of God almighty are rewarded in this world as well as in the next one. These also help in flow of wealth from the rich of the community to the poor and needy. Thus the cause of distributive and social justice is achieved through this voluntary measure. [Back to the start of this chapter] 8- Feeding the Poor Feeding the poor is one of the voluntary charities and is a very common practice among the generous and pious Muslims. Rewards for this are very numerous and both the Quran and the Prophet of Islam inspire the believers to feed the poor and the needy. This measure is also a good step to mitigate want and misery from the Islamic society. The relevant verses and Ahadith are: Verses of the Quran: 1. That they may witness things that are of benefit to them, and mention the name of Allah on appointed days over the beast of cattle that He hath bestowed upon them. Then eat thereof and feed therewith the poor unfortunate. -(22:28) 2. And the camels! We have appointed them among the ceremonies of Allah. Therein ye have much good. So mention the name of Allah over them when they are drawn up in lines. Then when their flanks fall (dead), eat thereof and feed the beggar and the suppliant. Thus have We made them subject unto you, that haply ye may give thanks. -(22:36) 3. (Because) they perform the vow and fear a day whereof the evil is wide-spreading. And feed with food the needy wretch, the orphan and the prisoner, for love of Him. (Saying): We feed you, for the sake of Allah only. We wish for no reward nor thanks from you. Lo! We fear from our Lord a day of frowning and of fate. Therefore, Allah hath warded off from them the evil of that day, and hath made them find brightness and joy; -(76:7-11) Ahadith of the Prophet: 1. Abdullah-bin-Amr reported that the Messenger of Allah said: Serve the Merciful, give food and spread peace; you will then enter paradise with peace. (Tirmizi, Ibn Majah) 2. Ibn Abbas reported: I heard the Messenger of Allah say: No Muslim gives a cloth to a Muslim except that he is in the protection of Allah so long as a piece thereof remains upon him. (Ahmad, Tirmizi) 3. Abu Hurairah reported that a man complained to the Holy Prophet about his hardness of heart. He said: Pass thy hand over the head of the orphans and give food to the poor. (Ahmad) 4. Anas reported that the Messenger of Allah said: The best charity is to satisfy a hungry belly. (Baihaqi) [Back to the start of this chapter] 9- Goodly Loan to Allah It is grace of Allah, the Almighty God, that any expense incurred by a person in His path on charity or alms to the poor is regarded by Him as goodly loan to Him and He undertakes to repay it manifold. The rich are inspired to give loan to God in the form of helping the poor people and to earn many times big rewards for this. The verses of the Quran pertaining to this subject are: 1. Who is it that will lend unto Allah a goodly loan, so that He may cause it increase manifold? Allah straiteneth and enlargeth. Unto Him ye will return. -(2:245) 2. Allah made a convenant of old with the Children of Israel and We raised among them twelve chieftains, and Allah said: Lo! I am with you. If ye establish worship and pay the poor-due, and believe in My messengers and support them, and lend unto Allah a kindly loan, surely I shall remit your sins, and surely I shall bring you into gardens underneath which rivers flow. Whoso among you disbelieveth after this will go astray from a plain road. -(5:12) 3. Who is he that will lend unto Allah a goodly loan, that He may double it for him and his may be a rich reward? -(57:11) 4. Lo! those who give alms, both men and women, and lend unto Allah a goodly loan, it will be doubled for them, and theirs will be a rich reward. -(57:18) 5. If ye lend unto Allah a goodly loan, He will double it for you and will forgive you, for Allah is Responsive, Clement. -(64:17) Following are comments of two leading scholars of Islam on the concept of goodly lean to God: According to Abdullah Yusuf Ali: Spending in the cause of God is called metaphorically a beautiful loan. It is excellent in many ways: (1) it shows a beautiful spirit of self- denial; (2) in other loans there may be a doubt as to the safety of your capital or any return thereon: here you give to the Lord of All in Whose hands are the keys of want or plenty: giving, you may have manifold blessings, and withholding, you may even lose what you have. If we remember that our goal is God, can we turn away from His cause? According to Abul Ala Maududi: Good loan is that which is lent without any idea of personal gain or interest but is given with the sole intention to please Allah. Allah in His bounty credits the wealth thus spent in His Way as a loan to Himself. He promises that He will not only return the actual debt but increase it manifold, provided that it is a goodly loan in the real sense and is lent merely to please Him and for the sake of those objects He approves. [Back to the start of this chapter] 10- Charity of Surplus The highest degree of charity, which has always remained an ideal for a Muslim, is the charity of surplus (Anfaq al-Afw). It requires a believer to spend all his wealth which is over and above his needs. The word Afw means that wealth which is left over after meeting ones needs. The Injunction of the Quran on spending surplus wealth is: And they ask thee what they ought to spend. Say: That which is superfluous. Thus Allah maketh plain to you (His) revelation, that haply ye may reflect. -(2 : 219) If the principle of Anfaq al-Afw comes into play in its full force and all the believers voluntarily spend all their wealth in the way of God, there will be no poverty, no disease, and no illiteracy in the Muslim society. The cause of distribution of wealth cannot be served better by any measure than this. [Back to the start of this chapter] 11- Hoarding of Wealth Forbidden Hoarding of wealth has been condemned by Islam with threats of severe punishment whereas circulation of wealth has been ordained. This measure not only forces the hoarded wealth out of coffers of the rich but also ensures its flow into investment channels ultimately helping its natural distribution. Following are Verses of the Quran and Ahadith of Muhammad (PBUH) which highlight Islamic view-point on hoarding:- 1. They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings (O Muhammad) of a painful doom: On the Day when it will (all) be heated in the fire of hell, and their foreheads and their flanks and their backs will be branded there with (and it will be said unto them): Here is that which ye hoarded for yourselves. Now taste of what ye used to hoard. -(Al-Quran 9:34-35) 2. That which Allah giveth as spoils unto His messenger from the people of the townships, it is for Allah and His messenger and for the near of kin and the orphan and the needy and the wayfarer, that it becometh not commodity between the rich among you. -(Al-Quran 59:7) 3. But nay! for lo! it is the fire of hell, Eager to roast, It calleth him who turned and fled (from truth), And hoarded (wealth) and withheld it. -(Al-Quran 70:15-18) 4. Woe unto every slandering traducer. Who hath gathered wealth (of this world) and arranged it: He thinketh that his wealth will render him immortal. Nay, but verily he will be flung to the Consuming One. -(Al-Quran 104:1-4) 5. Abu Hurairah reported that the Messenger of Allah used to store up nothing for the morrow. -(Tirmizi) 6. Ayesha reported that the Messenger of Allah said: This world is an abode for one who has got no abode, and a property for one who has got no property, and one who has got no wisdom hoards for it. -(Ahmad, Baihaqi) [Back to the start of this chapter] 12- Prohibitive Measures It is a notorious fact that concentration of wealth in few hands usually takes place through unlawful means and corrupt practices adopted for acquiring wealth. It is through unfair and illegal means that few privileged individuals pile up big fortunes depriving the multitude of people from their legitimate share in national wealth. If natural process of distribution of wealth is allowed to flow unobstructed and all persons earn their livelihood through lawful means there cannot be concentration of wealth in few hands and there cannot be unbridgeable gulf between the rich and the poor. Thus the means adopted for earning play a vital role in governing distribution of wealth in a state or a community. With a view to prevent concentration of wealth and ensure its fair and equitable distribution, Islam has adopted certain prohibitive measures, i.e. all the unjust, unfair and illegal means of earning have been declared Haram (unlawful) and hence prohibited. Following are some of these measures:- 1. Riba or usury in every conceivable form has been abolished root and branch. 2. Bribery and corruption in every form is haram (unlawful). 3. Earning through wine, hard drinks, narcotics and other forbidden things is illegal. 4. Earning through gambling, speculation, forward sale, and games of chance is absolutely prohibited. 5. Theft and robbery are prohibited and declared punishable offences. 6. Income through adultery, prostitution, music, dancing, blue films, obscene literature, pornography, etc. is haram. 7. Business malpractices such as wrong measuring and wrong weighing, adulteration, etc. are forbidden. 8. Usurpation of the wealth of orphans, women and other weak persons is haram. 9. Hoarding of commodities especially food items and other necessities of life with a view to earn undue profits is prohibited. 10. Earning through exploitation, blackmail, fraud, duress, deception, false oaths, misrepresentation of goods, is prohibited. 11. Financial benefits derived through misuse of office or power or through intercession, favouritism, nepotism, etc., are illegal. 12. Non-payment of debt or loan including loans of banks and financial institutions or remission of these loans secured through political or other influence is unlawful. 13. Embezzlement of individual or public money or misappropriation thereof, is absolutely haram. 14. Non-payment of Zakat and other taxes or non-payment of dues for utilities and services is strictly prohibited. 15. Non-payment of wages or salaries to the labourers or employees is forbidden. The above mentioned means of earning livelihood or acquiring and accumulating wealth have been prohibited directly or indirectly by the Quran and the Sunnah. These have already been discussed under the head unlawful means of earning wealth in previous chapter and, therefore, there is no need of repeating the discussion here. ECONOMIC DISTRIBUTION IN ISLAM
PRESENTED BY AL-BALAGH FOUNDATION In the name of Allah, the Compassionate, the Merciful. "Whatever spoils given by Allah to His Messenger from townspeople belongs to Allah and to the Messenger, and to the nearest of kin, and to the orphans, and the indigent, and the wayfarer, so that it may not circulate amongst the rich of you. And what the Messenger gives you, take it then; but forsake what he forbids you. And venerate Allah, for He is stern in retribution." Holy Qur'an (59:7) "Were it my money I would have distributed it among them equally. But it is Allah's." Imam Ali (a.s.)
PREFACE Praise is due to Allah for His explicit and implicit favours. Peace and blessings are on the brilliant light, the giver of good tidings and warnings, our master Muhammad and on his infallible household and the righteous among his companions. Today, the world appears to becoming more lost in self-generated chaoses economic problems take precedence over all other hardships and haunt the rulers of both the Eastern and Western blocks. If the West suffers from high unemployment, high inflation...etc., the East complains of decline in production, shortages in the supply of the basic necessities of life... Both capitalism and socialism, including before being developed into communism, are not only retracting their theoretical slogans and renouncing their doctrinal principles, they are nearly perishing as each are riddled with ambiguities and shortcomings that have failed to address even the most fundamental issues of con temporary society. Satellite states, like in the Arab world, have been dominated by the Western democracies and as a result, have been misled in setting up capitalistic systems or they have reluctantly turned tificsocialism. The result from both should announce their ideologies has been only bitter disappointment. Nothing has remained in their hands except the ashes of aping foreigners, which are being scattered by the piercing wind of the Islamic movement. Both the East and the West have claimed their absolute dependence on the outcome of abstract theories, not only in the fields of material sciences but even in their ideological and philosophical views with regard to the universe, life and man. Each attach the uppermost importance to tangible experiments to prove facts and adopt the ensuing results. But, contrary to all their claimed developments, the examples of socialism and capitalism in practice have proved to be fiascoes, neither imparting happiness to man nor satisfying his basic needs, both physical and spiritual; in failing to achieve worldwide security or putting an end to global catastrophes, instead cultural erosion and moral collapse, continue to increase unabated, while there has been no sign of pinpointing the root causes of anxiety and psychological misery that is sweeping virtually all nations today. As the Foundation presents this booklet about economic distribution in Islam, free of charge, it is a single proof of the greatness of Islam and looks forward to the day when humanity will shake worldly dust of fits communities and become arrayed with celestial robes to walk in the light of Islam, where happiness can be won in both this life and the Hereafter. "...and to whomever Allah does not give light, he has no light." Holy Qur'an (24:40) Al-Balagh Foundation
ISLAM'S CARE FOR MAN'S LIVELIHOOD Today, economic problems come at the head of man's present plights. They may be considered the root of life's problems that leave a pervasive impact on man's material interests and social conditions. The result has a direct effect not only on the life of the individual but also on the community and on the level of their material progress and civil development. Economic conditions of the ummah (Muslim community), like elsewhere, have a backlash on security and stability, and consequently, advances in health, scientific gains and the process of achieving social justice. In Islam, life's stability is viewed as a base in up a committed Muslim community. Similarly, catering man's basic necessities is a factor conducive to solidifying piety and winning divine rewards in the Hereafter. Present life and the Hereafter, economic welfare and moral and spiritual ascendancy are tightly connected together through a sound insight in having all-embracing way of life, which only Islam can offer. Allah, the Exalted, says: "And seek by means of what Allah has given you the future abode, and do not neglect your portion of this world,..." Holy Qur'an (28:77) A Prophetic tradition from the Holy Messenger (s.a.w.) pointedly records: "He is not from us who gives up his worldly life in favour of his Hereafter, nor is he who gives up his Hereafter in favour of his worldly life." The Prophet (s.a.w.) is further quoted to saying: "How excellent is wealthiness in strengthening man's fear of Allah".[1] Imam al-Sadiq (a.s.), in interpreting the following verse, (...Our Lord! grant us good in this world and in the Hereafter, and save us from the punishment of the fire) (Qur'an 2:201) has elaborated that the good referred is associated together in seeking the pleasure of Allah and Paradise in the Hereafter and the provision and good morals in worldly life.[2] Imam al-Sadiq (a.s.) is quoted himself to have said: "There is no good in him who does not like to collect wealth lawfully, by which he satisfies his needs, pays off his debts and keeps up his relations with his relatives".[3] "How excellent is worldly life when it helps one to prepare oneself for the Hereafter". "Wealthiness that prevents you from wronging others is better than poverty that leads you to do evils."[4] The Prophet (s.a.w.) has also said:- "O Lord! make bread blessed for us. Do not separate us form it. If it were not for bread we would not have kept up prayers, fast not have discharged our divine duties."[5] "It is better for the faithful to wake in the morning or in the evening at the loss of a beloved one than to go in the morning or the evening plundering others' property. We take refuge in Allah from plundering others' possessions."[6] Through these Islamic texts about the importance of the economic side of man's life, the role of the growth of money and wealth in a Muslim's life, in relation to his quest on earth can be seen. They present a clear understanding of Islam's concern with economic life and the necessity of fair distribution of wealth, and the providing of a satisfactory standard of living to every individual so as to keep his faith sound and his life stable. Based on this plain concept is Islam's stress on man's managing his financial life and its concern to set up a fair economic system based on the belief in man's lawful right to satisfy his natural needs. These include providing an adequacy of foodstuff, clothing, residence and the rest of material, ideological and psychological needs on whose availability, the justice of an economic system and the betterment of the community's welfare depend. Qur'anic ayahs (verses) and Prophetic traditions are bountiful in dealing with thc concerns of everyday economic life of individuals. So exactly and meticulously they attend to production, earnings, distribution of wealth, management of money and all aspects of the economy that they never fail to draw admiration of economists and political scientists the world over. How excellently perfect is the Qur'anic concept of Islam's view of daily economic life in which it confirms man' s right to gain comfort. It is vividly expressed in this Qur'anic address to Adam (a.s.): "Surely it is (ordained for you that you shall not be hungry therein nor bare of clothing." Holy Qur'an (20:118) Man's economic needs should be met, whether he himself, achieves this goal or someone else, be it an individual, a group of people or the state. The following verse enriches this concept: "...so let them worship the Lord of this House, Who feeds them against hungry and gives them security against fear." Holy Qur'an (106:3-4) It makes it clearer and more positive the connection of Allah's worthiness of being worshipped to favouring man by providing his basic necessities of life. Tackling starvation and furnishing the basic economic needs of man, in the shadow of peace and security and is explained by this verse. It is a sacred feature of man's relationship with Allah and a stimulus to worship and submit to His will. It is quite evident, in Islam's view, that the issues raised and questions emerging from thanksgiving, or to which worship is related, must be the focus of man's concern. They must be provided, for they form the path leading to worship and the causes of thankfulness and gratitude. In a nutshell, Islam's view of man's rights to earn a daily living, can be outlined as:- 1. Money and property are Allah's. People are equal in gaining them and making use of them. Imam Ali (a.s.) is reported to have said: "Were it my money I would have distributed it among them equally. But it is Allah's." 2. Man has an inalienable right to earn his livelihood. Under no circumstances should he be deprived of it and at the time of infirmity or incapability, it must be provided for him. 3. Man is obliged to exert his utmost efforts in working and utilizing nature's resources to his interests. Allah, the Exalted, says: "...therefore go about in the spacious sides thereof, and eat of His provision, and to Him is the return after death." Holy Qur'an (67:15) 4. The system of economic life and the methods of earning money, distributing wealth and consumption should be in accordance with a specific moral and legal line. Man's freedom and his economic rights should be similarly subjected to this lawful commitment, which safeguards the rights of all and balances everyone's interests.
MISCONCEPTIONS Two main points related to the economic system and the distribution of wealth and productivity in Islam, need further consideration as a prelude to delve into related issues. Primarily they are: 1. Islamic economic thought has become vague in the minds of many scholars and cultured people and has led them to deny the existence of such system in Islam. This has been caused on the basis that Muslim thinkers have not studied economic and financial percepts and concepts and presented them in a related way in which contemporary thought has tackled them and treated within modern idioms and methodology. It is due to this lack of development that Islamic economic thought has remained texts and concepts scattered in the Holy Qur'an, books of traditions, books of history and Islamic studies on fiqh (jurisprudence). Muslim researchers did not consider them except in the recent past and in a limited and narrow scope. The need has been to have them to be more meticulously examined, gathered, studied, analyzed, deduced and reshaped and where the outcome should be easily comprehensible and encapsulates all man's economic problems as well as covering all related aspects, such as the themes of wealth, its production and distribution within the Muslim community. In respect, the fuqaha' took great pains to study these items extensively on the basis of fiqh. They also examinedzakat (poor-rate), khums (an Islamic tax), kharaj (land tax levied on non-Muslims), working systems for companies, trade, ijarah (hiring someone or something for specific purposes), hawalah (transfer of debt from one person to another), purchases, usury, farming, speculation, usurpation, property, conduct of business...etc. By so doing, they provided basic ideological material conducive to form an economic view, and a clear-cut viewpoint on an Islamic economic system. Many contemporary Muslim intellectuals have made use of this basic ideological material and studied economic systems, ownership, distribution, consumption...in its light. They have also developed it in analyzing production relationships and offering an explanation to economic problems and so forth. When Muslim intellectuals systematically delve into this field, in line with Islam's methodology of research and employing a comprehensive economic method, an economic overview can be presented, that make up entire systems providing solutions for man's problems, for which he has failed to find an answer. Instead man has been left groping in the long dark tunnels of the communist, socialist and capitalist theories, when satisfactory answers are at hand to alleviate doubts adduced by the enemies of Islam. Such have spared no effort to present, to the sons of Islam and others, that Islamic economic thought is a shallow mould, which is unable to accommodate today's problems. They charge Islam, due to their ignorance, obstinacy, and fear from its justice, as well as its threat to their boundless self-centeredness and greed, that it falls short of successfully treating the more complicated daily economic issues. Islamic economic system is still, as they maliciously claim, composed of a set of varying charity-oriented questions and moral commandments, which cannot tackle deep-seated problems, nor can it resolve the ever-complicated crises of inhumanity because of the immense phenomena, related to financial considerations present in human society. These efforts are clearly made in a bid to turn attention of Muslims and others from returning to an economic system that frees humanity from exploitation, injustice and avarice and leads it to an economic life of welfare, where man finds comfort, care and dignity. 2. The second misconception, which must be warned of, is the mixing up of Islam with other economic systems and without distinguishing between the two. Many researchers and academics, be they Muslims or non-Muslims still mingle the Islamic economic system with the capitalist and social systems. Even, some of them go to the extent of mixing it up with the communist systems. This confusion can be ascribed to the comprehensible concepts found in Islam, including the principles of freedom, sponsorship, insurance or through the intervention of the Islamic state in directing the economy and keeping watch over the distribution and production.. etc. Those, who examine the conception of economic, political and individual freedom in Islam, look at Islam within a capitalist framework. Yet those, observe Islam's rejection of, for instance, the capitalist amassing of wealth or the state's role in economic life, think Islam is a socialist system. Re-examining these ideological aspects and analyzing them scientifically, meticulously and unbiasedly, it will be noticed however, that there is a wide gap between Islam's view and cures and those of capitalism and socialism. The only conclusions that can be made about attempts to converge manmade systems with Islam is that they are clear distortions in line with other misconception that are invented to belittle the everlasting message of the Holy Prophet (s.a.w.). To emphasize the difference, the following four points underline the key difference between Islam and these two ideological system, in particular, and other social and political systems, in general: 1. Islam differs from socialism, capitalism and communism and other theories and perspectives in its ideological and doctrinal bases. Islam is a Divine Message with a special conception of the universe, life and man. It basically disagrees with socialist and capitalist views, which have their roots in their materialistic vision that has no religious base, nor any belief in Allah. Socialism, capitalism and communism and the like are merely concepts devoid of spiritual and moral values. The distance between them and Islam is unmistakably great. Islam has an all-embracing ideological and legislative make-up. In it, no barriers are to be found between morals, laws, worships, concepts and existence. 2. Islam differs from all man-made systems in that it has a lawful executive framework, which exactly expresses political, economic, and social concepts. Regarding the social system[7], laws, which are the second stage of its ideological ladder, are based on founding principles of their own. They manage related affairs quite differently from man-written laws and legislation, in all domains whether they be economical, political, sociological, or appertaining to individual behaviour...etc. Such matters as ownership, investment, economic, consumption are tackled in a unique way by Islam. 3. In its aims and objectives, Islam is distinguished from other systems, like, it differs from them on the basis of contents and the legal organization of life. It treats related subjects in separate ways with specific points. The ultimate goal of Islam is to worship and seek the pleasure of Allah, the Exalted. In implementing the divine law and adhering to the divine order, a Muslim demonstrates he is a worshipper. His objective is to seek the reward and pleasure of Allah, the Exalted. Contrarily, the human objective in capitalist and socialist societies is purely a materialistic one, expressed in terms of materialistic gain regardless of the cost and fall out on society. 4. Even though there is a sort of analogy between Islam and other systems in certain respects, Islam has its own way and method of implementing its economic concepts and objectives. For example, Islam believes in social justice and so it adopts just principles in distribution and production growth. Socialism and capitalism attempt to call for similar concepts, which can be seen as generally logical and which man, by no means, can shun. But in trying to develop the conceptions and implement them, we will find the difference between Islam and secular systems in both method and way. In capitalism, freedom knows no boundaries. In theory, individuals can do what they desire to. In doing so, it believes that the non-existence of limits or restrictions results in economic freedom, in competition and the increase of production. But to achieve a suitable and satisfactory economic level is for all people, makeshift and inexorable laws have to be enforced, based upon such theories as the laws of wages, supply and demand...etc. while, on the other hand, socialism subscribes to the methods of confiscating the sources of wealth and means of production. The state, thanks to this system, becomes a massive capitalist party monopolizing all means of economic resources and turns individuals into production units, who take nothing from the fruit of their toil except that which the state allows them to have. Unlike these two systems Islam adopts its own methods. It never opens the gates for individual selfishness to flourish like in capitalism, nor does it confiscate the means of production and acquiring wealth, turning people into machines on behalf of the state, like socialism. Islam believes in individual ownership, community ownership and state ownership, as it is expounded in the books of fiqh, traditions and in the Holy Qur'an. Lest selfishness and urges of greed prevail, and to prevent exploitation and economic injustice from sweeping over the community, Islam has laid down lawful and moral restrictions related to ownership, investment and consumption in defense of manipulation and deprivation. The aim, which has in view, as duly explained, is to liberate man from both the greedy capitalist grip solidified by the democratic system and state capitalism thrust upon productive individuals in the socialist system by means of coercion and force, which are the monopoly of the government. In conformity with a delicately set economic plan, Islam grants freedom and responsibility to the Muslim individual and community within bounds so each balance the other.
NATURE OF ECONOMIC PROBLEM The central question which presents itself in the world of economics and wealth and which needs a comprehensive and exact answer is: What is the economic problem and what is its cause? The answer to this question depends upon what is the approach and the nature of the system chosen. The identity of the economic system, which manages the distribution of wealth among human beings, conversely is outlined in accordance with the general comprehension of the problem and its nature. The solution to any economic problem thus lies within the system, in its formula. It gives the answer to the question, what the economic problem is and how it can be dealt with. To analyze the problem overall from a philosophical point of view needs a comprehensive grasp of the nature of both man and wealth, the value of each and their significance in life as a prerequisite. It further relies on a deep, exact and efficient comprehension of the problem on one hand, and on the other, an objective analysis of the implemented system, which is immune to any prejudice that may caused by the personal bias of the concerned economist and those who invented its perspectives. These factors, put together, help to give the shape of the answer and to plan an economic system with its stated hallmarks. Now, let us see what answer Islam gives to our question: What is the economic problem and what is its mainspring? 1. Allah, the Exalted, says: "Corruption has appeared in the land and the sea on account of what the hands of people have wrought, that he may make them taste a part of that which they have done, so that they may return." Holy Qur'an (30:41) 2. And Allah has also said: "And you love wealth with exceeding love." Holy Qur'an (89:20) 3. "Decked out fair to mankind is the love of desires -Women, children, hoarded treasures of gold and silver, marked horses, cattle and tilth. That is the enjoyment of the life of this world; but Allah - with Him is the fairest return. Say: 'Shall I tell you of better than that?' For those that are godfearing, with their Lord are Gardens underneath which rivers flow, therein dwelling forever, purified spouse, and Allah's good pleasure. And Allah sees His servants." Holy Qur'an (3:14-15) 4. "...most surely man is ungrateful to his Lord. And most surely he is a witness of that. And most surely he is tenacious in the love of wealth..." Holy Qur'an (100:6-8) 5. "And those who made their abode in the city and in the faith before them love those who have fled to them, and do not find in their hearts a need of what they are given, and prefer (them) before themselves though poverty may afflict them, and whoever is preserved from the niggardliness of his soul, these it is that are the successful ones." Holy Qur'an (59:9) 6. "Therefore be careful of (your duty to) Allah as much as you can, an hear and obey and spend, it is better for your souls; and whoever is saved from the greediness of his soul, these it is that are the successful." Holy Qur'an (64:16) 7. The Messenger of Allah (s.a.w.) is reported to have said: "Refrain from doing injustice, for it is the darkness of the Judgement's Day. Avoid misery, it was misery that cut down those who were before you. It made them shed their blood and do haram (what is forbidden and harmful)". 8. And the Holy Prophet (s.a.w.) is also quoted to have said: "Two fierce wolves entering a pen of sheep are not as much harmful as avarice and love of a social rank to the faith of a Muslim."[8] Examining these quotations and compile their content, the following conclusions can be reached: 1. In the first quotation, the Qur'an blames man for causing his own problem. Corruption, be it political, economic or moral, is only man's making. Man encapsulates a host of stimuli and desires and he himself is spurred on to extremes in peculiar proclivities, to cause corruption, injustice and tyranny under which humanity suffers greatly. "Corruption has appeared in the land and the sea on account of what the hands of people have wrought, that he may make them taste a part of that which they have done, so that they may return." Holy Qur'an (30:41) 2. Quotations 2,3,4 and 8 emphasize that man' s selfishness, avarice, his excessive love for properly and wealth and his tendency to amass them, is the main cause of all his daily problems, in general, and his economic problems, in particular. 3. Quotations 5,6 and 7, from the Qur'an and holy Prophetic traditions, how that avarice itself which is a vice used with great eagerness and desire to obtain and keep wealth away from the bands of others, is the latent, effective factor behind man's greed and his predilection to monopoly wealth and deprive others from it. In summary, we can assert an important fact in the world of economics, as clearly stated by Islam and known as the causeehind the problem of wealth distribution, is man's self-centeredness and his greed. For the worlds of the holy Qur'anic verses and Prophetic traditions lay great stress on avarice and greed as the root causes of the economic problems in the fields of distribution and consumption. This view rules out the effect of external conditions, including means of production, whether in abundance or scarce, and distribution, for man, himself, controls distribution, His will controls it. His awareness identifies his view of justice, the value of money and wealth and the meaning of life. It is this very awareness that principally outlines the way he adopts in dealing with himself and others. Everywhere and every time subjective factors are the root causes of the problems and the sources of economic injustice, regardless of the variation in conditions, means and quantity of production, which tend themselves to be by-products resulting from the original misdiagnosis. The only way to save man from economic injustice and confusion is his daily life, re- shaping his existence and re-formulating his conceptions, his view of life, money, wealth, profit and moral pleasure, in a sound and objective way and in harmony with the Qur'an and in agreement with its deep, analytical views. Allah, the Exalted, says: "...surely Allah does not change the condition of a people until they change their own condition;..." Holy Qur'an (13:11) Unless an independent, economic system is adhered to this change cannot be fully successful; a system, which takes upon itself the task of re-distributing human wealth and managing economic life in agreement with the principles of Islamic justice and equality and not on high-fluting theories that lose the essence of what the basic problem is: Allah, the Exalted, says: "And that if they should keep to the (right) way, We would certainly give them to drink of abundant water." Holy Qur'an (72:16) "And if the people of the towns had believed and guarded (against evil) We would certainly have opened up for them blessings from the heaven and the earth..." Holy Qur'an (7:96) There is no way to better man's life other than effecting a complete, psychological and ideological transformation. Yet to achieve this, a just system and law must be brought about, both socially and legally, to serve as a prelude in the building of a human community, where man can bask in righteousness and happiness and taste the flavor of freedom and dignity. The Qur'an, in many of its ayahs and conceptions, emphasizes this method of transformation: "until they change r own condition". "and that if they should keep to the (right) way". "believed and guarded (against evil)." By scrutinizing these words, we can arrive at the conclusion that the Qur'an made psychological change, and treading on the right path (shari'ah and the Divine system), having faith in them and insisting on adhering to their profound principles. Islam is prerequisite to human change for the better and the sources of good and man's economic welfare. This is the true dimensions of the problem and overcoming it. But what of the external factor that perpetuate and self-propel the ill-effects?
EXTERNAL FACTORS Identifying human faults as an internal cause of the economic problem, Islam turns its attention to specify the external factors, which constitute the chief reasons behind exacerbating the problem. Islam, attributes the economic problems to two factors: 1. The Human Factor. The subjective one and root cause as already has been explained. 2. External Factors. The objective ones. These factors can be deduced, by concerned researchers of Islamic economics, from the sources of legislation, morals, and concepts that deal with the social and economic aspects of man's life. Briefly they can be summed as: 1. INADEQUATE PRODUCTION. 2. ILL-DISTRIBUTION. 3. ILL-CONSUMPTION. By referring to the Qur'an, Prophetic Sunnah, books of fiqh, studies on morals, we can compile many texts, principles and thoughts which deal with each of these causes. To present a more clearer picture of the Islamic view of the economic problem, it is necessary to consider all three causes separately.
1- INADEQUATE PRODUCTION: The main cause of poverty as well as being a principle factor behind the economic problem, under whose burden man is still suffering, is the decline in production in the view of Islam. That is why Islam has focused attention on it and blamed two main factors for it: A. Unemployment and disusing of human resources: Islam looks upon work as a holy and esteemed asset. It puts it on the same footing with jihad and worship. The Prophet (s.a.w.) is reported to have said: "Worship is of seven parts the best of which is seeking halal (lawful) provision."[9] Islamic traditions and texts dealing with the importance of work are bountiful. They have one aspect in common urging man to work, mobilizing human beings to raise their production capabilities and fighting sloth and unemployment as the prime reasons of poverty and materialistic and social decline. Of the traditions reported in regard to this point is one quoted from Imam Ali (a.s.): "When things coupled, sloth and helplessness got together and engendered poverty." Imam al-Ridha (a.s.) quote his father Imam Musa al-Kadhim (a.s.), on the same subject that he said to one of his sons on his death-bed: "Beware of laziness and boredom, because for they prevent you from your share of this world and in the Hereafter."[10] B. Ignorance and lack of experience about methods of productions, including the under-utilization of natural resources and man's creative powers. These factors play a critical and undeniable role in the decline of production and spread of need and destitution. Islam, for such consideration, urges Muslims to seek knowledge, make use of natural resources and gain in knowledge about work and management. The Prophet (s.a.w.) is quoted to have said: "Allah surely loves the trustworthy professional." Islam works towards mobilizing man bodily, psychologically and intellectually, employing his technical and scientific abilities for the sake of production, adequate supplies of needed commodities, and creating wealth. The Prophet (s.a.w.) reproached whoever has no interest in increasing his wealth through halal (lawful) work and expanding his ability to spend and meet his needs and the needs of his dependants. In the words of the Holy Prophet (s.a.w.): "There is no good in whoever who does not like earning his living from halal work to satisfy his needs, pays his debts, and strengthen his ties of kinship". This Prophetic tradition emphasizes the necessity of man striving to earn his own way; that his earnings should outweigh his expenses. The Prophet (s.a.w.) laid stress Oil this point in: "relation to the good of his family and the community as a whole". Islam's plan is simple and precise, directing man's energies into productive employment as a moral responsibility and a legal duty that fits into building a healthy Muslim society, where there is no unmet wanting.
2. ILL-DISTRIBUTION: Bad distribution is the second gravest external cause of the economic problem, which also results in the spread of poverty and need, and unbalanced economic life. As clearly seen from secular systems, different social classes have arisen. One of them lives in the lap of luxury, enjoying every kind of material pleasure, a massing wealth, monopolizing means and sources of riches. While the other is hardly able to have daily bread and scrape together a subsistence living. This gross inequality in economic life, which represents a dangerous and harmful schism in society, has its main causes principally in bad distribution and the implementation of bland, man-made economic systems which have their own momentum is aggravating the catastrophe. Feudalism, capitalism, and communism and the like have merely exacerbated the crisis all the more. Ill-distribution, has a long historic experience, regardless of whatever secular economic system has been tried. Its consequence of an unjust spread of wealth is a prime basis of today's social tragedy of mankind. Such is well established, by Muslim and non-Muslim experts alike, as exampled by one report in an Italian publication, and translated and published in the Kuwaiti daily "al-Qabas", back on August 15-8-1976 in its issue 1525:- "Experts in the fields of development, food and population unanimously agree that the available natural resources in the world are so abundant that they can meet all the needs of the nations if goodwill was shown and if these resources were equally distributed among all nations. The root cause is the unjust distribution of the resources...and the failure of many nations to win their real independence, decide the fate of their wealth and distribute it justly and fairly. "Russian scientist Ivan Shatilov has also said that cultivated areas now could satisfy the hunger of tens of billions of people if their crops were distributed equally and fairly among the nations of the world. He further points out: 'On the other hand, we must not lose sight of the fact that the advanced industrialized world has not, sofar, made use of the marine sources of food. The oceans constitute 71 percent of the total surface of the earth, whereas they produce no more that 1 percent of man's foodstuff.'" Man will never be able to taste the flavor of happiness and dignity, as historical records testify, unless he sheds the shackles of short-sighted man-made systems, and blot out forever their traces in the human community, souls and life. Such systems proved themselves a failure. They only record their flagrant, tragic defeat, which victimize humanity and brings forth unspeakable cries of starvation, wars and deprivations. Man was metamorphosed into a machine working incessantly in favour of the ruling classes, whether being individuals as is the case in the capitalist and feudalis systems, or authorities, and parties as it is in the socialist and communist systems. Only when man recovers his consciousness from the anaesthesia of propaganda manipulated by those who covet these principles from their won vested interest and breaks the fetters of servitude which subdues him by force and coercion, man will see the fountain of light and find the path to an honorable, free life, where he finds his righteousness and dignity. Only when man strives to seeks and intensifies his efforts to win good and happiness will he find the key presented by Islam. This concise discourse, is not intended to delve into great detail the major principles and important lines drawn by Islam in its unmatched economic system. It is but an outline of its just view.
3. ILL-CONSUMPTION: The major third factor conducive to the economic problem and perpetuating the spread of poverty and destruction of human resources is ill-consumption, which the misuse of wealth and the non-usage of assets that could preserve and satisfy human demands in a calculated balanced way. Like all other fields, Islam has a unique diagnosis for consumption in its particularly caring way of embracing a complete formula for life. Its guidelines show the following steps:- 1. Limiting Consumption: Consumption is the most critical stage in dealing with the wealth and making use of it and Islam did not neglect this vital area but set a system with clear moral aspects that controls the process, utilizing the graces and favours bestowed on man by Allah. So that man would not act excessively or unreasonably in regard to consuming life's resources, Islam projects a well-laid system, calculated and in accordance with its message and its distinctive way of handling matters at man's disposal.
2. Prohibition of Extravagance and Wastefulness: Extravagance and wastefulness are nothing but harmful misusages of wealth. Islam exhorted man to confine himself to the necessities of life and to keep his lusts, avarice and the untoward behaviour in check. Allah, the Exalted, says: "O children of Adam! attend to your embellishments at every time of prayer, and eat and drink and be not extravagant; surely He does not love the extravagant." Holy Qur'an (7:31) "And they who when they spend, are neither extravagant nor parimonious, and (keep) between these the just mean." Holy Qur'an (25:67) "And give to the near of kin his due and (to) the needy and the wayfarer, and do not squander wastefully. Surely the squanderers are the brothers of the Satan and Satan is ever ungrateful to his Lord." Holy Qur'an (17:26-27) "And do not make your hand to be shackled to your neck nor stretch it forth to the utmost (limit) of its stretching forth, lest you should (afterwards) sit down blamed, stripped off ." Holy Qur'an (17:29) These exhortation and restrictions were purely to keep a balanced economy . perfectly organized. If wealth is employed in the interest of man, used as it was ordained and planned by Allah, all human needs are met. Islam, in its legislation and perceptions, erect a structure of logical bases compatible with human make-up and instinctive needs. Because man cannot always handle wealth, Allah's given services and favours are bestowed upon him in a strategically productive way, Islam puts before him the way according to which he can utilize and consume wealth efficiently and justly. If, however, these are ignored and neglected, the specific objective outlined by Allah will be lost to man with disastrous consequences as can be seen by the widespread plight of people all over the world. All activities, including commodities and services, are put into two categories that best suit their nature, halal (lawful) and the haram (unlawful). Wine, gambling, revelry, debauchery, wasteful entertainment...etc, are strictly prohibited because they only dissipate man's wealth. Instead of being wasted in vain, such huge sums of money should be spent in the services of human society to satisfy fundamental human needs and preserve wealth from being squandered and lost. It is an ailment that plagued all societies who lack the sound planning Islam presents to man. Thousands of millions of dollars are wasted daily on wine, gambling, extravagant entertainment, debauchery, as well as on accumulating weapons of mass destruction and annihilation for wars and terrorizing other nations, whilst millions of people are straddled with hunger, deprivation and misery. Islam makes such perverse and corrupt consumption haram because its aims are to employ wealth in fields that secure welfare for humanity. With its exact and perfectly planned economic system, Islam has placed in the hands of mankind the economic gifts of securing the cure of all financial woes and salvaging an equitable world from the abyss of poverty, deprivation and injustice in which millions still painfully suffer from and seemingly will continue to do so with ill- founded man-made equivalents.
GENERAL BASES OF DISTRIBUTION IN ISLAM 1. The distribution system of Islam is grounded in a general ideological base that "Allah is the Only Real Owner." As for man, he is not more than a deputizing vicegerent. He can only manage what he owns within certain limits, specified by Allah. Allah, the Most High, says: "And certainly you have come to Us alone as We created you at first, and you have left behind your backs the things which We gave you, and We do not see with you your intercessors about whom you asserted that they were (Allah's) associates in respect to you; certainly the ties between you are now cut off and what you asserted is gone from you." Holy Qur'an (6:95) "Believe in Allah and His Apostle, and spend out of what He has made to you to be successors of; for those of you who believe and spend shall have a great reward". Holy Qur'an (57:7) 2. Man has natural, instinctive needs which must be met, and under no- circumstances can he be deprived of this right. The aim of Islamic economic legislation is to provide needed commodities for man. Thus in unmistakably made clear in this Prophetic tradition. "Allah, the Exalted and mighty, looked at the wealth of the well-off. And He looked at the destitute. He ordained a portion from the wealth of the rich to be delivered to the poor to satisfy them. If it had not satisfied them He would certainly have increased their share."[11] The ability to earn wealth is put at man's disposal to better his life. It is not a goal in itself. Rather it is a means to manage man's economic and daily life. Wealth, therefore, has a social role. It serves man and makes him attain a nobler, and more comfortable life. In its distribution, it must be spread into every cell of the human society's body so that it can cater for all needs. "Whatever Allah has restored to His Apostle from the people of the towns, it is for Allah and for the Apostle, and for the near of kin and the orphans and the needy and the wayfarer, so that it may not be a thing taken by turns among the rich of you, and whatever the Apostle gives you, accept it, and from whatever he forbids you, keep back, and be careful of (your duty to) Allah; surely Allah is severe in retributing (evil)". Holy Qur'an (59:7) 3. In Islam, ownership in various forms is lawful including individual, communal and state ownerships and which is an axiomatic fact in fiqh and Islamic legislation. 4. The method of gaining money, property and economic resources are restricted to certain laws as Islam puts restraints on any tendency of greediness or other unscrupulous motives including exploitation. Islam adopts two important methods to tackle this critical point to frustrate the urges of greediness and exploitation. They are: A - Rearing and cultivating Muslim individuals and society, both morally and spiritually, in a way that promotes virtuous aspirations to steer clear of greediness and selfishness and present the reality of wealth being only transitory aspects of a temporary life on earth. It is a life that belittles so much attention being paid to competition and making material gains merely for their own sake as man's existence has much greater goals to be achieved for his salvation. Islam turns its attention to the process of upbringing and focuses its attention on developing the spirit of thrift, innovation and productive goals in line with its cultural values and guidance. Man is advised to overlook the fierce rat race, which in merely for grabbing more wealth and warns him not to drown himself extravagantly and excessively in lusts and corporal pleasures. Islam calls on man, to vie with his brothers, to create good and give up a part of his property if able in favour of others in need. Man is spurred on by Islamic teachings to shun methods and amass wealth and property, which pollute the spirit, kill the conscience and dispose man to the wrath of Allah. In return, man's reward is ensured in the Hereafter. Undesirable and unproductive ways of accumulating wealth such as usury, hoarding, cheating and other unprincipled methods are forbidden by Islam. There are bountiful texts and concepts in the Holy Our'an and the Prophetic sunnah that instead nurture a noble human spirit and promote the qualities of altruism and benevolence deep in man. Allah, the Almighty, says in the Our'an: "And those who made their abode in the city and in the faith before them love those who have fled to them, and do not find in their hearts a need of what they are given, and prefer (them) before themselves though poverty may afflict them, and whoever is preserved from the niggardliness of his soul, these it is that are the successful ones." Holy Qur'an (59:9) "Say: In the grace of Allah and in His mercy, in that they should rejoice; it is better than that which they gather." Holy Qur'an (10:58) B- Laws are the second method employed by Islam to limit ways of accumulating riches and prohibit amassing through unlawful means that do the utmost harm to the community and feeds off the blood of the impoverished social class. It is the state that takes the responsibility of achieving economic justice as it is responsible far justice in every social realm. That is why laws strictly forbid usury, hoarding, cheating and manipulating prices ...etc. The state's responsibility is to protect and enforce laws and also to prevent such unlawful practices. The letter written by Imam Ali (a.s.) to Malik al-Ashtar, his governor in Egypt, clearly testifies to this required intervention, when saying: "Keep an eye on the activities of traders and industrialists, whether they are nearby or live in far-flung areas in your country. "Let it be known to you, however, that they are usually stingy misers, intensely self-centered and selfish, suffering from the obsession of grasping and accumulating wealth. They often hoard their goods to make more profit out of them by creating scarcity and black markets. Such practice is extremely injurious to the public on one hand, and defames the ruler on the other. "So put an end to hoarding up wares because the Holy Prophet (s.a.w.) has prohibited it. Remember that trade should go on between purchasers and suppliers according to correct measures and weights, and on such responsible terms that neither the consumers nor the suppliers should have to face losses. But if traders and industrialists carry on hoarding and black marketeering, even though you have explicitly warned them earlier, then you must punish them according to the intensity of their crime." 5. Economic balances by means of Islamic taxes: Islam has laid down certain taxes like zakat (poor-rate) and khums (one-fifth of a Muslim's income paid to the treasury every year). They are taken from the well-off according to certain provisions, and delivered up to the destitute to satisfy their needs, solve the problem of poverty, and in doing so achieve economic justice. The ultimate goal of Islam here is to meet the economic needs of all Muslim individuals, so that no one is left deprived in the whole Muslim World. Imam Ja'far bin Muhammad al-Sadiq (a.s.) is reported to have said: "Surely, Allah the Almighty and Exalted ordained a portion from the wealth of the rich to be handed out to the poor which satisfies them. Otherwise, He would certainly have increased their share. If they, however, remain unsatisfied, that is because some people deny them their undisputed right."[12] In a dialogue between the Prophet (s.a.w.) and a man who came asking him about faith, the Prophet (s.a.w.) described zakat as a redress for the poor and a means to ensure a balance between the needy and the rich. The man narrated that he had asked the Messenger of Allah (s.a.w.) what he called for and describes the following dialogue. "I call the servants of Allah to serve Allah," the Prophet (s.a.w.) replied. "What do you say?," I enquired. "Bear witness," the Prophet (s.a.w.) said, "that there is no god but Allah and that I, Muhammad, am the Messenger of Allah. You must believe in what He revealed to me, deny the deity of al- at and al-Uzzah, keep up prayer and pay zakat." "And what is zakat?," I asked him. "The well-off among us," he told me, "hand back the money set aside to the poor among us."[13] Looking at the statement of the Messenger of Allah (s.a.w.) in his using of the verb "hand back," the Prophet (s.a.w.) reveals the objective basis on which the process of economic distribution in Islam depends, and the secret of the balance of its concept of eeonomic justice in human society. The Prophet (s.a.w.) thus points out the effective role of Islamic taxes in addressing defeats in economic life. The reason behind that, in the light of the Prophet's statement, is that surplus wealth that ought to be distributed fairly and evenly among individuals, goes directly, due to mismanagement, to the pockets of the well-off and tips the scale at the expense of the poor. Hence, the redress is made by handing back the money to their original and lawful owners, namely the poor. The Prophet's statement sheds a glaring light on Islam's view of one of the main pillars on which distribution is based. It is the belief that these taxes are a lawful guarantee to protect the right that slips out of the hands of the poor, due to the self human attempts to bend the law or on the account of human failure in raising itself to the level where it can implement this natural law in economic life. These taxes underpin the ground on which the pillars of just distribution stand, in order to preserve the economy's stability, secure welfare to everyone and ensure balance is addressed on both sides of the economic scale.
6. Reciprocal social responsibility: Reciprocal social responsibility among Muslims is a further important safeguard towards a just distribution of wealth and combatting destitution and poverty in the Muslim community. From an Islamic education, Islamic sentiments are developed for a Muslim to feel responsible for his brother. On no account should be bask in life pleasures and luxuries whereas his brothers suffer from the severe pains bitter hunger, and unsatisfied needs. Islamic law lays down the principle of reciprocal social responsibility on spiritual and moral grounds to implement such concerned behaviour. By so doing, Islam build up a strong, tenacious society, in which the individual shoulders his duties by identifying with his suffering brothers. Numerous traditions and narrations emphasize this principle and urge Muslims to share the burden uniformly. The Noble Messenger (s.a.w.) is quoted to have said: "Never does he believe in me who goes to bed full while his neighbour is hungry. Never shall Allah on the Day of Judgement look with favour at the people of a place who pass their night satisfied but among them is a hungry one."[14] He also said: "Surely he is not a Muslim who does not take interest in the affairs of Muslims. And surely he is not a Muslim who hears a Muslim calling for help and does not respond to his call."[15] He further said: "All of you are leaders and all of you are responsible for your subjects." On this point Imam Ja'far al-Sadiq (a.s.) is quoted to have said: "The right of the Muslim on the Muslim is that he should never eat his fill while his brother suffers, never should be quench his thirst while his brother suffers thirst, never should he clothe himself while his brother suffers inadequate clothing."[16] Another tradition reads: "Any believer who denies another faithful something he can certainly offer him or can do for him, on his own or with others' help, Allah shall certainly resurrect him on the Day of Judgement black-faced, with withered eyes and hands tied up to his neck. Someone shall cry out, 'This is the traitor who betrayed Allah and his Messenger.' Then he shall be ordered to be thrown into hell-fire." Deep in themselves, Muslims feel great human sentiments. With such cooperative, kindly manners, Muslims treat one another. They only act incompatible ways with Islam's excellent teachings, which leave their mark far more than any material and corporal power could do. Muslims move to act, urged by the reward stored for them and by their implanted benevolence more than by the whip of the dictatorial authority.
7 Economic security: In Islam, state is liable for the demands and needs of every single subject, be he Muslim or non-Muslim, should he be unable to provide for himself, through his own personal resources or his sponsor. This point is best explained again in the letter Imam Ali (a.s.) wrote to his governor in Egypt, Malik al-Ashtar: "Then I want to caution you about the poor. Fear Allah about their condition and your attitude towards them. They have no support, no resources and no opportunities. They are poor, they are destitute and many of them are crippled and unfit for work Some of them, come out begging and some (who maintain self-respect) do not beg, but their condition screams about their distress, poverty, destitution and wants. So, protect them and their rights. Allah has laid the responsibility of this on your shoulders. You must fix a share for them from the government treasury. Beside this reservation in cash, you must also reserve a share in kind of crops...etc. from government grain stores in cities, in which such grain are collected and cultivated on state-owned lands. Because in this collection, the share of those living far away from any particular city is equal to the share of those living nearby". Islamic law, made by this quotation, allots sums of money from the treasury to support the infirm and needy, who can no longer work or that their incomes fall short of covering their expenses. It states clearly the principle the state's responsibility for economic security that applies to every citizen, irrespective of his/her religion. It is narrated that one day Imam Ali (a.s.) saw a Christian dimmi (non-Muslim citizen living in an Islamic state) begging. Amir al-Mu'minin (a.s.) asked: "Who is this?" "Oh Amir al-Mu'minin!," said people, who were present. "He is a Christian." "You employed him," Amir al-Mu'minin (a.s.) retorted, "until he become old and infirm then you denied him help. Spend on him from the treasury."[17]
8. Lawful sources of wealth. Sources of ownership, or the means by which man can gain wealth, property and amenities of life, are looked upon by Islam as important matters, which define the identity of the economic system, its method of distributing wealth among members of society, fighting poverty and need, and rooting out greed, exploitation and unlawful ways of gaining wealth. Islam sets two key ways of gaining wealth which are work and need. They are lawfully accepted ways of ownership.[18]
A- Employment and natural resources: One may work in agriculture, mining, industry or any field of production or one may give one' s services in the fields of medicine, engineering, transportation, education, trade...etc. In Islam, employment in any field of lawful activity, is the chief way of acquiring wealth and money. Islam lays out great emphasis on the personal role in securing wealth and obtaining money, as we have previously detailed.
B- Need: In the same way Islam made work a legal way of getting money and wealth, it made need a source of ownership for wealth to fight destitution and poverty. But ownership here is different from the former one. For ownership, in the first case, is the fruit of the direct interaction between man, nature or raw materials, or services rendered to satisfy some needs. Man here becomes entitled to ownership in return for the fruits of his labour. As for ownership by need, it is the process of conveying property or wealth from one owner to another one on account of the need for it by the new owner. In order of precedence, the latter kind of ownership comes second to the first one. Ownership by need is placed in the category of owning something by inheritance and maintenance as in the case given by the husband to his wife. The needy, who cannot work, due to bodily infirmity or can finds no work, has a share in the money set aside from the taxes of zakat and khums, or from the money allotted by the state to meet the needs of the impoverished. The ultimate result of this economic system being put into practice is that every single member of the Islamic community becomes economically secure. He neither fears poverty nor does he worry about his daily life. On the contrary he feels secure, and has confidence in the community and state he lives under its shade. Once this unmatched economic system is implemented, and security in welfare prevails along side with stability. All man's efforts then are channelled into one conduit, which is the competition to do good and to work for building and constructing a society far removed from in fighting and aggressive and destructive erosions. Praise be to Allah, Lord of the world. Salient Features of Islamic Banking and Finance SEPTEMBER 28, 2012 EBTIHAJ OBAIDI NO COMMENTS Islamic Shariah is not only the law but beyond the law. It is a compound of Religious, Economical, Social, Political and personal private life. Islam is based on three pillars which are called Aqidha, Shariah, and Akhlaq. And what we are trying to discuss is the other economic activities. In this field of life, all the banking and financial activities are performed. For the Muslims, these activities have to be according to the principles of Islamic Shariah. Here, I would like to mention the four (4) sources of Shariah. Primary source of Shariah is Quran which gives main beliefs, principles and wide-ranging directives of Allah (SWT). Quran say; Verily, this Quran guides to that which is best, and gives glad tidings to the believers who do good that there will be a great reward. (17:9). All the Rulings derived explicitly from Quran are Obligatory (Farz) and its refusal is Kufr. The secondary source of Shariah is called Sunnah which includes Sayings, Practices, Silent Approvals of Hazrat Muhammad (SAWS) and the practices of four Caliphs and other companions of Hazrat Muhammad (SAWS). Sayings of Hazrat Muhammad (SAWS) are also called Ahadith. Ahadith act for Quranic teachings and directives as interpreter and explainer. Third source of Shariah is called Ijmaa. It is the consensus of Islamic Jurists on a specific issue. In Ijmaa, there should be a consensus of all the Islamic Jurists to the rulings. Fourth source of Shariah is called Qiyaas the Analogy. In order to apply Qiyaas to similar cases, the reason of the Islamic rule must be clear. Basic concepts and philosophy of banking system is the financial intermediation between the financier and entrepreneur. Lending and borrowing is very much easy with these financial institutions. It is very helpful sector to settle the recoveries. Government is controlling banking sector with the help of State Bank of Pakistan (SBP). Salient features of Islamic Banking and Finance can be explained as; There is no financing for activities which are prohibited be Islamic Shariah. Interest is prohibited, so there is no involvement of Interest in Islamic Banking transactions. Risk sharing, all the Islamic Banking product are considered as a risk sharing. Risk sharing is the base of Islamic Banking. Sanctity of the contracts, purity is the main focus of Islamic Banking in its contracts. All the financing of Islamic Banking is for economic purposes, economic well being is the utmost priority of Islamic Banking There is no exploitation for financier and borrower in Islamic Banking. All the dealings are fair. Islamic Banking values goods and services which produces real wealth in the economic well-being. Profit is shared on the pre-agreed profit ratio in Islamic Banking between the financier and fund manager. Islamic Banking is actively participating in trade and production of the economy. An Islamic Approach to Business Ethics Dr Sabahuddin Azmi [1]
What is Ethics? Ethics may be defined as the set of moral principles that distinguish what is right from what is wrong. Ethics has a twofold objective: it evaluates human practices by calling upon moral standards; also it may give prescriptive advice on how to act morally in a given situation. Ethics, therefore, aims to study both moral and immoral behaviour in order to make well-founded judgments and to arrive at adequate recommendations. Sometimes ethics is used synonymously with morality. An action, which is morally right, is also called an ethical one. Codes of morality are called ethical codes. Business ethics can also be defined as business morality.
Business Ethics Business Ethics is the branch of ethics that examines ethical rules and principles within a commercial context; the various moral orethical problems that can arise in a business setting; and any special duties or obligations that apply to persons engaged in commerce. Generally speaking, business ethics is a normative discipline, whereby particular ethical standards are formulated and then applied. It makes specific judgments about what is right or wrong, which is to say, it makes claims about what ought to be done or what ought not to be done. Generally speaking, business ethics is concerned with the study of what is good and bad, right and wrong, and just and unjust in business.
Ethics in Islam Islam places the highest emphasis on ethical values in all aspects of human life. In Islam, ethics governs all aspects of life. Ethical norms and moral codes discernable from the verses of the Holy Quran and the teachings of the Prophet (sws) are numerous, far reaching and comprehensive. Islamic teachings strongly stress the observance of ethical and moral code in human behaviour. Moral principles and codes of ethics are repeatedly stressed throughout the Holy Quran. Besides, there are numerous teachings of the Prophet (sws) which cover the area of moral and ethical values and principles. Says the Holy Quran:
You are the best nation that has been raised up for mankind; You enjoin right conduct, forbid evil and believe in Allah. (3:110)
The Prophet (sws) also says:
I have been sent for the purpose of perfecting good morals. (Ibn Hambal [1] , No: 8595)
This goes without saying that there is a general consensus among human beings about certain fundamental ethical values. However, the Islamic ethical system substantially differs from the so-called secular ethical systems as well as from the moral code advocated by other religions and societies. In the Islamic scheme of things, adherence to moral code and ethical behaviour is a part of I%man (faith) itself. According to the Islamic teachings, Muslims have to jealously guard their behaviour, deeds, words, thoughts, feelings and intentions. Islam asks its believers to observe certain norms and moral codes in their family affairs; in dealings with relatives, with neighbours and friends; in their business transactions; in their social affairs, nay in all spheres of private and public life. Islam has its own distinctive value-based ethical system for business dealings. It prescribes certain specific guidelines for governing business ethics. It (i) enumerates the general ethical rules of business conduct, (ii) identifies ethically desirable forms of business, and, (iii) specifies the undesirable modes of transactions. Given the nature of Islamic ethical and moral codes, it would be beyond the capacity of one paper to fully comprehend the subject. In the following pages, our effort will be to confine ourselves to the discussion of some specific principles of business ethics in Islam.
Freedom of Enterprise Islam gives complete freedom to economic enterprise. Each individual in an Islamic society enjoys complete freedom in the earning of his livelihood. He can start, manage and organize any kind of business enterprise within the limits set by the Islamic Shariah. However, freedom does not and must not operate without a sense of responsibility. An individual is free to pursue his economic activities provided he respects the code of conduct prescribed for the profession, which broadly means choosing things lawful and shunning matters unlawful. The dictates of the Holy Quran and the teachings of the Prophet (sws) serve to set a scale in everybodys mind to distinguish between the lawful and the unlawful means of earning, and to prohibit or disapprove of all things that are either morally wrong or socially unacceptable. Islam, as a matter of principle, prohibits all activities which may cause harm either to the traders or the consumers in the market. It encourages the prevalence of free market where everyone earns his sustenance without government intervention. However, it puts certain restraints in order to eliminate the incidence of injustice and check malpractices and unlawful operations. In all other respects market in Islam is free from any state intervention. However, if the people fail to take guidance from the Holy Quran in matters relating to business transactions, an Islamic state will strive to organize the market transactions on sound Islamic principles. Freedom of enterprise in an Islamic market will, therefore, be regulated by the (i) dictates of the Holy Quran and the teachings of the Prophet Muhammad(sws) and (ii) the directives of the temporal authority. During the early centuries of Islam, this function was mainly performed by the institution of Muhasbah (headed by a Muhtasib or market inspector). The institution of Muhasbah was an important institution whose functions were broad-based and multifarious, chief among them being keeping a watch on the harmful practices prevalent in the market and the society and checking the incidence of injustice and malpractices in the market.
Islamic Tenets Concerning Business Transactions
Islam demands a certain type of behaviour from the economic agents the consumers and the producers. The behaviour prescribed for the economic units of the society are so devised as to lead to a happy state of affairs, which is the ultimate goal of Islam. An Islamic market is characterized by certain norms that take care of the interests of both the buyer and the seller. There are a number of rules of ethical discipline in Islamic commercial transactions without which business contract would be regarded as lacking perfection in the light of the code of good manners, decency and ethical excellence. Some of these tenets are as follows:
Keenness to Earn Legitimate (Halal) Earnings Islam places great emphasis on the code of lawful and unlawful in business transactions. Many Quranic verses disapprove the wrongful taking of the property. Says the Holy Quran:
Do not devour one anothers property wrongfully, nor throw it before the judges in order to devour a portion of others property sinfully and knowingly. (2:188)
Do not devour anothers property wrongfully unless it be by trade based on mutual consent. (4:29)
The above verses prohibit the believers in no uncertain terms to devour the property of others by illegal means. The Prophet (sws)endorsed the importance of legitimate ways of earning in the following words:
Asked what form of gain is the best? [the Prophet] said, A mans work with his hands, and every legitimate sale. (Ahmad, No: 1576)
From the above it is clear that a Muslim trader must be determined to earn only through legitimate means. He should not only avoid illegitimate means in earning his provisions and livelihood but also distance himself from matters dubious and doubtful. The Prophet(sws) is also reported to have said:
Leave what makes you doubt for things that do not make you doubt. (Tirmidhi, No: 2442)
Things legitimate and illegitimate are clearly defined in Islam and, in between them, are doubtful things, which should be avoided. A true Muslim businessman should be wary of the doubtful things in order to keep himself clear in regard to his faith and his honour because one who falls into doubtful matters is sure to fall into that which is unlawful (Haram). A tradition of the Prophet (sws) states:
A time will come upon the people when one will not care as to how he gets his money whether legally or illegally. (Bukhari, No: 1941)
Foremost among the unacceptable business practices strongly condemned in Islam is Riba. Riba (interest), by definition, is the extra sum the moneylender charges from the borrower for deferred payment. Islam has forbidden all forms of Riba since it involves both oppression and exploitation. Islam strictly forbids this form of tyrannical dealings and condemns it in severe terms. The Holy Quransays:
Allah has permitted trading and forbidden Riba (usury). (2:275)
Devour not Riba doubled and re-doubled. (3:130)
It further states:
O you who believe! fear Allah and give up what remains of your demand for usury if you are indeed believers. If you do it not, take notice of war from Allah and his Apostle: but if you turn back you shall have your capital sums; deal not unjustly and you shall not be dealt with unjustly. (2:278)
The Sunnah [2] is equally emphatic in denouncing Riba. The Prophet (sws) is reported to have said:
May Allah send down His curse on the one who devours Riba and the one who pays it and on the two witnesses and on the person writing it. (Ahmad, No: 624)
These and many other verses of the Quran and traditions of the Prophet (sws) clearly demonstrate that all those business transactions which involve interest in one form or other, are unlawful in the sight of Islam. According to the Quranic teachings there is a clear distinction between genuine business profits and interest; while the former is recommended and desirable, the latter is hated and undesirable.
Trade through Mutual Consent Mutual consent between the parties is a necessary condition for the validity of a business transaction. It, therefore, follows that a sale under coercion is not acceptable in Islam. A sale transaction is to be regarded as legal only if it is made through the mutual consent of the parties concerned. Taking advantage of someones plight and charging high price is also a form of pecuniary exploitation and as such forbidden in Islam. The Holy Quran says:
O you who believe! eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual goodwill: nor kill [or destroy] yourselves: for verily Allah has been to you Most Merciful. (4:29)
Thus two key elements of general theory of contract are endorsed emphatically in these verses: mutual consent and gainful exchange. One can also find importance of mutual consent for legality of a business deal. The Prophet (sws) is reported to have said:
A sale is a sale only if it is made through mutual consent. (Ibn Majah, No: 2176)
Truthfulness in Business Transactions Islam encourages truthfulness in business transactions and raises the status of a truthful merchant so much so that he will be at par with the holy warriors and martyrs, in the Hereafter. The Prophet (sws) is reported to have said:
The truthful merchant [is rewarded by being ranked] on the Day of Resurrection with prophets, veracious souls, martyrs and pious people. (Tirmidhi, No: 1130)
The Prophet (sws) has also exhorted the believers to strictly adhere to truthfulness in business transactions. He says:
The seller and the buyer have the right to keep or return the goods as long as they have not parted or till they part; and if both the parties spoke the truth and described the defects and qualities [of the goods], then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost. (Bukhari, No: 1937)
The tradition implies that Allah blesses business dealings if both the buyer and the seller are true to each other. Telling lies and hiding facts will result in the loss of divine blessing. A tradition reads.
The Holy Prophet said: Traders are wicked people. The Companions asked: O Messenger, has Allah not permitted business? The Messenger replied: Of course He has declared trading lawful. But they (i.e. the traders) will swear by Allah and do evil, they will not speak but tell lies. (Ahmad, No: 14982)
Trustworthiness in Business Transactions Trustworthiness is one of the most important principles of ethical discipline in commercial transactions. Trust is a moral virtue and duty incumbent on a Muslim in the performance of his affairs. It demands sincerity in work and purity of intention from every believer. A true Muslim trader will not, therefore, barter his Akhirah (hereafter) for worldly gains. He will avoid fraud, deception, and other dubious means in selling his merchandise. The sense of mutual trust demands that the pros and cons of commodity be revealed to the buyer so that he purchases the commodity in full satisfaction. Says the Holy Quran:
O you believers! Do not betray Allah and the Messenger, nor knowingly, betray your trusts. (8:27)
Generosity and Leniency in Business Transactions One should be lenient and generous in bargaining. Therefore, whoever demands his debt back from the debtor should do so in a decent manner. The Prophet (sws) invokes Allahs mercy thus:
May Allahs mercy be on him who is lenient in his buying, selling, and in demanding back his money [or debts]. (Bukhari, No: 1934)
The Prophets exhortation to Muslims means that a creditor should be easy and generous in demanding back his money. The debtor, in turn, should also give back the debt to the creditor on time with due thanks and politeness. The Prophet (sws) was the best of all people in repaying the debts.
Abu Rafi reports that the Prophet (sws) took a young camel on loan. When camels came to him in charity, he asked Abu Rafi to give the creditor a young she camel. Abu Rafi pointed out that there was no young camel except for a fouryear old camel of a very good quality. The Prophet (sws) said: Give him the best one, for the best amongst you is he who repays the rights of others handsomely. (Muslim, No: 3002)
Honouring and fulfilling Business Obligations Islam attaches great importance to the fulfilment of contract and promises. Islamic teachings require a Muslim trader to keep up his trusts, promises and contracts. The basic principles of truth, honesty, integrity and trust are involved in all business dealings. The HolyQuran emphasizes the moral obligation to fulfil ones contracts and undertakings. A verse states thus:
O you who believe! Fulfil [your] obligations. (5:1)
A tradition of the Prophet (sws) states thus:
The Muslims are bound by their stipulations. (Abu Daud, No: 3120)
Another tradition condemns promise-breaking as the hallmark or trait of a hypocrite:
If he makes a promise, he breaks it, and if he makes a compact, he acts treacherously. (Bukhari, No: 32)
In order to safeguard the interest of both the buyer and the seller it is desirable, according to the Islamic teachings, to clearly define all the necessary details concerning the business deal. Each business contract should clearly specify the quality, the quantity and the price of the commodity in question. Thus, in a business contract the offer and acceptance should be made between the parties concerned on a commodity which is with the buyer and, which he is able to deliver. Any commodity which is non-existent or not deliverable is not allowed to be transacted. A contract must be explicit with regard to the rights and obligations of the parties concerned so that it does not lead to disputes and disagreements between them.
Fair Treatment of Workers Islam puts certain conditions and restrictions to obviate the chances of bitterness between the employer and employees. Islam encourages and promotes the spirit of love and brotherhood between them. According to the Islamic teachings it is the religious and moral responsibility of the employer to take care of the overall welfare and betterment of his employees. Fair wages, good working conditions, suitable work and excellent brotherly treatment should be provided to the workers. The last Prophet of Allah (sws) has explained this principle in the following words:
Those are your brothers [workers under you] who are around you, Allah has placed them under you. So, if anyone of you has someone under him, he should feed him out of what he himself eats, clothe him like what he himself puts on, and let him not put so much burden on him that he is not able to bear, [and if that be the case], then lend your help to him ( . Bukhari , No: 2359 )
The Prophet (sws) also said :
I will be foe to three persons on the Last Day: one of them being the one who, when he employs a person that has accomplished his duty, does not give him his due . ( Bukhari , No: 2109 )
The Prophet (sws) is also reported to have said :
The wages of the labourers must be paid to him before the sweat dries upon his body. (Ibn Majah, No: 2434)
Prohibited Matters in Business Transactions
So far we have focused on one aspect of the business ethics guidelines prescribed by Islam for conducting business transactions. Another aspect of business ethics is the various forms of unethical business practices a Muslim businessman must avoid in his business dealings. Some of these prohibited and undesirable business practices are as follows:
Dealing in Prohibited (Haram) Items Dealing in unlawful items such as carrion (dead meat), pigs and idols is strongly prohibited in Islam. Dead meat would mean the flesh of any bird or animal dead from natural causes, without being properly slaughtered in an Islamic way. A Muslim, therefore, will not eat the flesh of such an animal or bird. Flesh of an electrocuted animal, or of an animal killed by the blow of a blunt weapon, and of the strangled one is also proscribed in Islam. Also proscribed is the flesh of the animal that has been killed or slaughtered in ways other than Islamic. It is, therefore, not permissible for a Muslim to trade in dead meat. Likewise, trading in pork or intoxicants and sale of idols and statues is not permitted in Islam. A verse of the Holy Quran says:
Forbidden to you [for food] are: dead meat, the blood, the flesh of swine and that on which name of other than Allah has been mentioned. (5:1)
The Holy Quran also says:
O you who believe! intoxicants and gambling [dedication of] stones and [divination by] arrows are an abomination of Satans handiwork: so avoid it in order that you may prosper. (5:90)
The Prophet (sws) is also reported to have said;
Allah and His Messenger made illegal the trade of alcoholic liquors, dead animals, pigs and idols. (Bukhari, No: 2082)
The Prophet (sws) also said;
If Allah makes something unlawful, he makes its price also unlawful. (Ahmad, No: 2546)
Sale of Al-Gharar (Uncertainty, Risks, Speculation) In Islamic terminology, this refers to the sale of a commodity or good which is not present at hand; or the sale of an article or good, the consequences or outcome of which is not yet known; or a sale involving risks or hazards where one does not know whether at all the commodity will later come into existence. Such a sale is strictly prohibited in Islam because the quality, whether good or bad, is not known to the buyer at the time of the deal and there is every possibility that the contract may give rise to disputes and disagreements between the concerned parties. The Prophet (sws), therefore, prohibited the sale of what is still in the loins of the male; or sale of whatever is in the womb of a shecamel; or sale of birds in the air; or the sale of fish in the water, and any transaction which involvesGharar. (i.e. anything that involves deception). He also forbade the sale of fruits before they look healthy and also the sale of crops until the grain hardens. Nevertheless, such advance sales would be acceptable if the element of Gharar does not exist and the quality and the quantity of the goods are pretty well known and predictable.
Arbitrarily Fixing the Prices Islam grants absolute freedom to traders provided they adhere to the code of lawfulness. It does not, therefore, encourage the practice of pricefixing and leaves the traders to earn the profits from each other within the lawful limits. As a matter of principle public authorities are not allowed to fix the prices of commodities by force. This is because rise and fall in the prices are linked to various factors other than the greediness of the traders and fixing the prices may endanger both public and private interests. It is reported that once the prices shot up during the period of the Prophet (sws). The people said:
O Messenger of Allah! Prices have shot up, so fix them for us. Thereupon the Messenger of Allah said: Allah is the One Who fixes prices, withholds, gives lavishly, and provides, and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property. (Tirmidhi, No: 1235)
However, the role of public authorities comes into play if it becomes absolutely essential to do so, especially in order to prevent exploitation and other unjust practices in the market. Thus, if a trader adopts unfair means, charges unjust prices and indulges in undercutting with a view to doing harm to the smaller traders, public authorities have the right to intervene in the market. They can and should take steps to fix or control the prices so as to eliminate injustice from the market and allow the trader to earn reasonable profit and the buyer to pay a just and equitable price.
Hoarding of Foodstuff The Arabic word for hoarding is Ihtikar. It means storing foodstuffs or withholding them in expectation of rise in their prices. Sometimes, a handful of traders operating in the market buy the entire quantity of an item, rice for example, and store it up with the object of selling it later at the time of scarcity to draw maximum profit out of it and to dictate the prices. The consumers are left with no choice but to purchase the article concerned from the one who hoards, as he is the only one in the market who holds it. Sometimes, a trader hobnobs with the suppliers who will only sell their merchandise to him. As a result, he holds the entire stock of the essential items that other traders do not possess. He is, therefore, in a position to dictate his terms in the market and sell them at an exorbitantly high price to the needy people. This is an unjust practice and a clear case of exploitation and deservedly condemned by Islam. The Prophet (sws) is reported to have condemned the hoarders when he said:
No one hoards but the traitors (i.e. the sinners). (Abu Daud, No. 2990)
He (sws) also said:
The importer [of an essential commodity] into the town will be fed [by Allah], and the hoarder will have [Allahs] curse upon him. (Ibn Majah, No: 2144)
Exploitation of ones Ignorance of Market Conditions One of the most common unethical practices in modern business is to exploit ones ignorance of market conditions. Sometimes it may happen that a buyer arrives in a town with objects of prime and general necessity for selling them in the market. A local trader may persuade the new-comer to transfer all of the goods to him so that he will sell them on his behalf in the market. He obtains the commodities on a price that is lower than market price and then sells them at a high or exorbitant price. Islam condemns this act of intermediary intervention which involves exploitation of ones ignorance of market conditions. The practice was prevalent in pre-Islamic society. The Prophet (sws) has prohibited this practice through a number of instructions. A tradition reads:
A town dweller should not sell the goods of a desert dweller. (Bukhari, No: 2006)
Al-Najsh (Trickery) The term Al-Najsh means an action in which a person offers a high price for something, without intending to buy it, but just to cheat or defraud another person who really means to buy it. The person practising it may collaborate with the seller to offer high prices in front of the buyers merely as a means to cheat them. This type of fraudulent transaction is totally prohibited in Islam. The Prophet(sws) is reported to have said:
Do not harbour envy against one another; do not outbid one another [with a view to raising the price]; do not bear aversion against one another; do not bear enmity against one another; one of you should not enter into a transaction when the other has already entered into it; and be fellow brothers and true servants of Allah. (Muslim, No: 4650)
As is clear from the above, Islam also forbids the practice of sale over sale and purchase over purchase. This means that it forbids someone to offer a higher price for a commodity after the deal has been accomplished between the parties. Obviously he is offering a higher price in order to spoil the agreement reached between the parties. As a result of this offer the buyer may feel tempted to cancel his contract to sell it at a higher price. It may give rise to disputes and disagreements between brothers. Hence it is strictly prohibited in Islam.
Cheating and Fraud in Business Transactions The traders and businessmen generally have a tendency to motivate the customers by adopting fraudulent business practices. Islam strongly condemns all such practices in business transactions (Al-Ghashsh). The Messenger of Allah has commanded the believers not to indulge in cheating and fraudulent practices in business transactions. Sale of dead animal, dubious and vague transactions, manipulating the prices, selling the items belonging to a desert dweller by a townsman Al-Najsh (trickery), false eulogy and concealment of defects are all examples of cheating and fraud i.e. Al- Gashsh. The Prophet (sws) has strongly condemned all such practices in a number of traditions and the believer to abstain from them. The Prophet (sws) is reported to have said:
The seller and the buyer have the right to keep the goods or return them as long as they have not parted. He also said that if both the parties have spoken the truth and described the defects as well as the merits thereof (the goods), they would be blessed in their deal. If they have told lies or concealed something, then blessings of their transaction would be lost. (Bukhari, No: 1937)
Swearing The traders often take recourse to swearing to emphasize that their items are of good quality. They claim qualities in the merchandise, which dont exist. They try to persuade the buyers to purchase their commodity by invoking Allahs name. Swearing in business for such purposes is forbidden in Islam, be it false or true. False swearing is an act of sin punishable by hellfire. Swearing by Almighty Allah is too great a thing to be used as a means to sell a commodity. The desirable thing in business transaction is that both the buyer and the seller remain straightforward and truthful in their dealings, so that no one will feel the need to swear by Allah in order to create conviction in the mind of the other party. The Prophet (sws) is reported to have said:
Swearing [by the seller] may persuade the customer to purchase the goods but the deal will be deprived of Allahs blessing. (Bukhari, No: 1945)
Giving Short Measures Another form of deceit is to manipulate weights and measures. It refers to the act of taking full measures from others and giving them short measures in your turn. Giving short measures was a common malaise plaguing the pre-Islamic days. The community of the Prophet Shuayb (sws) was known for practising it with impunity. Consequently, they were destroyed for their persistence in deceit and disbelief in Allah and His Messenger. Allah the Almighty has repeatedly commanded exactitude in weights and measures. One of the verses says:
And give full measure when you measure, and weigh with a just balance. That is good and better in the end. (17:35)
Dealing in Stolen Goods Almighty Allah has declared thievery unlawful and warned of severe punishment such as cutting the hand of the thief from the wrist joint if the necessary legal conditions for the award of punishment are met. Even if the thief escapes worldly punishment and gets away with stolen goods, it is not permissible for a Muslim to knowingly purchase or sell these items. The stolen items are neither to be bought nor sold by those who know the reality. The Prophet (sws) made the person knowingly buying a stolen commodity a partner to the crime. He said:
The one who knowingly purchases a stolen good, is a partner to the act of sin and the shame. (Kanz Al-Ammal, No: 9258)
Conclusion In modern times business ethics has become a major topic of discussion among business communities and other related organizations. Each and every society has evolved ethical and moral codes of conduct for business transactions. However, the Western secular ethical values are by and large supposed to be utilitarian, relative, situational and devoid of any spiritual sanctioning power. The Islamic ethical codes, on the contrary, are humane rather than utilitarian or relative. They are good for all times and absolute. Ethical and moral codes in Islam are part of the overall Islamic faith and observing them will not only lead to a happy state of affairs in this world but also holds the promise of manifold returns in the Hereafter. Islamic ethical and moral codes thus create a sense of responsibility and accountability in the minds of the believers, be they buyers or sellers. Our effort in this paper has been to present the Islamic perspective concerning business ethics. As we saw, the ethical code of Islam is multidimensional, far reaching and comprehensive. Islamic ethical framework is repeatedly stressed throughout the Holy Quran , and the teachings of the Prophet and encompass all spheres of life including business financial dealings and obligations. The fundamental codes of moral behaviour such as truthfulness, trustworthiness, generosity and leniency, adherence to business commitments and contracts, fair treatment of workers, avoidance of evil practices (such as fraud, cheating, deceit, hoarding of foodstuff, exploitations, giving short measures etc.) provide, to a large extent, the general background of Islamic business ethics. The writer believes that there is a pressing need to study and implement Islamic moral values in the context of the present day business situations . Business Ethics in Islam By Dr. Muzammil Siddiqi As Muslims, we have to adhere to ethical standards, not only in business but also in all aspects of life. Both business and ethics are interrelated. There is a reference to this point in the Quran: For you in the Messenger of Allah is a fine example to follow (Al-Ahzab 33:21). It is worthy stressing here that when Muslims stick to ethics in their daily lives, they will become good examples to emulate. Perhaps this will help rectify some aspects of the distorted image about Islam. Thus they will to some extent become worthy ambassadors of their religion.
Prophet Muhammad (pbuh) was an ideal human being. He was the best teacher, preacher, and guide; the best statesman, lawgiver, judge, diplomat, negotiator of treaties, and military commander; the best family man, a good husband, a kind father, a good neighbour, and friend of his people. He was also a very honest and successful businessman. The Prophet was chosen by God to be His last prophet at the age of 40. Before that he was very much involved in business. He was born in Makkah, frequented by caravans from Syria in the north and Yemen in the south. The Prophet would join these caravans and that is how he traveled to Syria, Yemen, Bahrain, and many other places in Arabia. Some historians have also suggested that he probably traveled to Iraq and Ethiopia. From his early age, he was involved in commerce. He had a good reputation as a hardworking, truthful businessman. It was due to this reputation that Khadijah, a wealthy businesswoman, hired him to work for her business. Many people in Makkah had asked for her hand and worked for her, but they either cheated her or she was not satisfied with their work. Finally, she found Muhammad (he was not a prophet at that time) and she asked him to work for her. He made several business trips. She was impressed with his work as well as his impressive personality, they later got married. After marrying Khadijah, the Prophet took several business trips throughout parts of Arabia. Ancient Arabia used to have commercial fairs in almost all major towns and regions; it is probable that the Prophet visited some of these commercial fairs. After becoming a prophet, his business activities decreased, although he would occasionally participate in business transactions. His vast business experience helped him in dealing with people with great care. He often used to mention the names of people and tribes whom he met in his journeys. People were often amazed of his knowledge of people and their regions. The Prophet emphasized that honesty and kind dealings with customers are the secrets of success in business. He said, The truthful and honest merchant is associated with the Prophets, the upright and the martyrs (Al-Tirmidhi). God shows mercy to a person who is kindly when he sells, when he buys and when he makes a claim (Al- Bukhari). The Prophet gave many teachings on business and economic issues, he covered almost every aspect of business and economics. Here are only a few major principles of fair business dealings according to Islam. 1. No fraud or deceit, the Prophet (pbuh) is reported to have said, When a sale is held, say, Theres no cheating (Al-Bukhari).
2. Sellers must avoid making too many oaths when selling merchandise. The Prophet (pbuh) is reported to have said, Be careful of excessive oaths in a sale. Though it finds markets, it reduces abundance (Muslim). 3. Mutual consent is necessary. The Prophet (pbuh) is reported to have said, The sale is complete when the two parties involved depart with mutual consent (Al-Bukhari). 4. Be strict in regard to weights and measures. The Prophet (pbuh) is reported to have said, When people cheat in weight and measures, their provision is cut off from them (Al-Muwatta). He told the owners of measures and weights, You have been entrusted with affairs over which some nations before you were destroyed (Al- Tirmidhi). 5. The Prophet forbade monopolies. Whoever monopolizes is a sinner (Abu Dawud). 6. Free enterprise, the price of the commodities should not be fixed unless there is a situation of crisis or extreme necessity. 7. Hoarding merchandise in order to increase the prices is forbidden. 8. Transaction of haram items, such as intoxicants, are forbidden. The Prophets general advice to all people was, What is lawful is clear and what is unlawful is clear, but between them are certain doubtful things which many people do not recognize. He who guards against the doubtful things keep his religion and his honour blameless, but he who falls into doubtful things falls into what is unlawful, just as a shepherd who pastures his flocks round a sanctuary will soon pasture them in it. Every king has a sanctuary, and Gods sanctuary is the things he had declared unlawful (Al-Bukhari). The Role of Business Ethics Today Business people and their enterprise require to be reminded about their role and responsibilities. The following issues need special attention in the present scenario. 1. Globalization should mean that all people are considered to comprise one family. All human beings should be treated with respect, equality, and fairness. Exploitation of one group by another should stop. There should not be any division among people because of their race, colour, nationality, gender, or faith.
2. The resources of the Earth are not only for us, we share this biosphere with other species, and so we take care not to waste or destroy them.
3. We should use the Earths resources with great care and should remember that we have a duty to leave this world in a better condition for the posterity.
4. Human beings are one family, although we have our differences. Diversity is natural and beautiful. We should try to understand other peoples religions and cultures and we should be sensitive to their feelings and emotions.
5. The universal golden rule states, Like for others what you like for yourself. We should try to empower others and work to eradicate poverty, hunger, illiteracy, disease, and unsanitary conditions in order to live in peace and tranquility.
6. Businesses should promote ethical standards in their enterprise, People involved in business should always be honest, truthful, and fulfil all promises and commitments. We must eliminate fraud and cut-throat competition.
7. We should also promote more political freedom, open debates, participatory democracies.
8. We must encourage and support an educational system that promotes openness, dialogue and that which guards against fanaticism. Our educational system should not teach every view in the absolutist terms. Our children should be taught about the multitude of perspectives and one should be open to other points of view.