1

ETHICS AND FIQH FOR

EVERYDAY LIFE
(UNGS 2050)
STANDARD CONTENTS
Department of General Studies, 2010
WEEK 1
STRUCTURE AND FOUNDATIONS OF
ETHICS IN ISLAM
1. Definition of Ethics
2. The Importance and Significance of Ethics in Islam
3. The Structure of Islamic Ethics
Definition of Ethics
Literally: The term ethics is derived from the Greek
word thiko (moral) and thos (character). [1]
It is often used synonymously with the term
morality.
[1] Encyclopedia Americana, International Ed., Grolier, Danbury, 2000, Vol.10,
p.610.
Technically:
The study of morality.
Ethics
The values or rules of conduct
and character held by an indivi-
dual or a group=morality/morals
3
Cont
Ethics in Arabic is ilm al-akhlq (science
of morality), which is the branch of
knowledge that studies akhlq (morals).
al-Akhlq (the plural of khuluq/

) refers
to morality, which means a nature, or an
innate disposition or temperament.
The proper signification of khuluq is the
moral character; or the fashion of the inner
man; his mind or soul and its peculiar
qualities and attributes.
4
Cont.
Al-Ghazali calls ethics, the science of the
path of the Hereafter (ilm tariq al-akhirah),
or the path trodden by the prophets and
righteous ancestors (al-Salaf al-Salih).
He also calls it the science of practical
religion (ilm al-muamalah).
Ethics for al-Ghazali is the study of
certain religious beliefs (itiqadat) and of
rightness and wrongness of action for the
purpose of practice and not for the sake of
mere knowledge.
5
Major Concerns
a) The nature of ultimate values (ethical principles).
b) The standards by which human actions can be
judged as right or wrong, and good or bad
(ethical judgments),[1]
- Ethics, thus, is not only of universal application,
but it refers to constant elements of human
nature.[1]
[1] Encyclopedia Britannica, Vol. 18, p.492.
[1] James Hastings, Encyclopedia of Religion and Ethics, Vol.6 p.414.
6
2
The Importance and Significance of Ethics in
Islam Morality/ good moral character is:
- The spirit of Islam
- The validation and authentication of Iman
1- Morality as the spirit of Islam
Islam teaches us to have:
Good relationship with human
beings = good morality.
Good relationship with Allah in
its spiritual sense.
7
:

( )
The Prophet (s.a.w.) said: I have been sent
(as the Messenger of Allah) only for the
purpose of perfecting good morals. (hadith,
al-Bukhari)
A Muslim is as stated in the following hadith:
The Prophet (s.a.w.) said: A Muslim is the
one who avoids harming Muslims with his
tongue and hand (hadith, al-Bukhari)
8
Cont
Even pure worship (ibadat) is for moral
purposes. Examples:
al-Salah:
...

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

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

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

( : 197 )
whoever determines the performance of the pilgrimage
therein, there shall be no lewdness (depravity) nor
abuse nor angry conversation on the pilgrimage(2: 197).
10
Cont
Morality as Validation of Iman
Definition of Iman:
The Prophet (s.a.w.) said: Iman has over
sixty branches (parts): the highest of which
is the belief that nothing deserves to be
worshipped except Allah and the lowest of
which is the removal from the way of that
which might cause harm to anyone. And
modesty (haya ) is a branch of it.
(hadith, al-Bukhari and Muslim)
11
Conviction Foundation Roots
Profession Declaration
Practice Validation Nourishment
Cont
3
The Prophet (s.a.w.) said: The man who has these
three habits is a hypocrite even if he observes fast,
offers prayers, performs umra (pilgrimage), and
claims to be a Muslim: when he talks he speaks
untruth, when he makes a promise he does not keep
it, and when he is given something in trust, he
commits dishonesty. (hadith, Muslim)
Lacking in good morals = Lacking in faith (iman)
The Prophet (s.a.w.) was asked: Which Muslim has
the perfect faith? He replied: He who has the best
moral character. (hadith, Tibrani)
The level of faith (iman) is proportional to the level
of morals
13
Cont
The Prophet (s.a.w.) said: He who believes in
Allah and the Last Day of Judgment is forbidden
to cause any harm to his neighbour, is to be kind
to his guests especially the strangers, and is to
say the truth or else abstain. (al-Bukhari and
Muslim)
The Prophet (s.a.w.) said: None of you will have
faith (will be a true believer) till he wishes for his
(Muslim) brother what he likes for himself.
(Hadith, al-Bukhari and Muslim)
Good morals are conditions of validity of Iman
14
Cont

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

( : 82 )
Those who have Faith and work righteousness.
They are the ones who shall be rewarded with
Jannah. therein they shall have an everlasting life.
(2: 82)
15
Cont
1. Individual benefits:
Good morals = voluntary worship
The Prophet (s.a.w.) said: A believer by virtue of his
good morals may attain the status of one who fasts
(voluntary fast) regularly and performs prayer at night.
(hadith, Abu Dawood)
The dearest one to Allah:
When the Prophet (s.a.w.) was asked: Amongst the
subjects of Allah who is the dearest to Him. He replied:
One who possesses the best moral character. (hadith,
Ibn Haban)
16
Why we have to be moral people?
Good morals eliminate sins bad morals spoil
virtues
The Prophet (s.a.w.) said: Courtesy and good morality
melt the sins just like water melts the ice. And immorality
spoils good deeds as vinegar spoils honey. (hadith)
The Prophet (s.a.w.) also said: A certain woman is
famous for her voluntary prayers, fasting and charities,
but she harms her neighbours. She is in Hell. Another
woman does not do much by way of voluntary prayers
and fasting and she gives pieces of cheese in charity but
she does not harm her neighbours. She is in the
Paradise. (hadith)
17
Cont
2. Social benefits:
Stable, secure, and harmonious society.
Directing civilization to a just end (civilization = to do
what can be done. Ethics = what should be done, what
should not be done).
Strong and peaceful family life.
Good leadership.
Building good reputation.
Wining hearts of people.
18
Cont
4
The Prophet (s.a.w.) said: Fear Allah wherever
and whenever you are (obey his obligations
and avoid his prohibitions) and follow your sins
with virtues so that it will eliminate it, and treat
people with high morals. (hadith)
The Prophet (s.a.w.) also said: Do not follow
others blindly and say: if people do good, we do
good too, and if they do injustice, we do too.
Rather, make up your minds for yourselves and
if people do something good, do it too, but if
they do something unjust, do not do it
yourselves. (hadith)
19
Cont
Structure of Islamic Ethics
1. Spiritual training and its enhancement.
2. Academic / Intellectual training.
3. Moral training and its enhancement.
4. Practical training and the application of morality.
1. Spiritual Training and Its Enhancement
Purifying
The soul, faith
And
actions
Observing
Salat al-Nawafel
&
Fasting
Following
Lessons from
Pious
People
Obeying/
Practicing
Life of the
prophet
Reciting and
Understanding
The
Quran
To be closed
To
Allah
Spiritual
training
2. Academic / Intellectual training
Thought for
Life after
death
Love of the
Prophet
Improving
Relationship
With
Allah
Lives of
Sahaba
&
Salihin
Attaining
Knowledge and
Doing virtues
Motivation
&
Determination
Sensitivity
&
consciousness
Academic
training
3. Practical Training and Its Enhancement
Setting up
As a model
Enjoining
&
Forbidding
Social change
&
Social
Training
Establishment
Of
adalah
Striving and
Searching
The truth
Companionship
Of
Good
Practical
Training
4. Moral Training / Application
Performing an
Obligatory acts
Enjoining
&
Forbidding
As a means
Divine religion
As the source
Prophets
Excellent
example
Reform of Self
Moral
Training
5
Fields of Ethics
Normative Meta-ethics Applied
1. Normative ethics:
Seeks to set norms and standards for conduct
General theories about what one ought to do.
2. Meta-ethics:
Systematically studies and investigates the meanings
and sources of ethical principles (terms, arguments
and judgments).
3. Applied ethics:
Application of normative theories to practical moral
issues/ problems.
25
WEEK 2
1. The Relationship between Ethics, Fiqh and Law.
2. Inculcation of Moral Values
Morality / Ethics and Law
Both law and morality are the basis of actions.
Law provides a series of public statements (a
legal code), or system of dos and donts to
guide humans in their behavior and to prevent
them from doing harm to others and violating
their rights.
Morality provides a similar system though might
not be in written form.
Morality provides reasons behind any significant
laws governing human beings and their
institutions.
Morality precedes law.
Law is taken to be concerned with acts, rather
than attitudes.
27
In morality, by contrast, bad intentions may
sometimes amount to a moral wrong. On the
other hand, good intentions are in themselves
good values.
Morality is wider than law. What is moral is not
necessarily enforced through law. But there are
some things which are governed by law (driving
on the left or right side of road) which are
presumably matters of indifference from a moral
point of view.
28
Cont
Conformity between Morality and Law
Islamic Law:
- Law should be a reflection of Islamic morals.
- Laws, rules and regulations are not supposed to be
against Islamic moral principles
Secular Law:
The relationship between law and morality is not
entirely reciprocal. What is moral is not necessarily
legal and vice versa.
Many practices have been inscribed in the law, that
are clearly immoral (e.g., homosexuality, same sex
marriage, mercy killing, abortion, usury, changing
munkar ).
29
Sanctions: If you break the law, you may be
fined or imprisoned or executed. Various
bureaucracies exist precisely to hand out legal
sanctions. If you do something that is morally
wrong (but not also illegal), however, no similar
bureaucracy is going to come after you.
Instead, according to the Revealed Religion you
suffer a punishment on the Day of Judgment.
In non-religious worldviews you may suffer the
sense of guilt in your own conscience, or your
reputation may be jeopardized, or you may be
blamed by people.
30
Cont.
6
Morality and Etiquette
For the most part, etiquette pertains to
norms that are of little ethical significance.
It concerns form and style rather than the
essence of social existence.
Etiquette determines what is polite behavior
rather than what is right behavior in a deeper
sense. It represents societys or religions
decision about how we are to dress, greet one
another, eat, celebrate festivals, express
gratitude and appreciationetc.
31
Inculcation of Moral Values
1. Willingness and Determination (Azm).
2. Motivation (Raghbah & Rahbah).
3. Training and habituation (Tadrib).
4. Environment (Biah).
32
33
Willingness and Determination (Azm)
- To account and improve ones character in light of the
Quran
- To reinforce the character as a result of acting
frequently accordingly, and considering it to be
satisfactory.

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

mountain which, he is afraid, may fall on him; whereas
the wicked person considers his sins as flies passing
over his nose and he just drives them away like this.
(hadith)
Cont.
Cont.
Motivation (Raghbah & Rahbah).
To remember rewards & punishments
Models & Ideals
Reciting the Quran
Reading Sirah
Reading the biographies of pious people
34
Cont
Training and Habituation (Tadrib).
Acquiring a good character by habituation requires constant
perseverance. One who wants to acquire a good character
by relying on this method must engage in a moral struggle
(mujahadah) and constantly persevere (must be ready to
take pains) until a certain good act or character is acquired
and a bad one refined.
An action will be considered to have become ones nature
and habit if he or she feels pleasure in performing it.
35
Cont
According to Imam al-Ghazali:
1) Obtainment of pleasure is the criterion for the
acquisition of a virtue (al-Fadhilah).
2) Perseverance in good deeds throughout life is
necessary.
One who feels joy when performing a good act is
therefore considered to have succeeded in his or
her struggle to acquire a good act.
One who feels joy when performing a good act does
not hesitate to perform it.
7
Habituation as a method of achieving a good
character is found in many ethical works of
philosophers. Thus Imam al-Ghazali is not the only
one who has discussed this method.
For Imam al-Ghazali this method is regarded as the
most effective and usual way of acquiring good
qualities of the soul and it is applied by him in every
part of his ethical system.
Cont Cont
The Prophet (s.a.w.) said: Adopt truth, for truth leads
to righteousness, and righteousness leads to
Jannah. A person speaks the truth regularly and
adopts truthful ways till he is recorded as a truthful
person. And keep away from falsehood, for
falsehood leads to wickedness, and wickedness
leads to the Hell. A person tells lies regularly and
attaches himself to falsehood till he is recorded as a
liar. (hadith, al-Imam al-Nawawi, Riyad al-Salihin)
38
Truth righteousness Jannah
Tell truth regularly truthful person
Falsehoodwickedness Jahannam
Tell lies regularly liar
39
Cont
Cont.
Environment (Biah)
The Prophet (s.a.w.) said: The similitude
of a good company and that of a bad
company is that of the owner of misk
(perfume) and of the one blowing bellows
(iron-smith). The owner of perfume would
either offer you for free of charge or you
would buy it from him or you would smell
its pleasant odour. The one who blows
bellows he would either burn your clothes
or you shall have to smell its bad smell.
(hadith)
40
41
WEEK 3
CORE MORAL VALUES IN ISLAM
1. The Concept of Amanah (Trust)
2. The Concept of Adl (Justice) vs. Zulm(Tyranny)
42
The Prophet (s.a.w.) said: The person who does
not keep trust has no Iman (faith) and the person
who does not respect his covenant [promise] has no
religion. (hadith)
The Prophet (s.a.w.) also said: The signs of a
hypocrite are three:
1. Whenever he speaks, he tells a lie.
2. Whenever he promises, he always breaks it (his
promise ).
3. If you trust him, he proves to be dishonest. (If you
keep something as a trust with him, he will not
return it.)" (Hadith, al-Bukhari)
42
The Concept of Amanah/ Trust
8
43
The Prophet (s.a.w.) was asked: "When would
the Hour (Doomsday) take place?" He replied:
"When honesty is lost, then wait for the Hour
(Doomsday). (Hadith)
In another hadith the Prophet (s.a.w.) was
asked: How will that (honesty or trust) be lost?
The Prophet (s.a.w.) said, When the power or
authority comes in the hands of unfit persons,
then wait for the Hour (Doomsday.) (hadith)
(Doomsday = chaos = disorder)
43
Cont
44
What is Amanah?
44
Amanah
Responsibility Honesty
Sincerity
Trustworthiness
45
- To fulfill ones responsibility towards his Lord as
well as to that of humans.
- To be honest and sincere in doing things.
- To keep deposits properly and use them according
to the terms and conditions of the owner.
- Antonym for Amanah is Khiyanah (betrayal)
45
Cont
46
Aspects of Amanah
46
Vicegerancy
Family
Deposits
Secrets
Work/ public office
Wealth & abilities
Amanah
47
1. The Amanah of Taklif:
To inhabit this world
to be vicegerents of Allah
to fulfill the purpose of our creation
to implement His laws on this earth

( : 72 ) .
We offered the trust unto the heavens and the
earth and the hills, but they shrank from bearing it
and were afraid of it. And man assumed it. He was
indeed tyrannous and ignorant. (33: 72)
47
Cont
48
2. The Amanah of Family
To fulfill our responsibilities towards our family
members and provide them with guidance and
maintenance,
The Prophet (s.a.w.) said: Every one of you is a
guardian and every one will be asked about his
subjects... A man is the guardian of the persons in his
household and he will be answerable about them. A
woman is the guardian of her husbands house and
she will be asked about her responsibility (hadith)
48
Cont
9
49
3. The Amanah of Returning Deposits to Their
Owners:
{

... } ( : 58 .)
Surely Allah commands you to render back trusts to
their owners. (4: 58)
4. The Amanah of Keeping Secrets:
Maintaining secrecy and confidentiality of what is
required to be confidential is a trust.
The Prophet (s.a.w.) said: What is said in meetings
and meant to be confidential is a trust. (hadith)
49
Cont
50
5. The Amanah of Work and Public Office:
The Prophet (s.a.w.) said: Whomsoever we have
given some post and he has concealed a needle or a
thing smaller than that, then it will be a
misappropriated thing with which he will have to
appear on the Day of Judgment. (hadith)
The Prophet (s.a.w.) also said: When the
administrator is given a job, he should receive his due
and should pay the dues of others, then he is like a
fighter in the cause of Allah till he returns home.
(hadith)
50
Cont
51
6. The Amanah of Wealth and Abilities:

".
The Prophet (s.a.w.) said: Before the end of the
Day of Judgement everyone will be questioned
about the following: (1) In what did he spend his
life?; (2) What did he do with his knowledge?;
(3) From where did he get his wealth and on what
did he spend it?; and (4) In what did he use his
physical and mental faculties? (hadith)
51
Cont
52
THE CONCEPT OF JUSTICE (ADL)
Adl (Justice) means to place things in their rightful
places.
The term adl implies:
Giving people what they deserve,
Impartiality,
Saying the truth,
Avoiding oppressing others,
Avoiding bias and prejudice,
Being balanced in ones views and
judgements.
52
53
Forms of Expression in the Quran
- al-Adl () and its derivatives = 10
(2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8),
(6:152), (42: 15)
- al-Qist () and its derivatives = 18
(3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29),
(10: 4, 47, 54), (11:85), (21: 47), (55: 9), (57:25), (5:
42), (49: 9), (60: 8).
- (balance)
53
Cont
54
Forms of Justice
54
Judging between people
Sayings
state of mind/
way of thinking
way of treating
people
Justice
10
55
1. Justice in Judging between People/Judicial
Justice:
Judges, mediators, arbiters
To be impartial in judging between people (more in
legal ethics)
{

} ( : 58 ) .
Surely Allah commands you to render back trusts
to their owners and that when you judge between
people you judge with justice; surely Allah
admonishes you with what is excellent; surely Allah
is Seeing, Hearing. (4: 58)
55 56
{

} ( : 42 ) .
Listeners for the sake of falsehood! Greedy for illicit
gain! If then they have recourse unto you
(Muhammad) judge between them or disclaim
jurisdiction. and if you turn aside from them, they shall
not harm you in any way. But if you judge, judge
between them with equity; surely Allah loves those
who judge equitably. (5: 42)
56
Cont
57
2. Justice in Sayings:
To say the truth and bear witness with justice:
- With enemies:
{

} ( : 8 ) .
O you who believe! Be upright for Allah, bearers of
witness with justice, and let not hatred of any
people incite you not to act justly; deal justly, that is
nearer to piety, and Observe your duty to Allah;
surely Allah is Aware of what you do. (5: 8)
57 58
- Against oneself & relatives
{

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

( : 135 )
O you who believe! stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be against rich or
poor: for Allah can best protect both. Follow not the lusts
(of your hearts), lest you will be deviated from the right
way (4: 135)
58
Cont
59
3. Justice in Treating People
a) To avoid oppressing others and abusing their
rights
b) Social and economic justice:
- People should be given equal opportunities.
- People must be given the right to private
ownership and freedom of economic pursuit.
- The wealth of the individuals should be fully
protected.
- Redistribution of wealth / Zakah + charity.
59 60
- Social welfarefund:

( : 7 )
That which Allah gives as spoil unto His messenger from
the people of the townships, it is for Allah and His
messenger and for the near of kin and the orphans and
the needy and the wayfarer, so that it may not become a
commodity between the rich among you. And whatsoever
the messenger gives you, take it. And whatsoever he
forbids, abstain (from it). And keep your duty to Allah.
Surely Allah is stern in reprisal. (59:7)
60
Cont
11
61
c) Political justice:
- Shurah: people have right to decide how to
and who is to manage their affairs.
- Fair representation of different groups.
(d) J ustice on the family level:
- Justice between children
Nu'man b. Bashir reported: My father donated to me
some of his property. My mother said: I shall not be
pleased with this act until you make Allah's
Messenger (s.a.w.) a witness to it.=
61
Cont
62
=My father went to Allah's Messenger (s.a.w.) in order
to make him the witness of the donation given to me.
Allah's Messenger (saw) said to him: Have you done
the same with every son of yours? He said: No. The
Prophet (saw) said: Fear Allah! And observe justice
among your children. My father returned and got
back the gift. (hadith)
62
Cont
63
- Justice to wives/ husband
{

} ( : 3 ) .
And if you fear that you cannot act equitably
towards orphans, then marry such women as seem
good to you, two and three and four; but if you fear
that you will not do justice (between them), then
(marry) only one or what your right hands possess;
this is more proper, Thus it is more likely that you will
not do injustice. (4: 3)
63
Cont
64

( : 129 )
You will not be able to be completely just between
wives, even if it is your ardent desire. But dont
turn altogether from one, leaving her as in
suspense. If you do good and keep from evil, Allah
is ever forgiving, merciful. (4:129)
64
Cont
65
e) J ustice in weighing and measuring:

( : 35 )
And give full measure when you measure, and
weigh with a right balance; this is fair and better in
the end. (17: 35)
65
Cont
66
4. Justice as a State of Mind/ Way of Thinking:
To be moderate and balanced in our views,
especially in making judgments on things and
people.
This would be achieved through looking at both
merits and demerits of things and persons,
considering the consequences, weighing between
benefits and harm, understanding the causes and
reasons behind peoples actions, etc.
66
12
67
Requirements of Justice
a- On the Individual Level:
1. To keep in mind the dire consequences of injustice
{

( 42 )

( 43 ) } ( )
And do not think Allah is unaware of what the unjust
do; He only respites them to a day on which the eyes
will stare in terror. As they come hurrying on in fear
their heads upraised, their gaze returning not to
them, and their hearts vacant. (14: 42-43)
67 68

( : 41 - 42 )
And whoever defends himself after his being
oppressed, there is no way of blame against
them. The blame is only against those who
oppress mankind, and act in defiance of right and
justice (and wrongfully rebel in the earth) these
shall have a painful punishment. (42: 41-42)
68
Cont
69
2. To Distance Oneself from Oppressors

( : 113 )
And do not incline to those who are unjust, or the
Fire will seize you, and you have no guardians
besides Allah, then you shall not be helped.
(11:113)
69 70
3. To examine whatever we hear before acting
against people on mere suspicion

( : 6 )
O you who believe! If an untrustworthy person
comes to you with any news/ report, look carefully
into it, lest you harm people in ignorance, then be
sorry for what you have done. (49:6)
70
71

( : 12 )
O you who believe! Avoid most of suspicion, for
surely suspicion in some cases is a sin. (49:12)
71
Cont
72
b- On Societal Level:

( : 25 ) .
We verily sent Our messengers with clear proofs, and sent
down with them the Book and the balance that men may
conduct themselves with equity; and We have made the iron,
wherein is mighty power and (many) uses for mankind, and that
Allah may know who supports Him and His messengers, though
unseen; surely Allah is Strong, Almighty. (57: 25)
72
13
73
1- The Book: that refers to the just and perfect laws.
2- The Balance: that refers to the knowledge and
wisdom of the judge by which he can weigh
contradictory pleas and evidences to come out with
a just decision.
3- The Iron: that refers to power and authority.
Usually justice cannot be implemented without
authority. It needs to be imposed on wrongdoers
and tyrants.
73
Cont
74
Injustice / Tyranny / Zulm
Placing something not in its proper place
To go beyond the limit of what is morally or legally
acceptable
To exceed the limits of our rights / power / authority
To cause harm and injury to others.

( : 49 )
Nay, here are Signs self-evident in the hearts of
those endowed with knowledge: and none but the
unjust reject Our signs. (29:49)
74
75
Cause of Injustice vs. Requirements
of Justice
Cause of injustice:
Hatred enemies + opponents
Love and favor relatives + cronies
Self-interest and greed
Ignorance
Hasty decisions
75 76
Injustice leads to bankruptcy:
When the Messenger of Allah asked: Who is a
bankrupt? His companions answered that the
bankrupt is one who has no money. He said: In
my Ummah, the bankrupt is that man who
would appear on the Day of Judgment before
Allah; he had offered prayer; he had paid
Zakah; he had observed fast; but he would
have abused somebody, he would have falsely
accused some one;=
76
Cont
77
=he would have unlawfully taken some one
elses property; he would have murdered
some one; he would have hit some body. All
his virtues would be given to his victims. If his
virtues are finished before his wicked deeds
are finished, then the sins of the victims would
be given to him and he would be thrown into
the Hell. (hadith)
77
Cont
78
WEEK 4
1. The Concept of Birr (Virtue) vs. Ithm(Vice and Evil)
2. Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar
(Enjoining Virtues and Forbidding Evil)
14
79
The Concept of al-Birr vs. al-Ithm Al-birr ()= al-khayr () = Virtue, righteousness,
goodness, benevolence
Al-ithm () = al=Sharr ()= Vice, evil
The Prophet (s.a.w.) said: Virtue is what the soul
is pleased with, and sin is what kindles doubt in
yourself and indecision in your chest when you
give your decision. (Hadith, taken from al-
Ghazali, Mishkat al-Masabih, Vol.3, p. 131.)
79 80
A virtue, from an Islamic perspective, can be
defined as: a belief, act or saying that is
useful and beneficial to mankind and in
compliance with the divine law.
Virtues, in Islam, can be classified under the
following categories:
1- Observing the obligations enjoined by Allah
(s.w.t.) and those acts recommended by Him
to be performed.
2- Refraining from those acts and sayings that
are prohibited by Allah (s.w.t.).
80
Cont
81
3- All acts which are helpful and beneficial to
oneself, his family, relatives, human beings and
animals.
Birr towards oneself.
Birr towards family and relatives.
Birr towards community members and humanity.
Birr towards other creatures.
Birr towards Allah, The Creator of this universe.
81
Cont
82
A vice (sin) is any belief, act or saying that is
harmful to mankind and against the principles of
divine law. Vices/sins can be classified under the
following categories:
1 - Neglect of obligations and duties without legal
justification.
2 - Commission of prohibited acts and sayings.
3 - Abusing the rights of others and causing undue
harm (physical or psychological) to them (any kind
of harm which is not in retaliation to another harm
or which is necessary to remove evil, tyranny or a
greater harm).
82
Cont
83
4- Taking the property of someone without his
consent.
" : " .
The Prophet (s.a.w.) said: The blood, property and
honour of a Muslim must be sacred (forbidden) to
every other Muslim. (hadith)
Ithm (sharr) towards oneself.
Ithm (sharr) towards family & relatives.
Ithm (sharr) towards community members &
humanity.
Ithm (sharr) towards other creatures.
Ithm (sharr) towards Allah.
83
Cont
84

( : 8 - 15 )
So hearken not to those who deny (the Truth). Their
desire is that thou shouldst be pliant (compromise): so
would they be pliant. Heed not the type of despicable
men,- ready with oaths, A slanderer, going about with
calumnies, (Habitually) hindering (all) good, transgressing
beyond bounds, deep in sin, Violent (and cruel),- with all
that, base-born,- Because he possesses wealth and
(numerous) sons. When to him are rehearsed Our Signs,
"Tales of the ancients", he cries! (68: 8-15)
84
Cont
15
85
Allah's Messenger (s.a.w.) said: A charity is due on
every joint of a person, every day the sun rises:
Administering of justice between two men is a
Charity; And assisting a man to ride upon his beast
(vehicle); Helping him load his luggage upon it; And
a good word is a charity; Every step that you take
towards Prayer is a charity; Removing of harmful
things from the pathway is a charity. (hadith)
Allah's Messenger (saw) said: Never does a Muslim
plant trees or cultivate land and birds or a man or a
beast eat out of them but that is a charity on his
behalf. (hadith)
85
Cont
86
:


: : . :

We were with the Messenger of Allah (s.a.w.) during a
journey. He went to ease himself. We saw a bird
with her two young ones and we captured her young
ones. The bird came and began to spread its wings.
The Apostle of Allah (peace be upon him) came and
said: Who grieved this for its young ones? Return
its young ones to it. (hadith)
86
Cont
87
:

.
Allah's Messenger (s.a.w.) said: A woman
was punished because of a cat. She had
neither provided her with food nor drink, nor
set her free so that she might eat the insects
of the earth, until it died. (hadith)
87
Cont
88

( : 177 ) .
88
Cont
89
It is not righteousness that you turn your
faces (in prayer) towards East or West
(2:177)
1. Avoid superficial concepts and rituals,
lifeless formalities and non-effective beliefs.
Righteousness is not merely a matter of void
utterances. It must be founded on strong
Iman and constant practice.
89
Cont
90
...

( :
189 )
It is no virtue if you enter your houses from the
back: it is virtue if you fear Allah. Enter houses
through the proper doors: and fear Allah: that you
may prosper. (2: 189)
but it is righteousness to believe in Allah and the
Last Day, and the Angeles and the Book, and the
Messengers (2: 177)
2. Ones Iman (faith) should be true and sincere.
90
Cont
16
91
to spend of your wealth in spite of your
love for it for your kin, for orphans, for the
needy, for the wayfarer, for those who ask,
and for the ransom of slaves (2: 177)

( : 92 )
3. One must be prepared to show this Iman
(faith) in deeds of charity and kindness to the
relatives and fellow men.
91
Cont
92
to be steadfast in prayer and practice
regular charity;
4. To fulfil religious obligations
to fulfill the contracts which you have
made;
5. Respect others rights and honour ones
words
92
Cont
93
and to be firm and patient, in pain and
adversity, and throughout all periods of
panic... (2: 177)
6. One must be patient and unshakable
in all circumstances.
93
Cont
94
Al-Amru bi al-Maruf wa al-Nahyu An
al-Munkar
(enjoining good and forbidding evil)

( : 110 )
You are the best of the nations raised up
for (the benefit of) men; you enjoin what
is right and forbid the wrong and believe
in Allah. (3: 110)
94
95
Al-Amru bi al-Maruf
Al-Amr: to invite to, to encourage, to promote,
to spread, to command, to
enforce.
Al-Maruf: acceptable
Al-Birr, al-Khayr, virtue, goodness
Al-Amru bi al-Maruf
Inviting people to do goodness
Spreading & promoting virtues
Enforcing goodness
Al-Amru bi al-Maruf = Dawah = advice
95 96
Al-Nahyu an al-Munkar
Al-Nahy: to discourage, to advise not to do
something, to prevent, to prohibit
Al-Munkar: disagreeable
evil, vice
al-Nahyu an al-Munkar:
To discourage/ advise not to do
To prevent/ combat
96
Evil/Indecency
17
97
Levels of
Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar
97
Society
Relatives
Family
98
Means and ways of
Al-Amru bi al-Maruf wa al-Nahyu an al-Munkar
Model = by being a model of Islamic
morals & values
Verbal = words, advice
Writing = newspaper, magazine, books,
novels, cartoons, etc.
Media = all programmes that promote
virtues and goodness, and combat
evil and indecency.
98
99
Changing Munkar
:
:

" . ( )
On the authority of Abu Said al-Khudri (r.a.), who said:
I heard the Messenger of Allah (s.a.w.) saying: He
who amongst you sees something abominable should
modify it with the help of his hand; and if he has not
strength enough to do it, then he should do it with his
tongue, and if he has not strength enough to do it,
even then he should abhor it from his heart, and that
is the least of faith. (hadith, Muslim)
99 100
Whose duty is?
Individual /Community duties

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

( : 104 )
And there may spring from you a nation who invite to
goodness, and enjoin right conduct and forbid indecency.
Such are the ones to attain felicity. (3: 104)
100
101

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

( : 71 (
The Believers, men and women, are protectors one of
another: they enjoin what is just, and forbid what is evil: they
observe regular prayers, practise regular charity, and obey
Allah and His Messenger. On them will Allah pour His
mercy: for Allah is Exalted in power, Wise. (9: 71)
101
Cont
102
Significance of
Al-Amru bi al-Maruf and al-Nahyu an al-Munkar
1- A constant reminder for Muslims
To help each other to follow the guidance of Allah, and
keep on the right path.
{

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

} ( : 1 - 3 )
I swear by the time, most surely man is in loss, save
those who believe and do good works, and exhort one
another to truth and exhort one another to
endurance. (103: 1-3)
102
18
103
2- To safeguard the society against
corruption & evil
Away for:
- Social
- Moral change
- Political
103 104
To protect our selves & families
The Prophet (s.a.w.) said: The example of the people
abiding by Allah's order and restrictions in comparison
to those who violate them is like the example of those
persons who drew lots for their seats in a boat. Some
of them got seats in the upper part, and the others in
the lower. When the latter needed water, they had to
go up to bring water (and that troubled the others) so
they said, 'Let us make a hole in our share of the ship
(and get water) saving those who are above us from
troubling them. So, if the people in the upper part left
the others do what they had suggested, all the people
of the ship would be destroyed, but if they prevented
them, both parties would be safe.(hadith)
104
Cont
105 105
People with good morality
Immoral people
Cont
106
3- To avoid Allahs punishment
{

} ( : 25 ) .
And guard yourselves against a
punishment which cannot fall exclusively
on those of you who are wrongdoers, and
know that Allah is severe in punishment.
(8: 25)
106
107
The Prophet (s.a.w.) said: "By no means, I
swear by Allah, you must enjoin what is
good and prohibit what is evil, prevent the
wrongdoer, bend him into conformity with
what is right, and restrict him to what is
right Or Allah will mingle your hearts
together and curse you as He cursed
them. (hadith)
107
Cont
108
Abu Bakr (RA) said:
You people recite this verse You who
believe, care for yourselves; he who goes
astray cannot harm you when you are
rightly-guided, (5: 10) and put it in its
improper place.
I heard the Prophet () saying: When
people see a wrongdoer and do not prevent
him, Allah will soon punish them all.
108
Cont
19
109
4- Salvation of Mankind
{

} ( : 110 )
You are the best of the nations raised up for the
benefit of mankind; you enjoin what is right and
forbid the wrong and believe in Allah. (3: 110)
109 110
What should we do
if people are not listening?
...

( : 164 )
a group of them said: Why do you preach to a
people whom Allah will destroy or visit with a
terrible punishment?" The preachers said : "To
discharge our duty to our Lord, and perchance
they may fear Him." (7: 164)
110
111
Is this concept against personal
freedom?
Islam does allow constructive interference in
personal affairs of others.
What if personal affairs are violating the rights
of:
1. Allah.
2. Society.
3. Individuals.
111 112
It is no longer a Personal freedom :
When you violate the rights of others.
When you injure other s feelings.
When you commit indecency (munkar)
openly.
When you encourage people to do evil.
112
Cont
113

( : 19 )
Those who like to see scandals and
indecency broadcast/ spread among the
believers, will have a grievous penalty in
this life and in the Hereafter. Allah knows,
and you do not know. (24: 19)
113
Cont
114
How it should be practiced?
In an impressive & convincing manner
In a wise way, so that it may not:
- Make people feel offended
- Lead to a greater evil

( : 125 )
Invite to the way of the Lord with wisdom and
beautiful preaching; and argue with them in ways
that are best and most gracious; for the Lord knows
best, who have strayed from His path, and who
receive guidance. (16: 125)
114
20
115
To avoid words-deeds inconsistency

( : 2 - 3 )
O ye who believe! Why say ye that
which ye do not? Grievously odious
is it in the sight of Allah that ye say
that which ye do not. (61: 2-3)
115
Cont
116
Can one punish the offenders?
One should:
Prevent an offence or evil from
taking place.
Stop it.
Punish the offender.
116
WEEK 5
Family Ethics
117
Meaning of Family Ethics
1. The relationship between husband
and wife.
2. The relationship between parents
and children.
118
118
Family is the basic unit of society,
and therefore, Islam lays great
emphasis on the family system and
its ethical values. The basis of family
is marriage through a legal contract.
Islam prescribes rules to regulate
family life so that both the spouses
can live in tranquility, security and
love.
119
119
The Institution of Family in Islam
Marriage in Islam has aspects of
ibadah (worship) of Allah (God) in
the sense that it is in accordance
with His commandments, where a
husband and wife should love and
help each other and rear their
children to become true vicegerents
of Allah (God) on earth.
Islam considers marriage to be one
of the most virtuous and approved
institutions.
120
120
Cont
21
Family as a Divinely-inspired institution
Marriage has been described as one of the signs of
Allahs power and blessings:

( :
21 )
"And among His signs is that He has created for
you spouses from among yourselves so that
you may live in tranquility with them; and He
has created love and mercy between you.
Verily, in that are signs for those who
reflect."(30:21)
121
121
Family in Islam: Basic Principles
Cont.
- Marriage is part of the Prophets
Sunnah: Marriage is part of my Sunnah
whoever runs away from my path, is
not from amongst us. (Hadith)
- Faith constitutes the bedrock for the
institution of the family a Muslim is not
permitted to marry a non-Muslim.
122
122
Cont
Family institution as a social contract
(nikh means aqd contract, and not a
divine contract in the Qur`n marriage
is referred to (strong covenant)
The only legitimate way to establish
family is through a proper marriage.
Equality of the sexes
123
123
1. Prohibition of looking with desire at the
opposite gender.
2. People should be dressed properly.
3. Prohibition of excessive beautification
4. Prohibition of khalwah
5. Prohibition of boyfriends, girlfriends
124
124
Measures to Avoid Intimate Relationship
Outside the Bond of Marriage
1- Prohibition of looking with desire at the
opposite gender

... *

...
( : 30 - 31 )
Say to the believing men that they lower their
looks and guard their private parts; * And say
to the believing women that they lower their looks
and guard their private parts (24: 30-31).
125
125
2- People should be dressed properly
126
What is a proper dress?
a) It must cover the awrah properly. It is
prohibited for a Muslim to expose his / her
awrah to others, as it is prohibited to look at
the awrah of someone.
The Prophet (s.a.w.) said: A man should not
look at the awrah of another man, nor a
woman of a woman, nor should a man go
under one cloth with another man, nor a
woman with another woman. (Hadith, Muslim)
22
The limits of awrah:
- For a man: from his navel to his knee.
- For a woman:
with respect to a man who is not her
mahram is her entire body except her
face and hands.
with respect to a man who is her
mahram (except the husband) does
not include the following parts: hair,
ears, neck, upper part of the chest,
arms and legs up to knees.
127
Cont
- Other parts from the knees to the beginning of the
upper part of the chest are awrah and should not be
exposed before anyone, man or woman except her
husband.
- Headscarf must cover the bosom

... ( : 31 )
and do not display their ornaments except what
appears thereof, and let them wear their head-
coverings over their bosoms, and not display their
ornaments (24: 31)
128
Cont
b) It must not be transparent, revealing what is
underneath it.
In one hadith the Prophet (s.a.w.) says: I will be a
witness for two types of people who are destined for
the Fire: people with whips, like the tails of cows, who
beat the people (i.e., tyrannical rulers who are the
enemies of their own people), and women who,
although clothed, are yet naked, who would be
inclined (to evil) and make people incline towards it
their hair styled like the humps of camels inclined to
one side. They will not enter Paradise and they would
not smell its odour whereas its odour would be smelt
from such and such distance. (Hadith, Muslim)
129
129
Cont
c) It must be loose and not tight-fitting so as to
define the parts of his / her body.
- This type of clothes falls under the previous Hadith
dressed but yet naked.
- Tight jeans and other types of trousers worn with
sweaters, sweat-shirts or T-shirts are considered un-
Islamic and it is prohibited for a Muslim woman to
wear them outside even during free time.
d) It should not be specifically designed for the
opposite gender.
The Prophet (s.a.w.) cursed women who try to
resemble men and men who try to resemble women,
and prohibited women from wearing mens clothes
and vice versa. (Hadith, Al-Bukhari and others)
130
130
Cont
e) It should not be specifically designed for non-
Muslims (as required by their religion, tradition, or
culture). It does not apply to those clothes which
are common among people and dont carry any
religious or cultural specifications.
The Prophet (saw) said: Whoever imitates a
people is one of them. (Hadith)
f) Men should not use gold and pure silk.
131
131
Cont
Excessive beautification excites people, e.g. (heavy)
make-up, (strong) perfume, and sexy clothes.
132
132
3- Prohibition of excessive beautification

( : 31 )
and let them not strike their feet so that
what they hide of their ornaments may be
known (24: 31)
According to a hadith, when a woman puts
on perfume and goes among people so that
its scent reaches them, she is an adulteress,
and any eye which is attracted to her is that
of an adulterer. (Reported by al-Nisai)
23
Khalwah denotes a man and womans being alone
together in a place in which there is no fear of
intrusion by anyone else, so there exists an
opportunity for sexual intimacy.
Islam prohibits khalwah between a man and a woman
who are outside the mahram relationship.
The term mahram denotes a relationship either by
close blood ties or by marriage of such degree that
marriage is permanently prohibited.
A mahram is: husband, any male relative with whom
marriage is permanently prohibited (father, father in-
law, grandfather, son, brother, uncle or nephew).
133
133
4- Prohibition of Khalwah (Privacy)
The Prophet (s.a.w.) said: Whoever believes in Allah
and the Last Day must never be in privacy with a
woman without there being a mahram (of hers) with
her, for otherwise Satan will be the third person (with
them). (Hadith, Ahmed)
The Prophet (s.a.w.) also said: Beware of entering
where women are. A man from the Ansar asked: O
Messenger of Allah, what about the in-law? He
replied: The in-law is death. (Hadith, al-Bukhari and
Muslim)
134
134
Cont
- It is against the prohibition of looking with desire at
the opposite sex
- It entails privacy (khalwah)
- This practice is automatically accompanied by
having romance or even sex.
135
135
5- Prohibition of boyfriends, girlfriends
The Prophet (s.a.w.) said: A woman is married
for four things, i.e., her wealth, her family
status, her beauty, and her religion. So you
should marry a woman for her religion or you
will be a loser. (Hadith, al-Bukhari)
The Prophet (s.a.w.) said: When someone with
whose religion and character you are
satisfied asks for your daughter in marriage,
accede to his request. If you do not do so there
will be corruption and great evil on the earth.
(Hadith, al-Tirmidhi)
136
136
Criteria of Selecting Spouses
- Religion.
- Character.
- Family status.
- Beauty.
- Wealth.
137
137
Cont
Mutual Rights and Obligations
1. To help each other to follow the right
way and practice Islam and safeguard
him/ her against evil and sins

( : 6 )
O you who believe! save yourselves and your
families from a fire whose fuel is people and
stones, over which are set angels strong,
severe, who do not disobey the commands
they receive from Allah, but do what they are
commanded. (66: 6)
138
138
24
2. To be kind, understanding, forgiving,
and treat the other side in a tender and
loving manner.

: :

" ( : ) .
The best of you are those who are the
best to their families, and I am the best to
my family. (Hadith, al-Tirmidhi)
3. To meet the psychological and
physical needs of the other side.
139
139
Cont
4. Focus on positive aspects and appreciate
them. Avoid focusing on negative ones and
try to toleratethem.
The Prophet (s.a.w.) said: A believer should not
hate his wife merely because she has some
negative traits. If he finds some disagreeable things
in her character, he will appreciate a lot of her good
morals. (Hadith, Muslim)
5. Every side has to avoid any extramarital
intimate relationship, or such relations that
may cast suspicion on his/her behaviour.
140
140
Cont
Duties towards children
1 - Selection of good parents.
2 - Right to legitimacy: legitimate father and mother,
prohibition of legal adoption: the right of the child to
retain his original familys name and to know his
real parents.
3 - Right to life (prohibition of infanticide, abortion).
4 - Right to equal life chances (no discrimination
between male and female).
5 - Right to general care: material, spiritual, and
educational / intellectual.
141
141
WEEK 6
ISLAMIC VALUES RELATED
TO
DIFFERENT PROFESSIONS
LEGAL ETHICS
A. Judges
B. Public Prosecutors
C. Lawyers
Who is the judge?
A Judge is a public officer chosen or elected
to preside over (governe or control) and to
administer the law in a court of justice; one who
controls the proceedings in a courtroom and
decides questions of law or discretion. One who
makes a decision or reaches a conclusion after
examining all the factual evidence presented, or
one who forms an opinion after evaluating the
facts and applying the law.
143
143
A. JUDGES
144
Who can be qualified as a judge?
- A judge should be self-determined to
serve justice and protect the rights of
people.
- A judge should be knowledgeable who
has acquired all the requisites of being
a judge.
144
Cont
25

" . ( : ) .
The Prophet (s.a.w.) said: dJudges are of three
categories: two of them in the Hell and one in
Paradise. The first is one who, knowingly, judges
with injustice, that is in the Hell Fire. The second
is one who is ignorant and judges among people
without knowledge, thus he violates their rights.
He is also in the Hell fire. The third is one who
judges with justice. He will be in Paradise.
(Hadith, al-Tirmidhi)
145
145
Cont
1- To judge with justice
When a judge gives a decision, having tried his
best to decide correctly and is right, there are two
rewards for him; and if he gave a judgment after
having tried his best (to arrive at a correct decision)
but erred, there is one reward for him.
146
146
Ethics and Values of a Judge
a- To base the decision on the evidence available
You bring to me, for judgment, your disputes and some
of you may be more eloquent in their plea than others,
so I give judgment on their behalf according to what I
hear from them. Bear in mind that if I slice off anything
for him (in my judgment) from the right of his brother, he
should not accept that, for I sliced off for him a portion
from the Hell.
b- Self satisfaction that this is the right decision
147
147
Cont
a) Without fear:
-To be a person of principles
- To be independent to avoid all types of pressure
- To be ready to reverse his wrong decisions
b) Without favour:
- Should not sit in a case in which:
- he has personal interest
- close relatives involved
- Neutral = not influenced by personal enmity
148
148
2- To administer justice:
- Fair and equal hearing
When you sit to judge between two litigants,
dont make a decision only after an equal hearing
from both sides.
- Avoid accepting gifts / bribes
Allah cursed the briber and the bribed in making
judgments.
- Should not make a decision when his mind is
confused with anything that may prevent him
from sound thinking.
- Patience; not to misuse his power against litigants
or lawyers.
- To try to get the parties to reconcile whenever
there is a chance for that.
149
149
Cont
Who is a public prosecutor?
A Public Prosecutor is a government official
who conducts criminal prosecutions on behalf of the
state. A prosecutor takes charge of the investigation
once a crime has been committed, presents evidence
at a hearing before a grand jury, and questions
witnesses during the trial.
Apublic prosecutor has:
- To balance between protecting the rights of the society
& the rights of the accused.
150
150
B. PUBLIC PROSECUTORS
26
- To punish people according to the offence
committed.
- To avoid selective prosecution motivated by
personal / political affairs.
- To avoid fabricating evidence or accusations.
- To avoid suppressing pieces of material
evidence.
- Not to prosecute in cases where they have
personal affairs, or close relatives involved.
- To avoid bribes
151
151
Cont
Who is a lawyer?
A Lawyer is one whose profession is to give
legal advice and assistance to clients and
represent them in court or in other legal matters.
Hence, he is a person, who through a regular
program of study, is learned in legal matters and
has been licensed to practice his or her
profession. Any qualified person who prosecutes
or defends causes in courts of record or other
judicial tribunals of the state (s), or who renders
legal advice or assistance in relation to any cause
or matter.
152
152
C. LAWYERS
Duties of Lawyers:
1- Toward justice and society
2- Towards clients
153
153
Cont
1- Lawyers duty toward justice and society:
To secure justice between people:
i. Not to engage himself in tactics that may defeat
the fair administration of justice.
ii. Not to hide the truth.
iii. Not to fabricate evidence.
iv. Not to cross-examine an adverse witness in such
a way to undermine or destroy his true testimony.
v. Not to invoke the rules of evidence to exclude
points that would weigh against his case
which he knows they are true.
154
154
Cont
2- Duties toward clients:
- To fulfil contracts and promises.
- To be honest and sincere in defending them:
- To be honest in advising them
- To defend them to the best of his abilities
- No right to drop/ waive any right of his client
without permission.
- No admission of guilt on behalf of his client
without authorization.
- No disclosure of confidential communications.
- To be lenient and helpful towards poor clients
155
155
Cont
WEEK 7
BUSINESS ETHICS
156
27
- Islam encourages people to acquire wealth and live
a prosperous life.

( : 168 )
O you people: eat of what is on the earth, lawful and
good, and do not follow the footsteps of the evil one.
(2: 168)
157
157
Wealth in Islam
- All things created by Allah are for the us to enjoy
them but in a reasonable way

( : 60 ) .
Eat and drink of the sustenance provided by Allah,
and do no evil nor mischief on the earth. (2: 60)
158
158
Cont
The way of enjoying wealth:

( : 31 )
O children of Adam! Look to your adornment at
every place of worship, and eat and drink and be
not extravagant; surely He does not love the
extravagant. (7: 31)
159
159
Cont

( : 77 ) .
But seek, with the (wealth) which Allah has bestowed
on thee, the Home of the Hereafter, nor forget thy
portion in this world: but do thou good, as Allah has
been good to thee, and seek not (occasions for)
mischief in the land: for Allah loves not those who
do mischief. (27: 77)
- Dont be extravagant.
- Use it to support noble principles & actions/ to
secure a good position on the Day of Judgment.
- Do good to others as Allah has done good to you.
- Dont use it to create mischief on the earth
160
160
Cont
- Zuhd is an Islamic value.
- Zuhd poverty.
- A rich person may be a zahid, while a poor person
may not be a zahid.
A Zahid is one who puts his wealth in his
hand as a means to achieve ideals, ultimate
goals, and supportive principles in this world
as well as to prepare himself for the
Hereafter.
161
161
Zuhd (austerity/ asceticism)
- Begging in Islam is prohibited
The Prophet (s.a.w.) said: The upper hand is
better than the lower one (Hadith)
Qanaa (contentment) is another basic
Islamic value, which means to be happy and
satisfied with what you have after doing your best to
get the best result. Not to look at things which are
not yours.
162
162
Cont
28
Basic facts:
- People will not be questioned on the Day of
Judgment on the amount of wealth they
accumulated. Rather, they will be questioned how
they got it and how they used it.
- Although provision (rizk) is granted by Allah to
people based on their work, it is not an automatic
result of mens work. It is given by the will of Allah
and every one has a limit.
163
163
The Principle of Halal vs. HaramWays
of Earning and Spending

( : 18 - 19 )
Whoever desires this life, We readily grant them
such things as We will, to such person as We will.
And afterward We provided Hell for them; they
will burn therein, disgraced and rejected. And
whoever desires the hereafter and he strives for it
all due striving, being a believer, they are the
ones whose striving is acceptable to Allah. (Al-
Isra: 18-19)
164
164
Cont
Points to ponder!
- Following haram way will never give you, as some
people may think, an additional portion of wealth.
-
- Following halal way will not cause you any loss of
your portion of rizk.
- The principle of halal and haram applies as much
to the spending of wealth as it does to its
acquisition.
165
165
Cont
Why some things are haram?
...

( : 157 )
He commands them what is good and forbids
them what is evil; he allows them as lawful what is
good and prohibits them from what is bad; he
releases them from their heavy burdens and from
the yokes that are upon them. (7: 157)
166
166
Cont
167
Halal work and the
earnings are considered
as ibadah.
Haram earnings and
spending are
unjustified.
167
Benefits of Halal vs. Evils of Haram
Spending from halal
resources is considered
as sadaqah (charity).
Sadaqah from haram
resources will not be
accepted by Allah.
168
168
Cont
The Prophet (s.a.w.) said: If a person earns
property through haram means and then gives
charity, it will not be accepted (by Allah); if he
spends it, there will be no blessing on it; and if he
leaves it behind (at his death), it will be his
provision in the Fire. Indeed, Allah (s.w.t.) does
not eliminate one bad deed by another bad deed,
but He cancels out a bad deed by a good deed.
An unclean thing does not wipe away another
unclean thing. (Hadith)
29
169
Halal earnings will be
blessed by Allah (s.w.t.)
Blessings (Barakah) are
lifted from haram
earnings, and dua
is rejected
169
Cont
The Prophet (s.a.w.) said: 0 people, Allah is
Good and He, therefore, accepts only that which
is good. And Allah commanded the believers as
He commanded the Messengers by saying: O
Messengers, eat of the good things, and do
good deeds; verily I am aware of what you do
(23:51). And He said: 0 those who believe, eat
of the good things that We gave you (2:172)=
= He then mentioned a person who travels widely,
his hair dishevelled and covered with dust. He lifts
his hands towards the sky and, thus, makes the
dua : O Lord, 0 Lord, whereas his food is
unlawful, his drink is unlawful, and his clothes
are unlawful and his nourishment is unlawful.
How can then his dua be accepted? (Hadith,
Muslim)
170
170
Cont
Halal earnings provide
peace of mind and
clear conscience
Haram earnings
lead to guiltiness
1. Protecting the rights of the parties
involved in the contract.
2. Protecting consumer rights.
3. Creating fair competition.
4. Protecting the rights of workers.
5. Protecting public interest / funds.
6. Leniency/ helping others
171
171
Aims of Business Ethics in Islam
a) Mutual consent / agreement
b) To fulfill terms and conditions

... ( : 1 )
O you who believe! Fulfil your contracts and
obligations (5: 1)
The Prophet (s.a.w.) said: Muslims are bound by
all the conditions they have agreed upon, unless a
contract or conditions is against the principles of
Islam in the way of making something haram as
halal or vice versa. (Hadith)
172
172
1- Protecting the rights of parties
involved in the contract
a) To avoid deception & fraud
The Messenger of Allah (s.a.w.) once passed by
a stock of grain. He touched it and felt moisture
inside the stock. He asked the seller what it was.
The merchant said: O Prophet of Allah it was
affected by rain. The Prophet (s.a.w.) said:
Then why you did not place the wet wheat over
the rest of the stock, so people could see it for
themselves. Any one practicing deception has
no relationship with me. (Hadith)
173
173
2- Protecting Consumer Rights
- To avoid selling defective commodities without
informing the buyer about defects contained in
it.
The Prophet (s.a.w.) said: A Muslim is a
brother of his fellow Muslim. It is not lawful for a
Muslim to sell such a commodity that has a
defect, except that the defect is shown to the
buyer. (Hadith)
- To avoid false and misleading advertisement
174
174
Cont
30
- To give accurate weight and measurement
The description of the weigh or measurement
should match the reality

( : 181 - 182 )
Give full measure, and be not of those who give
less than the due. And weigh with the true
balance. (26: 181-182)
175
175
Cont
b) To avoid hoarding essential commodities
(ihtikar)
Hoarding means to collect and keep large amounts of
food without offering it in the market in order to
create artificial scarcity to increase the price
dramatically.
This is usually practised in the periods of crises.
Hoarding is a kind of business exploitation of
consumers. Thus, it is strictly prohibited by Islam.
The Prophet (s.a.w.) said: One who hoards things for
increasing their prices for Muslims is a wrong
doer. (Hadith)
176
176
Cont
c) Prohibition of outbidding
To offer more money than somebody else in order to
unreasonably increase the price without being a
potential buyer
d) The practice of middleman may be prevented to
protect the rights of consumers
- Dwellers of towns may be prevented from selling
the merchandises of farmers/ villagers
- Farmers may be allowed to sell there goods
directly if it is necessary
The Prophet (s.a.w.) forbade the selling of things by
a town dweller on behalf of a countryside dweller
(farmer); and similarly Najash (having somebody to
bid up a price to fool another bidder) was forbidden.
177
177
Cont
a) To avoid misleading advertisement
b) Avoid giving bribes

( : ) .
Abu Hurairah reported that the Prophet (s.a.w.)
cursed the briber and the bribed in making
judgments. (Hadith, al-Tirmidhi)

( : 188 ) .
And do not eat up your property among yourselves
by false means, neither seek to gain access
thereby to the judges, so that you may eat up a part
of the property of others wrongfully. (2: 188)
178
178
3- Fair Competition
- To get advantage / Privilege
- Escape due punishment
- Take the rights of others
c) To balance between competitiveness and co-
operation.
d) To avoid entering in a transaction another person
has already entered into.
Ibn Umar reported Allah's Messenger (s.a.w.) as
having said: A person should not enter into=
179
179
Cont
= a transaction when his brother had already
entered into but not finalized, and he should not
make proposal of marriage upon the proposal
already made by his brother, until he permits it.
(Hadith, Muslim)
The Prophet (s.a.w.) said: and a woman
should not ask the divorce of her sister in order
to deprive her of what belongs to her. (Hadith,
Muslim)
180
180
Cont
31
- Wages and the specification of the work must be
clarified and agreed upon before starting the
work.
- Wages are to be determined by mutual consent.
- A worker is entitled to a fair and just wage for his
work.
- The employee must perform his duties efficiently
and honestly and the employer must pay him his
full wages.
- Wages should be paid without any delay
"

" ( : ) .
The Prophet (s.a.w.) said: Give the laborer his
wage before his perspiration be dry. (Ibn Majah)
181
181
4- Protecting the Rights of Workers
a) Fair recruitment practices
- To avoid discrimination, nepotism, and cronyism.
- An office or a post is a divine trust and, therefore,
it should be offered only to the deserving
persons. Responsibility should be given only to
the person who is able to shoulder it and who
has the capability to do justice to the trust placed
in him.
182
182
5- Protecting Public Interest / Funds
The Prophet (s.a.w.) said: whoever has
appointed an administrator through nepotism
while there was one who was more suitable to
this position than that person, then he has
committed misappropriation against Allah and
His Messenger and all the Muslims. (Hadith)
b) To avoid misappropriation of public funds
The Prophet (s.a.w.) said: Whomsoever we have
given some post and he has concealed a needle
or a thing smaller than that, then it will be a
misappropriated thing with which he will have to
appear on the Day of Judgment. (Hadith,
Muslim)
183
183
Cont
C- To avoid haramtransactions
i. Riba

( : 278 - 279 ) .
O you who believe! Fear Allah, and give up what
remains of your demand for riba (usury), if you are
indeed believers. And if you do not, then be warned of
war against you from Allah and His messenger. And if
you repent, then you shall have your capital; neither
shall you make the debtor suffer loss, nor shall you be
made to suffer loss. (2: 278-279)
ii. Dealing in haram commodities
184
184
Cont

: "

"
( : ) .
The Prophet (s.a.w.) said: May Allah bless the
person who behaves leniently while buying,
selling, and collecting his dues. (Hadith, al-
Bukhari)

( : 280 ) .
If the debtor is in a difficulty, grant him time till it is
easy for him to repay. And if you remit it by way of
charity, that is best for you if you only knew (the
generous reward for this). (2: 280)
185
185
6- Leniency
WEEK 8
INTER-PERSONAL ETHICS
186
32
Six are the rights of a Muslim over another
Muslim:
1. When you meet him, offer him salam;
2. When he invites you to a feast accept it.
3. When he seeks your counsel give him;
4. When he sneezes and says: alhamdulillah,
you say Yarhamuka Allah (may Allah show
mercy to you);
5. When he falls ill visit him; and
6. When he dies follow his funeral.
187
187
General rights of a Muslim over his
fellow Muslims
1- Cooperation:
they have to work in collaboration with each
other in good faith for the best interests of their
institution and the community as a whole.

( : 2 )
And help one another in goodness and piety,
and do not help one another in sin and
aggression. (5: 2)
188
188
Behavior Towards Co-Workers
2- Mutual respect and avoiding interference in others
personal affairs / respect their right to privacy.
It is a sign of sincere faith to avoid interfering in
what does not concern you
3- To share knowledge and experience with others.
- It is the duty of a senior worker to pass his
knowledge and experience to his juniors.
189
189
Cont
- The motto of encouraging people to share
knowledge and experience, is made by Islam as
a continuous charity.
When a person dies he is completely cut off
except from three things: (1) A running charity;
(2) Knowledge that he had taught and remains
put to good use; and (3) Virtuous progeny
praying Allah for him.
- It is also the duty of the new inexperienced workers
to learn for their seniors.

( : 43 )
Ask those who are knowledgeable if you dont
know (16: 43)
190
190
Cont
1 - To obey them and observe the rule of law

( : 59 )
O you who believe! Obey Allah and obey the
Messenger and those in authority from among
you. (4: 59)
There is no submission in matters involving God's
disobedience or displeasure. Submission is
obligatory only in what is good (and reasonable).
191
191
Behaviour toward the Superiors
2 - To give them advice

: "

" ( ) .
The Prophet (s.a.w.) said: Religion is to
give honest advice. We said: For whom.
He replied: For Allah, His Book, and His
Prophet and to Muslim leaders and
public. (Hadith, Muslim)
192
192
Cont
33
1-Consultation (shura) and getting feedback:

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

( : 38 )
And those who answer the call of their Lord and
establish worship, and whose affairs are a matter
of counsel, and who spend of what We have
bestowed on them. (42: 38)
193
193
Behaviour Towards Subordinates
2- To be kind and lenient with them

: "

" ( ) .
The Prophet (s.a.w.) said: O Allah, who (happens
to) acquire some kind of control over the affairs of
my people and is hard upon them-be hard upon
him, and who (happens to) acquire some kind of
control over the affairs of my people and is kind to
them-be kind to him. (Hadith. Muslim)
194
194
Cont
3- To serve themhonestly and sincerely

: "

"
The Prophet (s.a.w.) said: A ruler who, having
obtained control over the affairs of the Muslims,
does not strive for their betterment and does not
serve them sincerely shall not enter Paradise
with them. (Hadith, Muslim)
4- Respect for their opinions and beliefs
195
195
Cont
Allah's Messenger (saw) said: Jibril kept
impressing upon me kind treatment towards the
neighbour that I thought as if he would confer
upon him the right of inheritance.
1- To avoid causing themany kind of harm

" ( : ) .
Abu Huraira narrated that the Messenger of Allah
(s.a.w.) observed: He who does not secure his
neighbour from his wrongful conduct, will not enter
Paradise. (Hadith, Muslim)
196
196
Behaviour Toward Neighbours
2- To help and be kind to them
The Messenger of Allah (saw) said: He
who believes in Allah and the Last Day
should either utter good words or better
keep silent; and he who believes in
Allah and the Last Day should treat his
neighbour with kindness and he who
believes in Allah and the Last Day should
show hospitality to his guest.
197
197
Cont

( : 36 )
Worship Allah, and join not any partners
with Him; and do good to: parents, kinsfolk,
orphans, those in need, neighbours who are
near, neighbours who are strangers, the
companion by your side, the wayfarer (you
meet), and what your right hands possess,
for Allah does not like the arrogant, the
vainglorious (4:36).
198
198
Cont
34

(" : )
Abu Dharr reported Allahs Messenger
(s.a.w.) commanded me that: whenever
you prepare a broth (meat soup), add
water to it, and have in your mind the
members of the household of your
neighbours and then give them out of this
with courtesy. (Hadith, Muslim)
199
199
Cont
Humanity lives today in a global village,
where no people or nation can live in isolation
from and indifferent to what goes on
elsewhere. Our world is so interdependent and
so interrelated that peaceful dialogue has
become an imperative. The basic principles of
constructing good foundations for ethnic
relation in Islam are:
1. Faith in the One Universal God
200
200
Ethnic Relation in Islam: Basic
Principles
2. Allah is One and is impartial toward His
creation. He provides for all, including those
who reject faith in Him or even those who defy
Him.
3. Unity and universality of the core teachings of
all prophets (PBUT).
4. Universal human dignity.
5. Necessity of Islamic Dawah.
6. No coercion in religion.
201
201
Cont
Malaysia is a multi-racial country consisting
of Malay, Chinese, Indian and other minor
races. No doubt, this multi-racial society
enjoys multi- racial cultures, religions and
ways of life. Some differences sometimes
may easily lead to conflicts like what has
happened in 13
th
May 1969, and Kampung
Medan tragedy in 6 March 2001.
202
202
A Case Study of Ethnic Relations:
Malaysian Constitution
Differences and conflicts of interests among
ethnic groups:
a. Social
i. Separation of living places - Malay in rural areas,
Chinese in towns and Indian estates.
ii. Separation in education system every ethnic
group has its own system.
b. Economic
i. Differences in working sectors.
ii. The domination of economic sectors.
203
203
Challenges
c. Political:
Racial politics voices of their ethnics
strengthening and bolding the racial sentiments.
(ex. UMNO for Malay, MCA for Chinese and
MIC for Indian
d. Religious, language and cultural:
The differences in these values lead to:
1. Racial interests choosing friends, jobs and
living partners;
2. Polarization between ethnic groups.
204
204
Cont
35
Islam, the official religion of this country as stated
in the constitution, accommodates the needs of
every ethnic group without discriminating their
rights and values. The core teachings of Islam,
which are universal in nature, are against the
compulsion on other religions. Therefore, Islamic
teachings construct the basic foundations for a
multi-racial and multi-religious country, i.e.,
Malaysia. The first Islamic constitution drafted by
the Prophet (peace be upon him), Sahifah
Madinah reflected a just, liberal and caring
Islamic stand toward other ethnics.
205
205
Solutions
Among the details regarding non-Muslims in the
constitutions are:
Every Muslim and non-Muslim is responsible for
defending and protecting the country. They are
not allowed to help the enemy of Islam.
They are given citizenship and their security is
protected.
Every citizen should be treated justly and
helped.
Freedomof religion
Every individual or group has his / its own right
and it should not be transgressed.
206
206
Cont
1. Good social interaction
Allah (SWT) says:

( : 8 - 9 )
207
207
Dealing with Different Ethnic Groups:
Some Quranic and Prophetic Illustrations
208
Allah forbids you not, with regard to those
who fight you not for (your) Faith nor drive
you out of your homes, from dealing kindly
and justly with them: for Allah loveth those
who are just. Allah only forbids you, with
regard to those who fight you for (your) Faith,
and drive you out of your homes, and support
(others) in driving you out, from turning to them
(for friendship and protection). It is such as turn
to them (in these circumstances), that do
wrong. (al-Mumtahinah: 8-9)
208
Cont
2. Uphold the rights of a neighbor
The Prophet (s.a.w.) said: Neighbor is of
three types: (1) enjoy one right which is non-
Muslim (right of neighbor); (2) enjoy two
rights which is Muslim (right of neighbor and
right as a Muslim); and (3) enjoy three rights
which is relatives (rights of neighbor, of
Muslim, and of relatives) (Hadith)
209
209
Cont
3. Respect the others non Muslims.
Once a dead body was being brought in front of the
Prophet (s.a.w.), and the Prophet stood to respect.
Then he was told that the body belonged to a
Jewish. He replied: Is it not a body (jasad).
4. Communicating with Hikmah

( : 46 )
Do not argue with the people of the book
except with the best (hikmah) (29: 46)
210
210
Cont
36
5. Pay them a visit if they are sick.
It is reported that the Prophet (p.b.u.h.)
used not only to visit non-Muslims if they
were sick, but more than that, he was
normally the first to do so.
211
211
Cont
With the principles of respecting each
other, knowing ones rights and
privileges, besides a strong urge from
all religions for people to unite and be
tolerant. The unity among ethnic
groups is not a myth, rather, it is a
reality with real and ultimate ethical
values.
212
212
Prospect
The concept of government
Trust vs. opportunism & misuse of power
The notion of government / central authority is
based on the principles of:
- Delegation: People elected / selected to
public offices are delegated by the
community.
- Trust: they are entrusted with that task to
serve the interests of the community.
213
213
Ethics in the Domain of Politics
The challenge here is: How can we make
ourselves transform these principles from
theory to practice to avoid opportunism
and dictatorship?
214
214
Cont
The concept of opposition
Right to change vs. cooperation
- To monitor the activities of the government
= Cooperate in good and beneficial matters
= Criticize what is seen to be wrong and
bad.
Ethical Conditions of Opposition /
Criticism
- Based on established facts not on mere
suspicions and accusations.
- Constructive: to change something
wrong, not for the sake of survival.
- The critic should be convinced of the
moral uprightness of his opinion.
- To avoid distortion of facts and sayings.
215
215
Cont
Dictatorial Behaviour
Causes:
- Considering oneself to be a gifted person with
the best opinions and ability understanding.
- Self-seeking, egocentrism.
Effects:
- Forcing opinions on others regardless of their
worth.
- Rejecting all kinds of advice / criticism.
- Preventing people from expressing their views
and opinions.
216
216
Cont
37
Rejection of Criticism
- Criticism = challenge humiliation
False pride & dignity
- Criticism = advice
- Helps us to correct our mistakes
- Strengthen our character
- Improve our performance
217
217
Cont
218
WEEK 9
Fiqh and Shariah
219
Definition and Differences Between
Fiqh and Shariah
Fiqh:
Literal meaning:
- Understanding (al-fahm)
- Profound and correct understanding
219
220
Cont
Technical meaning:
1- General meaning (early stage)
- A persons knowledge of his rights and
duties
2- Specific meaning (later stage)
The knowledge of detailed Shari ahkam
(legal rules) pertaining to conduct
derived from their specific evidences
220
221
Cont
Shari ah
- A comprehensive term which includes both
fiqh (Islamic law) and tenets.
- It includes all texts, teachings and principles.
Shari ah Fiqh
- Wider - Narrower
- Source = Divine - Divine + Sunnah +
Human endeavor
- Immutable - Some parts may
change
221
222
Madhahib Fiqhiyyah
(Schools of Islamic Legal Thought)
The emergence of madhahib fiqhiyyah is the
result of practising ijtihad
What is ijtihad?
- Interpretation of texts.
- Deduction of ahkam (legal rulings) on new
incidents
222
38
223
Why ijtihad is needed?
-Texts which impart more than one meaning =
imply more than one interpretation.
-Texts are limited in number while new
incidents are unlimited in number.
- A lot of texts are in the form of general rules
and principles to embrace new incidents.
223
224
History of Ijtihad
1- Ijtihad in the Era of Revelation
- The main source of law was Revelation (the
Quran).
- Sunnah as an inspiration and guidance from
Allah (s.w.t.) to His Messenger (s.a.w.).
- Ijtihad of the Prophet in interpreting and
applying the texts of the Quran
224
225
Cont
- Ijtihad of Sahabah
= limited
= Corrected by the Prophet (s.a.w.) or
Revelation
= If they disagree on any issue they refer
it the Prophet (s.a.w.) and his decision
is final
225
226
2- Ijtihad in the Era of Sahabah
- The scope of ijtihad widened = new incidents:
= Expansion of Muslim state = new people,
new customs and traditions = Development
of life = new challenges
- The result of this ijtihad:
= Agreement = ijma (consensus of opinions)
= Disagreement = no higher authority to
make a final ruling and unite all opinions.
- That was the seed of madhahib fiqhiyyah
226
227
3- Ijtihad after the era of Sahabah
- More developments in social, economic and
intellectual life = the scope of ijtihad became
wider and wider.
- Mujtahids (scholars who are specialized in
religious studies and mastered it) developed
their methods of ijtihad.
- Madhahib shaped and developed
227
228
What is a Madh-hab?
First stage: Emergence
A scholars approach of ijtihad = rules and
principles of interpretation + legal views and
opinions
The last stage: Development
The sum total of the scholars legal rulings as
well as the rulings of his students and that of
all the scholars who adhered to their
approach of ijtihad.
228
39
229
Cont
229
Mujtahid = rules of interpretation + legal opinions
Students = adopt his approach + narrate & record his
legal opinions + spread those opinions + enrich them
Those who adhere to his methodology of ijtihad =
spread the madh-hab + enrich it + formalize the madh-
hab.
230
Cont
How many madhahib are there?
- In the first sense of madh-hab, there were
many madhahib.
- But those madhahib of Sunni school
which continued to exist and established
themselves are four.
- The reason behind this continuation is
mainly because of the number and the
role of students and followers.
230
231
Four Major Madhahib
1. The Hanafi Madh-hab (Imam Abu Hanifah
Numan ibn Thabit 703-767C.E.)
2. The Maliki Madh-hab (Imam Malik Malik ibn
Anas Amir 717-801C.E.).
3. The Shafii Madh-hab (Imam Al-Shafii
Muhammad ibn Idris Al-ShafiI 769-820C.E.)
4. The Hanbali Madh-hab (Imam Ahmad Ahmad
ibn Hanbal Al-Shaybane 778-855C.E.)
231
232
WEEK 10
Maqasid al-Shariah and Preservation
of Basic Rights
233
The Objectives of Shariah
(Maqasid al-Shariah)
The main objectives of the Shariah are of two
types:
1. To secure the interest of mankind that
pertains to Hereafter.
2. To secure the interest of mankind pertaining
to this world.
233
234
Cont
Who is to determine what is in mans
interest?
- The lawgiver (Allah & His Messenger).
- Human reason (in light of texts, general
principles = should not contradict or violate
the texts the general principles)
234
40
235
Cont
Classification of interest pertaining to its
compliance with Shariah = (Criterion for
evaluating the acceptance of interest)
1- Acknowledged interest (al-maslahah al-
mutabarah):
- Explicitly
- Implicitly = new interest which
may be related to this type of
interest.
235
236
Cont
2- Rejected interest (al-maslahah al-
mulghah):
- Explicitly
- Implicitly = what may be considered
by some people as interest but which is
in contradiction with the texts and
principles, or which may violate the
objectives of Shariah.
236
237
The Criterion for Evaluating the
Importance of Interest
(for the existence and preservation of human life)
1- The Necessities (al-Daruriyyat):
- Basic requirements to the survival and
spiritual well-being of individuals and
societies.
- Their destruction lead to seriously affecting
human life (basic human rights), demise of
normal order, chaos in the society.
237
238
Cont
2- The needs (al-Hajiyyat):
Those interests which are needed to:
- support necessities
- remove severity and hardship
Their absence does not impose a threat to
the very survival of normal order and basic
human rights
3- The complementary interests (al-
Tahsiniyyat):
To attain perfection and refinement in
human life.
238
239
Cont
= The relation between the three categories is
that each outer shell forms a supportive and
protective boundary for the inner shell.
The Basic Rights
1- Religion (al-Din)
2- Life (al-Hayah)
3- Intellect/ reason (al-aql)
4- Lineage/progeny/ family (al-nasl)
5- Property/ wealth (al-mal)
239
240
Cont
= The benefit of this classification is to resolve
any conflict between these different
categories of interest.
- The rules of conflict and priority:
1- The stronger interest shall prevail:
Although all the necessities should be
observed, promoted and protected, in case of
conflict they should be taken according to the
following order: - Daruriyyat have priority over
the hajiyyat, which in turn have priority over the
tahsiniyyat.
240
41
241
Cont
- Din has precedence over life (jihad).
- Religion # intellect = freedom of thinking.
- Religion # property = spending / haram
wealth.
- Life has precedence over nasl (abortion).
- Life has precedence over aql (drinking
wine, drugs for medical purposes).
- Aql has precedence over wealth
(education) ...etc.
241
242
Cont
Legal maxims which govern this rule
1. Committing the lesser of two harms.
2. Necessity dictates exception / necessity
overrules prohibition.
3. That which became permissible by
necessity is estimated by the extent
thereof.
4. Avoiding harm is prior to acquiring
benefit.
242
243
2- The public interest is prior to the private:
Legal maxim:
Committing a specific harm for the
sake of preventing a general harm.
- Taking preventive measures against people
who are carrying transmitted diseases.
- Punishments.
- Preventing unqualified professional from
practising.
-Prohibition of hoarding
243
244
How Shariah preserves the five basic
rights?
1- Affirmative measures = Establishment +
maintenance (obligations, recommendations,
permissible).
2- Protective measures = Prohibition +
punishment.
244
245
1- Religion:
Affirmative measures:
- Establishment: Revelation
- Maintenance: Continuous practice,
dawah / al-amru bi al-maruf
Protective measures:
a) Against insiders: Punishment for
neglecting religious obligations and
apostasy, preventing evil
245
246
b) Against outsiders: Defending religion
intellectually, power and independence,
Jihad.
2- Life:
Affirmative measures:
- Establishment: Creation, marriage
- Maintenance: Providing sustenance,
maintaining good health
246
42
247
Protective measures:
- Prohibition of any attack on human life
without legal justification (homicide,
suicide, injuries) + Qisas.
3- Lineage:
Affirmative measures:
- Establishment: Marriage
- Maintenance: Establishment of family +
responsibilities towards children.
247
248
Protective measures:
a) Against its discontinuity (demise):
Prohibition of abortion, sterilization,
celibacy.
b) Against its confusion: Prohibition of
adultery, false accusation, surrogate
motherhood and surrogated fatherhood.
248
249
4- Intellect:
Affirmative measures:
- Establishment: Created by Allah
- Maintenance: Education and pursuit of
knowledge.
Protective measures:
- Prohibition of intoxicants, drugs,
prohibition of believing in superstitions.
249
250
5- Property/ Wealth:
Affirmative measures:
- Bounties given by Allah.
- Permission of trade and conducting
business, private ownership.
Protective measures:
Prohibition of violating the property of
other, extravagance, theft, misappropriation.
250
WEEK 11
CONTEMPORARY ISSUES
Family Planning: Birth Control
Family Planning: Birth control
The use of birth control methods to choose
the number and timing of children born into
a family.
1. To limit the number of children to a very
small number.
2. To distance the occurrences of pregnancies
for a specific period of time.
3. To eliminate the possibility of having
children.
252
43
1. To limit the number of children to
a very small number.
a) Islam encourages people to have
children
i. To marry fertile spouse:
The Prophet (s.a.w.) said; Marry
women who are loving and fertile (child-
bearing), for I shall outnumber the
peoples by you. (Hadith, Abu Daud)
253
Cont
ii. Rejection of celibacy:
The Prophet (s.a.w.) said: I fast and I
break my fast; I pray and I sleep; and I
marry women. Whoever turns away from
my way of life is not from me. (Hadith, al-
Bukhari)
254
Cont
b) Allah has warned about killing ones
children out of fear of poverty

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

( : 31 )
And kill not your children for fear of poverty. We
shall provide for them as well as for you. Surely,
the killing of them is a great sin. (17:31)
255
Cont
C- The Prophet (s.a.w.) said about
contraception: There is no harm if you do
not do that, because the birth of the child
is something pre-ordained. (Hadith,
Muslim)
D- The Prophet (s.a.w.) said on 'azl
(contraception): That is the secret way of
burying alive. (Hadith, Muslim)
E- It is exploited by anti-Muslims to reduce
their population.
256
2. To control the timing of births
with the intent of distancing the
occurrences of pregnancy.
Contraception:
A way of avoiding pregnancy temporarily,
using either artificial methods such as
condoms and birth-control pills or natural
methods such as avoiding sex during the
womans known fertile periods.
257
Cont
1- One form of contraception was practised
during the time of the Prophet (saw) while the
Quran was being revealed but neither the
Quran nor the Prophet (s.a.w.) prohibited it.
Jabir reported: We used to practise 'azl
(withdrawing the male sexual organ before
emission of semen to avoid conception)
during the lifetime of Allahs Messenger
(s.a.w.). He (s.a.w.), came to know about it,
but did not prohibit it. (Hadith, al-Bukhari and
Muslim)
258
44
Cont
Abu Sa'id al-Khudri reported that when 'azl
(Withdrawal) was mentioned in the presence of Allah's
Apostle (s.a.w.) whereupon he said: Why do you
practise it? They said: There is a man whose wife
has to suckle the child, and if that person has a sexual
intercourse with her (she may conceive) which he
does not like, and there is another person who has a
slave-girl and he has a sexual intercourse with her,
but he does not like her to have conception so that
she may not become Umm Walad. The Prophet
(s.a.w.) said: There is no harm if you do not do that,
for that (the birth of the child) is something pre-
ordained. (Hadith, Muslim)
259
Cont
2- The Prophet (s.a.w.) said: I intended to
prohibit cohabitation with the suckling
women to avoid pregnancy within suckling
period, but I considered the Greeks and
Persians, and saw that they used to cohabit
with their suckling wives and that did not
harm their children. Then they asked him
about 'azl, whereupon he said. That is the
secret way of burying alive. (Hadith,
Muslim)
260
Cont
Conclusion:
The Prophet (s.a.w.) did not prohibit
contraception but he did not encourage it.
It would be lawful for a couple to use
contraceptive methods if they opt for it,
provided that:
- It does not involve pregnancy termination.
261
Cont
- It should not be made as a general policy of
a Muslim community as it may be exploited
by anti-Muslims to affect Muslim
communities and turn them to minorities.
- It should not be imposed on anyone by
anyone, as it is the absolute right of
everyone to have children.
- It should be practised only with the consent
of both sides; husband and wife.
262
3. To eliminate the possibility of
having children
Surgical contraception (sterilization):
a. Vasectomy is a surgical procedure leading to
the sterilization of man. It is a procedure that
involves cutting, tying and sealing both the
tubes running sperm from testicles to the
urethra and penis.
It is a way to prevent ejaculation permanently.
263
Cont
b. For women, oviducts (tubes that run eggs)
are surgically cut and sealed, preventing an
egg from reaching the womb or from even
coming in contact with sperm but allowing
ovulation to continue.
It is a way to prevent pregnancy
permanently for women.
264
45
Rulings on Sterilization:
Sterilization is not lawful in Islam. It is
against one of the main objectives of
creating the two different sexes; that is
to have children and cause the
continuation of human race.
265
Cont

" (
: ) .
Sad bin Abi Waqqas says: the idea of
'Uthman bin Madh'un for living in celibacy
was rejected by the Prophet (s.a.w.), and if
he had been given permission they would
have got themselves castrated (sterilized).
(Hadith, Muslim)
266
Cont
Abdullah bin Umar narrated: We used to
participate in jihad with the Prophet (s.a.w.)
and we had no wives with us. So we said (to
the Prophet): Shall we castrate (sterilize)
ourselves? The Prophet (s.a.w.) forbade us
to do that, but he allowed us to marry a
woman by giving her even a garment, and
then he recited: O you who believe! Do not
make unlawful the good things which Allah
has made lawful for you.(5:87) (Hadith, al-
Bukhari)
267
Cont
It may practised under cases of necessity:
- When pregnancy becomes dangerous to the
mothers life (determined by trustworthy-
Muslim doctors) and when other alternatives
of contraception have been exhausted
without being effective.
- Marriage for tow persons infected with AIDS,
HIV.
268
Human Reproduction Methods
1- In vitro fertilization/ IVF (test tube babies)
- This is a method of assisted reproduction in
which the mans sperm and womans egg are
taken and then combined in a laboratory dish,
where fertilization occurs.
The resulting pre-embryo is then transferred
to the womans uterus.
269
Cont
This practice is lawful only when it
involves a:
Married couple, while the marriage
contract is still valid, and necessary
measures are taken to prevent any
manipulation of this practice to
avoid any lineage confusion.
270
46
2- Artificial Insemination
A method of inducing pregnancy in a
female mammal by injecting sperm into
the womb.
This would be lawful if:
- If the sperm is taken from the legal husband
- In a continuing marital life
But if the sperm used is from a third party or
one who is not a legal husband or from the
husband but after divorce or his death, it will
be prohibited.
271
3- Surrogacy
- Surrogacy is an arrangement whereby a
woman agrees to become pregnant and
deliver a child for a contracted party. (1)
- Surrogacy or Surrogate means substitute. In
medical parlance, the term surrogacy means
using of a substitute mother in the place of
the natural mother.(2) (1&2 retrieved from
<http://www.answers.com/topic/surrogacy#Dictionary_d>(June
29, 2010)
272
Surrogate motherhood:
A woman who bears a child for a couple, with the
intention of handing it over at birth. She usually
either is artificially inseminated by the man or
implanted with a fertilized egg from the woman.
This will take place when:
1. The sperm and the egg are taken respectively from
a legitimate husband and wife. The egg fertilized
and then implanted in the womb of another woman
who is not the wife of that man. (Uterus).
2. The sperm is taken from the legitimate husband but
the egg is taken from another woman who is not his
legal wife. The egg is fertilized and then implanted
in the womb of his legal wife. (Egg)
273
Cont
3. The sperm is taken from the legitimate husband but
the egg is taken from another woman who is not his
legal wife. The egg is fertilized and then implanted
in the womb of the same woman from whom the
egg was taken. (Egg + uterus same woman).
4. The sperm is taken from the legitimate husband but
the egg is taken from another woman who is not his
legal wife. The egg is fertilized and then implanted
in the womb of a third woman. (Egg + uterus
different women)
- These four forms are haram because in each case a
third party who is not a legitimate wife is involved.
274
Cont
5. The sperm is taken from a husband who have more
than one wife. The egg is taken from one wife. After
fertilizing the egg the pre-embryo is implanted in the
womb of the second wife.
- Regarding this case, most of Muslim scholars
believe it is unlawful too. Although the sperm is not
strange to the womb since it is the womb of his
second wife, but the egg is a stranger because it is
from another woman.
- Another objection is that the woman who is bearing
the embryo may conceive from her husband using
her own egg whereas the embryo implanted may
fail to develop and this may lead to confusion: to
whom the foetus belongs?
275
Cont
- Marital life is limited to its legitimate
parties. Any practice that may involve any
third party (either a man or a woman) in
any form (whether in the form of semen,
an ovum, an embryo, or a womb) is
unlawful.
- Any interference to violate the contract of
marriage by introducing any third party
(male or female) by a normal way or a
biomedical technique is violation of Islamic
law. Thus, it is forbidden.
276
47
Cont
- Blood relationship is the fundamental basis of
marriage and inheritance in Islam. Any
practice that may undermine the family ties
or create lineage confusion is forbidden.
- Destruction of the concept of motherhood.
- Weakening familial relations.
- Confusion in lineage.
277
Remedies
for barren (infertile) couples
1. Using artificial techniques of
fertilization.
2. Foster parenting
278
WEEK 12
ADOPTION, ABORTION AND PLASTIC
SURGERY
Adoption
Legal Adoption Foster Parenting
- Take the name of the - retains the name of
new family his original family
- May be entitled to - not entitled/ may be
inheritance given through will
(wasiyyah) up to 1/3
- Not a mahram
280
Abortion
The expulsion of the products of pregnancy
before the foetus is viable. Any interruption of
human pregnancy prior to the 28
th
week (6
months) is known as Abortion.
Miscarriage:
This term is used for the delivery of a
nonviable embryo or foetus due to foetal or
maternal factors.
281
Cont
Induced Abortion
This is made by an elective decision to
terminate the pregnancy through the ways
and means available.
- If the induced abortion is performed to
prevent the health or life of the mother, it is
called therapeutic abortion.
282
48
Cont
Abortion: Lawful or Haram?
1- After quickening (the soul breathed in the
body).
- Prohibited
- When quickening takes place?
After 120 days
After 40 days
2- Before quickening (40 days / 120 days)
- Few scholars: Permissible
- Few scholars: Reprehensible
283
Cont
- The majority: Prohibited only for justifiable
reasons (rape, incest, genetic diseases)
Why prohibited?
- Assault against human life.
- Harmful (mentally, emotionally, physically).
- Ethical impact: Encourage adultery especially
among teens.
284
Plastic Surgery
The surgical speciality concerned with the
treatment of structural deformity and
disfigurement. It is also involved with the
enhancement of the appearance of a person
(beauty).
a) Cosmetic Surgery
b) Reconstructive Surgery
285
a) Cosmetic Surgery:
Performed to reshape normal structures of
the body to improve the persons
appearance. Like facelift (a medical
operation in which the skin of a persons face
is tightened in order to make them look
younger) and attempts to reverse the signs of
ageing, and surgery of breasts (to increase
or decrease the size of the breasts).
286
Cont
Abdullah reported that Allah had
cursed those women who tattoo and
who have themselves tattooed, those
who pluck hair from their faces and who
have their facial hair plucked, and those
who make spaces between their teeth
for beautification changing what Allah
has created. (Hadith, Muslim)
287
Cont
- Excessive beautification.
- Entails deception.
- Changing creation of Allah.
- Entails dissatisfaction with ones creation.
- Pride and show-off.
- Not needed/ no harm to be removed.
- Concentration on carnal beauty.
- Wasting of money.
288
49
b) Reconstructive Surgery:
Performed on abnormal structures of the body
caused by:
- Congenital defects (defects that exist since
or before birth): Abnormally turned-out lips,
split lips, twisted fingers or toes...etc.
- Developmental abnormalities: Tumours (a
mass of cells growing in or on a part of the
body where they should not, deformed
teethetc.
- Injuries: Scars left by leprosy or other skin
diseases, or scars caused by accidents and
burnsetc.
289
Cont
This type of surgery may be permitted
because these faults and scars usually
cause physical and psychological pain
to the person inflicted with them.
Moreover, operating on them is not
considered to be changing the creation
of Allah.
290
WEEK 13
- Euthanasia.
- Organ Transplantation.
- Trans-Sexuality.
Euthanasia (Mercy Killing)
People involved:
- A patient in a persistent vegetative state who
is awake but is not aware of self or the
environment.
- Patient in terminal illness who may or may
not be subject to life-support machine.
- People suffering from great pain.
292
Cont
Types of Euthanasia:
a) Active Euthanasia:
An act of commission by taking action that
leads to death, e.g. a lethal injection.
b) Passive Euthanasia:
- Letting a person die by taking no action to
maintain his life, like stopping giving
medications to one whose life is dependent on
it.
- Withholding medical or surgical procedures and
life-support systems.
293
Organ Donation and Transplantation
Legal justification
Against:
Violation of human body/ dignity
In favour:
...

... ( : 32 )
- and who saved a life it would be as if he saved
the lives of all mankind. (5: 32)
- Charity.
- Necessity dictates exception.
- Choice of the lesser evil if both cant be avoided.
- Prohibition of sale or exchange.
294
50
Organs Donated:
1- Primary organs essential for life
Heart , brain
Brain stem death keeping some organs
functioning
2- Secondary organs essential for life
- Two: Kidneys, lungs
- One: Liver
3- Secondary organs, not essential for life
- Irreplaceable: Hands, ears, nose, legs, eyes,
etc.
295
4- Other parts of the body
- Replaceable: Blood, skin, other tissues
5- Organs involved in reproduction
Testicles, ovary, womb
The donor
1- Animals: Lawful, unlawful
2- Humans:
- Miscarried foetuses
- Aborted foetuses
296
Cont
- Children/ minors/ under guardianship
- Adults:
- Living
- Dead:
- Explicit acceptance or
rejection
- No will
297
Trans-Sexuality
Refers to people who have a compelling
sense that their gender identity is not in
conformity with the physiological or
biological sex they are born with. This
may lead some to seek gender (or sex)
reassignment surgery to make her/his
biological or physiological sex
correspond to her/his gender identity.
298
Cont
Trans-sexuality can be addressed
through three similar phenomena:
1. Hermaphrodite: An abnormal
individual especially among the higher
vertebrates having both male and
female reproductive organs.
2. Homosexuality: A typical sexuality
characterized by manifestation of
sexual desire toward a member of
ones own sex.
3. Transvestitism: The practice of
299
Islam forbids trans-sexuality. This is based
on the following ahadith:
Ibn 'Abbas has narrated that Allahs
Apostle cursed those men who are in the
similitude (assume the manners) of women
and those women who are in the similitude
(assume the manners) of men. (Hadith, al-
Bukhari)
Abu Hurairah narrated that the Apostle
of Allah (s.a.w.) cursed the man who
dressed like a woman and the woman who
dressed like a man. (Hadith, Abu Dawud)
300
51
WEEK 14
ISLAMIC FINANCIAL ISSUES
Basics
- Prohibition of riba (usury/ interest).
- Prohibition of gambling.
- Prohibition of involvement in prohibited
commodities (production, sale, buy).
- Avoidance of al-Gharar (ambiguities,
uncertainty).
302
Islamic Financial Markets
Vs.
Conventional Financial Markets
Are Islamic financial markets purely
Islamic?
- Islamic financial markets are working in
similar fashion with conventional markets.
- The difference in experience (IFM is still
new).
- The local as well as international FM is set
and dominated by conventional FM.
303
Cont
- Islamic FM is a small part in a gigantic
system/ limited area for maneuvering.
Create an Islamic or Islamic-like versions of
current transactions in conventional FM
- Lack of sincerity / exploiting religious
sentiments for the sake of making profit.
- Deposits / Accounts.
- Money transfer.
- Loans.
304
Credit Card
A small plastic card issued to users of the
credit system after approval from a provider
(bank), in which they will be able to make
purchases from merchants supporting that
credit card up to a pre-negotiated credit limit.
When a purchase is made, the credit card
user indicates their consent to pay, usually by
signing a receipt.
305
- Some services can be paid for over the
telephone by credit card merely by quoting the
credit card number, and they can be used in
a similar manner to pay for purchases from
online vendors. (card not present
transactions).
- Each month, the credit card user is sent a
statement indicating the purchases undertaken
with the card, and the total amount owing.
- The cardholder must then pay a minimum
proportion of the bill by a due date, or pay the
entire amount owing.
306
52
Secured Credit Cards
- A secured credit card is a special type of
credit card in which you must first put down
a deposit between 100% and 150% of the
total amount of credit you desire.
- Thus if you put down $1000, you will be
given credit in the range of $500-$1000.
- This deposit is held in a special savings
account.
307
Cont
- The owner of the secured credit card is still
expected to make regular payment, as he or
she would with a regular credit card.
- Should he/she default on a payment, the card
issuer can deduct payments on the card out
of the deposit.
- They are often offered to people as a means
of rebuilding ones credit.
- Secured credit cards are available with both
Visa and MasterCard logos on them.
308
Types of Credit Given
1. Some credit card issuers offer interest-free
periods.
- If the balance is paid in full each month (or
the stipulated period) the interest charges will
be waived. This allows the credit card to
serve as a form of revolving credit.
- If the balance is not paid as stipulated by the
agreement on the which the card was issued,
interest charges will be imposed on the credit
card holder.
309
Cont
- Typically, the rate of interest charges on the
amount owing is much higher than most other
forms of debt.
2. Some credit providers charge interest on the
amount owing from the very beginning.
- In this case the interest rates are much lower
than those imposed in the first type.
310
Guarantee to Merchants
- Credit card companies generally provide a
guarantee that the merchant will be paid on
legitimate transactions regardless of whether
the consumers pay their credit card bill or not.
- Credit card companies, however, will not pay a
merchant if the consumers challenge the
legitimacy of the transaction.
311
Benefits to Card Companies
1. The interest charges imposed on debts
given (from the beginning or after the due
date of payment).
2. Card companies charge merchants fees/
commission for money transfer.
3. Annual fees
312
53
Credit Card Organizations
1. Diners Club (Dinners Club International).
2. Master Card (Master Card Incorporated).
3. Bank Card (Australian Financial
Institutions).
4. VISA (International Service Association).
5. American Express (American Express, NY).
6. Discover Card (Discover Bank/ Morgan
Stanley).
7. JCB (Japan Credit Bureau)
313
Advantages vs. Disadvantages
Advantages:
- Convenience in payment/ no need to carry
cash.
- Immediate availability of (short term) loans in
case of an urgent need.
- Avoidance of long procedures.
- Face saving in case of need for short loans.
314
Disadvantages:
- Enhances the culture of borrowing
- Enhances consumerism:
- Difficulty in controlling expenses.
- Unwise use especially by young people.
- Suffer the long-term consequences of
carrying high debt.
- Payment of prohibited interest (riba).
315
- Extra burden on consumers
The credit card companies usually prevent the
money transfer fees from being passed on to
credit card users the merchants, certainly,
dont bear those fees.
The fees are spread among all customers by
adding them to the normal prices, especially
as some credit providers give their users
incentives such as frequent flier miles or gift
certificates.
The credit card users (some individuals) are
using a public good without bearing the entire
cost of their actions. The costs are borne by
others.
316
Debit Card
A debit card is a card which physically
resembles a credit card, and, like a credit
card, is used as an alternative to cash when
making purchases.
When purchases are made with a debit
card, the funds are withdrawn directly from
the purchaser's checking or savings account
at a bank.
317
Types of debit card:
1. Online debit cards: Use the same
underlying technology as ATMs (Canada).
2. Offline debit cards: Carry the logotypes of,
and can be used in a manner nearly
identical to, major credit cards (e.g. Visa or
MasterCard).
The use of a debit card in this manner may
have a daily limit, with the maximum limit
being the amount of money on deposit.
A debit card used in this manner is similar to
a secured credit card.
318
54
Cont
A small fee may be charged for "debit"
transactions (often absorbed by the retailer)
From the merchant's standpoint, the
merchant pays lower fees on a "debit"
transaction as compared to "credit"
transactions.
To the consumer, a debit transaction is real-
time; i.e. the money is withdrawn from their
account immediately following the
authorization request from the merchant.
319
Ruling on Debit/Credit Card
1. Debit Card
2. Secured Credit Card
3. Other Credit Cards
- It is strictly prohibited for a Muslim/
Islamic bank to issue interest-based
credit cards.
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Cont
- A lot of scholars are of the opinion that
signing a credit card contract and using it is
permissible with two conditions:
1) That the user is keen and able to pay within
the grace period. The purchases made dont
exceed the amount that one can pay when
the bill comes/ within the grace period.
2) The user will not withdraw cash (because
cash withdrawal generates interest from the
day of withdrawal and does not have a
grace period).
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Justification of Permissibility
One is not signing a loan contract with
interest but he is signing a contract that gives
him the choice to make the interest applied
or not.
Consequently, if you know for sure that you
can use it without incurring any interest you
make the interest clause useless and it is
permissible to sign such a contract and use
the card.
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