Ethics & Fiqh For Everyday Life PDF

ETHICS AND FIQH FOR
EVERYDAY LIFE: AN
ISLAMIC PERSPECTIVE
ETHICS AND FIQH FOR
EVERYDAY LIFE: AN
ISLAMIC PERSPECTIVE
Munawar Haque
Naamane Djeghim
Fatmir Mehdi Shehu
Kabuye Uthman Sulaiman
IIUM Press
Published by:
IIUM Press
International Isla mic University Malaysia
First edition, 2010

IIUM Press, IIUM
All rights reserved. No part of this publication may be reproduced,

stored in a retrieval system, or transmitted, in any for m or by any
mea ns, electronic, mechanical, photocopying, recording, or
otherwise, without any prior written per mission of the publisher.
Perpustakaan Negara Malaysia Cataloguing-in-P ublication Data
Ethics and Fiqh for Everyday Life: An Isla mic Perspective /

Munawar Haque [et al.].
Includes index
Bibliography: pp. 225-236
ISBN 978-967-5272-52-3
1. Islamic Ethics. 2. Muslims--Conduct of Life. 3. Islam--
Fiqh. 4. Islam--Ethics and Profession. 5. Islam--
Contemporary Issues.
I. Munawar Haque.
297.5
ISBN: 978-967-5272-52-3
Member of Majlis Penerbitan Ilmiah Malaysia MAPIM

(Malaysian Scholarly Publishing Council)
CONTENTS
Transliteration. iii
Introduction. v
CHAPTER ONE
Evolution of Islamic Ethics. 1-14
CHAPTER TWO
Evolution of Fiqh 15-22
CHAPTER THREE
Al-Amnah (Trust)..... 23-32
CHAPTER FOUR
Al-Adl (Justice)...... 33-42
CHAPTER FIVE
Al-Birr (Virtue)....... 43-48
CHAPTER SIX
Al-Amr bi al-Marf wa al-Nahy an al-Munkar
(Enjoining Virtues and Forbidding Evil) 49-66
CHAPTER SEVEN
Family Ethics in Islam.... 65-96
CHAPTER EIGHT
Ethics and Profession.. 97-122
Ethics and Fiqh for Everyday Life: An Islamic Perspective
CHAPTER NINE
Inter-Personal Relations.. 123-132
CHAPTER TEN
Islam and the Environment. 133-156
CHAPTER ELEVEN
Rib and Islamic Financing: Some Issues and
Implications. 157-186
CHAPTER TWELVE
Contemporary Biomedical Issues: An Islamic
Perspective.. 187-222
CONCLUSION.. 223-224
BIBLIOGRAPHY. 225-236
INDEX....... 237-241
ii
TRANSLITERATION
Consonants

b
t
th
j f
q
kh k
d l
dh m
r n
z w
s h
sh y

Vowels
Short Vowels Long Vowels

Fata a Long fata +
Kasra i Long kasra +
Damma u Long amma +
iii
iv
INTRODUCTION
All praise is due to Allah, the Cherisher and Sustainer of the

worlds and all that exists. May the peace and blessings of Allah
be upon Muhammad, the seal of all the Prophets, his family,
companions and all those who follow him till the Day of
Judgment.
This book is an outcome of efforts made to consolidate
the main topics covered in the International Islamic University
Malaysia (IIUM) University Required Course entitled Ethics
and Fiqh for Everyday Life.
Ethics generally refers to a science concerning the
question of right and wrong in the matters pertaining to human
conduct, a normative science dealing with how things ought to
be.1 The Islamic term corresponding to this concept, though
different in scope and nature, is ilm al-akhlq (science of
virtue). Akhlq, the plural of khuluq (innate disposition) refers
to a collection of distinct traits of character.2 People use ethics
as a guide for their own behavior and for evaluating the actions
of others. Islamic moral codes stress the relationship between
human beings and God. Muslims believe that moral standards
come from God and that they are, therefore, timeless and
universal and should govern a person's conduct in all areas of
his or her life.3
The ultimate judgment of good and bad is, in fact, what
differentiates Islamic ethics from Western ethics. Thus, it
appears that unless one is able to define good and bad
satisfactorily, one cannot define ethics. There is confusion that
1
William Lillie, An Introduction to Ethics, (London: Methuen & Co Ltd.,
3rd ed. 1971), p. 1.
2
Sheila McDonough, Muslim Ethics and Modernity A Comparative Study
of the Ethical Thought of Sayyid Amed Khan and Mawln Mawdd,
(Waterloo, Canada: Wilfred Laurier University Press, 1984), p.5.
3
John L. Esposito (ed.), The Islamic World: Past and Present, (New York:
Oxford University Press, 2004), vol. 1, p. 147.
v
exists in Western ethical systems concerning what constitutes

good and bad because of the different values attached to these
terms. Whenever one speaks of good and bad, one attributes
values to it. There are, of course, different kinds of values. We
attribute value to anything we call good in any sense.
Conversely, we may be said to attribute a negative value to it if
we call it bad in any sense.
The term fiqh was used in the early days in a
comprehensive way to include the tenets of Islam, its ethics,
Islamic law, and the questions relating to the spiritual aspects of
things for which the term taawwuf subsequently came into use.
In its technical sense, however, it is restricted to Islamic law
alone and is defined as al-ilm bi al-akm al-shariyyah al-
amalyyah al-muktasabah min adillatih al-taflyyah the
knowledge of the Shar akm (legal rules), pertaining to
conduct, that have been derived from their specific evidences.4
This book provides students with a reading material about
the most important morals needed in the daily life and for
various professions. It is also useful for those who are generally
interested in Islamic ethics and morality. The book aims to
provide a value-based education to those who are primarily
exposed to the value-free, modern secular education. The need
for good background knowledge on Islam can hardly be
overemphasized. This is unavoidable, especially if one is living
in a society where people frequently ask questions about Islam.
In all fairness, the Muslim youth should be in the forefront in
meeting the basic religious obligations given to us by our
Creator. This is a pressing need one must meet in todays
grossly materialistic society.
One of the major hurdles in convincing people about the
efficacy of the Islamic ethical system is the tarnished image of
Islam created by some vested interests in the international
media. Research done in mass media presentations of the
Middle East, Arabs, and Muslims by notable scholars has
demonstrated a consistent tendency among Americans to
4
Imran Ahsan Khan Nyazee, Theories of Islamic Law, (Delhi, 1996), pp. 24-
25.
vi
Introduction
portray the peoples of the region as primitive and aggressive.5 A

change in this situation will follow only when people are
willing to go beyond stereotypes and media propaganda and
distortions. We have to educate our youth about the ethical
issues and their meaning, and how best to analyze, understand
and resolve them from an Islamic perspective. The ultimate
objective for Muslims is to seek the pleasure of Allah in
everythingfrom the smallest to the greatest deedat all
times. There is no other better and gratifying objective than this
one.
Why should anyone bother being ethical and moral in a
world, which is largely modern and secular? Being ethical or
moral might even be considered conservative, embarrassing, or
politically incorrect in the modern societies we live in. Can the
study of ethics really make anyone a moral and virtuous person?
Is it a viable goal to strive for? The answer to both of these
questions is yes. Does the study of ethics in itself have the
power or ability to change people into a moral or virtuous
person? The answer is no. It is like a physician who can
diagnose and advise patients. After this, it is up to the patients
to accept or reject the advice. Acceptance or rejection of the
doctors advice and acting upon it or not acting upon it has its
beneficial or detrimental consequences respectively. The same
is true of studying ethics. It provides discerning knowledge to
distinguish between good and bad, to see evil and virtue in their
true perspective and realize their consequences.
The first chapter reviews the evolution of Islamic ethics.
It begins with the ethics of the pre-Islamic Arabs and then
describes the ethics espoused in the Qurn, adth (Prophetic
Tradition) and taawwuf (Sufism). This is followed by a
discussion on the classical Islamic discourse on ethics emerging
from the three intellectual disciplinesfalsafah (philosophy),
kalm (dialectical theology), and fiqh (Islamic jurisprudence).
It also attempts to provide an overview of the unfolding of
5
Lawrence Davidson, Islamic Fundamentalism (London: Greenwood Press,
1998), p. 64.
vii
Islamic ethics in order to appreciate the sources that have

shaped the ethics of Islamic moralists up to today.
The second chapter reviews the evolution of fiqh (Islamic
jurisprudence) over time. It examines the term fiqh from various
aspects to show how this word or its derivation has been used in
the Qurn and the Sunnah (way of life of the Prophet). The
meanings of fiqh and Sharah (Divine Law) and the subtle
distinction between the two are discussed. The chapter talks
about the stages of development of fiqh, the first attempts to
compile fiqh, the period of the great Imms, the types of
compilation of fiqh, the beginning of rigidity of the madhhib
(schools of thought), the compilation of adth (Prophetic
Traditions), the organization of fiqh into ul (fundamental
principles) and fur (secondary principles), the sources of
Islamic law, the compilation of fiqh, the concept of taqld (the
blind following of a madhhab), the reformers who encouraged
ijtihd (interpretative judgment), and finally; the efforts that
were made toward codification of Islamic law. The chapter
concludes with a note that re-establishing Islam as the supreme
guide in the daily lives of Muslims is achievable only by a
revival of a dynamic fiqh.
Chapters three through six discuss and explain
respectively some basics of Islamic ethical concepts such as:
(i) al-amnah (trust), its significance and various aspects;
(ii) al-adl (justice), its meaning and forms, causes of injustice,
and what is needed to observe justice; (iii) al-birr
(virtue/righteousness), its meaning and manifestations; and
(iv) al-amr bi al-marf wa al-nahy an al-munkar (enjoining
virtues and forbidding evil), its significance, role in preserving
the moral fiber of the society, and role in social reformation.
Chapters seven through nine feature an elaboration on
family ethics in Islam, the relationship between ethics and
profession, and the ethics governing inter-personal relations.
The topics on family ethics and inter-personal relations include
social interaction with the other gender, Islamic code of dress,
selection of spouses, mutual rights and duties of husband and
wife, and the rights and duties of children and parents. The
subject matter of ethics and profession touches upon the basic
viii
Introduction
morals required in professional life with an emphasis on legal

and business ethics.
This is followed by a discussion on Islam and the
environment in chapter ten. The environment, being a part of
Gods creation, must have a purpose. Although it is subjected to
mans manipulations for his sustenance on this earth, man is
commanded to use it wisely and to avoid creating mischiefs on
the earth.
Chapter eleven explains rib, Islamic financing and some
of the issues and implications thereof. This, it is hoped, will
give some idea to the reader as to how the Muslim world
attempts to supplant the interest-based economy with an Islamic
non-interest based economy.
Finally, chapter twelve proceeds to discuss some
contemporary biomedical issues, which have preoccupied
religious thinkers as well as the legal and medical experts.
These issues include contraception, infertility, artificial
insemination, surrogate parenthood, abortion, plastic surgery,
euthanasia, organ transplantation, trans-sexualism and milk
bank. An attempt is made to look very briefly at the legal and
moral aspects of these issues within the context and scope of
Islamic faith and ethics. It is especially meant for those
undergraduate students who are not specialized in Islamic
Studies.
The Arabic terms in this study that do not normally have
standard equivalent terms in the English language have been
italicized, and their brief explanations have been provided either
in the footnotes or in the text itself. Certain well-known words,
proper names, and titles have been rendered in Romanized
forms. No transliteration can express exactly the vocalic
differences between two languages; nor can Roman characters
give anything more than an approximate sound of the original
Arabic words and phrases. To achieve the closest proximity to
the original Arabic sounds, the book has followed the Library of
Congress transliteration system.
This book depends mainly on textual evidence from the
Qurn and the Sunnah, and is meant to be a practical study of
Islamic ethics rather than a philosophical one. May Allah,
ix
subnah wa tal bless with His acceptance and grace the

humble efforts of all those who have contributed in the writing
and publishing of this book. Teachers and students are most
welcome to suggest improvements in the book that can be made
in future editions, inshAllh.
Munawar Haque
International Islamic University Malaysia
Kuala Lumpur
x
CHAPTER ONE
EVOLUTION OF ISLAMIC ETHICS
The discussion on the evolution of Islamic ethics begins with the

ethics of the pre-Islamic Arabs and then describes the ethics of the
Qurn, adth (Prophetic Tradition) and taawwuf (Sufism). This
is followed by a discussion on the classical Islamic discourse on
ethics emerging from the three intellectual disciplinesfalsafah
(philosophy), kalm (dialectical theology), and fiqh (Islamic
jurisprudence). It also attempts to provide an overview of the
unfolding of Islamic ethics in order to appreciate the sources that
have shaped the ethics of Islamic moralists up to today.1
Ethics in Pre-Islamic Arabia

The period before the Qurnic Revelation was known in
Arabia as the age of ignorance (jhiliyyah). Another noun
from the same rootjahl (ignorance) refers to the reckless
temper of the pagan Arabs. It is the antithesis of ilm, which
connotes forbearance, patience, kindness and freedom from
blind passion. The pagan Arabs were torn between these two
polarities of jahl and ilm. They were inclined to
hotheadedness, and yet admired the quality of ilm.2 This fierce
disposition inspired many bloody feuds in pre-Islamic Arabia.
1
For an excellent exposition and comprehensive treatment of this subject,
see Yasien Mohamed, The Evolution of Early Islamic Ethics, American
Journal of Islamic Social Sciences, vol. 18, no. 4, (fall 2001), pp. 89-132.
This scholarly work has been of immense help in formulating this chapter.
2
Ibid., p. 90.
Connected to this blind anger is the pagan quality of murah or

manliness, and qualities such as generosity (jd) and honor
(karam) are subsumed under it.3 Murah may be defined as
all those virtues which, founded in the tradition of his people,
constitute the fame of an individual or the tribe to which he
belongs; the observance of those duties which are connected
with family ties, the relationships of protection and hospitality,
and the fulfillment of the great law of blood revenge.4 Prophet
Muhammad (p.b.u.h.) was the first to teach the pagan Arabs that
forgiveness is not a vice, but a virtue, which is in fact, the
highest form of murah.5 Thus, many of the qualities became
transformed and took on a new meaning with the conversion of
the pagan Arabs to Islam.
Ethics in the Qurn

Any kind of Islamic ethics, whether religious or philosophical,
is ultimately based on the Qurn. The ethical dimensions of the
Qurn are integral to the social context in which it was
revealed. That includes both the context of the pagan Arabs and
the early companions of the Prophet (p.b.u.h.). The various
religious, legal and moral obligations are interconnected as they
are subsumed under Gods will. However, there is also a
teleological dimension where people obey God because He is
good, and where they seek, by means of their innate character
(firah), to progress towards happiness and to become the best
community to be brought forth for humankind.6
Through the impact of the Qurn, the vengeful spirit of
the Arabs was transformed into a positive quality of ilm. The
polarity between jahl and ilm in pre-Islamic times was
transformed into a new polarity of kufr-Islam after the
revelation of the Qurn. The jhil was blindly jealous of his
honor, and the kfir was similarly absorbed with himself. The
3
D. M. Donaldson, Studies in Muslim Ethics (London: SPCK, 1953), p. 4; T.
Izutsu, Structure of the Ethical Terms in the Koran (Tokyo, 1959), p. 23.
4
Goldziher, Muslim Studies (London: 1967), vol. 1, p. 22.
5
Ibid., p. 25.
6
M. F. Denny, Ethics and the Qurn: Community and World Views, in
Ethics in Islam, edited by Richard G. Hovannisian, (Malibu: 1985), p. 108.
2
Evolution of Islamic Ethics
latter term also means ungrateful, suggesting the kfirs

insensitivity to the signs of God and ingratitude to His
blessings. The person called alm is self-controlled, moderate
and generous.7 According to Isutsu, ilm is a dominant virtue in
the Qurn. He writes:
In a certain sense the spirit of ilm dominates the ethos
of the Qurn as a whole. The constant exhortation to
kindness (isn), the emphasis laid on justice (adl), the
forbidding of wrongful violence (ulm), the bidding of
abstinence and the control of passions, the criticism of
groundless pride and arroganceall are concrete
manifestations of this spirit of Islam.8
Some other ethical virtues in the Qurn that are also formulated
in the spirit of ilm are: duty to God, moderation, forgiveness,
humility, honesty, charity, and trustworthiness. Some of the vices
that are condemned are: boasting, blasphemy, and slander.9
To Fazlur Rahman, the Qurn is not a book of abstract
ethics, nor is it the legal document that Muslim lawyers have
made it out to be. It is a work of moral admonition through and
through. A large part, which deals with human relations, is full
of statements on the necessity of justice, fair play, goodness,
kindness, forgiveness, guarding against moral peril, and so on.
It is clear that these are general directives, not specific rules.
But they are not abstract moral propositions either; they have a
driving power, which abstract propositions cannot yield.
Rahman argues that this fact was acknowledged by the
Mutazilah rationalists, who, while insisting that good and
bad are knowable by natural reason without the aid of
revelation, nevertheless believed that revelation was not
superfluous, but helped motivate people to pursue goodness.10
7
C. Pellat, ilm in Encyclopedia of Islam, new ed., Vol. 4, pp. 390-392.
8
T. Izutsu, God and Man in the Qurn, (Tokyo: 1959), p. 216.
9
Donaldson, Studies in Muslim Ethics, pp. 14-17.
10
Fazlur Rahman, Law and ethics in Islam, in Ethics in Islam, edited by
Richard G. Hovannisian, (Malbu, California: Undena Publications, 1985),
p. 8.
3
Ethics in the adth

Since the Qurn commands believers to obey God and His
Prophet, faith in God and Prophet Muammad (p.b.u.h.) is the
essential of being a Muslim. Moreover, the Qurn also
considers Prophet Muammad (p.b.u.h.) to be the standard of
moral conduct.11
More detailed information about the Prophets moral
conduct can be found in the adth (Prophetic Tradition). Like
the Qurn, the adth deals with the ceremonial, ritualistic, and
ethical requirements of the faith. It provides information on the
sayings, actions or approvals of the Prophet (peace be upon
him). Although six books of adth are recognized as authentic
by most scholars, the compilations by Imm al-Bukhr
(256/870) and Imm Muslim (261/875) are considered the most
sound. The Shiite books trace Traditions only to the Righteous
Caliph Als (40/661) family.12
The Tradition can also be found in the Srah (biography of
the Prophet). The Srah is preserved in two outstanding works.
One is by Ibn Hishm (218/833), titled Kitb Srah Rasulallah
(The Biography of Gods Apostle). This text has preserved
considerable citations from the Srah of Ibn Isq (150/767).
The other is Ibn Sads (230/845) Kitb al-abaqt (The Book
of Classes), which preserves adth from al-Wqid (207/822),
an older authority.13
Some of the virtues ascribed to Prophet Muammad
(p.b.u.h.) are: forbearance (ilm), generosity (sakh), courage
(shajah), and good disposition (usn al-khuluq). Some of the
ethical sayings that recur often in the Traditions and the Srah are:
The best of you are those who are best in disposition;
who show kindness and who have kindness shown to
them.14
11
You have indeed in the Messenger of Allah an excellent example; for him
who hopes in Allah and the final Day, and who remembers Allah much.
A. Yusuf Ali, The Holy Quran: Text, Translation and Commentary,
(Maryland: Amana Corporation, 1989), Srah al-Azb: 21.
12
J. Robin, adth, Encyclopedia of Islam, new ed. pp. 23-28.
13
Yasien Mohamed, The Evolution of Early Islamic Ethics, pp. 95-96.
14
Cited and translated by Donaldson, Studies in Muslim Ethics, p. 70.
4
None of you (truly) believes until he wishes for his

brother what he wishes for himself.15
Let him who believes in Allah and the Last Day either
speak good or keep silent, and let him who believes in
Allah and the Last Day be generous to his neighbor, and
let him who believes in Allah and the Last Day be
generous to his guest.16
Righteousness is good morality and wrongdoing is that

which wavers in your soul and which you dislike people
finding out about.17
Do not envy one another; do not inflate prices one to

another; do not hate one another; do not turn away from
one another; and do not undercut one another, but be
you, O servants of Allah, brothers.18
Ethics in Sufism
The moral guidance of the Qurn and the adth provided a
foundation for the Muslims devotional and ethical practices.
However, in the early period, there were those who were not
content with the mere outward observance of the religious Law.
They were more concerned with harmonizing the inner state of
their souls with the external behavior required by the Law. In
their reaction to excessive worldliness, they renounced the
world and practiced asceticism. These ascetics were called nsik
(pl. nussk). By the third or ninth century, the term Sufi was
used for this mystical movement.19
15
E. Ibrahim and D. Johnson-Davies (trans.), al-Nawawis Forty Hadith
(Lahore, 1979), p. 56. This adth was narrated by Muslim and al-Bukhr
on the authority of Abu Hamza Malik bin Anas.
16
Ibid., p. 60. This adth was narrated by Muslim and al-Bukhr on the
authority of Abu Hurayrah.
17
Ibid., p. 90. This adth was narrated by Muslim on the authority of al-
Nawwas bin Siman.
18
Ibid., p. 112. This adth was narrated by Muslim on the authority of Abu
Hurayrah. Only the first part of the adth is being quoted here.
19
See P. J. Awn, The Ethical Concerns of Classical Sufism, The Journal of
Religious Ethics, (1983), pp. 240-263, p. 241f. See also Yasien Mohamed,
The Evolution of Early Islamic Ethics, pp. 101-103.
5
The early Sufis were preoccupied with moral purity and

self-examination. They encouraged repentance and the rejection
of the worlds distractions through abstention (zuhd), and poverty
(faqr). Eventually, this ethical strain in Sufism developed into a
systematic teaching of ethico-spiritual stations (maqmt)
whereby a strict Sufi discipline emerged. The Sufi was poor
(faqr) in the sense that he renounced the world as a zhid (pl.
zuhhd), devoting himself to the ardent service of God. His
struggle was not only against the world, but also against his lower
self (nafs), which was the seat of all evil lusts. The annihilation of
the individual ego was marked by absorption in God (fan).20
The Sufi al-ussayn al-Nr (296/908) asserted that Sufism
was not primarily concerned with legal practices, but with
morality and piety.21 The four main practices of self-discipline in
Sufism were solitude, silence, hunger and sleeplessness. These
were directed at reforming the individual, but they had to be
complemented by the moral and social virtues of Islam. Good
character became the condition and result of the religious life. It
brings peace to the soul. It is brought about by discipline and
training. Furthermore, good character is to endure difficulties,
which ultimately come from God, and these pains are a test for
man to purify his soul (self) and attain the pleasure of God. Good
character is manifested through two main virtues: humility
(tawu) and selflessness (thr).
The true Muslim is humble and considers everyone else to
be superior to him in faith. When the Divine Light shines in the
believers heart, he becomes humble and obedient to God.
Hence, those who are the nearest to God are the most humble.
This quality makes them love to serve others in the hope of
reward from God.22
Classical Islamic Discourse on Ethics

Muslims have debated ethics for centuries. In the 1200s, for
example, many scholars studied ilm al-akhlq. They focused
20
L. Massignon, Taawwuf, Encyclopedia of Islam, new ed. pp. 311-317.
21
R. Levy, The Social Structure of Islam, (Cambridge, 1969), p. 212f.
22
T. J. Winter, (tr.) al-Ghazzali on Disciplining the Soul-Books 22 and 23 of
the Revival of the Religious Sciences-Iy Ulm al-Dn (Cambridge, 1995).
6
on issues related to personal character and the cultivation of

such traits as wisdom and tolerance. They tried to determine the
feelings and thoughts that a good person would have, as well
as the actions he or she would perform. Some scholars wrote
about the ideals that they believed should guide such practices
as politics, medicine, and business.
They typically presented their views in the form of a story
or a letter of advice to someone entering a particular field. This
form of discourse is indicated by the term adab.23 Among the
classical disciplines, three stand out as essential for any
discussion of ethics in Islamic tradition: falsafah24, kalm25,
23
The unifying theme of adab is reflection on the noble ideals that ought to
inform the practice of stare-craft, medicine, business, and other activities
important to society. Thus, the celebrated Seljuk vizier Nim al-Mulk (d.
1092) presents advice to rulers in his Siysat nmah or "Rules for King." See
The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito,
Chief Editor (New York: Oxford University Press, 1995), vol. 1, p. 443.
24
The word falsafah is an Arabicization, which means the work or pursuit
of philosophers. See Murtada Mutahhari, Understanding Islamic Sciences,
(London: ICAS Press, 2002), p. 12. It is, however, also used in a more
specific sense as an abbreviation of the expression al-falsafah al-
islmiyyah, Islamic philosophy. See Michael E. Marmura, The
Encyclopedia of Religion, Falsafah. For Ibn Khaldn, however, the
sciences of philosophy and wisdom are the intellectual sciences, which
are natural to man, in as much as he is a thinking being. They are not
restricted to any particular religious group. They are studied by the people
of all religious groups who are all qualified to learn them and to do
research in them. They have existed and been known to the human species
since civilization had its beginning in the world. See Ibn Khaldn, An
Introduction to History: The Muqaddimah, translated from the Arabic by
Franz Rosenthal, abridged and edited by N.J. Dawood, (London:
Routledge & Kegan Paul Ltd., 1967), p. 371.
25
Ibn Khaldn defines kalm as a science that involves arguing with logical
proofs in defense of the articles of faith and refuting innovators who
deviate in their dogmas from the early Muslims and Muslim orthodoxy.
See Ibn Khaldn, An Introduction to History: The Muqaddimah, p. 348.
The fullest list of propositions about the origin of the term kalm was
given by Taftzn (d.793/1390) in his Shar al-aqid al-nasafiyyah (A
commentary on the creed of Najm al-Dn al-Nasaf) ed. Nr Muammad
(Karachi, n.p., n.d.), 5. See Taufic Ibrahim and Arthur Sagadeev, Classical
Islamic philosophy, translated from Russian by H. Campbell Creighton
(Moscow: Progress Publishers, 1990), pp. 17-25.
7
and fiqh.26
Ethics in Falsafah
Falsafah, as developed by writers like al-Frb (d. 339/950), Ibn
Sn (d. 428/1037), and Ibn Rushd (d. 595/1198) takes aspects of
the Greek philosophical tradition and develops them in relation to
Islamic themes. For example, al-Frb understood philosophy as
a quest for personal excellence in moral character and intellect.
He believed that anyone with enough intelligence and wealth
could embark on this journey. Wisdom could come through deep
concentration and years of inner struggle. Unlike Prophet
Muammad (p.b.u.h.), who learned through divine inspiration,
the philosopher toils to gain an understanding of moral law.27
Miskawayh (422/1030) was the first Muslim philosopher
to write a systematic ethical treatise by combining Greek ethics
with Islamic teachings. Isfahn (443/1050) and Nair al-Dn
al-s (673/1274) made similar attempts. Through Isfahn,
Islamic philosophical ethics was introduced into the Sunni
Muslim world, and through al-s, it was introduced into the
Shiite Muslim world.28 In combining Greek ethics and Islamic
tradition, Miskawayhs Tahdhb al-Akhlq (Refinement of
Character) was pioneering in the field of Islamic philosophical
ethics. It deals with subjects like the search for supreme
happiness, domestic economy, the education of children, and
the moral therapy to overcome sadness and the fear of death.29
Ethics in Kalm
Kalm begins with a different set of interests and questions.
Practitioners of kalm attempted to clarify religious teachings
26
Originally fiqh referred to deliberations related to ones reasoned opinion,
ray. Later the expression fiqh evolved to mean jurisprudence covering
every aspect of Islam. It is also applied to denote understanding,
comprehension, and profound knowledge. For an excellent exposition on
the meaning of fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic
law: The Methodology of Ijtihd, (Delhi: Adam Publishers & Distributors,
1996), pp. 20-22.
27
The Islamic World: Past and Present, p. 148.
28
Yasien Mohamed, The Evolution of Early Islamic Ethics, p. 121.
29
M. Arkoun, Miskawayh, Encyclopedia of Islam, new ed., Vol. 7, p. 143.
8
and took a theological30 approach to ethics. Scholars in this field

studied the nature of judgment. They stated that people make
moral judgments by assigning praise to some and blame to
others for various actions, and they thought that God's moral
law provides the basis for such judgments.31 The Mutazilah32,
perhaps the most influential of the early kalm movements,
made the discussion of justice a central part of their program.
With some variations, they argued as follows: Justice has to do
with attribution of praise or blame to agents who perform
specific acts. A person who tells the truth usually deserves
praise, while one who commits murder deserves blamefrom
the Mutazilite point of view; such judgments are typical of
humanity as a whole. The fact of such judgments leaves open an
important question: How do human beings justify such
judgments? According to most Mutazilite thinkers, God has
made the world to be governed by moral law. Allah (s.w.t.) says:
$%$&
...

!"
(7 :) -'() !*+ $%,
He it is Who created the heavens and the earth in six
daysthat He might try you, which of you is best in
conduct.33
It would be unjust for God to impose such a trial unless there is

a fair chance for humanity to acquit the self; and so God has
given all humanity the ability to discern which acts are
30
Theological refers to the study of the nature, qualities, and will of God.
31
The Islamic World, p. 148.
32
The Mutazilah advocated the application of analogy (qiys) and
allegorical interpretation (tawl) to the ambiguous texts of the Scripture.
They allowed the use of Greek dialectical methods, without questioning in
the least the validity of the sacred texts. Their task consisted partly in the
elucidation of these texts, partly in the rebuttal of anti-religious arguments
or the defense of Islam against its enemies, Manicheans, Jews, Christians,
or atheists. By virtue of its rationalism, this group could undoubtedly be
regarded as pro-philosophical. See Majid Fakhry, Philosophy, Dogma and
the Impact of Greek Thought in Islam. (Aldershot, Hampshire: Variorum,
1994), p. 3.
33
A. Yusuf Ali, The Holy Quran: Text, Translation and Commentary, Srah
Hd: 7.
9
blameworthy and which are worthy of praise. God has also

given the humans the capacity to choose which acts to perform.
For the Mutazilah, the ability to discern is based on a
combination of rational reflection and intuition.34
A contrary position was developed by the Ashariyyah.35
Al-Ashar (d. 324/935), the founder of the Ashariyyah,
focused his kalm on the notion that nothing happens apart from
God's will. Notions of moral intuition and human responsibility
are secondary to the affirmation of the majesty and power of
God. Against the Mutazilah, al-Ashar rejected rationalist
ethics and held that man is incapable of understanding the logic
of both good and evil as these are derived from God. God
relates what is good and what is bad to the world due to His
generosity. When human beings perform praiseworthy or
blameworthy acts, they do so by Gods will. Further the
Asharite position is that the only way for human beings to
distinguish between good and evil is through reading and
interpreting revealed texts, in particular the Qurn and sound
accounts (adth) of Prophet Muammads words and deeds.36
On the question of free will, Islam takes an intermediary
positionthat humans are neither completely free nor
completely controlled.37 Human beings are free in some matters
and predetermined in others.38 What is important to keep in
34
The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito,
Chief editor (New York: Oxford University Press, 1995), vol. 1, p. 443.
35
Ashariyyah represents a school of classical Sunn thought led by Abul-
asan al-Ashar (d. 324/935). A former Mutazilite, he worked out a
compromise between the literalist dogmatism of Ibn-anbal and the
Mutazilite theoretical speculation of human responsibility and free will by
means of his Qurnic notion of kasb (acquisition). See W. M. Watt, The
Formative Period of Islamic Thought, (Edinburgh: Edinburgh University
Press, 1973), pp. 189-195, wherein he indicates that the idea of kasb seems
to originate with irr ibn-Amr, as al-Ashar seems to acknowledge.
36
The Oxford Encyclopedia of the Modern Islamic World, pp. 443-444.
37
For this point, see the detailed discussion of Mutazilah and Ashariyah in
A History of Muslim Philosophy, edited by M. M. Sharif, (Delhi: Low
Price Publications, 2004).
38
Matters like blinking of our eyes and perspiring under exertion and
extreme heat are not under our control; in addition, things like our skin
color, height, the event of our birth in a certain family and our death at a=
10
mind is that some examination of the question of human free

will is connected with the Islamic concept of good and bad.
When Muslims act against a divine code, the violation of which
is attached with punishment, the question of whether they could
really obey the rule by which they are judged is obvious and
inevitable, since if they could not, it seems contrary to justice to
punish them.
Ethics in Fiqh
The field of fiqh (Islamic jurisprudence) also includes
discussions of ethics. Fiqh deals with laws and the principles on
which laws are based. Literally, the term indicates
comprehension; in this context, fiqh has to do with the
concern to comprehend divine guidance. In his famous Rislah,
al-Shfi (d. 204/820) indicates that the concern of fiqh is to
discern that guidance "whereby no one who takes refuge in it
will ever be led astray.39 The great contribution of al-Shfi
and other practitioners of fiqh lies in their development of a
model of reasoning by which human beings could comprehend
divine guidance.40 They considered the Qurn and Sunnah41
the most important sources for comprehending God's law. They
also described the methods of reasoning, such as the use of
qiys (analogy), that could promote Islamic ideals and balance
the notions of duty with concern for the general welfare.42
Other approved types of reasoning include ray (juristic
=certain time are beyond our control. Whether we jump in fire or not is
under our control. Similarly, we are free to choose how to act in and react
to situations and matters that concern our lives. The best that we should try
to do on this matter is to think about it in the context of the master plan of
creation that Allah has for this world. In matters of moralityof deciding
on virtue and vicewe have been given choices and freedom; hence we
are accountable for our actions. However, our responsibility and
accountability are related to human nature. Our freedom is only to the
extent Allah has permitted us to play our role in this worldly life.
39
Cited in The Oxford Encyclopedia of the Modern Islamic World, p. 444.
40
Ibid.
41
Sunnah is the way of life of the Prophet, consisting of his sayings, actions
and silent approvals.
42
11
opinion), istisn (juristic preference), and istil, a type of

reasoning concerned with balancing notions of duty with
considerations of the general welfare. Finally, the judgments of
individual scholars are regulated by the notion of ijm
(consensus), referring either to the consensus of scholars or to
the common sense of the Muslim community.43
Modern scholars routinely draw from earlier theories
when writing about morality. Muslim fiqh scholars often make
legal judgments based on precedents, or examples set by
medieval44 ethicists. Their work sometimes reflects a dialogue
between themselves and a scholar of the past.45 The
publications of authors like ussayn (d. 1973) and Naguib
Mahfouz (d. 2006) might be construed as adab, for example.
Indeed, in some cases, Muslim writers see themselves as
continuing specific conversations that originated in the classical
period. This is most clear in the case of fiqh, which for a variety
of reasons came to have pride of place among the genres
associated with ethical concern. Much Sunn discourse assumes
that judgments about human activity are a matter of discerning
about human activity interpreting the texts and employing the
modes of reasoning developed in the classical theory of ul al-
fiqh or the sources of jurisprudence. The fatw or opinions
issued on the basis of ul al-fiqh by famous al-Azhar jurists
like Muammad Abduh (d. 1905) and Muammad Rashd Ri
(d. 1935) have this character, as do many current pronouncements
on issues of state policy, medical practice, and the like. Such
judgments take place in response to specific cases brought
before a scholar, who then makes a judgment in relation to
authoritative texts, approved modes of reasoning, and the
precedents set by other scholars of fiqh.46
At the same time, important Sunn scholars have argued
that the political and social situation of Muslims in the modern
world call for reforms not only in forms of government or
43
The Oxford Encyclopedia of the Modern Islamic World, p. 444.
44
Medieval refers to the Middle Ages, a period roughly between 500 and
1500 CE.
45
46
12
patterns of investment, but also in religious thought. In his

Rislah al-Tawd (Theology of Unity),47 Muammad Abduh
attempts to find a middle way between the Mutazilah and
Ashariyyah on the place of human moral intuition and revealed
texts in matters of ethics. For Abduh, moral intuition is
sufficient to establish the first principles of morality and also to
work out the implications of morality for social and political
life. Revelation is necessary to indicate religious obligations,
however; and since most human beings require the
encouragement provided by the promise and the threat
associated with the Day of Judgment as a motive to adhere to
moral law, true religion plays an important part in the moral and
political life of human societies. A position similar to Abduhs
was developed by the Indian Sayyid Amad Khn (d. 1898). In
either case, the revisiting of the relationship between kalm and
fiqh provides a way of thinking about ethics that is less tied to
the Asharite emphasis on the limits of human reasoning that
was characteristic of Sunn thinking through the centuries.48
For Mawdd (d. 1979), the ethical viewpoint of Islam
holds the key to all problems, to the transformation of
individual and social life, and to the rebirth of dynamic Islam.
He summarizes his thoughts as follows:
It is high time now that we should look about for a
satisfactory basis of moral life. This kind of search is by
no means a logical hair-splitting, but a practical necessity
of lifeThe conclusion to which I have been led is that
there is only one correct basis for morality and that basis
is supplied by Islam. Here we get an answer to all the
basic ethical questions and the answer is free from the
defects noticeable in philosophic replies and untainted by
other religious creeds, which create neither firmness and
integrity of character nor prepare man to shoulder the
immense responsibilities of civilized life. Here we find a
moral guidance, which can lead us to the highest virtue
47
See Muammad Abduh, Rislat al-Tawd (The Theology of Unity),
Translated from the Arabic by Isq Musaad and Kenneth Cragg, (Kuala
Lumpur: Islamic Book Trust, 2004).
48
13
in every department of life. Here we do find ethical

principles on which the edifice of a truly righteous
civilization can be raised and which, if taken as the basis
of individual and communal conduct, can save human
life from the anarchy, which has overtaken it today.49
The fundamental underlying principle of Islam as presented by

Mawdd is theistic subjectivism; this view is similar in certain
respects to the perspective of the medieval Asharites. Mawdd
finds the existence of many and divergent points of view to be the
source of evil and chaos in society. Man is not to make decisions
by himself regarding the badness or goodness of the rules.50
Among Sh scholars, fiqh also assumes first position
among the classical genres associated with ethics. In centers of
learning like Najaf in Iraq and Qom in Iran, contemporary
scholars stress the importance of precedent and legal reasoning
in ways that are comparable to those of the Sunn scholars. The
Sh tradition is distinct, however, in regard to ul al-fiqh, and
even more on the relationships between fiqh, kalm, and
falsafah. In particular, the historic position of Shah on justice
(al-adl) has important affinities with Mutazilite kalm, in
which the rational capacities of human beings in matters of
moral discernment are emphasized. The related emphasis in fiqh
on aql (reason/intellect) as one of the sources by which human
beings comprehend divine guidance constitutes an important
difference between Sh and Sunn approaches to ethics.51
49
Sayyid Abul Ala Mawdd, The Ethical Viewpoint of Islam, (Lahore:
Markazi Maktaba Jamaah al-Islm, 1947), pp. 29-30.
50
Sheila McDonough, p. 61.
51
14
CHAPTER TWO
EVOLUTION OF FIQH
The evolution of fiqh1 over the ages is the topic of discussion in

this chapter. The study examines the term fiqh from various
aspects to show how this word or its derivation has been used in
the Qurn and the Sunnah.2 The meanings of fiqh and
Sharah3 and the subtle distinction between the two are
discussed. The chapter talks about the stages of development of
fiqh, the first attempts to compile fiqh, the periods of the great
Imms4, the types of compilation of fiqh, the beginning of the
rigidity of the madhhib5, the compilation of adth, the
1
Fiqh is the understanding and application of Sharah (divine law). See
below discussion under the title: The Meaning of Fiqh.
2
Sunnah is the way of life of the Prophet, consisting of his sayings, actions
and silent approvals. It is also used to mean a recommended deed as
opposed to Far or Wjib, a compulsory one.
3
Sharah is the corpus of general principles of Islamic law extracted from
its two fundamental sources, the Qurn and the Sunnah, while also using
other main sources (ijm and qiys) and secondary ones like istisn,
istil, istib, urf etc.
4
Imm literally means a leader, but Islamically it refers to one who leads a
congregation in prayer or an outstanding scholar.
5
Madhhab (pl. madhhib) is a school of thought. The four main schools of
thought of the Sunn sect (mainstream Islam) are the anaf, Mlik,
Shfi and anbal schools of thought, named after their founders.
However, the majority of the Shah, who are also known as Shah al-
Immiyyah al-Ithn Ashariyyah (i.e., the Twelver Imm Shiites) follow
the Jafar school of thought.
organization of fiqh into ul6 and fur, the sources of Islamic

law, the compilation of fiqh, the concept of taqld (the blind
following of a madhhab), the reformers who encouraged
ijtihd7, and finally the efforts that have been made toward
codification of Islamic law. The chapter concludes with a note
that re-establishing Islam as the supreme guide in the daily lives
of Muslims is achievable only by the revival of a dynamic fiqh.8
Meaning of Fiqh
The original meaning of fiqh is the understanding and
knowledge of something. In this sense, fiqh and fahm are
synonymous.9 It implies an understanding of Islam in a general
way or what a prudent person is likely to conclude from obvious
evidences.10 The word has been used in the Qurn in several
instances.11 The same meaning is reflected in the words of the
Prophet.12 The term ilm (knowledge) also gives the same
meaning, and in the time of the Prophet, there appeared to be no
difference in the two terms. Later, as sophistication crept in, the
term ilm came to be applied in a narrow sense to mean
knowledge that comes from reports, that is, from traditions such
as adth and thr13. The term fiqh, on the other hand, came to
6
Ul (sing. Al): The fundamental principles of any science or field of
study. For example, Ul al-Fiqh are the principles by the use of which the
mujtahid arrives at the legal rules through the specific evidences. The fur
refer to the secondary principles.
7
Ijtihd is the effort of the jurist to derive the law on an issue by expending
all the available means of interpretation at his disposal and by taking into
account all the legal proofs related to the issue.
8
See Abu Ameena Bilal Philip, The Evolution of Fiqh (Riyadh: International
Islamic Publishing House, 1996). This extremely readable and lucid work
has been a guide throughout the work.
9
Ahmed Hasan, The Early Development of Islamic Jurisprudence (Delhi,
1994), p. 1.
10
Imran Ahsan Khan Nyazee, Theories of Islamic Law (Delhi, 1996), p. 20.
11
For example: What hath come to these people that they fail to understand a
single fact. (Translation al-Qurn, Srah al-Nis: 78), and They have hearts
wherewith they understand not. (Translation al-Qurn, Srah al-Arf: 179).
12
For example: He for whom Allah wills His blessings is granted the
understanding of dn. (a Muslim: Kitb al-Amrah)
13
thr: deeds and precedents of the Companions of the Prophet (p.b.u.h.).
16
Evolution of Fiqh
be used exclusively to mean knowledge of the law. Fiqh, by its

very definition, involves the exercise of ones intelligence and
personal thinking. The Companions of the Prophet who gave
legal judgments and were noted for exercising intelligence in
their decisions were known as fuqah.14 It is interesting to note
that fiqh could perhaps even cover the meaning of asceticism in
the early period.
It is reported that asan al-Bar said that a real faqh is a
person who despises the world, is interested in the hereafter,
possesses a deep knowledge of religion, is regular in his
prayers, pious in his dealings, refrains from disparaging
Muslims and is a well-wisher of the community.15 The terms
ilm and fiqh were separated when the specialization in law and
tradition came into existence toward the end of the first century
Hijrah.16 Similarly, the terms kalm17 and fiqh were not
separated till the time of al-Mamn (d. 218 AH). Fiqh, till such
time, embraced both theological problems and legal issues. Ab
anfah (d. 150 AH) defined fiqh as a persons knowledge of
his rights and obligations.18 The subject of kalm was
introduced for the first time by the Mutazilah19 as an
independent science, when Greek works on philosophy were
rendered into Arabic during the time of al-Mamn.20 From this
14
Ahmed Hasan, The Early Development of Islamic Jurisprudence, Delhi,
1994, p. 5.
15
Al- Ghazl, op. cit., vol. 1, p. 39. Cited in Ahmed Hasan, p. 3.
16
ijrah refers to the Prophets migration from Makkah to Madinah,
signifying the beginning of the Islamic calendar. See also Ahmad Hasan, p.
3, and Nyazee, p. 21.
17
Kalm: lit. Speech, but often used as abbreviation for ilm al-kalm, that
is, theology and dogmatics.
18
See Sadr al-Sharah (d. 747 AH), al-Tawi f al Jawmid al-Tanqih,
(Karachi, 1972), p. 22. Cited in Nyazee, p. 21.
19
The philosophical school of thought commonly called rationalism. This
school was founded by Wsil ibn A and Amr ibn Ubayd during the 8th
century CE. It later became the official philosophy of the Abbasid state
and an inquisition was instituted in order to force all scholars to abide by it.
Caliph Mutawakkil (1177-1192 CE) abandoned it and lifted the inquisition.
20
Al-Shahristn, al-Milal wa al-Nial, vol. 1, (Cairo, 1317 AH), p. 32.
Cited in Ahmed Hasan, p. 4.
17
period, the term fiqh came to be restricted to the corpus of

Islamic law.
As explained above, the word fiqh was used in the early
days in a comprehensive way to include the tenets of Islam, its
ethics, Islamic law, and the questions relating to the spiritual
aspects of things, for which the term taawwuf subsequently
came into use. In its technical sense, however, it was restricted
to Islamic law alone and was defined as al-ilm bi al-akm al-
shariyyah al-amaliyyah al-muktasabah min adillatih al-
tafliyyah, meaning the knowledge of the Shar akm (legal
rules), pertaining to conduct, that have been derived from their
specific evidences. A brief analysis of this definition brings out
the following observations:
1. The meaning of fiqh is confined to the knowledge of the
al-akm al-shariyyah (legal rules).
2. The use of the word al-amaliyyah qualifies the rules to
mean those that pertain to acts. Thus, knowledge of rules
with respect to belief is excluded.
3. The use of the word al-muktasabah refers to types of
knowledge that are acquired or derived, that is, the
knowledge of the jurist (faqh) and the knowledge of the
layman (muqallid).
4. The use of the term adillatih al-tafliyyah (specific
evidences) further excludes from the definition of fiqh, the
knowledge of the layman. The reason is that the layman
does not acquire his knowledge of fiqh directly from
specific evidences in the Qurn and Sunnah, as does the
jurist. He acquires his knowledge of fiqh from the jurist.21
Meaning of Sharah
Sharah, literally means a waterhole where animals gather
daily to drink, or the straight path as in the Qurnic verse:
*
9" :
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&
01 *2 /
3 4) 561/7 $8
(18 :
) -*!/
21
Imran Ahsan Khan Nyazee, Theories of Islamic Law, Delhi, 1996, pp. 24-25.
18
Evolution of Fiqh
Then We put you on a straight path in your affairs; so

follow it and do not follow the desires of those who have
no knowledge.22
Islamically, however, it refers to the sum total of Islamic laws

revealed to Prophet Muhammad (p.b.u.h.), and which are
recorded in the Qurn as well as deducible from the Prophets
divinely guided lifestyle (called the Sunnah).23
Distinction between Fiqh and Sharah

It is often found that the terms fiqh and Sharah are used
interchangeably. The definitions of the two terms explained
above indicate that the term Sharah has a wider meaning than
fiqh. The main distinctions between these two terms are as
follows:
1. Sharah is the law itself, while fiqh is the knowledge of
that lawits jurisprudence.
2. Sharah is fixed and unchangeable, whereas fiqh changes
according to the circumstances under which it is applied.
3. The laws of Sharah are, for the most part, general and
lay down basic principles. In contrast, the laws of fiqh
tend to be specific and demonstrate how the basic
principles of Sharah should be applied in given
circumstances.
The Stages of Development of Fiqh

As a body of knowledge, fiqh has developed through the
following stages:
The First Stage
The first stage in the development of fiqh covers the era of the
Prophet (609-632 CE), during which the only source of Islamic
law was divine revelation in the form of either the Qurn or the
Sunnah. The Qurn represented the blueprint for the Islamic
way of life, and the Prophets application of the blueprint in his
22
(Maryland: Amana Corporation, 1989), Srah al-Jthiyah: 18.
23
Muhammad Shalabee, al-Madkhal f al-Tarf bi al-Fiqh al-Islm, Beirut,
1969, p. 28. Cited in The Evolution of Fiqh, p. 2.
19
Sunnah acted as a detailed explanation of the general principles

outlined in the Qurn.24
The various sections of the Qurn were generally
revealed to solve the problems which confronted the Prophet
and his followers. A number of verses were direct answers to
the questions raised by people during the era of prophethood.25
A number of other verses were revealed due to particular
incidents, which took place during the era of the Prophet. The
same was the case of Islamic legislation found in the Sunnah,
much of which was either the result of answers to questions, or
were the pronouncements made at the time the incidents took
place. This approach was more easily acceptable to the
freedom-loving Arabs who understood the laws since the
reasons and context of the legislation would be known to them.
The revelations during the Makkan period26 (609-622 CE)
were mainly concerned with the building of faith, in order to
prepare the early converts for the difficult task of establishing
the social order of Islam. The general contents of the Qurn
dealt with al-Tawd (Allahs unity), Allahs existence, the next
life, the incidents of people of the old, prayers, and a challenge
to the Arabs to imitate the style of the Qurn.27 It was during
the Madnan period28 (622-632 CE) that the majority of the
social and economic laws of the Sharah were revealed.
The basis of legislation in the Qurn was that of human
reformation. As such, beneficial human customs and practices
were recognized and incorporated into the body of divine
legislation. Qurnic legislation incorporated the principles of
removal of difficulty, reduction of religious obligations, and
realization of public welfare and universal justice. This period
marked the beginning of the evolution of fiqh and it was during
24
al-Madkhal, p. 50. Cited in The Evolution of Fiqh, p. 5.
25
Many of these verses actually begin with the phrase They ask you
about., for example 2:217, 2:219 and 2:222.
26
This period started with the beginning of the prophethood in Makkah and
ended with the Prophets Hijrah to the city of Madnah.
27
al-Madkhal, pp. 51-55. Cited in The Evolution of Fiqh, p. 9.
28
The Hijrah marked the beginning of this period and the death of the
Prophet in 632 CE.
20
Evolution of Fiqh
this period that the foundations for the science of deducing laws
from the Qurn and the Sunnah were laid by the Prophet
(p.b.u.h.).
The Second Stage

The second stage represents the era of the Righteous Caliphs
from the death of the Prophet (p.b.u.h.) to the middle of the 7th
century CE (632-661). With the expansion of the borders of the
Islamic state, Muslims were exposed to totally new systems,
cultures, and patterns of behavior, for which specific provisions
were not to be found in the laws of the Sharah. To deal with
the new problems, the Righteous Caliphs relied on ijm29 and
ijtihd, in which they had been trained by the Prophet. They
established procedures, which later became the basis for
legislation in Islam.
In order to find the solution to new problems, the first step
would be to search for a specific ruling on the problem in the
Qurn. In the absence of a provision, a search for it would be
made in the Sunnah. If still no answer was found, a meeting of
the main companions of the Prophet would be called to arrive at
an ijm. If there was no ijm, the position of the majority was
taken. Finally, if the differences were so great that a majority
opinion could not be determined, the Caliph would then make
his own ijtihd, which would consequently become law.
There were some distinguishing features of fiqh during
this period. It was free from factionalism. It was based on actual
problems rather than imaginary ones. As a general practice,
personal interpretation of the Sharah was avoided. Some laws
of the Sharah were modified, either owing to the
disappearance of the reason for the laws existence, or a change
in the social conditions. The unified approach to fiqh prevented
the rise of madhhib.
29
Ijm is the unanimous agreement of the companions of the Prophet
(p.b.u.h.), or scholars in general, on a point of Islamic law.
21
The Third Stage

The third stage covers the rise and fall of the Umayyad
dynasty30, covering a period of about a century, extending from
the death of the Righteous Caliph Al ibn Ab lib in 661 CE
and the founding of the dynasty until the last of the Umayyad
Caliphs around the middle of the 8th century CE. This period is
significant in the historical development of fiqh and madhhib.
The period was marked by great social unrest, dividing
the Ummah31 into various sects and factions. The caliphate was
converted into a kingship. Many new practices which were
common in the non-Islamic states of that time, such as
Byzantium, Persia, and India were introduced32, and scholars
fled to outlying areas in order to avoid conflict and confusion.33
The socio-political changes caused a number of sects and
factions to appear. The Shah34 and the Khawrij35 rebelled,
and later developed their own particular systems of fiqh.
30
The Umayyads were in power for approximately one century, extending
from the death of the last of the Righteous Caliphs, Al ibn Ab lib in
661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph
Muwiyah ibn Ab Sufyan, until the last of the Umayyad Caliphs around
the middle of the 8th century CE.
31
Ummah: Literally means nation, but commonly used to mean the
Muslim nation, which has neither geographic boundaries nor a national
language.
32
The central treasury (Bayt al-Ml) was turned into the personal property of
the Caliphs. Taxes not sanctioned by Islam were introduced. Music,
dancing girls, magicians, and astrologers were introduced as forms of
amusement in the court of the Caliph. See The Evolution of Fiqh, p. 46.
33
al-Madkhal, pp. 121-122. Cited in The Evolution of Fiqh, p. 45.
34
The term is applied to a variety of dissident groups united by their belief
that the Prophets nephew and son-in-law, Al ibn Ab lib and his
descendents, were divinely appointed to lead the Muslims, spiritually and
politically.
35
The part of the army of Al ibn Abi lib that broke off during the battle
of iffn (657 CE).
22
CHAPTER THREE
AL-AMNAH (TRUST)
Meaning of Amnah
The word amnah is derived from a three-letter root verb ()
(alif mm nn), which means to be in the state of peace, safety
and security. In the noun form, the word becomes amn ( )
which means peace, security, safety, shelter and protection.
Amnah literally means trust, reliability, trustworthiness,
loyalty, faithfulness, integrity, honesty and confidence. From
this root-verb also originates mn or faith. It follows that peace
in society is achieved through individual faith. The concept of
amnah binds individuals with society.
The Qurn mentions about a trust (amnah) given to
mankinda trust which the heavens, the earth and mountains
refused to bear because they were afraid of the heavy
responsibility that amnah entails:
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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.1
1
A. Yusuf Ali, The Holy Quran: Text, translation and commentary,
(Maryland: Amana Corporation, 1989), Srah al-Azb: 72.
Man is a special creation of Allah (s.w.t.), Who created him as

His vicegerent (khalfah) and has created everything else in the
universe for his service. Everything in the creation is a trust
(amnah) from Allah (s.w.t.) to man, and as the khalfah of
Allah (s.w.t.) on earth, man has been assigned a duty to
establish a peaceful society and civilization on earth.
This understanding of mans role as khalfah of Allah on
earth and the use of its resources by him as Allahs amnah to
him gives a much deeper meaning to the concept of ownership
in Islam. It implies that ownership in the Islamic society,
whether private or public, is not absolute. Resources are only an
amnah whose actual owner is Allah (s.w.t.). Whatever one
owns is actually what one holds in trust and must be used to
achieve just ends. From this goal-oriented utilization of
resources emerges a whole dynamic of business ethics with
social responsibility, respect for private property, dignity of
labor and its fare share in production, and ones duty to earn
ones living with honesty and dignity.
Accountability, honesty, transparency, conscientiousness,
and perfection of action (itqn) are all parts of amnah. The
concept of amnah makes human life more meaningful because
this puts him squarely charged with creating a moral social
order. Thus, it provides him with the opportunity to demonstrate
his ability to be the khalfah of Allah on earth.
The concept of amnah determines the individuals
relationship with the family, society, state and government. Man
is attached to these institutions both materially and spiritually.
Amnah establishes mans responsibility toward his immediate
kin, such as parents, children, spouse, and other relatives and
socio-political institutions. The concept resolves the issues
pertaining to the rights and responsibilities of individuals in
every facet of life. One persons right is another persons
responsibility: it is a huge contract that an individual has with
his society, with the animal world, with the plant world, and
with the overall environment.
In the family, the man and woman are entrusted with the
amnah of cultivating the talent and abilities in a constructive
way, and of providing maintenance, care, education and good
24
Al-Amnah (Trust)
treatment to the family members. The Qurn reminds mankind

that when a person does anything to please Allah (s.w.t.) and
fulfills the amnah, it would ultimately bring good to
himself/herself.
In defining the individuals relationship with society, the
Qurn declares the concept of amnah as the cornerstone to
the establishment of institutions to govern society under a just
socio-political order.
The Qurnic verse 58, Srah al-Nis is a very
significant one from the perspective of the governance of
society. Addressing the believers, the verse commands them to
render amnah (trust) to whom it is due, and when judging
between people, to do so with justice.
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Verily! Allah commands that you should render back
the trusts to those, to whom they are due; and that when
you judge between men, you judge with justice. Verily,
how excellent is the teaching, which He (Allah) gives
you! Truly, Allah is Ever All-Hearer, All-Seer. (4: 58)
The occasion surrounding the revelation of this verse and the

Prophets explanation of this verse are very significant. This
verse was revealed immediately after the liberation of Makkah
from idol-worship and the injustices committed by the Arabs.
Following the liberation, Abbas, the Prophets uncle,
demanded the key of the Kabah from the clan Ban Abd al-
Dr who were not yet Muslims. The Prophet granted the
request. This verse was then revealed. Consequently, the
Prophet returned the key to Uthmn ibn Ab ala and his
cousin Shaybah ibn Uthmn, the two representative figures of
Ban Abd al-Dr. The rationale behind this act was that the
clan was traditionally maintaining the trust of the people with
the key and had been providing the necessary services to
pilgrims, and therefore, there was no need to deprive them of
25
this responsibility. The verse was followed by guidance for the

believers on leadership and governance of society:
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follow Allah, follow the Prophet, and those from among
you who have been entrusted with authority. (4: 59)
The Qurnic concept of amnah and its implication on society

must be understood in the light of this verse and others quoted
above.2
The core purpose of mans creation is to perform ibdah
to Allah without association and the fulfillment of amnah
(trust) is a form of ibdah. To sum up, the term amnah
denotes the following meanings:
- To fulfill ones responsibilities towards Allah and His
creation (human beings, animals and nature or the
environment).
- To be honest and sincere in doing things.
- To keep deposits properly and use them according to the
terms and conditions of the owner.
Significance of Amnah
It is noteworthy to state here that keeping amnah is considered
by the Messenger of Allah (p.b.u.h.) as a sign of mn (faith),
while breaching it is a sign of hypocrisy. The Messenger of
Allah (p.b.u.h.) used to remind his companions of this fact at all
times. Anas Ibn Mlik reported:
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For a detailed discussion, see Muammad al-hir ibn shr, Tafsr al-
Tarr wa al-Tanwr, (Tunis: al-Dr al-Tnisiyyah, 1984), vol. 2, pp. 91-
102. Perhaps Ibn shurs analysis of the verses 4, pp. 58-59 is one of the
most comprehensive and insightful. It should be noted that Ibn
Taymiyyahs al-Siysah al-Shariyyah f Il al-R wa al-Raiyyah and
al-Mwardis al-Akm al-Sulniyyah wa al-Wilyt al-Dinyyah focused
only on verse 4, p. 59.
26
Al-Amnah (Trust)
Anas bin Mlik reported that whenever the Prophet

(p.b.u.h.) preached to his companions, he used to say:
The person who does not keep trust has no mn (faith)
and the person who does not respect his covenant (and
promise) has no religion. (adth, Amed)
The Messenger of Allah (p.b.u.h.) was reported to have said:

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Among the signs of a hypocrite are three: (a) Whenever
he speaks, he tells a lie, (b) Whenever he promises, he
always breaks it (his promise), and (c) If you trust him,
he proves to be dishonest. And in one version he said:
Even if he performs fasting and prayer and claims to be
a Muslim. (adth, Muslim)
Aspects of Amnah
The term amnah is used in the Qurn and the Sunnah to
indicate a much broader meaning; that is, everything given to us
by Allah (s.w.t.) is a kind of amnah (trust) that should be
managed appropriately according to the laws and rules revealed
by Allah (s.w.t.). Every task or responsibility assigned to us is
considered as amnah. We may categorize some of the
important aspects of amnah as follows:
1. The amnah of taklf

The first amnah we were entrusted with is to be khalfah
(vicegerent) of Allah (s.w.t.), i.e. to live in this world and be the
subjects of Allahs laws and commands. Two things form the
essence of this trust: (i) having been given by Allah the mental
faculty and rational power by which we can discern the good
and the bad, the right and the wrong, (ii) having been given
the free will by which we can decide to do good or to do
bad, to be right or to be wrong, and to worship God and
submit to His Will, or to worship ourselves and submit to our
desires, whims and fancies.
27
Allah states in the Qurn that He offered this amnah to

the heavens, the earth and the hills, but they declined to accept
it for fear of not being able to fulfill it as they were not prepared
to take the amnah as man was.
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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).
2. The amnah of returning deposits to their owners

When one is entrusted with deposits, it is his duty to keep them
properly and return them safely whenever their owners want
them. This is the command of Allah, expressed in the following
verse:
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3. Amnah in domestic life

The wife is an amnah (trust) entrusted upon the husband.
Thus, it is his duty to provide her with nafaqah (maintenance),
care for her, educate her, treat her well and guide her to the
straight path. The wife is duty-bound of take care of his
household, which is an amnah to her. Both are duty-bound to
take care of their children and to guide them to the straight path.
The Prophet (p.b.u.h.) made these responsibilities very clear in
the following adth:
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Al-Amnah (Trust)
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Every one of you is a guardian and every one will be
asked about his subjects. The leader is a guardian and he
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. A servant is the guardian of the articles of
his master and he is answerable about the responsibility
of his. (adth, al-Bukhr)
4. Amnah in meetings and keeping secrets

Maintaining secrecy and confidentiality of what is required to
be confidential is considered an amnah in Islam. It is reported
that the Messenger of Allah said:
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What is said in meetings and meant to be confidential is
a trust, unless there was a conspiracy to shed protected
blood, or to commit adultery, or to violate the property of
someone. (adth, al-Tirmidh)
5. Misuse of office is a betrayal of amnah

Trust demands that if a person is appointed to a certain public
position, he should not use it for self-aggrandizement or for the
benefits of his relatives. The use of public funds for personal
purposes is a crime. Allah (s.w.t.) says in the Qurn:
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If any person is so false, he shall on the Day of
Judgement, restore what he misappropriated; then shall
every soul receive its due whatever it earned and
none shall be dealt with unjustly. (3: 161)
29
Islam forbids the exploitation of ones office and taking undue

advantages from it. It is very severe in closing all the avenues of
earning illegal wealth.
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Ab Hurayrah reported that while the Prophet was saying
something in a gathering, a Bedouin came and asked him:
When would the Hour (Doomsday) take place? Allahs
Messenger continued his talk, so some people said that
Allahs Messenger had heard the question, but did not like
what that Bedouin had asked. Some of them said that
Allahs Messenger had not heard it. When the Prophet
finished his speech, he said: Where is the questioner, who
enquired about the Hour (Doomsday)? The Bedouin said:
I am here, O Allah's Messenger. Then the Prophet said:
When amnah is lost, then wait for the Hour
(Doomsday). The Bedouin said: How will that be lost?
The Prophet (p.b.u.h.) said: When power or authority
comes in the hands of unfit persons, then wait for the Hour
(Doomsday.) (adth, al-Bukhr)
In another occasion, the Prophet (p.b.u.h.) said:

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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. (adth, Muslim)
30
Al-Amnah (Trust)
But one who adheres to the commands of Allah (s.w.t.) in

fulfilling his responsibilities, and is averse to indulging in
dishonest practices in performing his duties will be generously
rewarded as a Mujhid (a fighter for the supremacy of the
religion).
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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. (al-
abarn)
6. The amnah of wealth and abilities

Allah stated in the Qurn that everyone will be questioned on
the Day of Judgement about all the blessings and bounties that
were given to him by Allah (s.w.t.). This denotes that the
bounties have been placed in our hands as a form of amnah:
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about the boons. (102: 8)
The Prophet (p.b.u.h.) elaborated more on this issue by

saying:
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Before the end of the Day of Judgement, everyone will
be questioned about the following: (i) How did he spend
his life? (ii) What did he do with his knowledge? (iii)
From where did he get his wealth and on what did he
spend it? (iv) In what did he use his physical and mental
faculties? (adth, al-Tirmidh).
31
32
CHAPTER FOUR
AL-ADL (JUSTICE)
Justice, writes Chandra Muzaffar, is the real goal of religion. It

was the mission of every Prophet. It is the message of every
Scripture.1 Al-Adl (Justice) is Allahs attribute and to stand
firm for justice is to be witness to Allah. Justice is, in fact, the
bond which holds society together and which transforms it into
one brotherhood. The following discussion will focus on these
topical areas; meaning of justice, forms of justice, causes of
injustice, and things that may help a person to do justice.
Meaning of Justice
There are several Arabic terms used for justice. The most
common is adlah2 or adl, which is an abstract noun derived
from the verb adala, which means: first, to straighten or to sit
straight, to amend or modify; second, to run away, depart or
deflect from one (wrong) path to the other (right) one; third, to
be equal or equivalent, to be equal or match, or to equalize; and
fourth, to balance or counter-balance, to weigh, or to be in a
state of equilibrium.3
1
Chandra Muzaffar, The Implementation of Justice in Politics, in Islam
and Justice edited by Aidit Ghazali, (Kuala Lumpur: Institute of Islamic
Understanding Malaysia, 1993), p. 159.
2
Faruqi, Law Dictionary, (Beirut: Libraitie Du Liben, 3rd ed., 1982), p. 397.
3
See Ibn Manzr, Lisn al-Arab, Vol. 13, pp. 457-458; al-Fayrzbd, al-
Qms al-Mu, Vol. 1, p. 431; Vol. 2, pp. 415-416; Vol. 4 (pt. 2), p. 6;
al-Zabd, Tj al-Ars, Vol. 8, pp. 9-10; and al-Maqqar, Kitb al-Mib
al-Munr, Vol. 2, pp. 541-542, passim pp. 689-690.
Technically, adl may connote the following meanings: (i) To

place things in their rightful places; (ii) to give people their
rights and what they deserve; (iii) to be impartial in ones
judgments and decisions; (iv) to say the truth; (v) to be balanced
in ones views and judgments; (vi) to avoid biases and
prejudice; (vii) and to avoid oppressing others.
Other Arabic words used for justice include: Qis,4 qad,
mzn, qiss, istiqmah, wasa, nab and iah.5 The antonym
of adl is jawr. Its antonyms include: ulm (wrongdoing),
ughyn (tyranny), mayl (inclination) and inirf (deviation).6
Forms of Justice
Sad ibn Jubayr is reported to have said that justice may take
on four different forms:
1. Justice in making decisions in accordance with Allahs
Decree:
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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.7
2. Justice in speech in accordance with Allahs Decree:

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The term qis and its derivatives appear 8 times in the Qurn. See for
example, 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; and 60: 8.
5
Majid Khadduri, The Islamic Conception of Justice, (Baltimore and
London: The Hopkins University Press, 1984), p. 6.
6
Ibid.
7
(Maryland: Amana Corporation, 1989), Srah al-Nis: 58.
34
Al-Amnah (Trust)
And when you speak, then be just though it be (against)

a relative, and fulfil the covenant of Allah. This He has
enjoined you with that you may be mindful. (6: 152)
3. Justice in [pursuit of] salvation in accordance with

Allahs Decree:
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Then guard yourselves against a day when one soul
shall not avail another nor shall intercession be accepted
for her, nor shall compensation be taken from her, nor
shall anyone be helped (from outside). (2:48)
4. Justice in the sense of attributing an equal to God in

accordance with Allahs Decree:8
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Praise be to Allah, Who created the heavens and the
earth, and made the darkness and the Light. Yet those
who reject faith hold (others) as equal, with their
Guardian-Lord. (6:1)
The following sections elaborate on two forms of justice,

namely, justice in making decisions and justice in speech.
i. Justice in making decisions (judicial justice)

This type of justice involves mainly judges, mediators, and
arbiters, and it may involve any person who is asked to do so
between two parties even if he is not an official judge. This
form of justice means to be impartial in judging between
people. To achieve this, the judge must be an honest and upright
person who is not swayed by extraneous considerations when he
comes to decide cases. He must also be well-versed with the
law. His character must be beyond reproach, in the sense that he
8
Ibid., pp. 7-8.
35
disciplines himself, and is not himself a breaker of the law. 9

Fyzee in his The Adab al-Q in Islamic Law, has outlines
the characteristics that a Muslim judge must possess in order to
be impartial.
(He) should be God-fearing, he should be just, he
should not follow his passions, nor favour any party, nor
fear any person. He must obey God, hope for divine
favour and save himself from punishment. (He) must not
carry on trade, nor should he take loans, nor be bad-
tempered and quarrelsome. People should have no doubt
as to his virtue, sobriety, wisdom and knowledge of law
and traditions. He must be strict in the matter of religion,
but not be harsh of speech. He should not exercise his
power in anger, or when he is weakened by non-
obligatory fasts. He should not perform his judicial
functions under the influence of hunger or thirst, nor
when his is moved by lust, nor when his mind is
10
distracted by heat or cold.
A judge is a very important person as he determines the fate of

people. Therefore, it is important that when one is appointed or
requested to judge between people, to either, excuse oneself if
one fears to be incapable of rendering justice, or to judge with
equity. This was the command made by Allah to His last
Messenger when the Jews used to refer some cases among them
to him. It is clear that they were not sincere in referring those
cases to him. It was just for the purpose of finding mistakes that
would be used to create confusion and cast doubt on his
message. But even with the bad intention of the Jews, Allah
(s.w.t.) commanded the Prophet (p.b.u.h.) to observe justice if
he chose to judge between them.
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Faiza Thamby Chik, Judges and Judicial Officers, in Islam and Justice,
p. 153.
10
Ibid., p. 154.
36
Al-Amnah (Trust)
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)
ii. Justice in speech

A Muslim is required to always speak the truth and not bear
false witness not only with friends, but even with enemies
and tyrants. Enmity, tyranny and oppression never justify
exceeding the limits of justice while acting against our
enemies or those who commit injustice. Acknowledging that
it would not be easy to do justice to our enemies, the Qurn
commands and reminds us to do justice in all situations, and
not to let enmity lead us to make accusations or fabricate
evidence against our enemies.
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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)
Moreover, one has to bear witness with justice and say the
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O you who believe! Stand out firmly for justice, as
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or your parents, or your kin, be he rich or poor, Allah is a
Better Protector to both (than you). So follow not the
37
lusts (of your hearts), lest you may avoid justice, and if
you distort your witness or refuse to give it, verily, Allah
is Ever Well Acquainted with what you do. (4:135)
Causes of Injustice
Several causes and motives may instigate injustice. The
following are the most prevalent of them:
- Hatred: Hatred usually leads to committing injustice
against enemies and opponents.
- Love and favour: These sentiments are usually the causes
behind doing injustice to others in favour of ones
relatives and cronies.
- Self-interest and greed: In so many cases, we may be
driven to injustice by greed and selfishness.
- Ignorance: Sometimes we may commit injustice because
of our lack of knowledge of what is right and wrong, and
good and bad.
- Making hasty decisions: Hasty decisions are more likely
to be an unjust decisions as they are not thoroughly
thought out.
Factors that help a person to do justice

1. On the individual level, the following attitudes and
actions may serve as a great help for one to achieve
justice in his words and actions.
a) Realization that injustice has dire consequences:

When we realize that whatever injustice we do in this life will
be punishable, if not in this life then in the Hereafter, and that
even if we may be protected in this life by influential people
against due punishment for our injustice, on the Day of
Judgment no one will be able to do so. This realization will lead
to self-consciousness and to do ones best to avoid and prevent
injustice. Allah (s.w.t.) says:

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38
Al-Amnah (Trust)
And do not think Allah is unaware of what the unjust

do; He only delays them to a day on which the eyes will
stare in terror. As they come hurrying on in fear their
heads upraised, their gaze returning not to them, and
their hearts vacant. (14:42-43)
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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)
The Prophet (p.b.u.h.) said:

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Ab Hurayrah reported that one day the Prophet asked
his companions: Do you know who the bankrupt (the
poor) is? They answered: 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; he had
offered prayer; he had paid zakh; he had observed fast;
but he would have abused somebody, he would have
falsely accused some one; he would have unlawfully
taken someone elses property; he would have murdered
someone; he would have hit someone. 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
39
victims would be given to him and he would be thrown

into Hell. (adth, Muslim)
b) Avoiding helping or abetting oppressors

The second factor that helps one to avoid injustice is not to
associate oneself with oppressors or to help them in any way.
That is because people sometimes do injustice not because they
like doing it, but because of others. Allah (s.w.t.) says:
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then you shall not be helped. (11:113)
c) Examining what we hear about others before accusing

or acting against them and avoiding acting against
people upon suspicion.
In order to avoid the possibility of causing harm to oneself and
others upon the acceptance of blind information about others or
acting against others upon suspicion, it is commanded for a
Muslims in particular and humanity at large to examine those
information before taking a decision. Allah (s.w.t.) says:
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40
Al-Amnah (Trust)
The Prophet (p.b.u.h.) said:

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Ab Hurayrah reported that the Prophet (p.b.u.h.) said:
Avoid suspicion, for suspicion is the gravest lie in talk
and do not be inquisitive about one another; do not spy
on one another; do not feel envy with the other; nurse no
malice; nurse no aversion and hostility against one
another; and be fellow-brothers and subjects of Allah.
(adth, al-Bukhr)
2. On the societal level, the following verse indicates that

justice in a society requires three elements to be
implemented and upheld:
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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)
Those three elements are:

i. The Book, which refers to the just and perfect laws Allah
(s.w.t.) has laid down.
ii. The Balance, which refers to the knowledge and wisdom
of the judge by which he can weigh contradicted pleas and
evidences to deliver just decisions.
41
iii. The Iron, which refers to power and authority. Usually

justice cannot be implemented willingly. It needs to be
imposed on wrongdoers and tyrants.
42
CHAPTER FIVE
AL-BIRR (VIRTUE)
Meaning of al-Birr
The term al-birr is one of the moral terms used in the Qurn,
and is perhaps the most elusive. Others include: (1) li
(righteous); (2) marf (means literally known, i.e. what is
regarded as known and familiar, and therefore, socially
approved. In the language of the Quran, it means, what is
acknowledged and approved by Divine Law); (3) khayr (good);
(4) usn (what is pleasing, satisfying, beautiful or admirable);
(5) asan (pl. asant) (good); (6) ayyib (ayyibt) (denotes
any quality that strikes the sense the senses of taste and odour,
in particular as very delightful, pleasant, and sweet.); and (7)
all (denotes anything that is not held as taboo, anything that
has been set free from it).
The opposite of these terms are: (1) sayyi (pl. sayyit /
sayyiah) (evil doing); (2) munkar (the antithesis of marf,
which means literally what is disapproved precisely because it
is unknown and foreign. In the language of the Qurn, it
denotes what is disacknowledged and disapproved by Divine
Law); (3) sharr (evil); (4) ithm (sinful); (5) s (displeasing);
(6) fishah (pl. fash) (signifies anything foul and
abominable beyond measure); (7) khabth (the antithesis of
ayyib); and (8) dhanb (pl. dhunb) (sin).1
1
Toshihiko Izutsu, Ethico-Religious Concepts in the Quran, (Kuala
Lumpur: Islamic Book Trust, 2004), pp. 241-292.
The term birr is precisely defined in the

following adth:
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Al-Nawws ibn Simn al-Anr reported: I asked
Allahs Messenger (p.b.u.h) about virtue and vice. He
said: al-birr (virtue) is a kind disposition and vice is what
rankles in your heart and that which you hate that other
people should come to know of it. (adth, al-Muslim)
Thus, al-birr means a belief; act or saying that is useful and

beneficial to mankind, and is in compliance with the divine law.
Al-Birr can be defined as any of the following:
1- Observing the obligations enjoined by Allah (s.w.t.) and
those acts recommended by Him to be performed.
2- Refraining from doing acts and saying things that are
prohibited by Allah (s.w.t.).
3- Doing all acts that are helpful and beneficial to oneself,
ones family and relatives, human beings and animals.
Examples of al-Birr (virtue)

Although the concept of al-birr is dealt with in many verses of
the Qurn,2 the main verse that explains this concept in details
is the following verse:

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See also: al-Qurn: (2: 177), (2: 189), (3: 92), (5: 2)
44
Al-Birr (Virtue)
It is not righteousness that ye turn your faces Towards

East or West; but it is righteousness- to believe in Allah
and the Last Day, and the Angels, and the Book, and the
Messengers; to spend of your substance, out of love for
Him, for your kin, for orphans, for the needy, for the
wayfarer, for those who ask, and for the ransom of
slaves; to be steadfast in prayer, and practice regular
charity; to fulfil the contracts which ye have made; and
to be firm and patient, in pain (or suffering) and
adversity, and throughout all periods of panic. Such are
the people of truth, the Allah-fearing.3
This verse clearly states that genuine al-birr involves the

following:
1. Avoidance of superficial concepts and rituals,
meaningless formalities and non-effective beliefs.
Righteousness is not merely a matter of void utterances. It
must be founded on strong mn and constant practice. It
must cover a persons thinking and actions and extend to
his internal and external life, and to his individual and
public affairs.4
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2. Upholding true beliefs as delineated in the Qurn, and

avoiding all misconceptions related to the divine world.

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(2:177)
3
A. Yusuf Ali, The Holy Quran: Text, Translation and Commentary, Amana
Corporation, Maryland, 1989, Srah al-Baqarah: 177.
4
Hammudah Abdalati, Islam in Focus, (Islamic Teaching Center, n.p., n.d.), p. 25.
45
3. Manifesting the sincerity of mn (conviction) in deeds

of charity and kindness to relatives and fellow men.5
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give (freely) of that which you love; and whatever thing
you spend, Allah is aware thereof. (3:92)
4. Being steadfast in practising ritual obligations.

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and practice regular charity; (2:177)
5. Fulfilling promises.
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Commenting on the foregoing verse, Izutsu writes, A glance at

the elements here enumerated as constituting true birr would
make us understand at once that there is practically nothing to
distinguish it from lit, or true mn.6 It is made crystal
5
Ibid., p. 26.
6
Izutsu, Ethico-Religious Concepts in the Quran, p. 241.
46
Al-Birr (Virtue)
clear in the above verse that fulfillment of the above stated

social and religious duties is what entitles a person to al-taqw.7
According to the following verse, birr simply means taqw:
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They ask thee concerning the New Moons, say: They
are but Signs to mark fixed periods of time in (the affairs
of) men, and for Pilgrimage. It is no virtue if ye enter
your houses from the back: it is virtue if ye fear God.
Enter houses through the proper doors: and fear God:
that you may prosper. (2:189)
The Sunnah of the Messenger of Allah is full of adth, which

deal with the notion of al-birr. Since it will be very difficult to
gather here all the adth related to this concept, only a few
examples will be cited to show the comprehensiveness of al-
birr that includes even the simplest things in daily life. One
example is the following adth:
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Ab Hurayrah (may Allah be pleased with him) narrated
that the Prophet (p.b.u.h.) said: A charity is due on
every joint of a person, everyday the sun rises.
Administering justice between two persons is a Charity;
assisting a person to ride upon his beast (vehicle), or
helping him load his luggage upon it, is a charity; and a
good word is a charity; and every step that you take
7
Taqw is the state of heart that motivates virtuous conduct and prevents
evil actions.
47
towards prayer is a charity, and removing of harmful

things from a pathway is a charity. (adth, al-Bukhr)
Al-birr encompasses not only acts rendered to human beings,

but also those rendered to animals and birds. The following
adth firmly establishes this notion of al-Birr:

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Anas (may Allah be pleased with him) narrated that the
Prophet (p.b.u.h.) said: Never does a Muslim plant trees
or cultivate land from which a bird or a man or a beast
eats, but that is a charity on his behalf. (adth, al-
Bukhr and Muslim)
48
CHAPTER SIX
AL-AMR BI AL-MARF WA AL-NAHY AN AL-MUNKAR
(ENJOINING VIRTUES AND FORBIDDING EVIL)
Dn al-Islm, is not a religion in the spiritual sense of the word

only; it is a transcendental way of life that encompasses both
spiritual and material aspects of human life. Al-Islm seeks to
create peace and harmony in Muslim societies in particular and
human societies in general. Therefore, Islam has instituted ways
and means to promote good and prevent evil in society in order
to maintain a just social order and discipline the moral character
of its members. The most important social injunction of Islam is
known as al-amr bi al-marf wa al-nay an al-munkar. If
this injunction is understood and practiced by every Muslim
male and female in particular, and by every human being in
general, with a full sense of sincerity and Allah-consciousness,
then it will be easy to control evil and construct good social
order based on morality. In order to understand this injunction
promoted by Islam, it will be very significant to know its
meaning.
The meaning of al-amr bi al-marf wa al-nahy an al-

munkar
The Islamic ethical principle of al-amr bi al-marf wa al-nahy
an al-munkar consists of four important terms or concepts: al-
'amr (), al-marf (), al-nay (), and al-munkar
().
Al-amr ( )means to invite to, to encourage, to
promote, to spread, to command, to order, etc., which can be
interpreted according to its usage in two different aspects. The

first aspect, which is variously the invitation and
encouragement to do a moral good, is applicable in a close
relationship that everyone can handle easily. For instance, in the
case of a friend, sibling (brother or sister), or colleague, it can
just take the form of a sincere advice as the element of authority
is lacking in such a relationship. The second aspect, which is
the commanding and ordering to do a moral good, is applicable
to the social level of the individual. For instance, the command
or order given by the people who have authority and a position
of power, like a ruler of a state or a local governor, or parents, is
in the form of a direct law or command to their subject (i.e.,
peoples or children).
Al-marf ( )literally means acts that are judged to
be inherently good1 (manner or way),2 and are approved3 by
others. In other words, al-marf includes all acts that are
socially approved4 by the society at large, and that please Allah
(s.w.t.) in terms of being permitted, or obligatory,5 and
therefore, rewarded by Him. For instance, theft, murder,
slander, lies, cheating, and the like, are universally known as
evil deeds among all peoples of the world. Likewise, truth,
charity, peace, fidelity and the like are universally cherished
values of good. Moreover, al-marf includes everything,
internal and external aspects of a persons moral conduct, which
has been enjoined by Allah and His Prophet (p.b.u.h). The
internal aspect of a persons moral conduct includes: (1) Ikhl
(absolute sincerity to Allah); (2) tawakkul (dependence on
Allah); (3) al-raj (hope for Allahs mercy and fear of His
punishment); and (4) al-abr (patience with the decree of Allah
and complete surrender to His order). The external aspect of a
1
See Ibn Manr, Lisn al-Arab, vol. 9, p. 239.
2
Elias A. Elias, Elias Modern Dictionary (Beirut: Dr al-Jalil, 1986), p. 435.
3
Majid Fakhry, Ethical Theories in Islam, (The Netherlands - Leiden: E.J.
Brill, 1991, p. 12.
4
Toshihiko Izutsu, Ethico-Religious Concepts in the Quran, (Malaysia
Kuala Lumpur: Islamic Book Trust, 2004, p. 248.
5
See al-Ghazali, Iy Ulm al-Dn, translated and Revised by Dr. Ahmad
A. Zidan, (Egypt Cairo: Islamic Inc. for Publishing and Distribution, 1st
ed. 1997, Vol. 1), p. 279.
50
Al-Amr Bi al-Marf wa al-Nahy An al-Munkar
persons moral conduct includes: (1) truthfulness of speech;

(2) fulfilling of obligations; (3) returning trusts to their owners;
(4) good behaviour towards parents; (5) maintaining of family
ties; (6) cooperation in all acts of good and righteousness;
(7) benevolence and generosity toward ones neighbours,
orphans, poor people, stranded travellers, companions, spouses,
and servants; (8) justice and fairness in speech and actions;
(9) calling people to good character, and acts of forbearance,
such as establishing relations with those who cut you off, and
forgiving those who oppress you. Thus, enjoining people to be
close together and cooperative, and forbidding them from
dividing themselves are also part of what is right.6
Al-nay ( )means forbidding others from doing evil,
which varies according to the level of authority. Those with
authority and means of power are able to abolish evil with an
iron fist, while those lacking such means of power may have to
resort to sincere advice, mild rebukes and abandonment
according to the severity of the evil deeds.
Al-Munkar ( )literally means acts that are condemned,
forbidden and disliked by the Shar,7 or classified as disagreeable,8
unlawful (arm), disliked (makrh),9 disapproved, and
reprehensible10 because they are unknown.11 Hence, al-Munkar is
something completely opposite of al-Marf. It is an action, which
may lead to neglecting ones duties or may cause undue harm to
oneself or to others, and therefore, Allah (s.w.t.) prohibits it. In
other words, al-munkar means all acts of evil condemned by Allah
(s.w.t.) in the Qurn and forbidden by the Prophet (p.b.u.h.).
These acts are both a danger to the perpetrator and a menace to
society at large. The ultimate and worst form of al-munkar is
6
Ibn Taymiyyah, al-Amr bi al-Marf wa al-Nahy an al-Munkar (Enjoining
Right and Forbidding Wrong), Translated by Salim Abdallah Ibn Morgan,
pp. 6-7. <http://www.islambasics.com/view.php?authID=25> (accessed on
5 September 2009).
7
See Ibn Mandhr, Lisn al-Arab, vol. 5, p. 233.
8
Elias A. Elias, Elias Modern Dictionary, p. 733.
9
See al-Ghazl, Iy Ulm al-Dn, p. 281.
10
Majid Fakhry, Ethical Theories in Islam, p. 12.
11
See Toshihiko Izutsu, Ethico-Religious Concepts in the Qur'an, (Malaysia
Kuala Lumpur: Islamic Book Trust, 2004), p. 248.
51
shirk12 (the association of partners with Allah). Al-Munkar, also,

includes forbidden acts, like unjustified killing, taking peoples
property by unlawful means, taking of property by force or
intimidation, interest (rib), and gambling. In addition to, all types
of sales or contracts which the Prophet has prohibited, breaking of
family ties, cruelty to parents, cheating in weights and measures,
and any form of transgression on the rights of others. In this
category are all innovated acts of worship, which Allah and His
Prophet (p.b.u.h.) did not ordain or sanction.13
It is understood from the above meaning of al-amr bi al-
marf wa al-nahy an al-munkar (enjoining virtues and
forbidding evil) that it is a principle with which Allah sent the
revealed books, and with it He sent the messengers, and it is an
integral part of the transcendental way of life (Dn). The
message of Allah (s.w.t.) is composed of informative and
directive parts. As for the informative part, it is Allah (s.w.t.)
informing mankind about Himself, such as al-Tawd, or about
His creation, such as the stories of previous peoples and
prophets which contained lessons, threats, and promises. The
directive part consists of commands to do, commands not to do,
and things left to mans choice and decision.
Allah (s.w.t) says by way of describing Prophet
Muhammad (p.b.u.h.):

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12
A person will commit shirk when he/she starts to pray to someone or
something other than Allah (s.w.t.). This is assigning to Allah (s.w.t.) a
partner that could be: the sun, the moon, stars or planets, an angel, one of
the prophets, a righteous man or saint, one of the jinn, images or graves of
any of these or anything else which is called to other than Allah (s.w.t.),
the Exalted. In this sense, it is the moral attitude and character of a person
that make him/her to commit a crime against the Creator, Allah (s.w.t.). It
is the ethical aspect, which will make one to be liked or hated by others
and not his being as a man or a woman.
13
Ibn Taymiyyah, al-Amr bi al-Marf wa al-Nahy an al-Munkar, p. 7.
52
that which is clean and good, and forbids them that

which is unclean and detestable.14
This verse illustrates the perfection of the message of Prophet

Muhammad (p.b.u.h.) He was the chosen one in whom Allah
(s.w.t.) had enjoined all that is good, forbidden all that is bad,
allowed every clean thing and prohibited every unclean thing.
For this reason, it is narrated that the Prophet (p.b.u.h.) said:
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I was sent to perfect good character.15
It is very important to realize that the judgment of whether

something is marf or munkar should be in accordance with
Islamic principles. In other words, Muslims are not allowed to
judge deeds and actions based upon their cultures or traditions
only, regardless of the accordance between their culture and the
principles of Islam. It is because some of the cultures and
traditions in Muslim societies contradict with Islamic principles.
Importance of al-Amr bi al-Marf wa al-Nahy an al-Munkar

To call people to do good deeds and to forbid evil is an
obligation on all Muslims. That is because the nature of human
beings is that they need to be constantly warned against doing
evil and reminded about the bounteous rewards of Allah upon
doing what is virtuous and good. It should be understood that
this is not a responsibility of some individuals only, but also the
whole Muslim society as well. If Muslims ignore enjoining the
virtues, then the evil would prevail. If they ignore forbidding
the evil then virtues may end up being forbidden. Any deviant
and morally corrupt society is the result of ignoring these two
principles.
Allah (s.w.t.) commands the Muslim Ummah to be a
nation that always practises al-amr bi al-marf wa al-nahy an
14
(Maryland: Amana Corporation, 1989), Srah al-Arf: 157.
15
Imm Mlik, al-Muwaa', Book 47: Good Character, adith no.: 47.1.8
<http://www.islambasics.com/ view.php?bkID=59&chapter=47> (accessed
on September 8, 2009).
53
al-munkar, and considers this practice as the way to felicity in

al-Duny (worldly life, which is limited to a period of time) and
al-khirah (Hereafter the everlasting life). This is addressed
in the following verse when Allah (s.w.t.) says:
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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)
The content of this verse shows that the principle of al-amr bi

al-marf wa al-nahy an al-munkar is a divine order an
obligatory duty, particularly Allahs word And be. The
attainment of success and felicity in the world and the Hereafter
depends on whether this order has been carried out or not. A
nation will attain felicity and success when the implementation
of this principle has taken place. Moreover, as explained in this
verse, the nature of this duty is a collective one and not
individual, and if some members of the community have
attended to it, the obligation will be lifted from others.16
In another verse Allah (s.w.t.) has called the Muslim Ummah
as the best nation for two reasons: holding true beliefs, and
practicing al-amr bi al-marf wa al-nahy an al-munkar.
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You are the best of the nations raised up for (the benefit
of) men; you enjoin what is right and forbid what is
wrong and believe in Allah. (7:110)
Also, in the following verse, the Qurn characterizes real

believers, as those who fulfil, among other obligations, the
responsibility of enjoining virtues and preventing evil:
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54
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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
[zakh,], and obey Allah and His Messenger. On them
will Allah pour His mercy: for Allah is Exalted in power,
Wise. (9:71)
The content of these Qurnic verses shows how important the

understanding and application of al-amr bi al-marf wa al-
nahy an al-munkar are for the prosperity of the Muslim
Ummah and world society in general. In this sense, both terms
of al-amr bi al-marf wa al-nahy an al-munkar stand for very
general and comprehensive ideas of religiously good and
religiously bad. Thus, al-marf means any act that
compliments the nature of the true faith, and al-munkar means
any act that conflicts with Allahs commandments.17
Furthermore, this verse shows that the duty of enjoining
good and forbidding evil is not confined only to Muslim man; it
also applies equally to Muslim woman. The bestowal of this
responsibility by Islam to the Muslim woman awards her with a
high social standing. In response to this bestowal, which in fact is a
great honour, the Muslim woman must rise to the occasion and
perform this duty with courage and dignity within the limits of her
feminine capacity and nature. Upon seeing al-munkar, she should
confront it, and fight against it with reason, deliberation, good
approach, wisdom and intelligence.18 Thus, the practice of al-amr
bi al-marf wa al-nahy an al-munkar is a responsibility that
should be undertaken by every mature Muslim man and woman
regardless of their gender differences.
Most of the Muslim scholars maintain that al-amr bi al-
marf wa al-nahy an al-munkar is applied according to the
17
Izutsu, Ethico-Religious Concepts in the Quran, p. 251.
18
See Muhammad Ali al-Hashimi, The Ideal Muslimah, Chap. 10,
<http://www.islambasics.com/view.php?bkID=104&chapter=14> (accessed
on 16 September, 2009)
55
situations and circumstances of the act itself. If the nature of a

munkar act is very simple and can be changed by everyone,
then it becomes an obligatory duty for everyone to change it.
However, if the nature of a munkar act is very difficult to
change, it then becomes an obligatory duty for the group of
people within the society who possess knowledge, wisdom, and
authority. According to Zamakhshar, al-amr bi al-marf wa
al-nahy an al-munkar is considered far kifyyah because it is
inappropriate to assign this responsibility to someone who does
not have knowledge about al-marf and al-munkar. If he/she
does not know how to deal with this principle, or is ignorant
about it, then maybe will refrain people from doing good and
allow them to do evil. He/she will do everything according to
his/her understanding.19 Therefore, this principle has to be
handled by everyone that possess the required knowledge about
it and know how to deal with it righteously.
In contrast to those Muslims who enjoin good and forbid
evil, the Qurn describes those people as hypocrites who do
the opposite by enjoining evil and forbidding good.
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The hypocrites, men and women, (have an
understanding) with each other: they enjoin evil, and
forbid what is good and just, and are close with their
hands. They have forgotten Allah; so He had forgotten
them. Verily the hypocrites are rebellious and perverse.
(9:67)
Prophet Muhammad (p.b.u.h.) commanded every Muslim, man

and woman, to try to change al-munkar with all possible means.

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1997), pp. 424-425.
56
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Ab Sad al-Khudr narrated that he heard the Prophet
(p.b.u.h.) saying: He who amongst you sees something
evil should change it with his hand; and if he has not the
strength to do it, then he should do it with his tongue,
and if he has not the strength to do it, then he should
20
abhor it in his heart, and that is the weakest of faith.
The word hand in this adth refers to power and authority;

whenever and wherever a Muslim is in power, he/she must try
to prevent al-munkar among people who are under his
authority. The word tongue symbolizes words, and refers to the
act of admonishing people and reminding them of the negative
consequences of their immoral/evil conduct. The admonishment
may be done through verbal preaching, or through writing in
newspapers, magazines, journals, leaflets, books and others. If a
Muslim is not able to change a munkar act with his hand and
tongue, then he should abhor it in his heart (in this condition he
has to think about and search for the right ways to change al-
munkar). Therefore, a true Muslim is not one who lives in
isolation and cares only about himself, but is one who endures
the difficulties of living in an immoral society and tries his best
to do something to change what he can change. It is worthy here
to quote Ibn al-Qayyim, who said:
Indeed the Devil motivates most of the believers to
devote themselves to such prayers and to such recitation
of the Qurn that will lead them to total isolation from
the world for the sake of Allah. Consequently, by doing
so they unintentionally paralyze all those types of
worship; therefore, it is considered as deviating from the
true Islam. A believer should not follow such illusions
which will lead him away from Islam but he should
simply follow the obligations commanded by Allah
(s.w.t.). That is why the Muslim scholars said that these
types of believers are considered as the lowest class
20
Imm Muslim, Mukhtaar a Muslim, Kitb al-Imn, Fal 21, adth
No. 0079.
57
among people. Imm Ibn Taymiyyah said: ignoring al-

amr bi al-marf wa al-nahy an al-munkar is more
sinful then committing an evil.21
Objectives of al-Amr bi al-Marf wa al-Nahy an al-Munkar

Al-amr bi al-marf wa al-nahy an al-munkar is considered by
Sharah as a very important means that will assist Muslims to
establish a systematic and just order for their community. The
most important aspect of this principle is its application by
every Muslim through his/her actions. The current situation of
the Muslim Ummah will change when every Muslim is
responsible not for his/her own daily endeavours only, but also
for the endeavours of others. Therefore, the practice of this
Islamic injunction aims at the following:
1. To constantly remind the believers

It aims to help the believing people to follow the guidance of
Allah, perform ibdah, and keep on the right path. It is a part of
our nature that we are fallible, forgetful, and follow our lust and
desires, which usually lead to neglecting our duties or
committing evil. That is why we always need to be reminded
(and remind others) to keep on the right path. The Almighty
Allah (s.w.t.) has commanded His Messenger (which is a
command to us too) to keep preaching to remind his companions:
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And continue to remind, for surely the reminder
benefits the believers. (51:55)
One of the main characteristics of believers is to help one
another (by reminding and encouraging each other) to follow
the right path as expressed in the following Qurnic verse:
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21
Quoted in: Salman Bin Fahd al-Awda, Min Wasil af al-Ghurba, Dr Ibn
al-Jawzi, al-Dammam, 1992, p. 98.
58
deeds, and (join together) in the mutual teaching of

Truth, and of Patience and Constancy. (103:1-3)
Muslims are always urged to continue with al-amr bi al-marf

wa al-nahy an al-munkar even when they are faced with
rejection. They should not lose hope in their effort to enjoin
good and must persist in advising and reminding one another in
order to discharge themselves from this great responsibility.
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When some of them said: Why do ye preach to a people
whom Allah will destroy or visit with a terrible
punishment? Said the preachers: To discharge our duty to
your Lord, and perchance they may fear Him. (7:164)
In conclusion, the first objective of al-amr bi al-marf and al-

nahy an al-munkar is to serve as a constant reminder for the
community members to fulfil their responsibilities, do good,
and avoid evil.
2. To safeguard the society against corruption

A total neglect of al-amr bi al-marf wa al-nahy an al-
munkar will lead to the collapse of moral values promoted by
Dn al-Islm in particular, and other religions in general, which
will open rooms for widespread corruption and wickedness in a
society or dominance of immorality. Some people may be able
to safeguard themselves against evil and corruption, but when it
becomes widespread in the society, children and youth will fall
victim to it and we may not be able to even protect them. Thus,
when we combat munkar we are indirectly protecting ourselves
and our families against all types of corruption and evil. This is
explained in the following parable told by the Prophet (p.b.u.h.):

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Al-Numn bin Bashr reported that the Prophet (p.b.u.h.)
said: The example of the people abiding by Allahs
commands and restrictions, as opposed to those who
violate them, may be compared to the example of the
occupants of a boat who drew lots for their seats in a
boat. Some got seats in the upper deck, while others in
the lower deck. When the latter needed water, they had
to go up to the upper deck, hence troubling the occupants
of the upper deck. So they said: Let us make a hole in
our share of the ship to get water and save ourselves
from troubling them. If the people occupying the upper
deck left those occupying the lower deck do what they
had suggested, all of them would be destroyed, but if
they prevented them from doing [al-munkar], all of them
[the people in the upper deck and in the lower deck]
would be safe.22
This Prophetic parable draws a comparison between two groups

of people. The first group, who occupied the upper deck of the
boat, and who should prevent those on the lower deck from
making a hole in the bottom of the boat, are like those who
advise and encourage people to enjoin good and avoid
wrongdoing. On the other hand, the second group, those people
who occupied the lower deck of the boat, and who decided to
make a hole in the boat, are like those who commit indecencies
and evil. These two groups of people can be compared with
those who want to destroy Islamic ethics and those who strive
to prevent them from doing so.
When society becomes plagued with too much vice and
corruption, Allahs punishment befalls it, and when this occurs,
the punishment will be all inclusive and not afflict the
wrongdoers only.
22
Imm Bukhr, a Bukhr, Vol. 3, Kitb al-Sharikah, adith No. 673.
60
The following verse and adth explain this rule:

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Abdullh bin Masd reported that the Messenger of
Allah (p.b.u.h.) said: The first defect that permeated the
Children of Israel was that when a man (of them) met
another man he used to say: O so-and-so, fear Allah, and
abandon what you are doing, for it is not lawful for you.
He then met him the next day and that did not prevent
him from eating with him, drinking with him and sitting
with him. When they did so, Allah mingled their hearts
with each other. He then recited the verse: Those of the
Children of Israel who went astray were cursed by the
61
tongue of David, and of Jesus, son of Mary. That was

because they rebelled and used to transgress. They
restrained not one another from the wickedness they did.
Verily evil was that they used to do! You will see many of
them befriending those who disbelieve; certainly evil is
that which their souls have sent before for them, that
Allah became displeased with them and in chastisement
shall they abide. If they believed in Allah and the
Prophet and that which is revealed unto him, they would
not choose them for their friends. But many of them are
of evil conduct. (5:78-81). He then 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.23
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It is reported that Ab Bakr said: O you people you
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 (p.b.u.h.) saying that when people see
a wrongdoer and do not prevent him, Allah will soon
punish them all. (al-Tirmidh: Kitb al-Fitan)
The meaning of the above verses and narrations is that if some

members of the society publicly commit injustice, indecency,
and evil, and no one tries to stop them from doing so, then it
will pave the way for al-munkar to spread in the society. If the
situation is allowed to persist, evil will gradually become part of
the society, and thus, consequently evil becomes an ordinary act
23
Sunan of Ab Dwd, Book 32: Kitb al-Libs, adth no.: 4322
62
to which the nature of human beings adopt without any

hesitation. That will be the first sign of a deviated society,
which indeed deserves the punishment from Allah (s.w.t.).
The most significant part of all that mentioned in this
regard is that the existence of evil is natural; however, the more
society departs from the true teachings of Islam, the more evil
spreads. Then evil becomes rooted in different facets of the
society. However, the worst and terrible moment in such
situation is when the society accepts this evil as something
normal to the extent that even those who wish to act against it
will hesitate to do so, and will be blamed upon doing so.24
3. To salvage mankind
The Muslim Ummah is considered by Allah (s.w.t.) to be the
best Ummah raised up for the benefit of mankind. This is
because one of its duties is to invite people to al-Tawd and
worshipping Allah (s.w.t.), as well as to promote right conduct
and prevent evil. The aim of this act is to guide mankind to the
right path and save them from falling into the tricks of Satan.
Allah (s.w.t.) says:
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of mankind; you enjoin what is right and forbid the
wrong and believe in Allah. (3:110)
Arguments against al-Amr bi al-Marf wa al-Nahy an al-Munkar

There are many objections against the practice of al-amr bi al-
marf wa al-nahy an al-munkar. Some of them are against the
notion itself, and others are against the way it is practised by
some people. The following discussion will be confined to two
main objections against the notion itself.
a) The first objection is that the practice of al-amr bi al-
marf wa al-nahy an al-munkar is a type of interference
in the personal affairs of others and against their personal
freedom.
24
Quoted in Salman Bin Fahd al-Awda, Min Wasil af al-Ghurba, pp.78-85.
63
In rebutting this objection, we have to state first that there is no

one in this world who recognizes an absolute personal freedom.
The idea of law itself is founded on the principle of restricting
personal freedom. Law is merely a set of restrictions and
limitations, and punishments. The only difference between
different laws and legal philosophies is the scope and limits of
personal freedom.
In Islamic law, personal affairs are respected as long as
they remain personal affairs. If a munkar act does not involve
the rights of individuals or society, and is committed alone
where no one can see it, certainly no one will interfere with it.
Such will be a case between the offender and his God.
Nevertheless, when one commits al-munkar openly in front of
others or violates the rights of others even covertly, it would not
be considered as a personal affair anymore. It would concern
the society, as it affects its members, challenges their moral
responsibility, and injures the feelings of others. This would be
beyond the limit of ones freedom. In addition to that,
committing al-munkar openly would lead to encouraging the
public to commit it, and this is, in itself, a serious offence in
Islam. That is why Allah (s.w.t.) condemns those who
encourage the spread of evil and warns them of a severe
punishment.
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Those who love (to see) scandal propagated among the
Believers, will have a grievous Penalty in this life and in
the Hereafter: Allah knows, and ye know not. (24:19)
After all, as Muslims our personal freedom is defined by

Islamic ethics, rules and regulations, and its boundaries are
prescribed by Allah (s.w.t.), just as the freedom of the subjects
of any state is limited to the laws of such state. The Prophet
(p.b.u.h.) said:
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64
None of you can be a believer until his desires are made

subservient to the guidance I have brought forth.25
b) The second objection is that the practice of al-amr bi al-

marf wa al-nahy an al-munkar may amount to playing
the role of public authorities and taking the law into ones
own hands.
It is a well-established rule in Islamic law that no one would be

allowed to take the law into his own hands; otherwise, there will
be chaos and disorder in the society. But there is a difference
between this rule and the notion of al-nahy an al-munkar, and
there should be distinctions made among three levels of al-nahy
an al-munkar:
1. Preventing an offence or evil from taking place;
2. Stopping it; and
3. Punishing the offender.
The concept of al-nahy an al-munkar (preventing evil) can be

practiced in the two first categories, while the third category is
left to the law enforcement agencies and the judiciary.
Preventing or stopping a crime does not mean taking law into
ones own hands. Advising people to give up bad habits and
morals does not need to be referred to justice. Moreover, it is
out of its ambit. If one who is practising al-nahy an al-munkar
goes beyond his/her limits to punish offenders, he/she would be
held responsible for his/her acts. This should not be used as a
pretext to ban the practice of al-amr bi al-marf wa al-nahy
an al-munkar and pave the way for corruption and indecency.
The only problem that might by faced is when al-amr bi
al-marf wa al-nahy an al-munkar is being practised on things
which are considered by Islam as immoral and prohibited, but
yet are legal under the laws of the country. In this situation, the
blame should not fall on people who are practising al-amr bi
al-marf wa al-nahy an al-munkar as they are fulfilling their
religious and moral duties. The blame should fall on the laws of
25
Ibn Hajar, Fat al-Br, Vol. 13, p. 289.
65
the country as they run against the beliefs and the value system
of the people. It is the laws that should be amended to accord
with the value system of the country rather than to stop people
from practising al-amr bi al-marf wa al-nahy an al-munkar.
66
CHAPTER SEVEN
FAMILY ETHICS IN ISLAM
Family is seen as the single most important foundation for the

multiplicity and expansion of the Muslim Ummah in which
material and spiritual happiness flows. Therefore, the family
that is built on Islamic ethical principles serves as a sacred
institution that raises virtuous individuals.1 Indeed, Islam, being
a complete and comprehensive way of life, aims at producing a
unique personality in the individual and a distinct culture for the
community based on Islamic ideals and values.2 Allah (s.w.t.),
the Almighty, says:
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O Mankind, be conscious of your duty to your Lord,
Who created you from a single soul, created of like
nature, his mate, and from the two created and spread
many men and women; and be mindful of your duty to
Allah in whose name you appeal to one another and to
(the ties of) the womb. Verily Allah watches over you.3
1
See M. Fethullah Glen, Pearls of Wisdom, translated from Turkish by Ali
nal, (U.S.A.: Published by the Fountain, Fairfax, 2000), p. 32
2
Khurshid Ahmad, Family Life in Islam, (Delhi: Markazi Maktaba Islami,
3rd. ed., 1995), Preface.
3
In light of this verse the family is a divinely-inspired and

ordained institution. It was not evolved through human
experimentation involving a process of trial and error spread
over time. It was an institution that came into existence with the
creation of man. The human race is a product of this institution
and not the other way round.4
The objectives and functions of the family in Islam
include the preservation and continuation of the human race,
protection of morals, psycho-emotional stability, socialization
and value-orientation, social and economic security, widening
the family horizons and producing social cohesion in society,
and motivation for effort and sacrifice.5
Social Interaction between Sexes in Islam

Social interactions between the sexes in Islam are permitted
within certain limits specified by the Qurn and the Sunnah.
The interaction between two opposite sexes, who do not have
any legal relationship, is shaped by Islamic principles of good
social morality. The ideal principle is that the manner in which
one interacts with others is a manifestation of ones faith in God
or God-consciousness.
The social interaction between two different sexes is
considered lawful as long as it does not violate the Islamic
commandments.6 To have a social interaction based on Islamic
social behavior, Muslims must follow the guidelines outlined in
the Qurn and Sunnah. These guidelines are not simply
followed as an act of worship, but as an acceptance of the
wisdom of God in guiding them to achieve their greatest
potential in this life and felicity in the Hereafter.
However, in some communities, social interaction
between two different sexes or genders, who are not related to
one another is completely forbidden, hence, resulting in
segregated schools, businesses, government offices, and the
virtual exclusion of women from positions of power or control.
4
Khurshid Ahmad, Family Life in Islam, p. 15.
5
Ibid., pp. 21-32.
6
See Isml R. al-Faruqi, Islam, (Maryland, USA, Belstville: Amana
Publications, 3rd ed., 1995), p. 46.
68
Family Ethics in Islam
The domination and oppression of women has resulted from

restrictions on social interactions enabling the leadership in
governments to deny basic human rights and use Islam to
support their position. In general, many Muslims have adopted
the justification for such separation, inspired by the fear that
allowing social contact will encourage and undoubtedly lead to
illicit sexual behavior.7
According to Islamic teachings, there is no problem with
talking to a member of the opposite sex or working with that
person when there is a need. As long as both genders show
respect and modesty towards one another as well as adhere to
Islamic norms of ethics while interacting with each other. There
is no need to be uncomfortable when the opposite sex is around.
However, there are many aspects of social interaction between
the sexes, which can lead to the distortion of Islamic ethical
principles, but the most important are as follows:
1. Khalwah
Khalwah means a man and a woman who are outside the degree
of maram8 being alone together in a place in which there is no
fear of intrusion by anyone else. This kind of relationship
between a man and woman who are not related to one another
and are staying together in an isolated place is prohibited by
Islam based on many texts of the Qurn and the Sunnah. The
following are some of them:
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Social Interaction in Islam, Muslim Womens League, September 1995,
<http://www.mwlusa.org/topics/gender_relations/socialinteraction.html>
(accessed on 16 September, 2009)
8
Maram denotes a relationship between a man and a woman either by marriage
or by close blood ties of such degree that marriage is permanently prohibited.
With reference to a woman, a maram is either her husband or any male
relative with whom marriage is permanently prohibited, such as her father,
grandfather, son, brother, uncle or nephew. Yusuf al-Qarw, The Lawful
and the Prohibited in Islam, translated by: Kamal el-Helbawy et. al., Kuala
Lumpur: Islamic Trust Book, reprinted 2001, p. 150. footnote 2.
69
It is reported on behalf of Jbir bin Abdullh that the

Prophet (p.b.u.h.) has said: Whoever believes in Allah
and the Last Day must never be in privacy with a woman
without there being a maram (of hers) with her, for
otherwise Satan will be the third person with them.
(adth, Amad)
Al-Qarw in interpreting the above adth states that, Islam

prohibits khalwah between a man and a woman who are outside
the degree of a maram relationship. The reason for this is not a
lack of trust in one or both of them; rather to protect them from
wrong thoughts and sexual feelings which naturally arise within
a man and a woman when they are alone together without the
fear of intrusion by a third person.9 In another adth, the
Prophet (p.b.u.h.) said:
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Uqbah bin mir narrated that the Messenger of Allah
(p.b.u.h.) said: Beware of entering upon the ladies. A
man from the Anr said: Allahs Apostle! What about
al-amu (the in-laws of the wife, the brothers of her
husband or his nephews etc.)? The Prophet (p.b.u.h.)
replied: The in-laws of the wife are death itself.10
Al-Qarw remarks, He meant that there are inherent dangers

and even destruction in such privacy: religion is destroyed if
they commit sin; the wife is ruined if her husband divorces her
out of jealousy; and social relationships are torn apart if
relatives become suspicious of each other.11
The last part of the adth warns against khalwah with
male in-laws, such as the husbands brother or cousin since
people are quite negligent in this regard. The danger of khalwah
lies not merely in the possibility of sexual temptation, but also
9
Ibid., p. 150.
10
a al-Bukhr, Kitb al-Nik, Vol. 7, Book 62, adth No.: 159.
11
Yusuf al-Qarw, The Lawful and the Prohibited in Islam, p. 150.
70
in the possibility of gossip and false accusation which may lead

to tarnishing the reputation of people, jealousy, ruining the
marriage and destroying the family. Islam favours precautionary
measures by blocking the means of evil and wrongdoings. If
there are strong possibilities of negative outcomes of an action,
then the action itself is prohibited.
The possibility of practicing khalwah among God-fearing
people will be none. Therefore, for those who follow Islam,
they must bear in mind that Islam removes every possible
cause which may breed corruption. It strikes hard at the root of
evil and suggests measures, which may bring about peaceful,
happy and harmonious relations among the Muslims. It
discourages free and unbridled contact between men and
women in order to curb undesirable impulses. It puts restraint
on such impelling forces which might play a disastrous role in
degenerating the mind of young men and women. On this, we
may safely conclude that most of the moral depravity and
vitiated state of the modern society is the result of disregarding
the safeguards.12
It is clear that Islam, as any other revealed religion,
prohibits khalwah, which, if permitted, will lead both sexes to
commit fornication and adultery. Unethical and immoral acts,
such as fornication and adultery, if practised will lead to
confusion of lineage, child abuse, the breaking-up of families,
bitterness in relationships, the spread of venereal diseases, and a
general laxity in morals; moreover, it opens the door to a flood
of lusts and self-gratifications.13 In order to prevent all these
unethical actions from taking place in a Muslim community, in
particular, and in human communities in general, Islam
prohibits the very root that causes them and that is khalwah.
2. The prohibition of looking at the awrah of others

The exposure of and looking at what is considered as an awrah
for both genders, are strictly prohibited in Islam. This
prohibition protects ones honour and dignity, and prevents the
12
Muhammad Samiullah, Muslims in Alien Society, (Lahore: Islamic
Publications Ltd., 1982), p. 80.
13
Ibid., p. 149.
71
spread of social ills among Muslims and others. Therefore,

looking at the awrah of another person whether of the same or
the opposite sex, and whether with or without desire is unlawful
and must be avoided.14

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Ab Sad al-Khudriyy reported that his father narrated
that the Messenger of Allah (p.b.u.h.) said: A man
should not see the private (awrah) parts of another man,
and a woman should not see the private parts of another
woman, and a man should not lie with another man under
one covering, and a woman should not lie with another
woman under one covering.15
This adth makes it very clear that according to Islam, a man

must not see the private parts of another man, as well as a
woman must not see the private parts of another woman, on the
one hand, and a man must not lie under the same cloth with
another man, as well as a woman must not lie under the same
cloth or covering with another woman, on the other. Islam
prohibits this in order to protect the honour and dignity of both
genders granted by Allah (s.w.t.), as well as to prevent the
spreading of social ills, like homosexuality and lesbianism,
which occur as a result of love with feelings for the same sex.
For instance, the practice of the same-sex marriage has its roots
in the freedom given by the secularist system to man to look at
or lie under the same covering with another man, as well as to
woman to look at or lie under the same covering with another
woman, i.e., man taking shower together in army service, where
they are looking at the private parts of one another, or both man
and woman walking together even in public naked.
14
15
a Muslim, Kitb al-ay, Chapter 16, Book 3, adth no.: 0667.
72
The limits of awrah

The limits of awrah can be classified into three categories:
i. The awrah of a man referred to in this adth is from his
naval to his knee. Although the mans awrah is from the
navel to the knee, the Sunnah of the Prophet (p.b.u.h.) is
that he (man) has to wear clothes that cover the body from
the shoulders to just above the ankles. The awrah is the
minimum area to be covered in cases where a person may
be too poor to afford more extensive garments;
ii. The awrah of a woman with respect to a man who is not
her maram is her entire body, excluding only her face
and hands; and
iii. The awrah of a woman with respect to a man who is her
maram (except the husband) does not include the
following parts: hair, ears, neck, upper part of the chest,
arms and lower part of the legs.16 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.
The covering of awrah or ones nakedness is considered as

another requirement of inter-gender interaction to show the
observance of Islamic modesty. Allah (s.w.t.) says in the
following Qurnic verse:

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and let them wear their head-coverings over their
bosoms, and not display their ornaments except to their
husbands or their fathers, or the fathers of their husbands,
or their sons, or the sons of their husbands, or their
brothers, or their brothers' sons, or their sisters' sons, or
their women, or those whom their right hands possess
16
73
(slaves), or the male servants not having need of women,

or the children who have not attained knowledge of what
is hidden of women (24:31)
The above Qurnic verse reveals the fact that it is obligatory

for the Muslim woman to cover her head, breasts, and neck
completely in order not to let any part of them to be exposed to
those who are outside the maram relationship.17
3. Boyfriends, girlfriends and dating

Islam commands, advises and encourages Muslims to have a
good relationship with all people, males as well as females, at
school, at work, in the neighborhood, and other places, and they
should be kind and courteous to everyone. However, it is not
allowed in Islam to take a non-maram person or persons of the
opposite gender as a very close friend. Such friendship is arm
(prohibited). In the Qurn, Allah (s.w.t.) says that good men
and women are those who marry, avoid intimate or adulterous
relationships, and do not have mistress or lovers.18
The terminology pertaining to boyfriends, girlfriends and
dating, which have become a fashion even among Muslims, are
borrowed from non-Muslims, and therefore, their practice by
Muslim fellows is totally prohibited in Islam. In Islam, there is
no such thing as a girlfriend-boyfriend relationship. You are
either married, or you are not.19
The Prophet (p.b.u.h.) is reported to have stated that
whenever two strangers of the opposite gender are alone with
each other, Satan becomes the third one between them.20 The
wisdom behind this adth is that it is not allowed for a Muslim
male or female to have a girlfriend or a boyfriend, regardless of
how pure his/her intentions may be, for fear it might lead him /
17
18
This is said by Dr. Muzammil Siddiqi, former president of the Islamic
Society of North America (ISNA). See <http://www.islamonline.
net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/
FatwaE&cid=1119503545452> (accessed on September 25, 2009).
19
This is said by Amatullah Islam, see <http://www.islamfortoday.
com/girlfriend.htm> (accessed on September 17, 2009).
20
Al-Tirmidh.
74
her to sin. However, a Muslim male or female should be

friendly with others, such as classmates - both boys and girls -,
but it is forbidden to take a girl or a boy as an intimate friend.21
The practices of having a boyfriend or girlfriend, and dating are
against Islamic ethics, and are therefore, prohibited because:
- Looking with desire at the opposite sex is immoral, as
stated by the following verses:
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Say to the believing men that they should lower their
gaze and guard their modesty: that will make for greater
purity for them: And Allah is well acquainted with all
that they do. (24: 30)
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And say to the believing women that they should lower
their gaze and guard their modesty [private parts] (24: 31)
- They may lead a man and woman to commit khalwah,

which is prohibited by Islam as discussed earlier.
- They are automatically followed by romance, and may
lead even sex, which Islam strictly prohibits.
- They may lead people to pretend and not act as they
normally do, so as to impress and please their partner,
especially if they have fallen in love.
- They will destroy family institution as people may no
longer see the relevance of marriage.
- Such relationships do not require commitment since they
are informal and non-biding. One party may decide to
leave if he/she finds someone better, and this may have
psychological and emotional impact on the other party.
21
This is based on the legal judgment given by Dr. Muzammil Siddiqi, former
president of the Islamic Society of North America (ISNA). See
<http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-
Ask_Scholar/FatwaE/FatwaE&cid=1119503545452> (accessed on September
25, 2009).
75
It is obvious that an intimate friendship with the opposite sex is

not characteristic of Islam, - when intimate relationship is
involved, or when both parties are outside maram circle, or
when both a Muslim male and female are alone in an
isolated/private place. This kind of relationship was the
characteristic of the Jhiliyyah (pre-Islamic) lifestyle. A faithful
Muslim, male or female, should live according to the guidance
of Qurn and Sunnah, and should follow ethical principles and
rules set by Islam in order to govern their individual and
communal relationship.
Relationship characterized by the practices of having
boyfriends, and girlfriends, and dating are motivated by lusts and
desires. The Qurn prohibits anything that motivates ones heart
in a seductive way towards the opposite sex. There are many
verses in the Qurn, which show how a woman should interact
with a man. She has to speak in a way that does not show that she
has any interest in him, lest he should feel seduced to start an
unhealthy relationship with her.22 This kind of relationship is
arm, and could destroy the family institution as well as the
meaning of family bonds as promoted by Islam. In addition, all
these unethical relationships could lead a Muslim to destruction
and loss in his present life and the Hereafter.
The Ethics of Islamic Dress Code

Islam has laid certain norms and regulations to be followed by
all Muslims concerning the dress code for both sexes. A
Muslims dress is considered un-Islamic the moment that it
does not meet the criteria of the Islamic dress code. The way
how a person dresses reflects his/her identity, personal traits,
and lifestyle, which is a direct manifestation of his/her values.
Hence, it is important that Muslims promote their own way of
dressing and follow Islamic teachings and code of dress and
avoid imitating others especially if they are living in a non-
22
The issue of boyfriends and girlfriends has been explained by the eminent
Muslim scholar, Sheikh Muhammad al-Hanooti, who is a member of the
North American Fiqh Council. See<http://www.islamonline.net/servlet/
Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&
cid=1119503545452> (accessed on September 25, 2009)
76
Muslim society, or in a multi-racial and a multi-religious

community.
History tells that every civilization past and present has
its own unique type of clothing which is a tangible expression
of the moral values and aesthetic tastes of that particular
people.23 Moreover, in terms of importance, the clothes used
by a Muslim, in particular, and others in general, have three
characteristics/motives as follows in order of merit: (i) ay
(modesty); (ii) comfort; and (iii) znah (beauty). As a universal
religion, Islam is not associated with any country, language,
race or group, and as such, its primary emphasis on dressing is
not influenced by any of these factors. But, rather, the primary
purpose of dressing in Islam is to guard the modesty and
chastity of the Muslims giving reasonable allowances within
this for comfort and beauty. For the latter two purposes of
dressing, a Muslim man or woman may wear whatever clothes
that are in keeping with the demands of local weather and
conditions, provided that the primary purpose of dressing - that
of modesty is not neglected. Indeed, the purpose of modesty
should prevail over the other two considerations of comfort and
beauty, 24 with respect to dressing.
Ethical code of dress for Muslim women

A Muslim woman has to make sure that her clothes cover her
awrah (privacy), and to avoid tight and transparent clothing that
reveals what is underneath. Islamic principles decree that, it is
arm for a woman to wear clothes that fail to cover her awrah,
and that are transparent, revealing what is underneath. It is
likewise arm to wear tight-fitting clothes that delineate parts of
the body, especially those that are sexually attractive.25 In addition,
women imitating men, dressing for ostentation and pride, and
going to extremes in beautifying themselves are other
characteristics to be avoided in Islam.26
23
Samiullah, Muslims in Alien Society, p. 23.
24
Ibid., pp. 23-24.
25
al-Qarw, The Lawful and the Prohibited in Islam, p. 85.
26
Ibid., pp. 86-88.
77
A Muslim woman is chaste, dignified, self-respecting, and

modest. She should not be showy and anxious to display her
attractiveness. Nor she should walk and talk in a seductive
manner, and wear revealing and sexy clothes. A Muslim woman
should wear a proper dress that protects her chastity. For this
reason, she must abide by the following guidelines for dressing:
- The dress must cover the entire body except the face
and hands. The headscarf must cover the chest of the
woman. The Qurn instructs Muslim women to:
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and not display their beauty and ornaments except
what (must ordinarily) appear thereof; that they should
draw their veils over their bosoms and not display their
beauty (24: 31)
- The dress must not be transparent, revealing what is
underneath it. If the dress worn by a Muslim woman is
transparent and reveals what is underneath it, it will give
way to fitnah, which will then lead to greater evils.
Therefore, the Prophet (p.b.u.h.) warned Muslims about
this in the following adth:
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Ab Hurayrah narrated that the Prophet (p.b.u.h.) said: 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
78
odour whereas its odour would be smelt from such and

such distance.27
- The dress must be loose and not tight-fitting so as to
define the parts of her body. This type of clothing falls
under the category of dressed but yet naked, as
described in the previous adth. Jeans and tight trousers
worn with sweaters, sweatshirts or T-shirts do not meet
this condition of looseness and thus, should not be worn
by Muslim women outside of their homes. However,
loose trousers can be worn with long, loose blouses. Allah
(s.w.t.) has commanded Muslim women to cover
themselves with a loose over-garment whenever they go
out:
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O Prophet! say to your wives and your daughters and
the women of the believers that they should let down
upon them their over-garments; this will be more proper,
that they may be known, and thus they will not be given
trouble; and Allah is Forgiving, Merciful. (33:59)
- Clothes meant specifically for men must not be worn
by Muslim women. The Prophet (p.b.u.h.) cursed women
who try to resemble men and men who try to resemble
women, and prohibited women from wearing mens
clothes and vice versa.
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Ibn Abbs (r.a) reported: The Prophet (p.b.u.h.) cursed
those men who assume the manners of women and those
women who assume the manners of men.28
27
Imm Muslim, a Muslim, Kitb al-Libs wa al-Znah, adth No.:
5310.
28
Imm Bukhr, a Bukhr, Kitb al-Libs, adth No.: 773.
79
- In their choice of clothes, Muslim women should not

imitate non-Muslims. This applies to those clothes,
which are 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 do not carry any religious or cultural significance or
affiliation.
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Ibn Umar reported that the Prophet (p.b.u.h.) said:
Whoever imitates a people, he is indeed one of them.
- A Muslim woman must not draw mens attention to
her concealed adornment by using perfume or by
jingling or toying with her ornaments or other things of
like nature. Allah (s.w.t.) says:
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and let them not strike their feet so that what they
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Ghunaym bin Qays reported that al-Ashariyy has
narrated that the Prophet (p.b.u.h.) said: Any woman
who wears perfume and passes by people who smell her
fragrance is sinful (like one who committed adultery).
(adth, Sunan al-Nis)
Establishment of Family Institution

Family is the most important and fundamental institution in any
human society as it enables humankind to reproduce and
multiply in number. The family institution is established when a
man and woman come together in a legal contract called
marriage, which will bring into existence a new generation. In
this sense, family institution can be justifiable considered as the
very foundation of the human existence, one that would spawn
progress, development, and prosperity within a nation, and key
80
factor that affects the strength of a civilization.29 In Islam, a

family is established with the lawful union of a man and a
woman, whose relationship in marriage is governed by the laws
of Allah (s.w.t.). Islam does not recognize the kind of family,
which results from an unlawful that results from an unlawful
union, in which illegitimate children are born. It believes that
man-woman affairs cannot be left to the human judgment or be
determined by the whims and fancies of man.30 Thus, Islam has
prescribed a whole system of ethics, laws and responsibilities to
guide the establishment and governance of the family institution
for the Muslim community31, in particular and humanity at
large.
To establish and sustain a morally and spiritually healthy
family, Islam prescribes the following guidelines:
Careful selection of spouse
According to the Islamic stand, a healthy family life begins with
the selection of the right life partner. In order to select the right
partner, a Muslim is urged to base his or her decisions on the
following considerations:
i- Religion and good character: these are the first two
criteria that should be considered by Muslims when
selecting their future spouse(s). Choosing a life partner
based on religion is supported by the following adith:

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Ab Hurayrah (may Allah be pleased with him) narrated
that the Prophet (p.b.u.h.) said: A woman is married for
four things, i.e., her wealth, her family status or lineage,
her beauty and her religion. So you should marry a
woman for her religion or you will be a loser.32
29
Syed Abu al-Ala Maududi, Islamic Way of Life, published by the Centre for
Call and Guidance, p. 89.
30
Isml R. al-Faruqi, Islam, p. 46.
31
See ammdah Abd al-, The Family Structure in Islam, (Kuala
Lumpur: The Other Press, 1st ed. 1977, and this edition 2008), p. 19.
32
Imm Bukhr, a Bukhr, Kitb al-Nik, Vol. 62, adth No.: 27.
81
In another adth addressed to the guardians of Muslim

women, the Prophet (p.b.u.h.) stated the same criterion for
choosing the future husband for their daughters:

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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 earth. (adth, al-Tirmidh)
ii- Compatibility: compatibility in terms of religion,

lifestyle, character, way of thinking, social and economic
status, and education should be the second criterion for
selecting a spouse. Compatibility of both spouses should
be understood when there is a social as well as religious
equality.33 The former denotes (i) that not all marriageable
mates are socially equal to one another; (ii) that if one man
is socially eligible to marry a given woman, he must satisfy
certain requirements that would place him on a social par
with her. Moreover, the scale of social equality includes
honour, lineage, fame, education, type of profession, and
religion. The latter type denotes (i) that all Muslims are
brothers of one another and equal in the sight of Allah;
(ii) that the only criterion, which makes them differ with
one another is piety or God-consciousness; and (iii) that it
is religious equality, not social equality,34 which is required
in the selection of a future spouse.
iii. Realism and moderation: According to Islamic

teachings, a Muslim male and female do not have to be
idealistic in looking for an ideal or perfect partner, or one
who will be their alter ego. Allah alone is perfect, whereas
33
See ammdah Abd al-, The Family Structure in Islam, pp. 86-87,
passim 300.
34
See Ibid.
82
everything else is nowhere near perfection. Thus, a

Muslim male or female should not hesitate to accept
his/her life partner if he or she is pious. A Muslim should
strike a balance between realism and moderation when
choosing a life partner.
It is clear that Islam, since long ago, has tackled the issue of
marriage expectations. Most people due to their different
backgrounds, life style, and subculture do have certain
expectations in selecting their future partners. To select a good
life partner, Islam advocates a moderate approach by
emphasizing that one should accept others as they are and
tolerate their shortcomings. In addition to appreciating their
good qualities, through kindness and mercy, and dealing with
them mutual respect and better understanding.
Foundations of Marriage Contract (Aqd al-Ziwj)

Allah (s.w.t.) created Adam (p.b.u.h.), who is the source of
humanity, as an ethical and sound being. Soon after He (s.w.t.)
created Adam (p.b.u.h.), Allah (s.w.t.) created aw (peace be
upon her), as a companion for Adam who would bear for him
children. Therefore, the purpose of creation of men and women
is that they will provide company to each other, love and
respect each other, collaborate with each other, produce
children and live in peace and tranquillity according to the
commandments of Allah (s.w.t.) and His Prophet (p.b.u.h.).35
Prophet Muhammad (p.b.u.h.) urged Muslims to get married as
soon as they can. To establish a family is a crucial aspect of
ones life, but a family cannot be established unless there is a
marriage contract. Thus, in Islam a man and a woman must be
brought together to live a happy life through the valid marriage
contract. Extra-marital relations outside the contract are
categorically prohibited by Islam.36 The ethical principles of the
married couple are believed to derive from a conscientious
commitment by both sides to the divine designation of marital
35
See Abdur Raman I. Doi, Sharah: The Islamic Law, (Kuala Lumpur,
Malaysia: A.S. Noordeen, 1984), p. 114.
36
See Ibid., p. 115.
83
union, which is based on legal marriage contract, as an adobe of

peace and tranquillity, a link of mutual love and compassion.
Therefore, to sustain marriage as an ethical institution, Islam
offers the following guidelines or principles37:
i- The marriage must be as permanent as humanly
possible: Islam advocates long- lasting marital
relationships. This can be inferred from the following
verse and adth:
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And live with them (your wives) honorably. If you
dislike them, it may be that you dislike a thing and Allah
brings through it a great deal of good. (4:19)
This verse can be understood in light of the following

adths:
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Ab Hurayrah narrated that the Prophet (.p.b.u.h.) said:
A believer must not harbor any rancor against a
believing woman (i.e. wife); if he dislikes one of her
characters, he will be pleased with another.
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.(6&O) "S D *S D i *] & *
It is reported that the Prophet (.p.b.u.h.) said: Do not
divorce women unless for genuine reasons, for Allah
does not like those who are tasters, who enjoy one
partner for a while and then shifts to another, and so
on.
37
The ethical principles of the married couple are believed to derive from a
conscientious commitment by both sides to the divine designation of
marital union, which is based on legal marriage contract, as an adobe of
peace and tranquility, a link of mutual love and compassion. See
ammdah Abd al-, The Family Structure in Islam, p. 147.
84
ii- The marriage must be based on mutual consent: any

decision of marriage should be based on mutual consent
of both sides: the husband and wife. The Prophet
(p.b.u.h.) said:
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Ibn Abbs reported that the Prophet (p.b.u.h.) said: A
woman who has been previously married (a divorcee or
widow) has more right concerning her person than her
guardian, and a virgin woman must be consulted about
herself, her consent being her silence.38

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Ibn Buraidah reported that his father related that a girl
came to the Prophet (p.b.u.h.) and said (in a way of
complaining) to him: My father married me (without
my consent), to his nephew only for the sake of
improving his social status. The Prophet (p.b.u.h.) gave
her the choice between accepting and rejecting her
fathers decision. Then she said: I accept what my
father had done, but I want women to know that fathers
have no right to force their daughters to marry without
their consent. (adth, Sunan Ibn Mjah)
iii- The dowry should be reasonable: a woman who is

getting married is entitled to dowry. In Islam, no Muslim
marriage can take place without dowry. However, this
dowry should be within a reasonable range, which both
spouses agree upon, and which no one is offended or
negatively affected by. The Islamic Law (Sharah) or
38
Imm Muslim, a Muslim, Kitb al-Nik, adth No.: 3307.
85
rules governing dowry, have not fixed a definite amount

or object that must be offered as dowry,39 only the general
rule that the dowry must be reasonable and affordable.

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isha (r.a.) reported that the Prophet (p.b.u.h.) said:
The most blessed wives are those whose dowry is
affordable. (adth, Musnad Amad)
iv- Both husband and wife have equal rights and

obligations: Allah (s.w.t.) says:
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and they have rights similar to those against them
(rights of husband) in a just manner, and the men are a
degree above them (external authority in the household),
and Allah is Mighty, Wise. (2:227)
Happy Marital Life

The establishment of the family institution through the legal
process of marriage will enable the couple to have, throughout
their relationship a happy marital life. To live a happy marital
life is a very important aspect of being married. To achieve this,
the foundations of the family should be very strong and based
on the divine laws of Allah (s.w.t.). A Muslim couple must
establish their family on the divine laws prescribed in the
Qurn and the Sunnah, failing which the family will not be
blessed. However, to maintain a happy and blessed marital life,
both husband and wife are designated to certain rights and
duties, which should be fulfilled by both of them according to
the level of their ability.
Rights and duties of husbands and wives
The ethical principles behind the marital roles that a wife has to
perform allocate to her certain rights, and these rights have been
entrusted upon the husband as duties. The Qurn and the
39
See Abdur Raman I. Doi, Sharah: The Islamic Law, pp. 158-163.
86
Sunnah have commanded that husbands be kind to their wives.

Thus, it is the husbands duty to consort with his wife in
dignified and kind manner.40 However, both husband and wife
will be responsible for one anothers rights and duties according
to their capacities. This issue will be understood through the
analysis of the following marital relationships and
responsibilities of both spouses.
1. Duties of the husband
- A husband is responsible for the protection, maintenance
and happiness of his wife. He is responsible for the cost of
her food, clothes and accommodation according to what
he can afford. Allah (s.w.t.) says:
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Let your divorced wives live where you are living
during their waiting period (iddah) and spend on them
according to your wealth. And do not harass them in
order to make their life difficult. And if they are
pregnant, spend on them until they deliver their babies. If
they suckle your babies, give them their due payment
and consult each other with kindness. And if you
disagree about suckling the babies and its recompense,
then let some other woman suckle them. (65:6)
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Let him who is wealthy spend according to his wealth.
And he whose resources are restricted, let him spend
according to what Allah has given him. Allah puts no
burden on any person beyond what He has given him.
After a difficulty, Allah will soon grant relief. (65:7)
40
See ammdah Abd al-, The Family Structure in Islam, p. 148.
87
- He must avoid anal sex and unlawful sexual intercourse

with her during her monthly period. Allah (s.w.t.) says:

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They ask you (the Prophet) concerning menstruation.
Say: It is a hurt, so keep away from your women during
their monthly period and do not have sexual intercourse
with them till they are cleansed. And when they have
purified themselves, then cohabit with them as Allah has
ordained for you (to avoid anal sex). Allah loves those
who turn to Him, and loves those who purify
themselves. (2:222-223)
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Your wives are lawful for you, so cohabit with them
whenever you like and in any position you want (except
during her monthly period and with avoidance of anal
sex). Do good deeds for yourselves before you die, and
fear Allah. And know that you will be questioned before
Him in the Hereafter, and give good news to the
believers that they will be rewarded. (2:223)
- A husband must keep his wife in marriage honourably
and in case of divorce, must free her from the bond of
marriage equally honourably. Allah (s.w.t.) says:
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Divorce is only permissible twice: after that, the parties
should either hold together on equitable terms, or
separate with kindness. It is not lawful for you, (Men), to
take back any of your gifts (from your wives), except
when both parties fear that they would be unable to keep
88
the limits ordained by Allah. If you (judges) do indeed

fear that they would be unable to keep the limits
ordained by Allah, there is no blame on either of them if
she gives something to her husband to get divorced.
These are the limits ordained by Allah; so do not
transgress them. If any does transgress the limits
ordained by Allah, such are wrongdoers. (2:229)
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When you divorce women, and they fulfil the term of
their waiting period (iddah), either take them back on
equitable terms or set them free on equitable terms; but
do not retain them only to hurt them. If any one does that
(retaining his wife only to hurt her), he wrongs his own
soul and makes himself liable to Allahs punishment. Do
not breach Allah's commands and take it for a mockery,
but remember Allahs grace on you, and the fact that He
sent down to you the Book and Wisdom, for your
guidance. And fear Allah, and know that Allah is aware
of all things. (2:231)
From the preceding verses, it is clear that Allah (s.w.t.) has

decreed kindness, benevolence, tolerance and mercy to be the
bases of establishing good and strong ties between spouses in
order that they may enjoy a happy and blessed marital life.
2. Duties of the wife

Duties of a wife include firstly guarding her husbands rights in
his absence by protecting her honor and chastity, secondly,
managing her household affairs by tastefully decorating and
furnishing the house, keeping the house clean and tidy, using all
things with proper care and skill, preserving her husbands
property from loss or waste and refraining from doing anything
which would disturb the peace of the family, and finally
89
maintaining obedience and loyalty to her husband with a willing

heart.41
3. Mutual rights and obligations

In Islam, husbands and wives enjoy equal rights, although there
might be parties who accuse Islam of being unfair to women by
granting more rights to man. A close analysis of the rights
reveals this accusation to be untrue. The following paragraphs
discuss in detail the rights, as well as the obligations, of
husbands and wives in Islam.
- To help each other to practice Islam correctly, stay on the
right path, and guard one another against evil and sins.
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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)
- To be kind, understanding, and forgiving, and to treat the
other side in a tender and loving manner. A adth states:
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ishah (may Allah be pleased with her) reported that
the Prophet (p.b.u.h.) said: The best of you are those
who are kindest to their families, and I am the kindest to
my family. (adth, Sunan al-Tirmiz)
- As no individual human being is perfect, one has to take
into consideration the positive traits of the spouse and
learn to appreciate them, and avoid focusing on the
negative traits, which one has to try to tolerate. Allah
(s.w.t.) says:
41
al-Qarw, The Lawful and the Prohibited in Islam, pp. 117-122.
90
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Treat them with kindness and equity. If you dislike
them, be patient and dont hasten to divorce them
because you may dislike a thing wherein Allah had place
much good and benefit for you. (4:19)
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Ab Hurayrah reported that the Prophet (p.b.u.h.) had
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. (adth, Muslim)
- Both sides must avoid any extramarital relationship, or
such relationship that may cast suspicion on his/her
behaviour. The Prophet (p.b.u.h.) said:
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As reported by Ibn Jbir his father related that the
Prophet (p.b.u.h.) said: There is a type of jealousy
which Allah loves and there is another type which Allah
hates. As for that which Allah loves, it is the jealousy
which is provoked by a legitimate cause of suspicion;
and that which Allah hates is the jealousy which is
unduly aroused. (adth, Sunan al-Nis)
- Each side has to try his/her best to meet all the
psychological and physical needs of the other side.42 It is
the duty of the wife to make herself desirable, attractive,
42
al-Qarw, The Lawful and the Prohibited in Islam, pp. 194-195.
91
responsive and cooperative if she wishes to sustain her

husband devotion, failing which she may be pushing him
to look for extramarital relations or a second wife to
satisfy his needs and desires. Likewise, the husband must
do the same if he wishes to keep his wife devoted to him,
or he may find her looking for extramarital relations to
satisfy her needs. Both parties are required to avoid all
things that may make them less desirable or less
satisfactory to the other party. The Prophet (p.b.u.h.) said:
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Awun ibn Ab Juayfah reported his father saying: The
Prophet made a bond of brotherhood between Salmn
and Ab al-Dard. Salmn paid a visit to Ab al-Dard
and found his wife Umm al-Dard dressed in shabby
clothes and asked her why she was in that state. She
replied, Your brother Ab al-Dard is not interested in
the luxuries of this world (she indicated that he was not
interested in lovemaking with her). At the same time,
Ab al-Dard came and prepared a meal for Salmn.
Salmn requested Ab al-Dard to eat with him, but
Ab al-Dard said, I am fasting. Salmn said, I am
not going to eat unless you eat. So, Ab al-Dard ate
with Salmn. When it was night and part of the night
passed, Ab al-Dard got up to offer the night prayer,
92
but Salmn told him to sleep and Ab al-Dard slept. After

some time Ab al-Dard again got up but Salmn told him
to sleep. When it was the last hours of the night, Salmn
told him to get up then, and both of them offered the prayer.
Salmn told Ab al-Dard, Allah has a right on you, your
soul has a right on you, and your family has a right on you;
so you should give the rights of all those who have a right
on you. Ab al-Dard came to the Prophet (p.b.u.h.) and
narrated the whole story. The Prophet (p.b.u.h.) said,
Salmn has spoken the truth. (adth, al-Bukhr)
- Flexibility: Both sides have to be flexible, and prepare
themselves to adapt to a new marital life. Both are
expected to compromise certain things that can be
compromised, and try to settle disputes amicably through
effective means.
Duties toward children

Muslim parents duties towards their children are defined by the
divine commandments of Allah (s.w.t.) and the Sunnah. With
respect to parent-child relationship, the Qurn outlines two
important rules: (i) the existence of a child [as preordained by
Allah (s.w.t.) in the mothers womb) is not to be thought as the
cause of harm to the parent(s); and (ii) parents should
reciprocate and cause no harm to the child.43 The Qurn
enjoins parents to take care of their children well and to inflict
upon them no harm. The Prophet (p.b.u.h.) said:
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43
See ammdah Abd al-, The Family Structure in Islam, pp. 182-183.
93
It was narrated by Abdullah bin Umar that the Prophet

said, Every one of you is a guardian and every one of you
is responsible (for his wards). A ruler is a guardian and is
responsible (for his subjects); a man is a guardian of his
family and responsible (for them); a wife is a guardian of
her husbands house and she is responsible (for it), a slave
is a guardian of his master's property and is responsible (for
that). I thought that he also said, A man is the guardian of
his fathers property and is responsible for it. All of you are
guardians and responsible (for your subjects.)44
This adth clearly delineates the obligations of each Muslim as a
guardian, and his or her role to play in the family institution and
community at large. In another adth the role and responsibilities
of parents in raising and taking care of their children are clearly
stated. The Prophet (p.b.u.h.) said:
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Ab Hurayrah (r.a.) reported that the Prophet (p.b.u.h.)
said: Every child is born into the true religion. (i.e., into
a pure natural state of Islam), it is his or her parents
who later make him a Jew, a Christian or a Pagan.45
This adth shows that Islam is sensitive to and conscious of
the childs crucial dependence on the parents. Their role in
forming the childs personality and the far reaching effects of
socializing are clearly recognized by the Prophet.46 Thus,
among the rights of children are: the right to life, the right to
legitimacy, and the right to socialization and general care. The
first right indicates Islams stand against infanticide, while the
second one against sex outside the wedlock and towards
adoption. The third obligation concerns taking good care of
children and showing compassion towards them.47 The duty of
44
Imm al-Bukhr, a al-Bukhr, Kitb al-Jumah, Vol. 13, adth No.: 18.
45
Imm al-Bukhr, a al-Bukhr, Kitb al-Janiz, Vol. 23, adth No.: 468.
46
47
Ibid., pp. 184-188.
94
the parents towards their children is a charity of a higher order

to attend to their educational needs and teach them proper
manners. Interest in and responsibilities for the child welfare are
questions of first priority.48
Duties toward Parents

In this regard, the duties of children towards their parents are
parents rights. Allah (s.w.t.) the Almighty says:
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And your Lord has decreed that you worship none but
Him. And that you be dutiful to your parents (17:24)
In an authentic agreed-upon adth, the Prophet (p.b.u.h.) listed

the act of being neglectful of ones parents among the major sins.

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Ab Hurayrah reported that a person came to the Prophet
(p.b.u.h.) and asked: Who among the people is most
deserving of a fine treatment from me? He said: Your
mother The man again asked, who next? your
mother, the Prophet (p.b.u.h.) replied. The man asked,
Who is next? The Prophet (p.b.u.h.) said again, Your
mother. The man again asked, Then who? Thereupon
the Prophet (p.b.u.h.) said, Then your father.49
Among the rights of parents are: isn, obedience, support and

maintenance. Isn denotes what is right, good and beautiful,
and means many things, among which, are kindness,
compassion, charity, reverence, conscientiousness, and sound
performance.50 Paying the parents back some of what they
48
Ibid., p. 198.
49
Imm al-Bukhr, a al-Bukhr, Kitb al-Adab, Vol. 73, adth No.: 2.
50
95
deserve in return when they are old is another significant issue

in Islam. The Prophet (p.b.u.h.) said:

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Ab Hurayrah reported the Prophet (p.b.u.h.) saying:
Let him be humbled into dust; let him be humbled into
dust. A companion said to the Prophet (p.b.u.h.): who
is he? Then the Prophet (p.b.u.h.) replied: He who sees
to either of his parents during their old age or he sees to
both of them, but he does not enter Paradise.51
It is sad and disappointing that there are many cases in the

Muslim world where children become less tolerant towards
their parents as the parents grow older, and show less respect to
them. In many cases, the children may even prefer to send their
parents to the old folks homes. It can be said that the family in
Islam is one unique institution where the members care about
each other, and treat one other mercifully, with respect, love,
compassion and honour. Everyone has an important role to play.
Obligations are designated and set forth by the Islamic Law,
creating a harmonious and peaceful group and making them
worthy of receiving Allahs blessings and support.
51
Imm Muslim, a Muslim, Kitb al-Birr wa al-ilah wa al-db, Book
32, adth No.: 6189.
96
CHAPTER EIGHT
ETHICS AND PROFESSION
Ethics plays a profound role in shaping the values promoted by

any profession. Every profession promotes some values based
on its nature and scope. In some professions, certain values are
given preponderance over others due to their relevance to the
profession concerned. Nevertheless, there is some consensus
among moralists that there are values that are common to all
professions, except that these common values have their own
interpretation in respect of the chosen profession. This chapter
discusses two types of ethics: legal and business.
A. LEGAL ETHICS
Legal ethics are the principles of conduct that members of the
legal profession are expected to observe in the practice of law.
These includes judges, lawyers and all those associated with the
legal profession, who must act ethically with a sense of
accountability or responsibility, which will show their true
moral character inside and outside their workplace. However,
there is a difference between Islamic legal ethics and secular
legal ethics. Islamic legal ethics are related to the principles of
conduct that administrators of justice should reflect in their
personal and communal activities. The most important thing
that makes a Muslim administrator of justice differ from a
secularist administrator of justice is God-consciousness. A
Muslim administrator of justice has double-sided
communication - first with his Creator and second with his
clients, whereas, a secularist administrator of justice has only

one-sided communication, that is his communication with his
clients only. In order to have a better understanding of these
legal ethics, it will be necessary to discuss the following issues:
1. Judges
As a noun, judge refers to a person authorized to make
decisions. A judge is a court officer authorized to decide legal
cases. A judge presiding over a case may initiate investigations
on related matters, but generally judges do not have the power
to conduct investigations for other branches or agencies of
government.1 In other words, it is understood that judges are
public officers chosen or elected to preside over (govern or
control) and to administer the law in a court of justice. They
control the proceedings in a courtroom and decide questions of
law or discretion. Also, judges make a decision after examining
all the factual evidence presented, or form an opinion after
evaluating the facts and applying the law.
Who can be qualified as a judge?

Islam gives a great importance to justice, which must be
implemented according to the commandments of Allah (s.w.t.)
and the Sunnah of Prophet Muammad (p.b.u.h.). Those
appointed as judges must obey justice as delineated in the
Qurn and Sunnah, and avoid implementing justice according
to their whims and fancies.
Every sincere Muslim can be a judge. However, to qualify
as a judge or as a person who performs the function of a judge,
one must not be only a person of deep insight and profound
knowledge of the Sharah, but also Allah-fearing or Allah-
consciousness, forthright, honest, sincere and full of integrity.2
Therefore, a person is not qualified to be a judge in Islam unless
he meets the following two requisites:
a) Being a conscientious person who is self-determined to
serve justice and protect the rights of the people.
1
Free Legal Encyclopedia -James Strom Thurmond to Matter of Fact,
<http://law.jrank.org/pages/7863/Judge.html> (accessed on September 30, 2009).
2
Abdur Raman I. Doi, Sharah: The Islamic Law, p. 11.
98
Ethics and Profession
b) Being a knowledgeable person who possesses the required

legal knowledge and skills for being a judge.
It is very clear that the office of a judge is a heavy and

responsible one.3 Therefore, it is reported that the Prophet
(p.b.u.h.) said:
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Judges are of three categories: two of them will end up
in Hellfire and one in Paradise. One who knowingly
judges among people with injustice that is in the Hellfire.
The second is the judge who is ignorant and judges
among people without knowledge; thus, he violates their
rights. He will also be in the Hellfire. The third one is
one who judges with justice. He will be in Paradise.
(adth, al-Tirmidh)
The above adth shows how delicate and responsible the

profession of a judge is in Islam. Therefore, a judges
knowledge of the Qurn and Sharah must be very deep, and
he must judge with justice, failing which he may ruin a persons
life in the temporal world and his well-being in the life
hereafter. The life in the temporal world is temporary, while the
life in the next world is an everlasting one.4 Thus, it must be
very clear that a Muslim who wants to be a judge must have a
deep understanding of Islam as well as its application in various
aspects of life.
3
See Ahmed Mohd. Ibrahim and Mahmud Saedon Awang Othman, Judges
and Lawyers under the Sharah, in Islam and Justice, edited by Aidit Bin
Hj. Ghazali, (Kuala Lumpur: Institute of Islamic Understanding Malaysia,
1993), p. 130.
4
Ibid.
99
The Ethics of a Judge

A judge, who is qualified to administer the law in the court of
justice, must be a good example for himself and others. Being a
just judge means that one does not harm and abuse oneself. In
other words, a judge should first judge himself justly. He must
develop a personality with a moral character to reflect his inner
moral values. To judge between two or more people, he should
pay attention to the implementation of ethical norms and values,
and act with a high morality. According to Islam, a judge must
be, first, a good Muslim with the best moral character compared
to others. He should promote good and prevent evil through the
implementation of justice,5 and judge others according to the
commandments of Allah (s.w.t.), Who is the best Judge of all.
Every Muslim is reminded that Allah (s.w.t.) is the best Judge,
and on the Day of Judgment Allah (s.w.t.) will judge everyone
with justice and truth. Thus, every Muslim judge should bear this
in mind, and accordingly develop the ethical attitude to judge
people with justice and truth.
i. To judge with justice: Islam reminds Muslims in
general, and Muslim judges in particular, that they have to
judge people with justice only. Allah (s.w.t.) says:
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owners and that when you judge between people you judge
with justice; surely Allah admonishes you with what is
excellent; surely Allah is all Seeing, all Hearing. (4:58) 6
What is required from a judge is to try his best to make

decisions that comply with Islamic Law and justice based
on the evidence before him. When a judge does his best to
5
See Abdul Qadir Audah Shaheed, Islamic System of Justice, translated by
S.M. Hasnain, Kitab Bhavan, New Delhi, India, 1994, pp. 6-7.
6
100
reach a sound and just decision, he will not be sinful or

held responsible for erring in his decision. It is reported
that the Prophet (p.b.u.h.) said:

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Amr bin al- reported the Prophet (p.b.u.h.) as saying:
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.7
In another adth the Prophet (p.b.u.h.) said:

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Umm Salamah reported the Prophet (p.b.u.h.) as saying:
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.8
This adth shows that if a person judges between two

people based on what he heard from them, he will not be
responsible if what they have told him (the judge) is in
valid. But the responsibility will be with those who
knowingly present fake information to the judge in order
to harm their own brother. Thus, everyone has to bear in
mind that if a person escapes the punishment in this
7
Imm Muslim, a Muslim, Kitb al-Aqiyyah, Book 18, adth No.: 4261.
8
Ibid., adth No.: 4247.
101
temporal life, but he will not be able to escape the

punishment in the Day of Judgment. However, a judge
should be aware of situations, when people bring to him
their disputes and they are more eloquent in their claims
than he is, and therefore, he has show his role as the
representative of justice by convincing people to tell the
truth.
ii. To administer justice without fear and favour: To be

able to deliver justice without fear, a judge should be:
- Totally independent in his judgments. The fact that judges
are paid by the government does not mean that they are
like other functionaries who implement the policies of the
ruling government. In fact, they are paid from public
funds that belong to the whole society. Hence, they are
employed by the society for the purpose of implementing
justice. If a judge is pressured into doing injustice, he has
to resist or otherwise resign. Having to succumb to the act
of injustice ordered by higher authorities is not a
justification to free a judge from the sin of inflicting
injustice upon his subjects. As Allah (s.w.t.) said in the
Qurn:

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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)
- Willing to reverse his verdict in light of new evidence that
is likely to acquit the accused, or commute the
punishment.
- Neutral in administering cases of trial. Personal enmity or
disagreement with a litigant does not justify making an
unjust indictment or decision against him. Personal
disputes and disagreements should be settled outside his
duties.
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102
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)
- Against of all kinds of bribe camouflaged as gifts. The
Qurn and Sunnah say:
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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)

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the briber and the bribed in making judgments. (adth
al-Tirmidh)
- Giving fair and equal hearing to all litigants. As the
Messenger of Allah (p.b.u.h.) said:
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sides. (adth, Amad)
- Against of presiding over cases that involve his close
relatives or cases in which he has some personal interest.
iii. To judge with a stable mind: A judge must not conclude

a judgment when his mind is confused by anything that
will prevent sound thinking, like sorrow, grief, hunger,
anger, and excessive sleepiness and tiredness. The Prophet
(p.b.u.h.) said:
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No one should judge between two persons when he is
angry.9
9
Imm Muslim, a Muslim, Kitb Al-Aqiyyah, Book 18, adth No.: 4264.
103
iv. A judge must observe patience and be lenient: He must

not misuse his power to hold the defence in contempt of
court when they happen to disagree with him in an open
court.
2. Public Prosecutors
Public prosecutors are government officials who conduct
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. There are certain rules and
norms to be followed by the public prosecutors when doing
their job.
They should not suppress any piece of material evidence
that affects the fate of the accused. There should be
enough cooperation between public prosecutors and the
defence in this respect. Prosecutors have to disclose to the
defence any information known to them that might
exonerate the accused or mitigate the punishment.
Public prosecutors are prosecuting on behalf of society to
protect the rights of its members. The accused is also a
member of that society who needs his rights to be
protected. There should be a balance between the two
sides so that the accused will be convicted only on
grounds that are beyond reasonable doubt.
Public prosecutors should not take part in fabricating
accusations or evidence against anyone.
They should avoid selective prosecution, which might be
politically or personally motivated.
Public prosecutors should not prosecute in cases that
involve their close relatives or in cases in which they have
some personal interest.
Public prosecutors should not accept bribes or gifts.
104
3. Lawyers
Lawyers are those people whose profession is to give legal
advice and assistance to clients and represent them in court or in
other legal matters. Hence, they are persons, who through a
regular program of study, are learned in legal matters and have
been licensed to practice their profession. The reasons that
requires people to engage lawyers are as follow:
The lack of awareness and understanding about legal
matters, rules and regulations.
The inability of most people in defending their rights;
providing proper arguments; raising questions about the
law, proving ones innocence; elucidating the
circumstances in a criminal act; and others.
Appointing a lawyer is allowed in Islam:

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He [Ms (a.s)] said: O my Lord! I have slain a man
among them, and I fear lest they slay me. And my
brother Aaron - He is more eloquent in speech than I: so
send him with me as a helper, to confirm (and
strengthen) me: for I fear that they may accuse me of
falsehood. He [Allah (s.w.t.)] said: We will certainly
strengthen thy arm through thy brother, (28:33-35)
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Abdullh ibn Jafar narrated that Al ibn Ab lib
disliked disputes; and therefore, whenever he had a
dispute he used to appoint Aql ibn Ab lib as lawyer
until he became old, then he appointed me as his
lawyer. (adth, al-Bayhaq)
Some people, due to their various responsibilities, cannot afford

to attend every meeting in court for regular procedures,
105
therefore, it is convenient for them to appoint lawyers and not to

interrupt their work.10
Duties of Lawyers
A legal practitioner has two duties:
He is employed by clients individual or group - to serve
and represent their interests.
He is participating in the implementation of law through
advice, trial of cases, preparation of legal documents, and
negotiation with others for his clients.
The lawyers chief interest lies in serving his client and in

securing justice. He represents his clients interests, but may not
engage in tactics that violate the fair administration of justice.
Duties towards clients:

Fulfilling contracts and keeping promises
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(True believers are those) who faithfully observe their
trusts and their covenants. (23:8)
Honesty and sincerity in representing and advising his

clients. A lawyer has to defend his clients to the best of
his knowledge and abilities.
Communication between the lawyer and his client should
be kept confidential and not be disclosed, as it is a kind of
amnah (trust), unless the client wishes it to be disclosed.
This rule does not apply to those communications that
involve planning to commit a crime. Otherwise, the
lawyer would be considered an accomplice in the crime.
10
Karzn, Amad asan, Muhmt Rislah wa Amnah, (Beirut: Dr Ibn
azm, 1st ed., 1993), pp. 15-16.
106
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And help one another in goodness and piety, and do not
help one another in sin and aggression. (5:2)
A lawyer has no right to drop or waive any right of his

client unless he is ordered by his client to do so.
A lawyer has no right to make any admission of guilt on
behalf of his client unless he is ordered by his client to do so.
A Muslim lawyer has to be lenient with his clients, and
keep a balance between his business interests and the
consideration of the situation of the poor, which is a duty
of a Muslim towards his fellow Muslims. Thus, he has to
be reasonable in charging them affordable legal fees.
Duties towards Justice

A Muslim lawyer should not engage himself in any tactic
that violates the fair administration of justice.
It is unlawful for a lawyer to conceal the truth.
It is unlawful for a lawyer to argue for the innocence of a
client when he knows that the client is guilty.
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We have sent down to thee the Book in truth, that thou
mightest judge between men, as guided by Allah: so be
not (used) as an advocate by those who betray their trust;
But seek the forgiveness of Allah; for Allah is Oft-
forgiving, Most Merciful. Contend not on behalf of such
107
as betray their own souls; for Allah loveth not one given to
perfidy and crime: They may hide (Their crimes) from
men, but they cannot hide (Them) from Allah, seeing that
He is in their midst when they plot by night, in words that
He cannot approve: And Allah Doth compass round all
that they do. Ah! These are the sort of men on whose
behalf ye may contend in this world; but who will contend
with Allah on their behalf on the Day of Judgment, or who
will carry their affairs through? (4:105-109)
B. BUSINESS ETHICS
Islam encourages mankind to enjoy the bounties offered by
Allah (s.w.t.), provided that these bounties are not used in
forbidden activities and in an excessive manner. Since wealth is
a favour from Allah, it is to be treated properly; it should not be
abused, misused, destroyed, wasted, or laid idle. Allah (s.w.t.)
says in the Qurn:
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good, and do not follow the footsteps of the Evil one.
Verily, he is to you an open enemy. (2:168)
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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)
108
Wealth is to be regarded as a means, not as an end. It is a means

of satisfying needs in a moderate way for a limited term in this
world, leading to a more meaningful and lasting life in the
Hereafter. In treating wealth as an end in itself, people become
materialistic, selfish, ruthless and greedy, and can never be
satisfied. The Prophet (p.b.u.h.) said:
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Whosoever makes success in the Hereafter his
uppermost goal, God will make his heart full of content
and unifies his vision and goals. Undoubtedly, he is
going to get his portion of substance in this life. And
whosoever makes material success his uppermost goal,
Allah will make the threat of poverty ever under his eyes.
And he is not going to get in this life more than the
portion prescribed to him. (adth, al-Tirmidh)
Islamic Ethics in Business Transaction

Islam contains ethical principles, which relate to business
activities. In Islam, it is ethics that dominate economics and not
the other way around. The most important thing that a Muslim
has to do while he searches for his provision is to make sure that
the source of income and the target of spending this income is
lawful and according to the Islamic ethics and tenets. Every
transaction taking place among Muslims, and between Muslims
and others, i.e., religious and irreligious people, should be done
within the Islamic parameters of all and arm.
Making all Earnings

Regarding the acquisition and disposition of wealth, the Qurn
has provided a definite concept of all (permissible) and
arm (forbidden) by which all types of acquisition or
disposition of wealth are to be adjudged. The principles of all
and arm apply as much to the spending of wealth as it does to
its acquisition. A lawfully acquired wealth is, to be spent only
109
on lawful and permissible things. In other words, the spending

of wealth is also restricted to all things and cannot be spent
on anything that is forbidden by Islam. A Muslim is required to
always invest his capital in an enterprise that is all, although
it might bring less profit as compared to what accrues a arm
enterprise.
a) Benefits of all earnings

all work and the earnings generated from it are a kind
of ibdah, for which a Muslim will be duly rewarded by
Allah (s.w.t.).
Whatever is spent out of all earnings is considered as
adaqah (charity), even that spent on ones family, and
that eaten by birds and animals.
all earnings will be blessed by Allah (s.w.t.).
all earnings will bring to the possessor peace of mind
and help him to have a clear conscience.
b) Evils of arm earnings:

Punishment on the Day of Judgement.
Rejection of du (supplication). The Prophet (p.b.u.h.)
said:
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O 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:
O you who believe, eat of the good things that We gave
110
you (2:172) He then made a mention of a person who

travels widely, his hair dishevelled and covered with
dust. He lifts his hand towards the sky (and thus makes
the supplication): O Lord, O Lord, whereas his diet is
unlawful, his drink is unlawful, and his clothes are
unlawful and his nourishment is unlawful. How can then
his du (supplication) be accepted? (adth, Muslim)
Blessings will be lifted from the earning.
adaqah from it will not be accepted by Allah (s.w.t.). It
is reported that the Prophet (p.b.u.h.) said:
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If anyone accumulates wealth through arm means and
then gives charity from it, there is no regard for him and
the burden of sin remains. (al-akim and Ibn Hibban)
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If a person earns property through arm 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 (upon his death) it will be his provision
in Hellfire. Indeed, Allah (s.w.t.) does not obliterate one
bad deed with another bad deed, but He cancels out a bad
deed by a good deed. An unclean thing does not wipe
away another unclean thing. (adth, Musnad Amed)
arm wealth will be a witness against its owner on the
Day of Judgement. The Messenger of God (saw) said:
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No doubt this wealth is sweet and green. Blessed is

the wealth of a Muslim from which he gives to the poor,
the orphans and to needy travellers. (Or the Prophet said
something similar to it). No doubt, whoever takes it
illegally will be like the one who eats but is never
satisfied, and his wealth will be a witness against him on
the Day of Resurrection. (adth, al-Bukhr)
The possessors of arm earnings will have always a

guilty conscience.
Fulfilling Contracts and Promises

A contract is a legally binding agreement between two or more
parties; thus, its terms and conditions should be fulfilled by all
parties. Allah (s.w.t.) has commanded Muslims to fulfill the
terms and conditions of the contracts they enter into:
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obligations (5:1)
The same command was given by the Prophet (p.b.u.h.):

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Reconciliation between Muslims is lawful unless it
makes something arm as all or vice versa. And
Muslims are bound by all the conditions they have
agreed upon, unless a contract or condition is against the
principles of Islam in that it makes something arm as
all or vice versa. (adth, al-Tirmidh)
In order to protect debt contracts from any kind of breach, the

Qurn recommends that these contracts either be documented
112
in the presence of required witnesses, or take a mortgage as a

security for payment of credits. Allah (s.w.t.) says:
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O you who believe! When you contract a debt for a fixed
term, record it in writing (2:282)
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And if you are on a journey and cannot find a scribe,
then a pledge in hand shall suffice. (2:283)
Although promises sometimes may not be legally binding, they

are morally and religiously binding. The Prophet (p.b.u.h.) said:

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There are three characteristics of a hypocrite: when he
spoke he told a lie, when he made promise he acted
treacherously (he did not keep it), and when he was
trusted he betrayed. In another narration: And even if
he observed fast and prayed and asserted that he was a
Muslim. (adth, Muslim)
Upholding Honesty and Truthfulness and Avoiding Deception

Truth and honesty are the basic requirements of trade and
dealing with others. The Prophet (p.b.u.h.) said:

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The buyer and seller are free to accept or reject any
offer or conditions until they conclude a contract or part
from each other. If they have acted with honesty, and
have explained the defects of commodities, then Allah
will bless them with prosperity. And if they tried to deal
dishonestly and tried to hide the defects, then it is likely
113
that they may get some profit, but the prosperity will
vanish from their trade. (adth, Musnad Amed)
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Abu Hurayrah narrated that the Prophet (p.b.u.h.) 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 (p.b.u.h.),
rain poured upon this stock. The Prophet (p.b.u.h.)
remonstrated: Then why did you 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. (adth, Muslim)
In order to have a good relationship between the seller and the

buyer, Islam urges the Muslim sellers to act according to the
Islamic ethics related to business transaction.
a) Avoidance of selling defective commodities unless the
defect is shown to the buyer. The Prophet (p.b.u.h.) said:
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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, unless the defect is shown to the buyer. (adth,
Ibn Mjah)
b) Avoidance of false and misleading advertisement: One
of the most unethical practices in modern business is to
deceive customers by launching misleading
advertisements and publicity campaigns. The actual
products usually do not match the standards and
specifications mentioned in the advertising messages.
Islam strictly prohibits this deceitful practise.
114
c) Giving accurate measurement and weights: One of the

oldest ways of cheating in business is selling commodities
with less than the standard weight or measurement. This
would include the practice of selling substandard, inferior
or adulterated products. The basic motive behind this
malpractice is to maximize profits and accumulate
material possessions, without any regard for the ethical
validity of the means to be adopted for this purpose. Allah
(s.w.t.) has warned us against such malpractice in the
following verses:

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(26:181-182)

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Woe to those that deal in fraud. Those who, when they
have to receive by measure from men, exact full
measure. But when they have to give by measure or
weight to men, give less than due. (83:1-3)
Avoiding Greed in Making Profit

a) To avoid hoarding essential commodities: Hoarding is a
kind of business exploitation of consumers. The lust for
money and the overemphasis on profit maximization lead
to hoarding essential commodities during the periods of
scarcity and crises, with an intention to sell the
commodities at lucrative higher prices. Artificial scarcity
of certain products is sometimes deliberately created by
businessmen by hoarding large stocks. Islam vehemently
condemns hoarding and warns businessmen about the
dreadful consequences of this behavior. The Prophet
(p.b.u.h.) said:
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115
One who hoards things for increasing their prices for

Muslims is a wrong doer. (adth, Musnad Amed)
b) To uphold balance between competitiveness, on one

hand, and cooperation and giving advice to Muslims
on the other: Islam urges Muslims to maintain balance in
business transaction. They have to compete with one
another in what is good without causing any harm to each
other. They must not compete with one another in what is
evil. In order to uphold balance between competitiveness,
Islam urges Muslims to cooperate and to give advice to
one another. Allah (s.w.t.) says:
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who are foremost in them. (23:61)

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Help ye one another in righteousness and piety, but help
ye not one another in sin and rancour: fear Allah: for
Allah is strict in punishment. (5:2)
Avoiding Violation of the Rights of Others

a) To avoid bribery: God has warned us against giving
bribes to get privileges, violate the rights of others, and
escape due and just punishments.
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And do not eat up your property among yourselves by
false means, nor seek to gain access thereby to the judges
and rulers, so that you may eat up a part of the property
of others wrongfully. (2:188)
It is reported that the Prophet (p.b.u.h.) said that both

those who give and receive bribes are cursed.
116

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Ab Hurayrah reported that the Prophet (p.b.u.h.) cursed
the briber and the bribed in making judgments. (adth,
al-Tirmidh)
b) Fair recruitment practices: In public organizations,

employment and promotional decisions are often
hampered or influenced by discrimination, nepotism,
corruption and bribery. In Islam, an office or a post is
regarded as 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. The Prophet (p.b.u.h.) said:
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Whoever has appointed an administrator through
nepotism when there was another who was more
desirable before Allah than that person (one who is more
suitable for this position), then he has committed a
misappropriation against Allah and His Messenger and
all the Muslims.
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Ab Hurayrah reported that while the Prophet (p.b.u.h.)
was saying something in a gathering, a Bedouin came
117
and asked him, When would the Hour (Doomsday) take

place? Allahs Apostle continued his talk, so some
people said that Allahs Apostle had heard the question,
but did not like what that Bedouin had asked. Some of
them said that Allahs Apostle had not heard it. When the
Prophet finished his speech, he said, Where is the
questioner, who enquired about the Hour (Doomsday)?
The Bedouin said, I am here, O Allahs Apostle. Then
the Prophet said, When honesty is lost, then wait for the
Hour (Doomsday). The Bedouin said, How will that be
lost? The Prophet said, When the power or authority
comes in the hands of unfit persons, then wait for the
Hour (Doomsday.)11
c) Fair treatment of workers: It is the moral responsibility

of the employers to take care of the overall welfare and
betterment of their workers. Fair wages, good working
conditions, suitable work and brotherly treatment should
be provided to the workers.
- Wages and the specifications of the work must be
clarified and agreed upon before starting 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.
The employer is urged to pay his employees in the proper
time. The Prophet (p.b.u.h.) said:
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Give the labourer his wage before his sweat is dried.
(adth, Ibn Mjah)
In another adth the Prophet (p.b.u.h.) said:
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Imm al-Bukhr, a al-Bukhr, Kitb al-Ilm, Book 1, Vol. 3, adth: 56.
118
Allah says: I will act as plaintiff, on the Day of

Judgement, against three types of people. A person who:
makes a covenant in My Name, but proves treacherous;
sells a free person and eats his price; and employs a
labourer and takes full work from him but does not pay
him for his labour. (adth, al-Bukhr)
Avoiding Unlawful Deals

Islam, while permitting trade, has forbidden usury, and also the
mixing of income from usury with other lawful income. Allah
(s.w.t.) says:
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Those who devour usury will not stand but they will
stand like the one whom the Satan with his touch had
driven to madness. That is because they said that trade is
like usury, but Allah has permitted trade and forbidden
usury. Those who after receiving direction from their
Lord, desist, shall be pardoned for the past; their case is
for Allah (to judge); but those who repeat (the offence)
are companions of the Fire; they will abide therein
(forever). (2:275).
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Allah deprives usury of His blessings, but he blesses
almsgiving with increase; for He loves not the ungrateful
sinners. (2:276).
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119
O you who believe! Fear Allah, and give up what

remains of your demand for Rib (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)
All those business transactions, which involve rib (interest

rate/usury) in one form or another, according to Islam, are
unlawful and contribute to injustice. In order to avoid dealing in
arm commodities, all transactions involving any kind of
unlawful commodities such as liquor, pork, and the like should
be avoided by every Muslim.
Leniency
Every Muslim should be polite, tolerant and lenient in dealing
with others. The Prophet (p.b.u.h.) said:
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May Allah bless the person who behaves leniently
while buying, while selling, and while collecting his
dues. (adth, al-Bukhr)
The ultimate form of leniency is to allow the debtor who is in

difficult circumstances plenty of time to repay his debt, or if it is
possible, to grant the mount loaned to him as charity if he is
poor or needy.
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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)
120
Avoiding Taking Unnecessary Oaths

Muslims are discouraged from making oaths in their daily life.
One is permitted to take an oath only when it is necessary. The
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Beware of excessive oath in trade as it brings an
immediate benefit followed by a lift of blessing.
(adth, Muslim)
Abdullh ibn Ab Aufa narrated that a man

displayed some goods in the market and swore by
Allah that he had been offered so much for the
goods, something, which was not offered, and he
said so to cheat a Muslim. On that occasion, the
following verse was revealed:
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Verily! Those who purchase a small gain at the cost of
Allah's covenant and their oaths They shall have no
portion in the Hereafter, nor will Allah (deign to) speak
to them or look at them on the Day of Judgment, nor will
He cleanse them (of sin): they shall have a grievous
penalty. (3:77) (adth, al-Bukhr)
121
122
CHAPTER NINE
INTER-PERSONAL RELATIONS
Allah (s.w.t.) has created man as an ethical and sound being,

which grants him a higher place in the creation and gives him
priority compared to other creatures. But man does not interact
with himself only. Rather, he communicates and interacts with
other fellow men of the same kind, and therefore, he has to
know how to approach and deal with others. There are two
important types of communication, i.e. intra-personal and inter-
personal moral aspects, which can assist man to develop and
construct good and friendly relationships. Intra-personal
communication takes place with ones self, through which a
Muslim develops his inner moral character, which is regarded
as the basis for the inter-personal communication. Thus, people
should know how to communicate with themselves first before
communicating with others. In Islam, ethics plays a crucial role
in the formation of inter-personal relationships among Muslims
and between Muslims and people of others religious beliefs.
The ethics that governs inter-personal/social relationships will
be understood through the discussion of the following issues:
General rights of a Muslim over another Muslim

Since Islam considers all Muslims as brothers and sisters, it is
necessary for them to maintain and nourish the spirit of
brotherhood by observing a certain standard of moral and social
conduct. A Muslim has certain responsibilities towards others in
specific circumstances and relationships. The following adth
explains the general rights of all Muslims.

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Ab Hurayrah reported the Prophet (p.b.u.h.) as saying:
Six are the rights of a Muslim over another Muslim. It
was said to him: Allahs Messenger, what are the six
rights? Thereupon he said: When you meet him, offer
him salm; when he invites you to a feast, accept it.
When he seeks your counsel, give him, and when he
sneezes and says: al-amdu lillh, you say yaramuka
Allah (may Allah show mercy to you); and when he
falls ill, visit him; and when he dies, follow his bier.1
Islam dictates that when a Muslim gets angry with another, he

should not give up his association with his Muslim brother for
more than three days. The Prophet (p.b.u.h.) said:
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It is not lawful for a Muslim to remain aloof
(unspeaking) from his brother for more than three
days.2
Behaviour toward parents and relatives

Family is the basic unit and component of society. If the society
is to be solid, the families forming such a society will have to be
solid, too. Islam directs us to build a strong family based on
high moral principles. The obligations of Muslims, therefore,
start with; first and foremost, themselves, their parents, their
1
Imm Muslim, a Muslim, Kitb al-Salm, Chapter 3: The right of a
Muslim upon another Muslim is that his greeting should be responded to,
adth no.: 5379. See <http://www.islambasics.com/view.php?bkID
=25&chapter=26> (accessed on September 25, 2009).
2
Imm Bukhr, a al-Bukhr, Kitb al-db, Vol. 8, Book 73, adth
No.: 91. See <http://www.islambasics.com/view.php?bkID=24&chapter
=73> (accessed on September 25, 2009).
124
Inter-Personal Relations
brothers and sisters, and then beyond.3 It is but natural to expect

a person who respects his parents to respect Allah (s.w.t.). A
person who does not respect his parents can hardly be expected
to respect Allah (s.w.t.). That is the reason why Islam has put a
great emphasis on showing love to parents.4
1. Islam has accorded high priority to duties to parents,

placing it next only to duties to Allah. Allah (s.w.t.)
says:
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Your Lord has decreed that you worship none but Him,
and that you be kind and good to your parents. If either of
them attain old age while you are alive, then say not to
them Fie and scold them not, speak to them with a noble
speech and out of kindness, lower to them the wing of
humility and say My Lord! Bestow on them Your Mercy
equally as they brought me up when I was a child.5
The above verses emphasize three aspects: (i) Not to offend
or be rude with our parents but to speak to them humbly and
respectfully; (ii) to render them service and to treat them
with humility and reverence; and (iii) to frequently pray to
Allah for their well-being and happiness.
2. In addition, Islam has awarded mothers a special respect.


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A.S. Hashim, Islamic Ethics and Personal Conduct, International Graphics,
Belstville, 3rd ed., 1990, pp. 97-98.
4
K. Syed Mohamed Jamaly, Islam: What is it?, translated by S. M. Sulaiman,
Azad, Madras, 1983, p. 234.
5
(Maryland: Amana Corporation, 1989), Srah al-Isr: 23-24.
125
And We have enjoined on man (to be good) to his

parents: in travail upon travail [in weakness upon
weakness] did his mother bear him, and in years twain
was his weaning [his weaning takes two years]: (hear the
command), Show gratitude to Me and to thy parents: to
Me is (thy final) Goal. (31:14)

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Ab Hurayrah reported that a person came to the Prophet
(p.b.u.h.) and asked: O Messenger of Allah! Who among
the people is most deserving of a fine treatment from me?
He said: Your mother The man again asked, who next?
your mother, the Prophet (p.b.u.h.) replied. The man
asked, Who is next? The Prophet (p.b.u.h.) said again,
Your mother. The man again asked, Then who?
Thereupon the Prophet (p.b.u.h.) said, Then your father.6
3. Keeping a good relationship with relatives: The Prophet

(p.b.u.h.) said that Allah has said in a adth Qudsi:
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I am al-Ramn (Merciful) and al-Raim (blood
relationship) is derived from My name. I am close to
those who solidify relationships and aloof from those
who sever them. (adth, Sunan Ab Dwd)
Islam urges its followers to keep good relationship with

their relatives in normal circumstances, and to reconcile
with those relatives who cut off ties with them. The
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Imm al-Bukhr, a al-Bukhr, Kitb al-Adab, Vol. 73, adth No.: 2.
126
The man who fulfils his duties towards his relatives is

not the real protector of blood relationship, but he is one
who joins it after it is severed. (adth, al-Bukhr)
Behaviour toward co-workers

In addition to the duties of a Muslim towards another Muslim,
the duties of a Muslim towards his co-workers include the
following:
a) Cooperation: they have to collaborate with one another
in good faith for the best interests of their institution and
the community as a whole. Allah (s.w.t.) says:
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And help one another in goodness and piety, and do not
help one another in sin and aggression. (5:2)
b) Mutual respect and avoiding interference in one

anothers personal affairs. The Messenger of Allah
(p.b.u.h.) said:
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It is a sign of good faith (mn) that one does not
interfere in matters that do not concern one (adth, Ibn
Mjah, al-Tirmidh, Ibn abbn)
c) Sharing of knowledge and experience: It is the duty of a

senior worker to pass his knowledge and experience to his
juniors. To encourage people to share their knowledge
and experience with others, the Prophet (p.b.u.h.) declared
that sharing knowledge and experience with others is a
charity:
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When a person dies, he is completely cut off from all
things in this world except from three things:
(a) continuous charity [if he has built something, i.e. a
127
hospital, bridge, or university, from which people

benefit]; (b) knowledge that he had taught and remains
put to good use; and (c) virtuous child praying to Allah
for him. (adth, al-Tirmidh)
It is also the duty of the less experienced workers to learn

from their seniors. The Qurn says:
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Behaviour towards the Superiors

The duties of a Muslim towards his superiors include:
a) Obeying them and observing the rule of law. Allah
(s.w.t.) has commanded us to obey Him and to observe
the rules and laws, which are not against His commands:

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O you who believe! Obey Allah and obey the Messenger
and those in authority from among you. (4: 59)
It should be clear that obedience to superiors is necessary

for the sake of the Ummah and to ensure smooth running
of public affairs. One has to observe the law regardless of
his feelings toward and personal relationship with
superiors. Moreover, obedience in Islam is not absolute;
rather it is limited to what is good, reasonable and
consistent with the principles of Islam.
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Al (r.a.) reported that the Prophet (p.b.u.h.) sent a force (on

a mission) and appointed for them a man. He kindled a fire
and said: Enter it. Some people made up their minds to
enter it (the fire), (carrying out the order of their
commander), but the others said: We fled from the fire
(thats why we have come into the fold of Islam). The
matter was reported to the Messenger of Allah (p.b.u.h.). He
said to those who wanted to enter it (at the order of their
commander): If you had entered it, you would have
remained there until the Day of Judgment. He
complimented the act of the latter group and said: There is
no submission in matters that demand disobedience towards
Allah and that earn His displeasure. Submission is obligatory
only in what is good (and reasonable). (adth, Muslim)
b) Giving them advice. The Messenger of Allah (p.b.u.h.) made

the act of giving advice as part of the essence of religion:
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Dr that the Prophet (p.b.u.h.) said: Religion is naah
[honest advice] We said: To whom? The Prophet
(p.b.u.h.) said: To Allah and His Book, and His
Messenger, and to leaders of the Muslims and their
common folk. (adth, Muslim)
Behaviour toward Subordinates

The duties of a Muslim towards his subordinates include:
a) Counselling (shr) and getting feedback from them:
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Those who hearken to their Lord, and establish regular
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129
Consultation; who spend out of what We bestow on them

for Sustenance; (42:38)
b) Being kind and lenient with them. It is reported that the

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the affairs of my Ummah and is hard on them, and be
kind to him who acquires control over the affairs of my
Ummah and is kind to them. (adth, Muslim)
The Prophet (p.b.u.h.) also said:
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and confers upon kindness which he does not confer
upon severity and does not confer upon anything else
besides it (kindness). (adth, Muslim)
c) Serving them honestly and sincerely. The Prophet

(p.b.u.h.) made it clear that a dishonest ruler (amr) who
does not strive to serve his subordinates honestly and
sincerely is not considered as a member of the Muslim
community, and will not be with them in Jannah on the
Day of Judgment.
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A ruler who, after having obtained control over the
affairs of Muslims, but does not strive for their
betterment and does not serve them sincerely shall not
enter Paradise with them. (adth, Muslim)
130
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Any one who has been entrusted with the affairs of a
group of Muslims and who dies as a dishonest ruler, to
him paradise is forbidden by Allah. (adth, Muslim)
Behaviour towards Neighbours

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ishah reported the Prophet (p.b.u.h.) as saying: Jibril
kept impressing upon me kind treatment towards the
neighbour until I thought as if he would confer upon him
the right of inheritance. (adth, al-Bukhr and Muslim)
The duties of a Muslim towards his neighbours may be

summarized as follows:
a) To avoid causing them any kind of harm. The Prophet
(p.b.u.h.) warned those who cause harm to their
neighbours of dire consequences.
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He, whose neighbour is not secure from his wrongful
conduct, will not enter paradise. (adth, Muslim)
b) To help and be kind to them. Showing kindness to

neighbours is a sign of good faith (mn). This is made
very clear in the following verses and Adith:

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Serve Allah, and join not any partners with Him; and do
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131
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 [boastful] (4:36).
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Ab Hurayrah reported that the Prophet (p.b.u.h.)
observed: He who believes in Allah and the Last Day
should either utter good words or 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.
(adth, al-Bukhr and Muslim)
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The finest in the sight of Allah is one who is best (in
conduct) to his friends and his neighbour. (adth, al-
Tirmidh)

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Ab Dharr reported that the Prophet (p.b.u.h.)
commanded him with the following: whenever you
prepare a broth, add water to it, and have in your mind
the members of your neighbours household and then
give them some of it (the broth) with courtesy. (adth,
Muslim)
132
CHAPTER TEN
ISLAM AND THE ENVIRONMENT
The Qurn states that Allah (s.w.t.) has created all things in
this world in due proportion and measure and speaks of the
cosmos as a perfect creation that is exploitable and serviceable
to mankind. Man is created by God as a social creature
endowed with freewill and mental faculties. He has been
created with the ability to explore the universe and nature, and
exploit them to make his existence convenient, comfortable and
meaningful. However, the Qurn warns on many occasions
against attempts to tamper with the firah (laws set by God to
govern the intrinsic characteristics and the functions of living
and non-living creatures in this universe) and against any form
of altering it. Such alterations may undermine the ecological
balance and lead to harm to both mankind and the environment.
The moment this universal equilibrium is impaired and
vitiated through human intervention, man's relationship with the
Creator and His creation starts to degenerate. This will cost him
dearly in terms of health, wealth, peace, prosperity and his
general well-being. The Qurn declares that the entire creation
has a purpose.1 Environment, being a part of Gods creation,
must also have a purpose. Although it is subjected to man for
1
(Maryland: Amana Corporation, 1989), Srah al-Anbuy (21): 16; Srah
al-Dukhn (44): 38-39; Srah al-ijr (15): 85; Srah al-Rm (30):8; and
Srah al-Aqf (46): 3.
his sustenance on this earth, man is commanded to use it wisely

and to avoid creating mischief on the earth.2
This chapter highlights the Islamic stand towards the
preservation and sustainability of the environment. Apparently
traditional Muslim scholars did not give much attention to
environmental and ecological issues. That was mainly because
the need for the establishment of an Islamic eco-theology and
environmental fiqh did not arise them. However, it is now
evident that the future of mankind is threatened by
environmental and ecological disasters.
Thus, there is a real need to examine how Islamic texts
look at nature and the implications of the Islamic view to the
preservation of the environment, judicious use of natural
resources, and avoidance of potential ecological and
environmental disasters.
Meaning of Environment
Environment is the complex of physical, chemical, and biotic
factors that act upon an organism or an ecological community
and ultimately determine its form and survival.3 G. T. Miller, in
his book Living in the Environment writes: The term
environment refers to all external conditions and factors that
affect living organisms. Here external factors mean all the
things around us such as air, water, light, animals, humans etc.4
The environment comprises everything in our surrounding, the
living and the non-living. It is generally classified into two
broad categories: the natural environment and the man-made or
built environment. The natural environment has been created for
the sustenance of man and includes the sun, the moon, stars,
plants, trees, rivers, seas, oceans, valleys, mountains, animals
and countless other creatures. The built environment is made by
man in order to improve his living conditions on the earth, and
2
See for example the Qurn, Srah al-Arf (7): 56, 85; Srah al-Baqarah
(2): 205; Srah al-Midah (5): 33, 64; and Srah al-Qaa (28): 77.
3
Encyclopedia Britannica, CD Rom Edition, 2004.
4
Miller, G. Tyler, Jr., Living in the Environment Principles, Connections
and Solutions. (USA: Brooks/Cole Wadsworth Thomson Learning, 12th
ed., 2002), p. 3.
134
Islam and the Environmet
includes roads, buildings, bridges, factories etc. The natural

environment is based on the principle that all its individual
components were created by God, and that all living things were
created with different functions, carefully measured and
meticulously blended by the Almighty Creator.
Relationship between Human Beings and the Environment

An individuals relationship with the environment is governed
by certain moral precepts. These originate with Gods creation
of humans and the role they were given upon the earth. The
role of humans is not only to enjoy, use and benefit from their
surroundings. The Prophet (p.b.u.h) said:
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All creatures are Gods dependents and the dearest to
God among them is the one who is most useful to Gods
dependents. (al-abarn)
The relationship between human beings and their environment

includes many other features in addition to subjugation and
utilization. Construction and development are primary but our
relationship with nature also includes meditation, contemplation
and enjoyment of its beauties.
Human beings are essentially dependent on nature or
environmentally speaking on biosphere as it provides him with
all the necessities for his sustenance, growth and development.
But in much less than a thousand years, humanity has brought
the biospherethe giver of products essential for life, living
space, quality-of-life, variety-of-life and national economies
to a crisis point. The biosphere is now giving us many signals
that it is greatly stressed; that it is struggling to cope with
natural resource depletion, ozone depletion, acid rain,
ecosystem5 loss, and polluted air, land, rivers and oceans. Yet
5
Ecosystems usually refer to the community of different species interacting
with one another and with the chemical and physical factors making up its
nonliving environment. Everything in the biosphere that affects the
environment is the components of ecosystems.
135
our future depends on it.6 Not many people today are willing to
accept the fact that no peace is possible in human society as
long as the attitude towards nature and the whole natural
environment is one governed by exploitation, aggression and
war. Likewise, not many are able to realize that in order to gain
peace with the environment, there must be peace with the
spiritual order.7
Man must respect the environment as he is dependent on
it. Therefore, man cannot but coexist with the environment,
giving away and receiving in return proportionally to what he
offered. From the partnership, man is bound to attain both peace
and prosperity in this world, and salvation in the Hereafter, or
frustration, humiliation, and chastisement in both worlds. The
Qurn proclaims:
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But seek, with that (wealth) which Allah has bestowed
on you, the home of the Hereafter, and forget not your
portion of legal enjoyment in this world, and do good as
Allah has been good to you, and seek not mischief in the
land. (28:77).
Mans rights over nature are rights of sustainable use based on

moderation, balance and conservation. Natures right over man,
on the other hand, is that it be kept safe from every misuse,
mistreatment and destruction. Greed, extravagance, and waste
are considered a tyranny against nature and a transgression of
6
Brunckhorst, David J., Bioregional Planning: Resource Management
Beyond the New Millennium, (Singapore: Harwood Academic Publishers,
2000), p. vii.
7
Seyyed Hossein Nasr, Man and Nature, (Kuala Lumpur: Foundation for
Traditional Studies, 1986), pp. 13-14. Cited in Spahic Omer, Studies in
the Islamic Built Environment, (Kuala Lumpur: Research Centre, IIUM,
2nd ed., 2004), pp.17-18.
136
this right.8 The Qurn shows that there is a relationship

between the behaviour of people and the conditions of the
environment. Right and moral behaviours yield positive results,
as depicted in the following verses:

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If the people of the towns had but believed and feared
God, We should indeed have opened out to them (all
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O my people! Ask forgiveness of your Lord, and turn to
Him (in repentance): He will send you the skies pouring
abundant rain, and add strength to your strength: so turn
you not back in sin! (11:52).
On the other hand, rejection and turning away from the right
path result in a negative impact on the environment:
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But whosoever turns away from My Message, verily for
him is a life narrowed down (20:124).
In addition, there are verses that establish a relationship

between natural disasters and unbelief or immoral behaviour, or
a combination of both. The result of unbelief or immoral acts,
when they become prevalent, is the total destruction of the
environment. Such is the story of Prophet N (Noah) and the
flood, which destroyed everything except the Ark and its load of
people and species. The order that came to end the flood shows
that the water gushed and abated at Gods command (Qurn,
11:44).
8
Abd al-Hamid, { Explaining the Islamic Environmental Ethics, in Islam
and the Environment, edited by A. R. Aqwam, (New Delhi: Institute of
Objective Studies, 1997), p. 59.
137
As a general rule, there is a direct relationship between

wrongdoings and calamities:
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And whatever misfortune befalls you, it is because of what
your hands have done. And He pardons much." (42:30).
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Mischief (corruption) has appeared on the land and sea
because of what the hands of men have earned, that
(God) may make them taste a part of that which they
have done, in order that they may return." (30:41).
The term fasd, translated as mischief (corruption), is a very

comprehensive word. It denotes all kinds of evil and immoral
acts.9 The Sharah aims at protecting the environment, and
while the individual is asked to help in this respect, the ultimate
responsibility lies in the hands of the state. When Ab Ms
was sent to al-Barah as the new governor, he addressed the
people saying: I was sent to you by Umar Ibn al-Khab in
order to teach you the Book of your Lord [i.e. the Qurn], the
Sunnah [of your Prophet], and to clean your streets.10 The
function of the governor who represents the authority, in the
narration about Ab Ms, includes keeping the environment
clean. This position should be highlighted, because it challenges
the authority to deliver sound policies regarding the
environment and to implement them.
Islamic Worldview of the Environment

There are many environmental worldviews available in the
literature. The two dominant ones are the planetary management
worldview and environmental wisdom worldview.11 The basic
9
See Izutsu, Ethico-Religious Concepts in the Quran, p. 246.
10
Narrated by al-Darim, adth: 560.
11
Muhammad Muinul Islam, Towards a Green Earth: An Islamic
perspective, Asian Affairs, Vol. 26, No. 4, October-December, 2004, p. 45.
138
environmental beliefs of planetary management worldview are

that human beings are the planets most important species, and
they are a part of it and in charge of the rest of nature. This
worldview also believes that the earth has an unlimited supply of
resources for use by humans through science and technology.
Besides, the success of humans depends on how well they can
understand, control, and manage the earths life-support systems
for their benefit.
On the other hand, the views of the environmental wisdom
worldview are in sharp contrast to those of the planetary
management worldview. It believes that human beings are part of
nature, and nature does not exist just for them. It emphasizes that
the earths resources are limited, should not be wasted, and
should be used efficiently and sustainably for human beings and
other species.12 Interestingly, however, the Islamic worldview of
the environment takes a middle place in between the two
dominant worldviews. Islam combines these two worldviews in a
single melting pot.
The Islamic worldview of the environment is a holistic
one: it assumes a fundamental link and interdependency
between all natural elements and bases its teachings on the
premise that if man abuses or exhausts one element, the natural
world as a whole will suffer direct consequences. This belief is
nowhere formulated in one concise phrase; it is rather an
underlying principle that forms the foundation of the Qurnic
teachings.13
These ideas are embedded in the three central concepts of
Islam: al-Tawd (Unity), khilfah (vicegerency) and amnah
(trust).14 Tawd, the oneness of God, is the cornerstone of the
Islamic faith. It recognizes the fact that there is one absolute
Creator, and that man is responsible to the Creator for all his
actions.
12
For details see, Miller, G. Tyler, Jr. Ibid., p.17.
13
Chatel, Francesca De. 2003. Prophet Mohammad: A Pioneer of the
Environmentalism (available at URL: http://www.islam-online.net).
14
Akbar, Khalid Farooq, Environmental Crisis and Religion: The Islamic
View, Journal of Islamic Thought and Scientific Creativity, Pakistan:
COMSTECH, Vol. 3, No.1, 1992, p. 27.
139
This is mentioned in the Qurn:

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To God belongs all that is in the heavens and in the
earth, for God encompasses everything. (4:126).
Therefore, abusing one of His creations, whether it is a living

thing or a natural resource, is a sin. The concepts of khilfah
(vicegerency) and amnah (trust) emerge from the principle of
al-Tawd. The Qurn explains that mankind holds a privileged
position among Gods creatures on earth: he is chosen as
khalfah, (vicegerent) and carries the responsibility of caring for
Gods earthly creatures. Each individual is given this task and
privilege in the form of Gods trust. Environmental crisis is, in
effect, a failure of the trusteeship; thus, nature becomes an index
of how well a particular society has performed its responsibility
towards God. The Qurn unequivocally states that all of God's
creatures in the universe are subservient to man:
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See you not (O men) that Allah has subjected for you
whatsoever is in the heavens and whatsoever is in the
earth (31:20).
By utilizing them properly and positively, man participates in

Gods continuous process of creation. This participation is
neither by chance nor it is optional, but rather a responsibility
the purpose of ones very life and existence. God has not left man
empty-handed to fulfill his responsibilities in this life. He has
endowed man with reason, physical and intellectual capabilities,
knowledge and resources.
These capabilities and resourcesincluding ones very
own lifeare given to man as a trust (amnah). Hence, man is
not the absolute owner of any one of these entities. Even his own
body and life have been given to him on trust; hence, he is not
allowed to abuse them or harm himself. That is why drug abuse
140
and suicide are forbidden (arm) in Islam. Since human beings

have been endowed with the ability to think, rationalize and
understand, they must strive to cultivate their potentials in order
to qualify as contributors to this process of creation and growth
initiated by God.
Thus, the underlying principle guiding mans life and
relationships with all the other creatures is that everything in the
universe is a trust (amnah) from God to man, a trust which the
heavens, the earth, and the mountains refused to accept because
they were afraid of its heavy burden (33: 72), and as
representative of God on earth, man has been assigned to
establish a peaceful society and civilization.
It is, therefore, clear that the Islamic worldview indicates
that vicegerency on earth constitutes a test, which includes how
human beings should relate to and interact with the
environment. Is it going to be upon divine instructions, or based
upon personal desires and conjectures that may lead to the
destruction of our environment?
Environmental Ethics and Islamic Eco-Theology

Environmental ethics are a set of beliefs, values and behaviours,
which help preserve the ecological integrity of the earth. The
values of ethics are passed from generation to generation
through a variety of channels, including formal, informal and
other modes of education and learning.15
Environmental ethics impose certain limitations on human
conduct with regard to nature. The limitations often take the
form of principles, compliance to which is compulsory. Some
of these limitations are encoded into laws whose compliance is
15
In 1967, the historian Lynn White Jr. presented a controversial thesis
addressing the roots of the ecological crisis: these roots, according to him,
were simply to be found in the beliefs of Judo-Christian religions. Man, in
the Biblical tradition, White argues, is above nature. He is a special creation
of God and has been commanded to have dominion over nature: (to replenish
the earth and subdue it and have dominion over the fish of the seas and over
the fowl of the air and over every living thing that moves upon the earth.)
For details see, White, Lynn Jr., The Historical Roots of Our Ecological
Crisis, Science 10 March, 1967, Vol. 155, No. 3767.
141
obligatory and whose violation incurs punishment.16 In the

environmental debate, it has often been argued that what is
really needed to solve the present ecological crisis is
environmental ethics. Such eco-ethics would provide guidelines
towards right and wrong actions and attitudes towards
nature. In general, most eco-ethics presented are extensions of
social ethics, i.e. ethics that also include nature and the
organisms inhabiting it as moral objects. These ethics aim at
giving nature some intrinsic value, independent of human
utility and appreciation.
One of the important aspects in the Islamic eco-ethics is
the view of the primordial nature of man (firah). Firah is
considered to be the natural state of man in harmony with
nature. The argument that people must return to another way
of living with an understanding of the interconnectedness of
everything in nature, has been proposed by environmentalists.
Firah is an idea compatible with this argument. Referring to
the behaviour of modern man with nature, Fazlun M. Khalid,
Founder Director of the Islamic Foundation for Ecology and
Environmental Sciences, Birmingham, UK comments:
this Islamic mode of expression is severely
attenuated, having been swept aside by the forces of
history, like the other older traditions, into a domain
which treats the natural world exclusively as an
exploitable resource. As what we now understand by
modernity advanced, as the secular ethic progressively
seeped into the Muslim psyche and as industrial
development, economic indicators and consumerism
became the governing parameters of society, there has
been a corresponding erosion of the Muslim perception
of the holistic and a withering of its understanding of the
sacred nexus between the human community and the rest
of the natural order.17
16
Misra, R. P., Environmental Ethics and Jurisdiction Relation- ships and
Interdependence, The Indian Journal of Public Administration. July-
September, 1996, Vol. XLI, No. 3, p. 557.
17
Khalid, Fazlun M., Islam and Environment, in Social and Economic
Dimensions of Global Environmental Change, edited by Mr. Peter=
142
Earth: Our Habitat:

The Qurn makes it clear that the earth is our habitat and that
we are required to dwell on it and establish a balanced way of
life without excesses or deficiencies. The Arabic term imr
(inhabitation) is very comprehensive and means spreading and
settling all over the earth, inhabiting every livable quarter,
building and others. In short, it includes every positive activity
that would make life on earth prosperous. If an activity diverts
humanity from the divine law (Sharah), then it cannot be
considered as imr. 18 The Qurn shows that any attempt to
achieve imar and prosperity other than through divine
revelation and guidance will certainly lead to destruction:

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Do they not travel through the earth; and see what was
the end of those before them? In strength they tilled the
soil and populated it in greater numbers than these have
done: there came to them their apostles with clear signs,
(which they rejected, to their own destruction): it was not
God who wronged them, but they wronged their own
souls. (30: 9).
The imr of the earth should be in areas and projects that could
benefit humanity and not harm it. This means that projects and
activities that destroy the environment are excluded. The
environment is perceived as the place where signs that prove the
existence of God, such as rivers, plants, birds, and countless
other creatures, abound. As such, the destruction of the habitat
of any species means the extinction of a 'sign' that not only
leads people to remember God, but to participate in praising
=Timmerman, Encyclopedia of Global Environmental Change,

(Chishester: John Wiley & Sons Ltd., Vol. 5, 2002), pp. 332-339.
18
Abu Sway, Mustafa, 2002, Toward an Islamic Jurisprudence of the
Environment available at URL: <http://www.islam-online.net>.
143
God. With just a little imagination, one can see the universe in a
constant circle of dhikr (remembrance of God). Excluded, of
course, are those whose hearts are not sensitive enough to see
the need to join the rest of the universe.
The Islamic Way of Protecting the Environment

First and foremost, Islam calls for the protection of the human
being, an integral and inseparable part of the ecological system.
The Sharah specifically calls for the protection of five things
pertaining to humans: life, religion, offspring, intellect, and
property. Islam has emphasized the sanctity of human life in the
strongest possible terms:

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On that account: We ordained for the Children of Israel
that if any person slew a person--unless it be for murder
or for spreading mischief in the land--it would be as if he
slew the whole people. And if anyone saved a life, it
would be as if he saved the life of the whole people
(5:35).
The rulings of the Sharah aim at preserving the life of human

beings. Thus, committing suicide is prohibited:
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And do not kill yourselves (nor kill one another).
Surely, Allah is most Merciful to you. (4: 29).
There is a broadly stated principle in the Qurn, which

prohibits all harm:
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And make not your own hands contribute to (your
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do good. (2:195).
144
Even during war, the essential limits that should not be

transgressed are best expressed by Ab Bakr, the first Caliph, in
his address to Yazd Ibn Ab Sufyn, the commander of the
army that went north to Sham [i.e. Greater Syria]: And I
instruct you [to fulfill the following] ten [orders]: Do not kill a
woman, or a child, or an old man; do not cut down fruitful trees;
do not destroy [land or housing] in use; do not kill a goat or a
camel unless for food; do not flood palm trees [with water] nor
burn them down 19
Thus, the Islamic stand regarding environmental
protection is that the life of those who do not engage themselves
directly in war should be spared. Protection is also extended to
animals and plants; they should not be used as part of collective
punishment. The fact that Muslims are subjected to different
forms of attacks that range from ethnic cleansing to
discrimination in the work place should not be used by them as
a pretext to behave in the same way as their enemies:
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O you who believe! Stand out firmly for Allah as just
witnesses; and let not the enmity and hatred of others
make you avoid justice. Be just: that is nearer to piety; and
fear Allah. Verily, Allah is well-acquainted with what you
do. (5:8).
Islam has also enjoined upon Muslims to treat animals well.

They are not allowed to kill animals except for food. The latter
permission has to be carried out in accordance with the
Sharah. To slaughter an animal, one has to use a sharp object
that will spare the animal the pain resulting from the use of a
blunt object.
The protection of animals in Islam also extends to
hunting. While hunting is permitted in principle, it may become
19
Mlik Ibn Anas, al-Muwaa (Narrated by Mlik from the report of Yay
Ibn Said in the chapter on Jihd 918)
145
prohibited depending on the conditions surrounding it. Ibn

Taymiyyah, the Hanbalite medieval scholar, said, hunting out
of necessity is permitted; if it is for fun and playing, it is
detested; and if it causes injustice to people, by destroying their
fields and property, it is prohibited.20
The following story shows that the Prophet (p.b.u.h.) did
not tolerate any hunting which was not out of necessity.
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Abdullah related his father as saying: We were
traveling with the Prophet (p.b.u.h.) when he left [us for
a while]; we saw a bird with its two chicks and we took
the chicks. [Their mother] started spreading its wings [in
protest]. When the Prophet (p.b.u.h.) came [and saw
what happened] he said: Who caused her to become
bereaved [by taking away] her two children? Return her
two children to her!21
One can appreciate the position of the Prophet (peace be upon

him) much more when one realizes the choice of words used in
the adth. Instead of chicks [farkhayh], he used children
[waladayh], which reflects a very humane perspective.
Moreover, one should not take lightly the issue of killing,
without any justification, even if the victim is a very small
animal or bird. Abdullah Ibn Amr reported that the Prophet
(p.b.u.h.) said:
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Ibn Taymiyyah, al-Fatw, vol. 4, p. 619.
21
Narrated by Ab Dwd in the Chapter on Jihd; 2675
146
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The Prophet (p.b.u.h.) said: No human being kills a
sparrow or [something] larger, without right, except that
God will ask him about it (hold him responsible!) on the
Day of Judgment It was said: O Prophet of God! What
is its right? He said: Its right is that you slaughter it
22
and eat it, not that you decapitate it and throw it!
Any unjustified killing of an animal, direct or indirect, is

prohibited. There is a great punishment awaiting those who do
so. Ibn Umar reported that the Prophet (p.b.u.h.) said:
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The Prophet (p.b.u.h.) said: A woman who tied a cat
entered Hellfire; she neither fed it, nor allowed it to find
on its own. (adth, al-Bukhr)
It is also prohibited to set animals against one another. This practice

is associated nowadays with gambling. Ibn Abbs reported a
adth in which the Prophet (p.b.u.h.) prohibits this practice.
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The Apostle of Allah (p.b.u.h.) prohibited to provoke
the beasts for fighting. (adth, Sunan Ab Dwd)
Islam also prohibits the cutting or destruction of trees and

plants, and encourages people to protect and increase plants for
the great reward associated with. The speech of Abu Bakr, that
22
Narrated by al-Nas', 7/207; and by al-kim who stated that it has a
sound chain of narrators. His statement was approved by al-Mundhir and
al-Dhahab.
147
was mentioned earlier, included the prohibition to destroy trees

as an act of vengeance or collective punishment. If this is the
status of plants in the Islamic worldview during war, it must be
that they enjoy a better position during the peaceful times.
According to a adth:
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The Prophet (p.b.u.h.) said: He who cuts a lot-tree
[without justification], God will send him to Hellfire.
(adth, Sunan Ab Dwd)
The lot-tree grows in the desert and it is very much needed in an

area, which has scarce vegetation. Al-Qarw interprets this
adth in terms of protecting the natural resources and
preserving the balance that exists between the creatures in the
environment.23
Islam encourages people to plant trees and all useful
plants. Indeed, similar to all acts performed in line with the
Islamic worldview, this act of planting and growing trees and
plants also, when done intentionally for the sake of God, is
considered and rewarded as an act of worship. Jabir reported
that the Prophet (p.b.u.h.) said:
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No Muslim, who plants a shoot, except that whatever is
eaten or stolen from it, or anyone obtains the least thing
from it, is considered almsgiving on his behalf until the
Day of Judgment. (adth, al-Bukhr)
Protecting the environment from pollution is also indicated in

many adth. One adth states, among other things, that God
likes goodness, cleanliness, and generosity. The adth ends
with a request by the Prophet (p.b.u.h.) asking Muslims to clean
their courtyards.24
23
Al-Qarw, op. cit., pp. 143-144.
24
Narrated by al-Tirmidh, adth: 2799.
148
The message that this adth sends is that cleanliness is

something good and desirable, and reflects an act of generosity
towards the environment. Indeed, if cleanliness is something
good, then it should be reflected everywhere. Islam has created
a close association between faith and cleanliness, rendering the
latter as a part of creed. The Prophet (p.b.u.h.) said:
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Faith is some seventy branches, or some sixteen
branches, the highest of which is There is no god but
Allah, and the least of which is removing obstacles from
the path of people, and shyness (ay) also is a branch
of faith. (adth, Muslim)
It is obvious that clearing the path means, in this context, the

removal of harmful objects and waste that constitute a kind of
pollution. Ab Hurayrah reported that the Prophet (p.b.u.h.)
said:

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Beware of the two [acts that bring] curse: relieving
oneself in the path of people, or in the shade [i.e. where
the people usually rest]. (adth, Sunan Ab Dwd)
The same ideas are reiterated in another adth which, in

addition to the above two prohibitions, mentions the prohibition
of relieving oneself in water sources (e.g. ponds, rivers and
others).25 The prohibition in these two prophetic traditions is
intended to prevent pollution.
Water is the most common substance on earth, covering
more than 70% of the planets surface. In the earths wheel of
life, it provides the balance. It plays a critical role in
25
Narrated by Ab Dwd, Ibn Mjah, al-akam and al-Bayhaq.
149
maintaining life-support systems, in moderating its climate, and

in sustaining animals and plants, including minute, oxygen-
producing phyto-planktons. Through oceans, it provides
protein, transportation, energy, employment, recreation, and
other economic, social, and cultural activities.26 The Qurn
vividly says:
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Your sustainer is He who causes ships to move onward
for you through the sea, so that you might go about in
quest of some of His bounty: verily, a dispenser of grace
is He unto you. (17:66).
All living things consist mostly of water; for example, the

human body is about two-thirds water.27 Islam ascribes the most
sacred qualities to water as a life-giving, sustaining, and
purifying resource. The holy Qurn ascertains this truth in the
following verse:
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And He it is who has caused waters to come down from
the sky; and by this means have We brought forth all
living growth, and out of this do We bring forth close-
growing grain (6:99).
Water is, in fact, the origin of all life on earth, the substance
from which Allah (s.w.t.) created man. The Qurn emphasizes
the role of water:
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26
World Commission on Environment and Development, Our Common
Future, (New York: Oxford University Press, 1987), p. 262.
27
The Macmillan Family Encyclopedia, (London: Macmillan London Ltd.,
1983), p. 47.
150
Commenting on this verse, Mohammad Asad wrote: The

statement that God made out of water every living thing
expresses most concisely a truth that is nowadays universally
accepted by science.28
The Qurn is filled with verses, which speaks of the life-
giving properties of water. The water of rain, rivers, and
fountains runs through the pages of the Qurn to symbolize
Gods benevolence:
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Are you not aware that it is God who sends down water
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Verily, God is unfathomable [in His wisdom] all-aware.
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And He it is who sends forth the winds as a glad tiding
of His coming grace; and [thus, too,] We cause pure
water to descend from the skies. (25:48)
But, this great bounty of Allah (s.w.t.) is now in severe peril.

According to scientific studies, chronic water shortages could
affect 2.8 billion people by 2025.29 Despite these water
shortages, humans are ironically unaware of wasting this
resource. Mohamed al-Ashry of the World Resources Institute
estimates that 65-70% of the water people use throughout the
world is lost through evaporation, leaks, and other losses.30
Islam emphasizes the issue of water preservation quite
28
This is substantiated by a number of environmental scientists. For
example, please refer to the book, Miller, G Tyler, Jr., Living in the
Environment Principles, Connections and Solutions, (USA: Brooks/
Cole Wadsworth Thomson Learning, 12th ed., 2002), p. 295.
29
Miller, G. Tyler, Jr., Living in the Environment Principles, Connections
and Solutions, (USA: Brooks/Cole Wadsworth Thomson Learning, 12th
ed. 2002), p. 277.
30
Ibid., p. 310.
151
emphatically. The Prophet (p.b.u.h.) urged moderation and

thriftiness in the use of water during ablution.
Islam considers air as the sign (ayah) of Allah (s.w.t.).
The Qurn says:

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Among His signs is this, that He sends the winds as
heralds of glad tidings, giving you a taste of His Grace
and Mercy, that the ships may sail majestically by His
command and that you (men) may seek of His Bounty in
order that you may be grateful. (30:46)
The wind cools down and purifies the atmosphere, and brings
the blessings of rains, which fertilize the soil. The wind plays an
important role in sucking up the moisture from terrestrial water,
carrying it about in dark clouds as needed, and breaking it up
into rain as needed. The Qurn speaks about this in the
following verse:

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It is Allah, Who sends the winds to raise the clouds,
then He spreads them in the sky and breaks them into
fragments as He pleases, then you see raindrops falling
from their midst. (30:48).
As a general principle, Islam prohibits people from doing

whatever is harmful and detrimental to health. In other words,
anything that pollutes the air and is detrimental to the health
should be prohibited because, it includes indirect harm. Harmful
fumes that cannot be prohibited all together, should be reduced
and alternatives should be made popular. The level of carbon
monoxide would certainly be reduced if solar cars become
popular!
152
Being the trustees of nature, it is mans sacred duty to

conserve nature and protect the environment from degradation
of any kind. Allah has created everything and nothing is created
in vain. This is mentioned in the Qurn:
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We have not created the heaven and the earth and all
that lies between then in vain. (38:27).
The protection of Allahs creation is the duty of all Muslims and

Allah (s.w.t.) awards those who take care of the environment.
Therefore, true environmental consciousness is born when love,
respect and care for the environment are adopted and become an
intrinsic part of our mantel and physical make-up.
In his letter of recommendation, the First Caliph, Ab
Bakr ordered the Muslims warriors: Do not cut down a tree, do
not abuse a river, do not harm animals, and always be kind and
humane to Allahs creation, even to your enemies.31
Islam permits the utilization of the natural environment,
but this utilization should not involve unnecessary destruction.
Protecting the environment from detriments of all kinds and
preserving the nature is the philosophy of Islamic
environmentalism. Being the trustees of the nature, is mans
duty to take care of the environmental and ensure its
sustainability.
In addition to caring for the environment, Islam also
cautions against wastefulness. Squandering particularly is
condemned by Allah (s.w.t.):
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of worship, and eat and drink [freely], but do not waste:
verily, He does not love the wasteful! (7:31).
31
Ibid., p. 310.
153
Wastefulness is deprecated in many other Qurnic verses

including the following verse:
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And do not waste [Gods bounties]: verily, He does not
love the wasteful! (6:141).
The significance of the issue becomes more heightened when

the Qurn declares wasteful people as being friends of Satan:
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Behold, the squanderers are, indeed, of the ilk of the
satans in as much as Satan has indeed proved most
ungrateful to his Sustainer. (17:27).
Nature Manifests the Signs of Allah (s.w.t.)

According to Islam, Nature is the creation of Allah that bears
clear manifestations of the yt or signs of Allah (s.w.t.). Nature
plays a cognitive role in Islam as the word Ayah means both a
natural phenomenon and a verse in the Qurn, i.e. the word of
Allah (s.w.t.) is a natural sign, and the natural sign a word from
God. Man is encouraged to use his senses to discover the signs
from God in nature, which is exemplified in the following
verse:

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And Allah sends down rain from the skies, and gives
therewith life to the earth after its death: Verily in this is
a Sign (ayah) for those who listen. And verily cattle too
will ye find an instructive Sign. From what is within their
bodies, between excretions and blood, We produce, for
your drink, milk, pure and agreeable to those who drink
it. And from the fruit of the date palm and the vine, ye
get out wholesome drink and food: behold, in this also a
Sign for those who are wise. And thy Lord taught the bee
to build its cells in hills, on trees, and in mens
habitations; Then to eat of all the produce of the earth,
and find with skill the spacious paths of its Lord; there
issues from within their bodies a drink of varying
colours, wherein is healing for men. Verily in this is a
Sign for those who give thought. (16:65-69).
The Environment and the Objectives of Sharah:

Looking at the original five objectives of the Sharah, it can
well be argued that protection of the environment is a major
aim, for if the condition of the environment keeps deteriorating,
there will ultimately be no life, no property and no religion. The
destruction of the environment prevents human beings from
fulfilling the duties as vicegerents on earth. Indeed, the very
existence of mankind is at stake here. Excessive pollution might
lead to sterility, deformities, abortion and chronic diseases. As
far as protecting the mind or reason, the highly polluted
industrial cities may not see the sun for many days, which may
result in deep depressions affecting a person's ability to think
and reason properly. Certain radiation might also destroy the
brain. Attempts to protect properties may also be futile in the
context of a highly polluted environment. There are already
many rivers and lakes that are considered dead with no marine
life. This is a direct result of acid rain, which also destroys
forests. These forests and water sources form the natural habitat
of many species; their death means the possible extinction of
some of the Signs that indicate the existence of Allah (s.w.t.).
To consider the protection of the environment as one of
the major aims of the Sharah will hopefully enable the neo-
model of Islamic civilization a chance to be advanced as an
155
alternative to the already existing Western model, which is the

primary source of pollution. Adopting this position makes it
imperative for Muslim governments to establish laws for the
protection of the environment and implement them.
156
CHAPTER ELEVEN
RIB AND ISLAMIC FINANCING: SOME ISSUES AND
IMPLICATIONS
What is rib? Why does Islam prohibit it? Is bank interest rib?
How can we live without interest? This chapter tries to answer
these and similar questions. Rib has increasingly become a
recurring issue as different interpretations are given to its
meaning and illah (cause or reason). Such interpretations also
give different implications to economic activities in Islam.
Besides providing an exposition of different issues related to
rib, the chapter outlines the concept and functions of Islamic
Banks and their sources and uses of funds. It also briefly
discusses a few basic Islamic financial products such as
murabah, mushrakah, murbaah, bay muajjal, bay
salam, ijrah, and qar asan that are presently being used as
modes of financing in Islamic banking. Islamic Insurance
(Takful), and life insurance from an Islamic perspective are
also dealt with briefly. Finally, the characteristics of different
types of cards issued by institutions and the Sharah rulings
thereon also find a place in our discussion in order to have some
insight into the Islamic position on these contemporary issues.
The Meaning of Rib

Rib is an Arabic word which literally means increase,
addition, expansion or growth, but it has a negative
connotation in that it refers to a type of increase or growth that
Islam has prohibited. As a Sharah term, the most common
type of rib refers to the premium that must be paid by the
borrower to the lender along with the principal amount as a

condition for the loan or for an extension in its maturity.1
In the terminology of the Qurn, it signifies any unlawful
addition, by way of interest, to a sum of money or goods lent by
one person or body of persons to another.2 Rib has also been
defined as every increase, which is without iwa or counter-
value.3
Therefore, rib is earned when a man or institution lends
its capital to another on the condition that after a certain time it
would charge a fixed amount of money in addition to its capital.
This additional amount, which is rib (interest), is a
consideration not of any labor or commodity, but of the time for
which the principal has been borrowed.
While the Qurnic condemnation of the concept and
practice of rib unambiguous and final, every successive
Muslim generation is faced with the challenge of giving new
dimensions and a fresh economic meaning to this term which,
for want of a better word, may be rendered as usury,4 or
interest.
Forms of Rib
There are two types of rib, namely rib al-nasah and rib al-
fal.
1. Rib al-Nasah
Rib al-nasah refers to the time allowed to the borrower to
repay the loan in return for addition. Nasah is related to the
verb nasaa, meaning to postpone, defer or wait. It makes no
difference whether the return is a fixed or a variable percentage
of the principal, an absolute amount to be paid in advance or on
1
Fuad al-Omar & Mohammed Abd el-aq, Islamic Banking: Theory,
Practice & Challenges, (Oxford University Press, Karachi, 1996), p. 8.
2
See Muhammad Asad, Road to Mecca (Islamic Book Trust, Kuala Lumpur,
1996). See also Imran N. Hosein, The Prohibition of Rib in the Qurn
and Sunnah, (Kuala Lumpur: Ummavision Sdn. Bhd., 1997), p. 22.
3
Fuad al-Omar & Mohammed Abdel-Haq, Islamic Banking: Theory,
Practice & Challenges, (Karachi: Oxford University Press, 1996), p. xvi.
4
See Muhammad Asad, The Message of the Qurn, (Gibraltar: Dar al-
Andalus, 1980), Fn. No. 35. (al-Qurn, Srah al-Rm, 30: 39).
158
Rib and Islamic Financing: Some Issues and Implications
maturity, or a gift or service to be received as a condition for the

loan. This leaves no room for arguing that rib refers to usury
and not interest.5
2. Rib al-Fal
Islam seeks to eliminate all kinds of exploitation not only through
interest, but also through any form of dishonest and unjust
exchanges in business transactions. All the various types of
unjust transactions are categorized under rib al-fal. It refers to
the rib encountered in hand-to-hand purchases and sale of
commodities. It covers all spot transactions involving cash
payment on the one hand and immediate delivery of the
commodity on the other. The discussion on rib al-fal arose
from the adth requiring that if gold, silver, wheat, barley, dates
and salt are exchanged against themselves, they should be
exchanged on the spot and be equal and alike. Given the wide use
of gold and silver as commodity money, the general conclusion is
that all commodities used as money are placed in the category of
rib al-fal. With respect to the other four items there is a
difference of opinion.6 The fourth and most recognized opinion is
that all the six commodities were used as money in and around
Madinah, particularly among the Bedouins; therefore, rib al-
fal would be involved in the exchange of any good against cash
or any commodity used as money.
Rib through History

- Rib in the Greek Period
One of the oldest researches on usury is that of the ancient
Greeks. Lending money at interest was condemned by Greek
philosophers.7 According to Aristotle (d. 322 B.C.), the sole
object of the use of money was to facilitate exchange, and the
fuller satisfaction of human wants. It could not be used as the
source of accumulation by way of interest. So accumulating
5
Islamic Banking, pp. 8-9.
6
Ibid., p. 9.
7
Anwar Iqbal Qureshi, Islam and the Theory of Interest, (Lahore: Sh.
Muhammad Ashraf, 1974), p. 6.
159
money at interest was the most unnatural of all the ways of

making money. For Aristotle, a piece of money cannot beget
another piece; the obvious conclusion was that interest was
unjust.8 Plato (d. ca 347 BC) also condemned interest.9
- Rib in the Roman Empire

In its early stages, the Roman Empire prohibited the charging of
any interest, but gradually with the extension of the Empire and
the rise of the trading classes, interest appeared. However,
severe restrictions were imposed on rates of interest, which
were strictly regulated. The Romans were the first nation to
enact laws for the protection of debtors.10
- Rib in the Middle Ages

Payment of interest on money-loans was named usury in the
Middle Ages, and the charging of usury was strictly prohibited
by the common Laws.11 A great scholastic thinker such as
Thomas Aquinas (d. 1274) was of the opinion that to take usury
for money lent is unjust in itself, because the act is equivalent to
selling what does not exist. However, by the end of the 13th
century, several factors appeared which considerably
undermined the influence of the Orthodox Church. Leaders of
the reformist group, including Luther (d. 1546) agreed to the
charging of interest on the plea of human weakness. With the
gradual decline in the power of the church and the rise of the
secular power, the lending out on interest began to be tolerated.
According to Bacon (d. 1626), since of necessity men must
give and take money on loan and since they are so hard of heart
that they will not lend it otherwise, there is nothing for it but
that interest should be permitted.12
8
Aristotle, Politics, Book 1, Chapter X., See also Islam and the Theory of
Interest, p. 6.
9
Plato, Laws, Book V. See also Islam and the Theory of Interest, p. 6.
10
See Islam and the Theory of Interest, p. 6. See also Lewis Henry, History
of Economic Thought, (New York: The Macmillan Company, 1920).
11
Islam and the Theory of Interest, p. 7.
12
Francis Bacon, Discourses on Usury <http://www.authorama.com/essays-
of-francis-bacon-42.html> See also Islam and the Theory of Interest, p. 8.
160
- Rib in the Mercantilist Era (1500-1700 CE)

Once the rule regarding the charging of interest was relaxed, it
no longer remained possible to control the rates of interest. It
was in this period that money began to be used on a large scale
for commercial transactions and exchange began to replace
barter. The entire policy of states was directed towards the
accumulation of money, gold and silver. Money began to be
identified with capital. Money to the mercantilists became a
factor of production on the same footing as land. Interest on
capital was regarded as the payment for the renting of money,
similar to the rent of land.13
Prohibition of Rib in Earlier Scriptures

It is worth noting that, besides the Qurn, earlier scriptures
before Islam had also prohibited usury. The Qurn (4:161)
reminded the Jews that their scriptures had prohibited usury.
This prohibition is still available in the Bible. The following
excerpts may be quoted with advantage:
Thou shalt not lend upon usury to thy brother; usury of
money, usury of victuals, usury of anything that is lent
upon usury. [Deuteronomy 23:19]
He that by usury and unjust gain increaseth his

substance, he shall gather it for him that will pity the
poor. [Proverbs 28:8]
Then I consulted with myself, and I rebuked the nobles,

and rules and said unto them, Ye exact usury, every one
of his brother. And I set a great assembly against them.
[Nehemiah 5:7]
13
E. F. Heckscher, Mercantilism, (New York: the Macmillan Company, Vol.
2, 1956), p. 200. See also Islam and the Theory of Interest, p. 10.
Mercantilism refers to the theory and system of political economy
prevailing in Europe after the decline of feudalism, based on national
policies of accumulating bullion, establishing colonies and a merchant
marine, and developing industry and mining to attain a favourable balance
of trade.
161
And Jesus went into the temple of God and cast out all
those who sold and bought in the temple, and overthrew
the tables of the money-changers (who were ripping-off
the people through rib)and said unto them: It is
written; my house shall be called the house of prayer, but
you have made it a den of thieves. [Gospel of St.
Mathew:-21:12-3]
In these Biblical excerpts, the word usury is used refer to any

amount claimed by the creditor over and above the principal
advanced by him to the debtor. The word rib used in the Qurn
carries the same meaning as drawn from srah al-Nis, which
explicitly mentions that rib was also prohibited for the Jews.
Stages of Prohibition of Rib in the Qurn

The institution of rib had become part and parcel of the economic
system of the people of Arabia in the pre-Islamic daysas is also
as the case today. Allah, the most Wise, revealed His
commandments about the prohibition of rib in stages (like that of
the prohibition of alcohol) so that it might not upset the economic
life of the people and cause unnecessary inconvenience and
hardship to them. The stage-by-stage divine method of dealing
with rib in the Qurn consists of three distinct stages:
Stage One: Education concerning the evils of rib, but with no
legislation prohibiting rib; the language used was mild, and its
basic purpose was to teach.14
Stage Two: Legislation prohibiting rib, while yet refraining

from retro-active enforcement of the legislation; the process of
education continued; the believers were expected to be able to
recognize the evils of rib.15
Stage Three: Retro-active enforcement of the legislation

prohibiting rib through sanctions for waging war to eradicate
rib and debt relief.16
14
Imran N. Hosein, The Prohibition of Rib, pp. 41-42.
15
Ibid.
16
Ibid.
162
Injunctions on Rib in the Qurn

The first injunction of the Qurn stresses that rib does not
increase individual or national wealth, but quite the opposite, it
decreases wealth.

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That which you give in usury in order that it may
increase in other peoples property has no increase with
Allah; but that which you give in charity, seeking Allahs
countenance, has increased manifold. (30:39)
In the second injunction, the Muslims were reminded to obey

Allahs command regarding interest or suffer the same fate as
the Jews who were forbidden in their scripture to take interest
but they continued to do so.
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That they took usury, though they were forbidden; and
they devoured peoples wealth wrongfully; we have
prepared for those among them who reject faith a
grievous punishment. (4:161)
In the third injunction, the Muslims were told not to take

compound interest if they wish to gain real success in life. Allah
(s.w.t.) says:
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multiplied; but fear Allah; that ye may (really) prosper
(3:130).
The fourth injunction distinguishes between trade and rib

(interest) and points out that legitimate trade or industry
163
increases the prosperity and stability of men and nations; a

dependence on usury would merely encourage a race of idlers,
cruel blood-suckers, and worthless fellows who do not know
their own good and therefore, are like those who are driven to
madness.17 Then it admonishes the believers to refrain from
interest or else they shall suffer evil consequences both in this
world and in the Hereafter.
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Those who devour usury will not stand except as stands
one whom the Satan by his touch hath driven to madness.
That is because they say: Trade is like usury; but Allah
hath permitted trade and forbidden usury. Those who
after receiving admonition from their Lord desist, shall
be pardoned for the past; their case is for Allah (to
judge); but those who repeat (the offence) are
companions of the fire; they will abide therein forever.
Allah will deprive usury of all blessing, but will increase
for deeds of charity, for He loves not any ungrateful
sinner. (2:275-276)
The final injunction prohibited interest and declared it

unlawful in a Muslim society.
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See footnote 325 of The Holy Qurn, English translation of the meanings
and commentary, (The Presidency of Islamic Researches, IFTA, Call and
Guidance, King Fahd Holy Qurn Printing Complex, n.d.), p. 126.
164
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O you who believe! Fear Allah, and give up what
remains of your demand for usury; if you are indeed
believers. If you do it not, take notice of war from Allah
and His messenger; but if you repent you shall have your
capital sums; deal not unjustly, and you shall not be dealt
with unjustly. If the debtor is in difficulty, grant him time
till it is easy for him to repay. But if you remit it by way
of charity, that is best for you if you only knew.
(2:278-280)
Prohibition of Rib in the adth

There are several prophetic traditions that reaffirm the
prohibition of interest. The example below is just one of them:

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Abdullah Ibn Masd reported that the Messenger of
Allah (p.b.u.h.) cursed the one who accepted usury, the
one who paid it, the witness to it, and the one who
recorded it. (adth, Ab Dwd)
Thus, the adth covers nearly all the parties involved in the
rib transactionthe lender, borrower, the party drafting the
contract (lawyers, agents, etc.) and all those who are witnesses
to the deal.
Rationale for the Prohibition of Rib

What is the reason behind the prohibition of rib? Even though
we do not get the reason in the form of a direct statement, a
number of reasons can be inferred from the texts read in their
context.
165
Mohammad Nejatullah Siddiqi singles out five such reasons:18
1- Rib corrupts society.

2- Rib implies improper appropriation of other peoples
property.
3- Ribs ultimate effect is negative growth.
4- Rib demeans and diminishes human personality.
5- Rib is unjust.
The first reason reveals itself in srah al-Rm, which establishes

a cause - and - effect relationship between rib and corruption
(fasd). Fasd is a comprehensive term, which stands for all of
the following: rottenness, corruption, decay, decomposition,
putrefaction, depravity, wickedness, viciousness, inequity,
immorality, weakness, wrongness, and incorrectness.19 We noted
earlier that rib was introduced by name in the Qurn for the
first time in verse 39 of srah al-Rm. Immediately thereafter, in
verse 41, Allah revealed the following warning:
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Corruption has appeared on land and sea because of that
which the hands of men have earned; that Allah may give
them a taste of (the consequence of) some of their deeds,
in order that they may turn away from evil (30:41).
The implication of this verse is clear. It warns of the consequences

of rib. Within the framework of the general message that fasd
(corruption) in society results from peoples own wrong behaviors,
we can clearly read the underlying message that charging interest
is one of those wrong behaviors that corrupt the society. Siddiqi
aptly points out that the concept of fasd includes among others
the destruction of crops and people (2: 205), severing the ties of
kinship (47: 22), dividing people into classes and discriminating
between them (28:4), shedding blood (2:30), giving people less
18
Mohammad Nejatullah Siddiqi, Riba, Bank Interest and the Rationale of its
Prohibition, (Jeddah: Islamic Research and Training Institute, 2004), p. 41.
19
Imran N. Hosein, The Prohibition of Rib, p. 60.
166
than full measure and wronging them in their goods (11:85;

26:183), arrogance borne of erroneous wealth (280:77), and sexual
perversion (29:28-30).20
The second reason, rib amounting to unlawful
appropriation of other peoples property is indicated in the verse
from chapter four, srah al-Nis quoted above. There lies a
hint as to a generic connection between rib and akl bi al-bil.
The Qurn relates the tendency to appropriate other peoples
wealth without any justification to other serious crimes. In
(9:34), it is associated with hoarding and (4:29) puts it at par
with murder.21
The third reason is implied in the declaration that rib is
subject to destruction (maq) which means decrease after
decrease, a continuous process of diminishing. Rib, even when
it is increasing in numerical terms, fails to spur growth in social
wealth. That role is played by charitable giving which transfers
purchasing power to the poor and the needy who spend it.
Further, maq or the implied decrease in social wealth may not
necessarily refer to national income in dollars. It could very
well be referring to some real measure of human felicity.22
The fourth reason behind the prohibition of rib is
inferred from verse 2:275 quoted above. This verse describes
those who devour usury as well as states the reason why they
got into that pitiful situation. That reason is their being trapped
into a false economics that equates trade with the practice of
charging interest.23
The last, but not the least important, reason of prohibiting
rib is its being unjust, as the verse 2:279 implies. It clearly
states that taking an amount in excess of the principal would be
unfair and unjust. It also recognizes the right of the lender /
creditor to the principal without any decrease as that too would
be unfair and unjust. The Qurn does not argue further as to
why it is unfair to take an excess in case of loan. Presumably it
20
Siddiqi, Riba, Bank Interest and the Rationale of its Prohibition, p. 42.
21
Ibid., p. 43.
22
Ibid.
23
Ibid., pp. 43-44.
167
relies on the notions of equality and reciprocity inherent in the

concept of justice.24
In conclusion, it is clear from the Sharah that rib is
arm (unlawful; prohibited). The reason and wisdom behind
this prohibition is also very clear since it results in exploitation
of one party by the other. Thus, the main reason or illah is not
the use of fund or how much money it involves; it is injustice.
Injustice occurs since debtor faces risk and pressure while
creditor gets return for doing nothing. Therefore, in order to
maintain ones taqw (piety; God-consciousness) and mn
(faith), one should avoid participating in any form of injustice.
This kind of system results in depriving the poor of their share
in the wealth of society. It would stop people from working
since such system results in the rich getting richer and the poor
getting poorer. It would therefore result in unhealthy relations
and unrest in the society. And a system without rib also
enables suspicion or doubt in transactions to be eliminated.
Difficulty in understanding the prohibition arises from a
lack of appreciation of its place in the whole context of Islamic
values, and particularly Islams uncompromising emphasis on
socio-economic justice. Any attempt to treat the prohibition of
rib as an isolated religious injunction and not as an integral
part of the Islamic economic order with its overall ethos, goals
and values is bound to create confusion.25
Selected Issues on Rib

There are a number of issues that have led to the discourse on
the details of rib, what it encompasses, and what it meant at
the time of jhilliyah. These are discussed below.
The Qurn does not specify what Rib is but its usage in
the Qurn suggests that it is referring to a particular practice
during the Prophets time. The Prophet (p.b.u.h.) was quoted as
saying at the time of the conquest of Makkah: Beware, rib of
jhiliyyah has been abolished. As mentioned in al-Baqarah:
275-280, the Qurn makes a clear distinction between bay
24
Ibid., p. 45.
25
168
(trade) and rib. Trade has been a morally accepted activity in

the human societies since the earliest times. It covers sales on
credit as well as sale for cash price. It also covers sale of a
commodity to be delivered in future against price to be paid in
cash, on the spot. The margin between the price the traders pay
and the price they charge is called profit. Sometimes the
difference between the sale price and the purchase price is
negative. In that case it is called loss.
It is on this universal and undisputed acceptability of trade
and profits on which some tried to hang their claim as to the
legitimacy of rib. That rib is an excess was not under dispute.
What was rejected was the assertion that trade profits too were
an excess like rib was. This claim ignores the possibility and
occurrence of losses that exist in trade. In other words, it
ignores the uncertainty faced by the trader. That implies that
even the recovery of the capital invested in trade is not assured.
A rib contract, on the other hand, ensures the recovery of
capital and seeks a positive return. It also ignores the fact that
profits are not predetermined as regards the size, unlike interest
whose size is part of the contract.26
Thus, it suggests that both were considered similar at the
time and it was necessary to make a distinction between the
two. Trade is different from rib since although both involve
profit motive, but the difference is rib results in an increase in
price due to the time involved in paying or repaying the loan
while trade involves increase, which is due to the transaction
itself. Another difference is rib is predetermined positive gain,
while the ultimate outcome of business may be positive or
negative.
During the pre-Islamic time, lenders used to lend money
and sellers used to sell items on credit. When the first time
period was up, the lender or credit seller would ask for payment.
If the buyer or borrower could not pay, the lender or credit
seller would say, will you repay or will you increase (in
extreme cases, the increase would double and redouble from the
original price/loan/amount). An issue that arose was whether the
26
Ibid., p. 46.
169
initial credit or loan was free of charge or was there already a

charge, i.e. excess? Also, if there was a charge, was this charge
fixed or was it some percentage of the amount. In order to
answer these questions, we have to consider the Meccan society
of that time. It was a commercial society; the Madinan Jewish
community was conducting business for a long period there,
and thus it is very probable that there was an initial increase at
the beginning of the deal. Also reports from Ibn Abbs and
Sad ibn Jubayr confirmed that an initial increase existed in
loans and credit sales of the time. Secondly, the question of
whether the amount was fixed or some percentage of the loan is
not of concern, since as already explained, the Prophet (p.b.u.h.)
condemned even a small gift or service in exchange for a
business transaction.
Rib jhiliyyah refers to the operation in which debt is
used to multiply wealth, therefore as mentioned in the Qurn
doubling or redoubling refers to all kinds of increase in all
kinds of transactions which increased the principle amount in
any amount.
The third issue that needs consideration is that whether
rib is meant only for consumption loans (for buying food and
other consumables), while business loans are meant to earn
profit in which condition it is all right to charge rib. Few
people have argued that rib is prohibited on only consumption
loans since it is exploitation and unjust because people take
loans for fulfilling consumption needs. This argument does not
stand because of several reasons. First, pre-Islamic Arabia was
mainly a commercial community; therefore taking loans for
business was very common. Second, the Qurn in verse al-
Baqarah: 275, distinguishes between trade and rib, implying
that rib was a practice the Arabs were accustomed to in the
trade they conducted. The Sunnah also affirms that loans for
commercial purposes existed in the early pre-Islamic days. This
is drawn from the Prophets abolishing rib and announcing the
remission of interest accumulated in favor of his uncle al-
Abbs ibn al-Mualib during his farewell pilgrimage. This was
in reference to the interest on a business loan given to Ban
Thaqf tribe by al-Abbs for their business.
170
Some people try to justify that bank interest is not rib.

Some of their arguments are:
a. A bank loan is similar to murabah, where the creditor
(Bank) advances loan to the investor (murib) and
receives interest as profit-sharing. This view has, however,
failed to establish the relationship between loss and bank
interest as compared to murabah, where the creditor and
the investor share the profit as well as the loss. In interest-
based transactions, the so-called profit (interest) is
guaranteed and the issue of loss does not arise.
b. Bank interests should be allowed based on malaah
(welfare) as outlined in Maqid al-Sharah (the
objectives of Sharah). Again, the proponents have failed
to establish how an exploitative institution can be a
malaah. Rather the prevention of evils such as bank
interest is considered a malaah.
Islamic Banks and Rib

A key element in understanding the theoretical framework of
Islamic banking is to understand how Islamic banks can operate
without paying or receiving interests (rib). The Islamic bank
should operate on the basis of profit. Islamic banks can earn
profits in three stages: trading, leasing, and by direct financing
in Profit and Loss (PLS) contracts.27 The banks are free to
devise instruments to earn profit in any of these ways provided
that the structure and conditions of the transactions are in
conformity with the Sharah and fulfill its desired objectives.
Such a principle implies that Islamic banks can extend loans
only if interest or return is not earned on them.28
Consumption activities could be financed only, if at all,
through cost plus the principal, as there is no profit to be earned
or shared. As commercial institutions, the banks will advance
27
See F. Khan, The Viability and Economics of Islamic Banking, Paper
presented at the Seminar on Islamic Banking at Loughborough University,
organized jointly by the Loughborough University Banking Centre, UK,
the International Association for Islamic Economics and the Islamic
Foundation, Leicester, 1988.
28
Islamic Banking, p. 9.
171
money for commercially productive activities on the basis of

profit-sharing principles. Even if they set aside some funds for
consumption loans, the Islamic banks will be ignoring the needs
of quite a large class of people for such loans. Clearly, other
institutions will have to be developed to meet this need.29
Theoretically, Islamic banks should provide capital to
dynamic entrepreneurs who have good projects but cannot offer
collateral, hence creating new businesses and contributing to the
communitys economic development.30
The Islamic bank is a mix of commercial and investment
bank. Due to the nature of their investment operations, Islamic
banks have to devote substantial resources to develop viable
projects. Due to the nature of their investments and their
contractual relationship with potential users, they have to devote
substantial resources to credit evaluation and appraisal of
projects for investment. As well as being compatible with
Islamic norms, the banking operations adopted must be viable
because the system should be such so as to protect the depositor
and give him an adequate rate of return.31 Four principles are of
particular importance for Islamic banking:32
1. There must be some risk, whether funds are used in a
commercial or productive venture.
2. All funds should preferably finance socially productive
activities.
3. Financial risks must lie solely with the lenders of the
capital and not with the manager or agents who work with
the capital.
4. Interest is forbidden if it is a predetermined, fixed sum
owed to the lender irrespective of the outcome of the
business venture in which the fund is used.
29
Ibid.
30
See V. Neinhaus, The Performance of Islamic Banks: Trends and Cases in
Islamic Law and Finance, C. Mallat (ed.), Graham and Trotman, 1988.
31
32
See A. Mirakhor, The Progress of Islamic Banking: The Case of Iran and
Pakistan in Islamic Law and Finance, C. Mallat (ed.), Graham and
Trotman, 1988.
172
The general objective of Islamic banks is to develop the

economy within in accordance with Islamic principles.
Functions of Islamic Banks

Islamic banks perform a number of functions, some of which
are normally performed by commercial banks, while others
have been modified by Islamic banks because of the constraints
that they have to operate in accordance with the Sharah.
Some of the functions which are mostly performed by Islamic
banks include the following:33
1. Opening of accounts for individuals and companies and
accepting cash deposits for safe custody and investment
both in local and foreign currencies.
2. Giving credit and loans in conformity with the Sharah.
3. Purchasing and selling gold bullion.
4. Purchasing and selling foreign exchange on the spot rate
only.
5. Issuing letters of credit.
6. Issuing letters of guarantee.
7. Providing short-term financing against collateral in the
form of commercial papers at an agreed commercial yield
without interest.
8. Collecting and processing drafts, cheques, promissory
notes, bills of lading and others on commission.
9. Purchasing and selling shares, certificates of investments,
financial papers and bonds without interest.
10. Establishing and managing special funds for socially
desirable purposes e.g. investment in trade, agriculture,
industry or real estate.
11. Providing finance on the basis of murabah and
mushrakah.
12. Operating specified investment accounts.
13. Managing direct investments by the bank.
14. Leasing machines, equipment, apparatus and tools.
15. Selling and purchasing of real estate.
33
Ausaf Ahmad, Development and Problems of Islamic Banks, (Islamic
Research and Training Institute, Islamic Development Bank, Jeddah,
1989), p. 15.
173
16. Carrying out agency functions by appointing agents and

working as agents for others on a pre-agreed profit basis
(murbaah).
17. Establishing solidarity and security of funds in order to
cover deficits in conformity with Islamic laws of
cooperation.
18. Providing technical, economic, financial, management
and marketing consultancy services for the preparation of
feasibility studies of projects.
19. Financing and establishing different kinds of projects on
behalf of other companies;
20. Mobilizing financial resources from local and
international money markets in accordance with the
Sharah.
Sources of Funds of Islamic Banks

Like commercial banks, Islamic banks also obtain their funds
by operating certain types of deposit accounts as explained
below:
1. Current Accounts
The Islamic banks usually accept deposits from individuals and
companies for safe-custody and for the convenience of
customers. The banks request the permission of customers to
use their money so long as it remains with the banks at the
banks own risk. If any profits are generated by the use of the
money in the current accounts, they belong completely to the
bank. The customers are given the right to withdraw part or all
of their money at any time without notice, and the bank
guarantees to honour all such requests. The banks provide
cheque books and services typically related with the use of
current accounts.
2. Saving Accounts
Although all Islamic banks operate saving accounts, there are
significant differences in their implementation and operation. In
this respect, the position of Bank Islam Malaysia is closest to
174
the theoretical formulation of saving accounts, which defines

the saving deposits in the following way:
The Bank accepts deposits from its customers looking
for safe custody of their funds and a degree of
convenience in their use together with the possibility of
some profits in the form of Saving Accounts on the
principle of al-wadah. The Bank requests permission to
use these funds so long as these funds remain with the
Bank. They can withdraw the balance at any time they so
desire; and the Bank guarantees the refund of such
balances. All the profits generated by the Bank from the
use of such funds belong to the portion of the Bank.
However, in contrast with Current Accounts, the Bank
may at its absolute discretion reward the customers by
returning a portion of the profit generated from the use of
their funds from time to time.34
3. Investment Accounts
The investment account is the Islamic banks counterpart of
fixed deposits. These accounts are meant for those customers
who are looking for investment opportunities. Usually the
period of account is specified by the bank. Generally speaking,
the depositors do not have a right of withdrawal in this type of
account. However, withdrawal may be allowed in the
exceptional circumstances in which case the depositor will have
to forego his share of profit for the withdrawal amount. The
investment accounts are operated on the basis of murabah. In
this case, the bank acts as the entrepreneur (murib) and the
customer as the provider of capital (rabb al-ml). Both parties
agree on the proportion, in which profits are to be shared.35
4. Special Investment Accounts

Islamic banks also accept special deposits for investment either
from individuals or from companies, corporations, or even from
governments. The purpose, terms, conditions and mode of
34
Bank Islam Malaysia Berhad: Organization and Operation, pp. 11-12.
(Mimeo). Quoted in Ausaf Ahmad, Development and Problems of Islamic
Banks, p. 17.
35
Development and Problems of Islamic Banks, p. 18.
175
investment of these deposits may be decided by mutual

consent.36
Uses of Funds by Islamic Banks

Islamic banks differ greatly from regular commercial banks in
their uses of funds. They provide finances on the basis of
financial transactions permitted by the Sharah. These financial
practices include: murabah, mushrakah, murbaah, bay
muajjal, (deferred sale), bay salam, ijrah, lease purchasing
financing and qar asan. These financial operations are
explained below:37
1. Murabah
This is a financing technique in which the owner of the capital
provides funds to the capital-user for some productive activity
on the condition that profits generated will be shared between
them. The loss, if any, incurred in the normal process of the
business and not due to neglect or misconduct on the part of the
capital-user is borne by the capital-owner. The user does not
invest anything in the business except his human capital and
does not claim any wage for conducting the business. The ratio
in which profits are distributed is fixed and predetermined, and
known in advance to both parties. In the event of loss, the
capital-provider loses his capital to the extent of the loss, and
the user of the finance loses all his labor. The willingness to
bear the risk of loss justifies a share in the profit for the finance-
provider. The profit-sharing ration mutually agreed upon
between finance-provider and finance-user is determined by
market forces. The finance-user guarantees to return funds only
on two conditions: if he is negligent in the use of the funds or if
he breaches the conditions of murabah.38
2. Mushrakah
This is a financing technique in which a capital-owner finances
investment in another partys business. Additional finance is
36
Ibid., p. 19.
37
Development and Problems of Islamic Banks, pp. 19-21.
38
176
provided to the party, which already has some funds for

investment. The finance-provider provides the additional funds
on the condition that he shares the profits from the business.
The ratio in which the finance-provider shares the profits of the
business with the party receiving the additional funds is fixed
and predetermined, and made known in advance to all
concerned. The loss, however, will be shared in the exact
proportion of the capital invested by each party. The profit-
sharing ration is subject to the mutual agreement and may be
different from the ration in which the two parties (finance-
provider and user) have invested in the total capital of the
project. This is because the two parties may share the work of
managing the project in any amount mutually agreed upon.
Both parties are allowed to charge a fee or wage for any
management or other labour put into the project. All providers
of capital are entitled to participate in management, but are not
necessarily required to do so. The mushrakah is continuous if
the partnership lasts as long as the business operates.39
3. Murbaah
This is a cost-plus contract in which a client, wishing to purchase
equipment or goods, requests the Islamic bank to purchase the items
and sell them to him at a certain cost plus a declared profit. By this
technique, a party needing finance to purchase certain goods gets the
necessary finance on a deferred payment basis. The finance-
provider does the purchasing of the required goods and sells them
on the basis of a fixed mark-up profit, agreeing to defer the receipt
of the value of the goods even though the goods can be delivered
immediately. The need for finance of the person who needs funds to
purchase certain commodities is, thus, met. His purchase is
financed, and paid for at some later date, though he may end up
paying more than he would have paid if he had had his own money
to purchase the goods. The desire of the finance-owner to earn
income on his capital is also met. He makes profit in terms of the
mutually agreed upon marked up price.40
39
40
Ibid., p. 15.
177
4. Bay Muajjal
This literally means sale on a deferred-payment basis. Delivery
of goods, inputs, or implements is made immediately and the
price agreed upon is paid by the purchaser at a given date in the
future. The price includes the cost, plus a reasonable margin of
profit to cover the administrative cost. The concept is based on
a mark-up in price and is also known as murbaah.
The Sharah permits a trader to sell goods for cash or on
credit on the condition that the price, once agreed upon by the
parties at the time of bargain, is not changed even if the payment is
not made at the due date. Mark-up on mark-up, that is
compounding the amount of profit is not permitted. If this
condition is not fulfilled or is violated, the transaction degenerates
into rib. Bay muajjal, in a form acceptable to the Sharah, lacks
any deterrent for defaulters. The only guarantee of timely payment
is the credit worthiness of the purchaser.41
5. Bay al-Salam
The term bay al-salam means advance payment or forward
buying and is authorized by Prophet Muhammad (p.b.u.h.). The
salam contract is the sale of a good to be delivered to the
purchaser at a future date, which must be set at the time of the
contract. According to normal rules and regulations, no sale can
be effected unless the goods are in existence at the time of the
bargain, but this sort of sale forms an exception to the general
rule provided that the goods are defined and the date of delivery
is fixed. The objects of this sale are mostly tangible things and
cannot be gold or silver because these are regarded as monetary
values. Barring this, bay al-salam covers almost everything,
which is capable of being definitely described as to quantity,
quality and workmanship.42
6. Ijrah
In this system, the Islamic banks acquire certain assets such as
machines, equipment, or buildings and allow the customers to
41
42
Ibid., pp. xi, passim 17-18.
178
use them for a certain period against an agreed upon price. This
is leasing of the assets. The terms of lease are decided by
mutual consent.43
Lease Purchasing Finance

This is another variation of the leasing method. The bank
acquires an asset and leases it to the client. The client
undertakes to deposit agreed upon capital payments or
installments over a definite time period, into a saving account
held in the bank. With authorization to invest, the profits
accrued may also be credited into the saving account. The
contract is terminated when the full price is paid and ownership
is transferred.44
1. Qar asan
As a social service function, Islamic banks grant some interest-
free loan to needy individuals. These loans are called qar
asan or benevolent loans. Islamic banks have to take care that
these loans are granted to those who are in need of support and
assistance and help them to rehabilitate economically.45
2. Takful (Islamic Insurance)

The need for insurance was felt as soon as Islamic banks started
operations as some of them were trading in commodities across
oceans, an activity not possible without insurance. The first
Islamic insurance company to be launched was based in
Khartoum and was to meet the insurance needs of the Faisal
Islamic Bank, Sudan. That was in 1977. As of today, there are
many companies offering general insurance and also takful
companies offering a substitute for life insurance on the bases
of murabah and mutual cooperation. Takful companies may
be based on murabah, as in Malaysia and in some countries
in the gulf or on waklah (agency) as in the case of Islamic
Insurance company, Jordan and the one launched by Bank al-
Jazeerah, Saudi Arabia. Some practices of the conventional
43
Development and Problems of Islamic Banks, p. 21.
44
Ibid.
45
Ibid.
179
insurance companies are adopted in the Malaysian model on the

basis of custom (urf). Whatever the judicial basis approved by
the Sharah advisors, the essential features of all models of
Islamic insurance remain the same: compensating premium
paying subscribers in case they incur certain losses or damages
without any interest-based activities being involved.46
Takful is an insurance concept in Sharah whereby a
group of participants mutually agree among themselves to
guarantee each other against defined loss or damage that may be
inflicted upon any of them by contributing as tabarru or
donation in the takful funds. It emphasizes unity and
cooperation among participants. Takful is not a new concept as
it had been practiced by the Muhjirn of Mecca and the Anr
of Medina following the hijra of the Prophet (p.b.u.h.) over
1400 years ago. The concept of takful (Islamic insurance) was
first introduced in Malaysia in 1985 when the first takful
operator was established to fulfill the need of the general public
to be protected based on the Islamic principles. The legal basis
for the establishment of takful operators was the takful Act,
which came into effect in 1984.
Insurance as a concept does not contradict the practices
and requirements of Sharah. In essence, insurance is
synonymous with a system of mutual help. However, Muslim
jurists are of the opinion that the operation of conventional
insurance does not conform to the rules and requirements of
Sharah as it involves the elements of uncertainty (gharar) in
the contract of insurance, gambling (maysir) as the
consequences of the presence of uncertainty and interest (rib)
in its investment activities. Therefore, conventional insurance
involves the elements of uncertainty (al-gharar) in the contract
of insurance, gambling (al-maysir) as the consequences of the
presence of uncertainty and interest (al-rib) in the investment
activities of the conventional insurance companies which
contravene the rules of Sharah. Takful is an alternative form
of cover which a Muslim can avail himself against the risk of
loss due to misfortunes.
46
Siddiqi, Riba, Bank Interest and the Rationale of its Prohibition, pp. 80-81.
180
Tabarru is the agreement by a participant to relinquish as

donation, a certain proportion of the takful contribution that he
agrees or undertakes to pay, thus enabling him to fulfill his
obligation of mutual help and joint guarantee should any of his
fellow participants suffer a defined loss. The concept of
tabarru eliminates the element of uncertainty in the takful
contract. The sharing of profit or surplus that may emerge from
the operations of takful is made only after the obligation of
assisting the fellow participants has been fulfilled. Thus, the
operation of takful may be envisaged as a profit sharing
business venture between the takful operator and the individual
members of a group of participants.47
Life Insurance from an Islamic Perspective

Life insurance is a new contract not known in the history of
Fiqh. Muslim scholars have different opinions regarding this
kind of insurance. In the circles of contemporary Sharah
scholars, there are three opinions about life insurance. They all
recognize that it is a new contract not known in the history of
Fiqh.
A minority of scholars consider it arm, leveling all
kinds of argument against it including rib, gambling, gharar
and speculation on the will of Allah. However, this view does
not carry much weight.
The second view is that it contains gharar because no one
knows whether the liability of the insurer (the company) will
ever materialize or when it will, if ever. This is a serious gharar
that leads to a major defect in the contract. It is therefore
forbidden.
The third opinion is presented by the late Sheikh Mustafa
al-Zarka. He argued that the gharar in the contract is remedied
by the fact that it is a contract based on overwhelming statistical
knowledge and the application of the theory of probability.
With this in mind, there is no gharar on the part of the insurer
and the contract is permissible with two conditions: that it
47
This material on takful has been extracted from Hassanuddeen Abdul
Aziz, Contemporary Islamic Banking and Finance: Practice, Prospects
and Challenges, Chapter 1, (unpublished manuscript).
181
contains no rib clause and that its subject (the insured thing) is
legitimate. These two conditions rule out regular fixed return
life insurance because the value of the policy is the outcome of
investment premiums at a compounded rate of interest, while
variable - return life is permissible if the funds are invested in
the Sharah approved stocks or mutual funds. They also rule
out insuring a prohibited activity such as casinos.
The advocators of the second opinion argue that the
gharar problem applies only in exchange contracts. If the
contract is modified and restructured on the basis of cooperation
or mutuality, where there will be an association of the insured
instead of a profit motivated insurer company, the gharar is
then tolerated. This is so because the relation between the
association and its members become based on contribution or
tabarru rather than exchange and a tabarru can accommodate
certain conditions (i.e., that the association compensates in case
a hazardous event happens). It is on this basis that all the
Islamic insurance companies were established.
In this regard, al-Zarka adds, that if a mutual or
cooperative insurance exists he prefers it to profit motivated
insurance out of his respect for the opinion of opponents. There
is an old argument (from the 1950s), even by those who oppose
insurance, that whenever insurance is forced by law, one must
do it and one is excused, from the Sharah point of view. This
includes car insurance, social security, workers compensation,
and employer's imposed insurance if it is not optional for the
employee. To this we add another element, that is, if the
insurance provided by the employer is paid completely by the
employer, i.e., given as a fringe benefit without deducting any
part of the premium from the workers pay cheques, then it is a
kind of grant from the employer and if a hazard happens, the
paid policy amount is all because it is an outcome of the
grant.
Now think for yourself: if your life insurance is only term-
life, you may apply the opinion of Sheikh al-Zarka, and if it is
imposed by the employer, you also have room to accommodate,
and if it is a grant from employer it is also tolerated. Otherwise
you need to see the specifics of the contract you have and
182
determine, in light of the arguments whether you should keep

the contract or withdraw from it.48
Types of Card Issued by Institutions

There are generally three types of card issued by institutions to
their customers to enable the latter, by using the cards, either to
withdraw cash from their accounts or to obtain credit or to pay
for goods or services purchased. These cards include the
49
following types:
Debit Card
Charge Card
Credit Card
Characteristics of the Different Types of Card
Debit Card
a. The institution issues the card to a customer with
available funds in his account.
b. The card confers on its holder the right to withdraw cash
from his account or to pay for goods or services purchased
up to the limit of the available funds (credit balance) in
his account. The debit to the customers account will be
immediate, and the card does not provide him with any
credit.
c. The customer will not normally pay any charges for using
this card, except when it is used to withdraw cash or to
purchase another currency through another institution
different from the institution that has issued the card.
d. The issuing institution may charge a fee for issuing the
card, or may make no charge for issuing it.
48
Al-Baraka Seminars, retrieved from <http://www.islamonline.net/servlet/
Satellite?pagename=IslamOnlineEnglishAsk_Scholar/FatwaE/FatwaE&cid
=1119503543412>
49
Sharah Standards: The full text of Sharah Standards as at Rabi l 1425
[Manama, Bahrain: Accounting and Auditing Organization for Islamic
Institutions -AAOIFI, 2004.), 20-23. The write-up hereinafter referring to
these three types of card has been extracted verbatim (for the sake of
authenticity) from this book.
183
e. Some institutions charge the party accepting payment by

means of the card a commission calculated as a
percentage of such payments.
Charge Card
a. The card provides a credit facility up to a certain ceiling
for a specified period of time, as well as providing a
means of repayment.
b. The card is used to pay for goods and services and to
obtain cash.
c. This card does not provide revolving credit facilities to
the cardholder, insofar as the cardholder is obliged to
make payment for the purchased goods or services by the
end of a prescribed credit period following receipt of a
statement sent by the institution issuing the card.
d. If the cardholder delays payment of the amount due
beyond the period of free credit, an interest charge is
imposed on the cardholder but none is imposed by the
institutions.
e. The institution issuing the card does not charge the
cardholder any percentage commission on purchases, but
receives a percentage commission from the party
accepting the card on purchases made by using the card.
f. The institution issuing the card is obliged to pay the party
accepting the card for purchases made by the cardholder,
within a specified transaction credit limit (or the agreed
increase thereon). This obligation on the card issuer to pay
for the cardholders purchases is direct, and is
independent of the relationship between the party
accepting the card and the cardholder.
g. The institution issuing the card has a personal and direct
right against the cardholder to be reimbursed for any
payments made on his behalf. The issuers right is
absolute and independent of the relationship between the
cardholder and the party accepting the card in accordance
with the contract between them.
184
Credit Card
a. The card provides a revolving credit facility within the
credit limit and credit period determined by the issuer of
the card. It is also a means of payment.
b. The holder of a credit card is able to pay for purchases of
goods and services and to withdraw cash, within the
approved credit limit.
c. When purchasing goods or services, the cardholder is given
a free credit period during which the amount due should be
paid and no interest is chargeable. The cardholder is also
allowed to defer paying the amount due and is charged
interest for the duration of the credit. In the case of a cash
withdrawal, there is no free credit period.
d. The institution issuing the card does not charge the
cardholder any percentage commission on purchases, but
receives a percentage commission from the party
accepting the card on purchases made by using the card.
e. The institution issuing the card is obliged to pay the party
accepting the card for purchases made by the cardholder,
within a specified transaction credit limit (or the agreed
upon increase thereon). This obligation on the card issuer
to pay for the cardholders purchases is direct, and is
independent of the relationship between the party
accepting the card and the cardholder.
f. The institution issuing the card has a personal and direct
right against the cardholder to be reimbursed for any
payments made on his behalf. The issuers right is
absolute and independent of the relationship between the
cardholder and the party accepting the card in accordance
with the contract between them.
The Sharahs Rulings for Different Types of Card
Debit Card
It is permissible for institutions to issue debit cards, as long as
the cardholder does not exceed the balance available on his
account and no interest charge arises out of the transaction.
185
Charge Card
It is permissible for institutions to issue charge cards on the
following conditions:
a. The cardholder is not obliged to pay interest in the case of
delay in paying the amount due.
b. If the institution obliges the cardholder to deposit a sum of
money as a guarantee and this amount is not available for
the use of the cardholder, then it must be made clear that
the institution will invest the money for the benefit of the
cardholder on the basis of Murabah and that any profit
accruing on this amount will be shared between the
cardholder and the institution according to a specified
percentage.
c. The institution must stipulate that the cardholder may not
use the card for purposes prohibited by the Sharah and
that the institution has the right to withdraw the card in
case such a condition is violated.
Credit Card
It is not permissible for an institution to issue credit cards that
provide an interest-bearing revolving credit facility, whereby
the cardholder pays interest for being allowed to pay off the
debt in installments.
186
CHAPTER TWELVE
CONTEMPORARY BIOMEDICAL ISSUES: AN
ISLAMIC PERSPECTIVE
This chapter examines some of the most controversy and

complex contemporary biomedical issues, which have
preoccupied religious thinkers as well as legal and medical
experts. These issues include contraception, infertility, artificial
insemination, surrogate parenthood, abortion, plastic surgery,
euthanasia, organ transplantation, trans-sexualism and milk bank.
An attempt is made to look very briefly at the legal and moral
aspects of these issues within the context and scope of Islamic
faith and ethics. This study is important as well as relevant as it
touches upon issues, which affect Muslims globally.
Biomedical1 technology, one of the branches of modern
science, is a tangible reality that can neither be underestimated
nor overlooked. Much research has been done and is still being
carried out in this domain. This study evaluates the legitimacy
of some of the biomedical issues in light of Islamic ethics,2
which is a part and parcel of Sharah3.
1
Of, relating to, or involving biological, medical, and physical sciences.
2
In Islam, ethics is inseparable from religion and is built entirely upon it.
The Islamic mind knows no pair of contraries such as religious-secular,
sacred-profane, church-state etc.
3
The Sharah refers to the sum total of Islamic laws and guidance, which
were revealed to Prophet Muhammad (p.b.u.h.), and which are recorded in
the Qurn as well as deducible from the Prophets divinely guided
lifestyle (called the Sunnah). See Muhammad Shalab, al-Madkhal f al-
Tarf bi al-Fiqh al-Islm, Beirut, 1968, p. 28.
Scope of Biomedical Technology

The scope of biomedical technology is immense and affects a
wide range of issues, such as:
1. Population control through the means of contraceptive
devices, sterilization programs, and others;
2. The termination of life through abortion, euthanasia;
3. The prolongation of life through the means of organ
transplantation, artificial organs, respirators, cardiac
pacemakers;
4. Gender pre-selection and sex-change operations;
5. Improving the quality of life through the means of genetic
screening4, genetic engineering,5 artificial insemination,
and sperm banks;
6. Coping with fertility problems through the techniques of
test-tube fertilization, the use of surrogate mothers and
ova banks;
7. Experiments involving human beings;
8. The controlling of behaviour by physical means such as
psychosurgery or by psychotherapeutic drugs.6
4
Genetic screening means testing for genetic disorders. Most commonly,
prospective parents of an embryo or fetus are tested when a specific
genetic disorder is suspected. In such a case, genetic screening begins with
a complete medical history of both parents. If the parents decide to
conceive or have already conceived, diagnostic tests can be performed on
the fetus to detect various genetic disorders. In the case of a positive
finding, the parents can elect to abort the fetus. Embryo biopsy, another
diagnostic test, can be used on an embryo conceived by in-vitro
fertilization to determine if the embryo is free of certain genetic diseases
before it is implanted in the uterus. As researchers identify more genetic
markers for diseases and develop blood tests for them, concern has arisen
over the use of such tests to deny people health and life insurance,
employment, and the like.
5
Genetic engineering refers to the use of various methods to manipulate the
DNA (genetic material) of cells to change hereditary traits or produce
biological products.
6
Abul Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective,
(Kuala Lumpur: A. S. Noordeen, 1988), pp. 16-17.
188
Contemporary Biomedical Issues: An Islamic Perspective
Let us now examine some of these issues:
Contraception
Contraception may be defined as the measure undertaken to
frustrate the possibility of the birth of children.7 Hence, such a
measure implies the non-fulfilment of one of the purposes of
marriage, namely procreation of the human species.8
In deciding whether a particular issue is all (lawful),
arm (unlawful), mub (permissible or proper), makrh
(blameworthy or improper), mandb (desirable or
recommended), the jurists resort to the Qurn for guidance. If
they do not find therein an explicit statement applicable to the
issue in question, they turn to the adth or Sunnah of the
Prophet for enlightenment.
The Qurn, does not make any categorical statement in
favour of or against contraceptions as such. But, it condemns
infanticide which was generally restricted to female infants in
pre-Islamic Arabia. The Qurn states:
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Kill not your children for fear of want: We shall provide
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them is a great sin. (al-Isr 17:31)
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Kill not your children on a plea of want; We provide
sustenance to you and for them. (al-Anm 6:151).
The purpose of using contraceptions is to control the timing of

births with the intent of distancing the occurrences of pregnancy
or to delay it for a specific amount of time for different reasons.
7
Ibid., p. 51.
8
The purpose of marriage in Islam is multi-dimensional. It is regarded as a
commendable act, a means to curb illicit sexual relations, a bond of mutual
love between the husband and wife, and enables human procreation.
189
Islam encourages married couples to have children. For

example, it is reported that the Prophet (p.b.u.h.) said:
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Marry women who are loving and fertile (child-
bearing), for I shall outnumber the peoples by you.
(adth, Ab Dwd)
Celibacy and monasticism are against the principles of Islam.

The Prophet (p.b.u.h) made this clear when he told those
companions who were considering ascetic forms of life:

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Anas bin Mlik narrated: A group of three men came to

the houses of the wives of the Prophet (p.b.u.h.) asking
how the Prophet (p.b.u.h.) worshipped (Allah), and when
they were informed about that, they considered their
worship insufficient and said: Where are we from the
Prophet (p.b.u.h.) as his past and future sins have been
forgiven. Then one of them said: I will offer the prayer
throughout the night forever. The other said: I will fast
throughout the year and will not break my fast. The
third said: I will keep away from the women and will
not marry forever. Allahs Apostle came to them and
said: Are you the same people who said so-and-so? By
Allah, I am more submissive to Allah and more afraid of
190
Him than you; yet I fast and break my fast, I sleep and I
marry women. So, he who does not follow my tradition
in religion, is not from me (not one of my followers).
(adth, al-Bukhr)
Children are a blessing from Allah (s.w.t.).
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has made for you, from your wives, sons and grandsons,
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Wealth and children are the adornments of the life of
this world. (18:46)
The contraceptive method that was practiced during the lifetime

of the Prophet (p.b.u.h) is known as al-azl, which means, among
others, removal, detachment, setting aside, and isolation.9
Technically speaking, it refers to the process of withdrawal by
the man at the time of emission to prevent insemination of the
ovum.10 Imm al-Shawkn11 has compiled all the Adth
dealing with azl and only one of them is quoted here.

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9
Hans Wehr, A Dictionary of Modern Written Arabic, edited by J. Milton
Cowan, (Beirut: Librairie Du Liban, 1974).
10
Akhtar Hameed Khan, Islamic Opinion on Contraceptives, in Muslim
Attitudes toward Family Planning, edited by Olivia Schieffelin, (New
York: The Population Council, 1973), p. 62. Cf. Abu Fadl Mohsinp. 53.
11
Muammad bin Al bin Muammad al-Shawkn, Nayl al-Awr, (Cairo:
Maktabah Dr al-Turth, n.d.), Part 5, pp. 195-196.
191
Jbir (r.a.) narrated: We used to practice azl in the

Prophets (saw) lifetime while the Qurn was being
revealed. In another version of the same adth, We
used to practice azl during the Prophets (p.b.u.h.)
lifetime and he was informed about this and he did not
forbid us. (adth, Muslim)
The five schools of Islamic law12 in passing their judgement on

the issue of azl derived guidance from the Adth dealing with
the matter since there was no express text of the Qurn on the
issue. They hold azl (coitus interruptus) to be permissible
(mub) but consider it to be a blameworthy (makrh) practice
because the act deprives the woman the right to experience
sexual fulfilment and to have children.13
There is a adth, which states that actions are judged
according to intentions.14 We have seen that azl is regarded as
an undesirable practice. But in cases where the life of the
mother is threatened if she does become pregnant, or if repeated
pregnancies weaken her body, then in such cases practicing azl
would be necessary, and the juristic principle of the rule of
necessity would sanction the practice in order to save the life of
the woman or her health.
Among traditional scholars, Imm al-Ghazl dealt with
the question of the acceptable reasons for the practice of azl.
He stated that practicing azl would be justified if it was done
for the sake of protecting the wifes life from the risk of
childbirth, or if one fears of excessive hardship (kathrah al-
araj) because of an excess of children or genuine financial
difficulty.15
Among the modern scholars who have laid down genuine
reasons for contraception is Shaykh Amad al-Sharabassi of
12
anaf, Mlik, Shfi, anbal, and Jafar.
13
Ibn Qayyim al-Jawziyyah, Zd al-Mad (Egypt: Mabaah Mutaf al-
Bb al-Halab wa Awlduhu, 1960), part 4, p. 21.
14
Muhammad ibn Isml, a al-Bukhr, (Cairo: Dr al-Shab, n.d.),
3vols., Kitb al-Nik, Part 7, p. 4.
15
Ab mid Muammad al-Ghazl, Iy Ulm al-Dn, (Cairo: al-
Mabaah al-Azhariyyah al-Miriyyah, 1302 AH), vol. 2, p. 52.
192
Egypt.16 He states that contraception is valid in the following

circumstances:
1- To give the woman a chance to rest between pregnancies.
2- If either or both partners have a disease, which can be
transmitted.
3- To safeguard the womans health.
4- If the husbands finances are insufficient to support more
children.
Of the acceptable reasons put forth by the scholars, the ones

relating to the consideration of the life and health of the wife are
certainly tenable. In this regard, the juristic rule of necessity
would make the use of contraceptive devices an obligation.
Strictly speaking, their other reason, which is based on financial
consideration may not hold much weight. It can be said in
conclusion that though the Qurn does not specifically make
any explicit reference to contraception as such, there are
scholars who have inferred from a number of its verses,
especially with those dealing with infanticide, and concluded
that family planning for economic reasons would not be sound,
for it would negate ones belief in the fact that Allah (s.w.t.) is
the Provider. It is also argued that contraception can in no way
be likened to infanticide. Infanticide is the actual murder of
children already in existence, while the very aim of
contraception is to prevent fertilization taking place. The adth
is clearer on the issue, and it is evident that the Prophet
(p.b.u.h.) in no way forbade the Muslims to practice azl.17
Contraceptive Methods
Modern biomedical sciences have devised new techniques or
methods of contraception. Some of these methods are meant for
use among males while others for females. Such methods may
be categorized under reversible and irreversible methods.
Reversible methods are such that they are not of a permanent
16
Ahmad al-Sharabassi, Islam and Family Planning, in Muslim Attitudes
toward Family Planning, edited Olivia Schieffelin, (New York: The
Population Council, 1973), pp. 110-111.
17
Abu Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective p. 42.
193
nature. These include among others, withdrawal (azl),

spermicide18, condom19, diaphragm20, intra-uterine device
(I.U.D.: e.g., loop, coil, etc.), pills, and injection. Irreversible
methods include vasectomy,21 tubal ligation,22 and
hysterectomy.23
The Ulam unanimously agree that it is not permissible
to make use of any device which might permanently
incapacitate a person to procreate regardless of whether such a
person be a man or a woman, whether such use followed the
consent of one or both spouses.24 The irreversible methods of
sterilizing25 men and women, therefore, are not permissible.
They contradict the goals of the Sharah, which upholds the
institution of marriage for the primary purpose of procreation.
Also, they come within the scope of altering the true nature of
things as created by Allah (s.w.t.). Such methods can only be
prescribed by a medical doctor for his patient, if in his good
judgment, pregnancy would be hazardous to the womans
physical or mental health.26
18
Spermicide:
Spermicide A contraceptive agent that kills spermatozoa.
19
Condom:
Condom A contraceptive device consisting of a sheath of thin rubber or
latex that is worn over the penis during intercourse.
20
Diaphragm:
Diaphragm A contraceptive device consisting of a thin flexible disk,
usually made of rubber, that is designed to cover the uterine cervix to
prevent the entry of sperm during sexual intercourse.
21
Vasectomy:
Vasectomy Surgical removal of all or part of the vas deferens, resulting
in sterility in men. Vas deferens is the duct that transports the sperm from
the epididymis to the penis.
22
Tubal Ligation:
Ligation A method of permanent sterilization for women,
involving the surgical sealing of the fallopian tubes to prevent the ovum
from passing from the ovary to the uterus.
23
Hysterectomy:
Hysterectomy Surgical removal of all or part of the uterus.
24
Muammad Sad Raman al-Bu, Tadd al-Nal (Damascus:
Maktabah al-Frb, 1976), p. 33.
25
Sterilization: Any of various surgical procedures intended to eliminate
the capacity to reproduce in humans or animals.
26
Abul Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective, pp.
71-72.
194

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they would have got themselves castrated (sterilized).
(adth, Muslim)
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Abdullah bin Umar (r.a.) said: We used to participate
in jihd with the Prophet (p.b.u.h.) and we had no wives
with us. So we said [to the Prophet (p.b.u.h.)]. Shall we
castrate (sterilize) ourselves? But, the Prophet (p.b.u.h.)
forbade us from doing that, and after that he allowed us
to marry a woman by giving her even a garment, and
then he recited: O you who believe! Do not make
unlawful the good things which Allah has made lawful
for you. (al-Midah: 87) (adth, al-Bukhr)
To conclude, it may be argued that contraceptions 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. Further, contraceptions should not be imposed
on anyone by anyone, as it is the absolute right of everyone to
have children. Moreover, contraceptions should be practised only
with the consent of both sides: the husband and wife.
Birth Control
In a resolution concerning birth control, the council of the
Islamic Fiqh academy, holding its fifth session in Kuwait city
(State of Kuwait), from December 5 to 10, 1988 resolved that:
195
1- It is not permissible to issue a general law restricting the

freedom of a married couple on the issue of procreation.
2- It is strictly forbidden by religion to deprive a man or
woman of his or her physical capacity to procreate, known
as sterilization, except in cases of necessity according to
the criteria set by Sharah.
3- It is permissible to control procreation temporarily in view
of spacing the pregnancy periods or to interrupt it for a
fixed duration in case of necessity recognized by
Sharah; this should be done at the discretion of the
married couple according to their mutual agreement and
after consultation, provided that no prejudice is caused,
and that the method to be used is legal, without causing
any harm to an ongoing pregnancy.27
Sanctity of Life
Islam places a great emphasis on the sanctity of life starting
from the womb to the grave. Every life has its sanctity. There is
no difference between the life of a foetus28, a young person, an
aged person and a terminally ill one. There are a number of
verses in the Qurn, which testify to this. For example:

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If anyone killed a person, unless it is for murder or
spreading mischief on earth, it would be as if he killed all
of mankind. And if anyone saved a life it would be as if
he saved the lives of all mankind. (5:32)
27
See Resolution No. 39 (1/5) concerning birth control in the Resolutions
and Recommendations of the Islamic Fiqh Academy, 5th Session held in
Kuwait city (State of Kuwait), from December 5 to 10, 1988.
28
Foetus:
Foetus In humans, the unborn young from the end of the eighth week
after conception to the moment of birth, as distinguished from the earlier
embryo.
196
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Kill not your children for fear of want: We shall provide
sustenance for them as well as for you. Verily killing
them is a great sin. (17:31).
Life is a gift from Allah (s.w.t.), He is the only one who has the
right to take it away. No one is permitted to take any life away,
not even his own life.
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Thbit bin al-ak (r.a.) narrated that the Prophet
(p.b.u.h.) said: Whoever intentionally swears falsely by a
religion other than Islam, then he is what he has said, [e.g.
if he says, if such thing is not true then I am a Jew, he will
be considered as he said.] And whoever commits suicide
with a piece of iron will be punished with the same piece
of iron in the Hell Fire. (adth, al-Bukhr)
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man was inflicted with wounds and he committed
suicide, and so Allah said: My slave has caused death on
himself hurriedly, so I forbid Paradise for him. (adth,
al-Bukhr)
197
Abortion
Abortion is the termination of pregnancy. It may be
spontaneous as a result of physical injury to the woman or as a
result of some internal biomedical disorder. It may even be
deliberate through human intervention. This may either be
through the use of drugs with the intention of terminating the
pregnancy or by visiting a physician with the aim of seeking
his/her advice in ending the pregnancy either by emptying the
uterus of its contents through the process of suction or by
dilating the cervix (the narrow lower end of the uterus) and
scraping its contents. However, if the pregnancy is in the
advanced stage, other methods are employed.29
Any abortion, which occurs spontaneously is commonly
known as a miscarriage. Such is not a matter of controversy.
Abortion that occurs as a result of direct human intervention,
whether self-inflicted or otherwise, raises notoriously difficult
ethical problems. At the root, these problems seem to revolve
around rights. Opponents of this type of abortion speak of the
right to life of the foetus; pro-choice advocates speak of a
womans right to choose. They argue that the foetus is not a
person, and therefore, has no rights. The questions that
immediately follow are: What kinds of beings have rights?
Which characteristics, if any, are essential to having rights? In
general, how do we decide the boundaries of our moral
categories? These questions have been widely discussed, and
the views of scholars vary widely.
When does the life of a foetus start?

Some scholars are of the opinion that the inviolable life of the
foetus starts after the soul is breathed into him, and that is after
120 days according to one adth.
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Ronald Munson, Intervention and Reflection: Basic Issues in Medical
Ethics, (California: Wadsworth Publishing Co., 2nd ed., 1983), p. 44.
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Abdullah bin Masd, may Allah be pleased with him,
reported: Allah's Messenger (p.b.u.h.) said: Verily the
constituents of one of you are collected for forty days in
his mother's womb in the form of blood, after which it
becomes a clot of blood in another period of forty days.
Then it becomes a lump of flesh and forty days later
Allah sends His angel to it with instructions concerning
four things, so the angel writes down his livelihood, his
death, his deeds, his fortune and misfortune. By Him,
besides Whom there is no god, that one amongst you acts
like the people deserving Paradise until between him and
Paradise there remains but the distance of a cubit, when
suddenly the writing of destiny overcomes him and he
begins to act like the dwellers of Hell and thus enters
Hell, and another one acts in the way of the dwellers of
Hell, until there remains between him and Hell a distance
of a cubit that the writing of destiny overcomes him and
then he begins to act like the people of Paradise and
enters Paradise. (adth, al-Bukhr and Muslim)
Some others are of the opinion that the inviolable life of the
embryo starts forty days after the fusion of the sperm and the
egg. Their proof is the aforesaid adth reported by Abdullah
ibn Masd, in which it is stated that the soul is breathed into
the embryos body forty days after fertilization takes place. This
version of adth is supported by some other adth narrated
by al-Bukhr and Muslim, in which the period is said to be
around 40 days. Some others are of the opinion that the
199
inviolable life starts once the embryo implants itself in the

lining of the womb, a few days after the fusion of the sperm and
the egg. Other scholars are of the opinion that the inviolable life
starts once the sperm fuses the egg and the product of their fuse
gets ready to receive life.
Abortion: Lawful or Unlawful?

There are different opinions of Muslims scholars regarding the
lawfulness and unlawfulness of abortion. Firstly, a few scholars
from four different madhhib (the four major Islamic juristic
schools of thought) argue that abortion can be carried out before
120 days. This opinion seems to be based on the assumption
that no life exists before 120 days since the soul is breathed
only after 120 days. Modern science, however, shows that there
is a kind of life, even though it is not a complete life, as modern
equipment enables doctors to hear foetal heartbeats by the
eighth week. Secondly, some scholars are of the opinion that
abortion before 120 days is reprehensible (disapproved).
Thirdly, some other scholars are of the opinion that abortion
before 40 days is permissible but is arm after 40 days.
However, the opinion of the majority of scholars, which is the
preferred one according to the four madhhib, is that abortion
after the beginning of pregnancy is forbidden other than for
some justifiable reasons, such as the pregnancies are the result
of rapes and incests. The difference between contraception and
abortion is that contraception is to avoid pregnancy; there is no
assault or crime against an existent human being, while abortion
is a direct assault against the life of an existing human being.
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O you Prophet: When believing women come to you to
give you their pledge not to associate anything with
Allah in worship, that they shall not steal, that they shall
not commit adultery, that they shall not kill their
children, that they shall not utter slander, intentionally
200
forge falsehood, and that they shall not disobey you in

any just cause, then accept their pledge and pray to Allah
for their forgiveness, for Allah is Most Forgiving Most
merciful. (60:12)
According to the majority of scholars, if the matter aborted is in

the form of human being when the organs have started to appear
or when the specialists confirm that the matter aborted is an
embryo or pre-embryo, the person who aborts has to pay
ghurrah (1/20 of diyyah = 75 dirhams. 1 dirham = 31 gold
grams). If the matter aborted is still in the form of blood, the
person who aborts will not be required to pay ghurrah. There
may be a punishment as imposed by law or a judge for the
assault on the mother. According to Imm Mlik, a person who
aborts is required to pay ghurrah even if the matter aborted is
still in the form of blood.
All scholars unanimously agree that abortion is forbidden.
Deliberate abortion, after the soul has been breathed into the
foetus after 120 days is a crime against a living human being.
This includes the cases when the foetus is a result of unlawful
sexual intercourse (zin), rape or incest. Although this foetus is
the result of a crime, the foetus will not be held responsible for
the crime of his parents or one of them. He is a distinct human
being with full rights; thus, his life should be respected and
preserved like the life of others.
The punishment of Abortion after 120 days

a) When the foetus is aborted alive with any visible
symptoms of life:
The case will be dealt with as an act of manslaughter. The
person responsible for this abortion will be subject to the
following kinds of punishment:
- Religious punishment: Kaffrah (to free a slave, or to
fast for 2 consecutive months).
- Legal responsibility: full blood money (diyyah) in
addition to a punishment imposed by law or the judge if
abortion is caused by an assault on the mother.
201
b) When the foetus is delivered dead:

- Legal responsibility: ghurrah should be paid which is
equal to 1/20 (5%) of blood money (diyyah) in addition to
a punishment as imposed by law or the judge if abortion is
caused by an assault on the mother.
- Individual responsibility: Everyone is responsible for his
own offences and misconduct and no one will be
penalized for the offences and crimes committed by others
including parents. A foetus who is the outcome of
unlawful sexual intercourse will never be held responsible
for the crime of his father or mother.
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Each soul earns only on its own account, and no one
shall bear the burden (sins and wrongdoing) of another;
then to your Lord is your return, so He will inform you
of that in which you differed. (6:164)
It may be argued that that there are no Qurnic verses that

relate directly to the issue of abortion. It is established from the
general teachings of the Qurn and the Sunnah, however, that
life in whatever form is to be preserved and is not to be
destroyed except for a valid cause or reason.
When abortion may be allowed?

Abortion would be legitimate if the mother has a health
condition that makes the continuation of pregnancy a danger to
her life. When a reliable medical source gives a proof indicating
that continued pregnancy, even after the confirmation of the
existence of life, would definitely lead to the mothers death,
abortion would be permissible on the legal maxim: The lesser
evil is to be perpetrated.
202
Infertility
Biomedical science has succeeded in pointing out that
infertility30 may be caused by certain defects either in the wife
or husband.
1. The Male Factor: Male infertility may be due to the
abnormality of the sperm in the sense that there is a low
sperm count and poor sperm movement.31
2. The Female Factor: Female infertility may result from
the absence of or a blockage of the fallopian tubes.
Another problem may be associated with the failure to
ovulate, in which case no egg emerges from the ovary. It
may also be that the female is allergic to the proteins
contained in the semen. Sometimes, the female may be
born without a uterus and fertility in such a case is
virtually impossible.32
Overcoming Infertility through Biomedical Possibilities

In order to assist a couple to overcome infertility and become
parents, biomedical science has devised certain ways and
means. Some of these possibilities are summarized as follows:33
Artificial insemination:
Artificial insemination involves using the husbands or a
donors sperm to impregnate a woman. A physician introduces
sperm into the womans uterus where it is hoped, it will fertilize
the awaiting ovum. The sperm may be fresh or supplied from a
sperm bank, where semen is frozen and stored.34 According to
the Council of the Islamic Fiqh Academy, which held its third
session in Amman (Jordan) from October 11 to 16, 1986, there
30
Infertility:
Infertility the state of being unable to produce off-springs; in a woman it
is an inability to conceive; in a man it is an inability to impregnate.
31
Robert H. Glass and Ronald J. Ericsson, Getting Pregnant in the 1980s,
(California: University of California Press, 1982), pp. 41-42, passim 47.
32
Ibid., p. 12, passim 20, 29.
33
Paul D. Simmons, Birth and Death: Bioethical DecisionMaking,
(Philadelphia: The West Minster Press, 1986), pp. 160-163. See also Abul
Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective, pp. 93-97.
34
Ibid., p. 95.
203
are seven (7) known methods used nowadays for artificial

insemination.
The first five (5) methods are all forbidden and absolutely
prohibited for their own sake or due to ensuing consequences
manifested in confusion about parenthood and loss of
motherhood and other Sharah prohibited matters. These
methods are:35
1- The fertilization taking place in vitro between the semen
taken from the husband and the ovum taken from a
woman who is not his wife, and the fertilized ovum is
then planted in the womb of his wife.
taken from a man who is not the husband and the ovum
taken from the wife of another man, and the fertilized
ovum is then planted in the womb of his wife.
and ovum taken from spouses, and the fertilized ovum is
then placed in the womb of a surrogate mother.
4- The fertilization taking place in vitro between male semen
and female ovum from two strangers and the fertilized
ovum is then planted in the womb of another mans wife.
5- The fertilization taking place in vitro between the semen and
the ovum taken from spouses, and the fertilized ovum is then
planted in the womb of the husbands other spouse.
However, in the Councils opinion there is no objection if one

resorts to the sixth or seventh method, in case of necessity,
provided that all required precautions are taken. These two
methods are:
1- In vitro fertilization of a womans ovum by her husbands
semen and implantation of the fertilized ovum in the
womb of the same woman.
2- External insemination, by taking the semen of a husband
and injecting it in the appropriate place in the womb or
uterus of his wife, for in vitro fertilization.
35
See Resolution No. 16 (4-3) concerning test-tube babies in the Resolutions
and Recommendations of the third session of the Council of the Islamic Fiqh
Academy held at Amman (Jordan) from October 11 to 16, 1986.
204
In Vitro Fertilization/ IVF

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. Then, the resulting
pre-embryo is transferred to the womans uterus.
Egg Transfer
This involves transferring an egg from a donor woman to an
infertile womans uterus. The egg may be fertilized by the
recipients husband.
Artificial Embryonation
This requires flushing an embryo from a woman who has
artificially been inseminated by a donors sperm, and
implanting the embryo in the womb of the donors wife.
Embryo Adoption
This involves both donor sperm and donor egg, but they would
be transferred to the womb of the recipient and she would bring
the foetus to birth.
Ectogenesis
This is the nurture of a foetus from fertilization to viability in an
artificial placenta36 or glass womb.
Cloning
Cloning may occur in plants and invertebrate animals (worms
and insects) and in humans. The former has been successfully
carried out by scientists, while the latter is a dream yet to be
realised. It consists of removing the nucleus of an egg, and
replacing it with the nucleus of a donated unfertilized egg or the
nucleus of a body cell. The re-nucleated cell is then implanted
and brought to term in the womb. The child has only the genetic
36
Placenta:
Placenta The sac-shaped organ that attaches the embryo or fetus to the
uterus during pregnancy in most mammals. Blood flows between mother
and fetus through the placenta, supplying oxygen and nutrients to the
fetus and carrying away fetal waste products. The placenta is expelled
after birth.
205
material of the donor of the nucleus. Since only a male or

female seed is used, this is a process without conception. It is
artificial virgin birtha child with the same DNA37 as the (one)
parent. Although this has not yet happened, it is not wrong to
state the Islamic ruling regarding it.
The Council of the Islamic Fiqh Academy at Jeddah
announced that it is prohibited to clone human beings. The
Sharah, however, permits the cloning techniques and genetic
engineering in the fields of microbiology, botany and zoology,
within the limits prescribed by the Sharah, in order to benefit
the people and to prevent inconvenience.38
Surrogate Parenting
This involves a woman bearing a child for another woman, one
who is presumably infertile. In that case, the surrogate mother is
artificially impregnated with the contracting husbands sperm.
The contribution of biomedical science in determining the
salient factors involved in infertility can in no way be
underestimated. Likewise, the biomedical possibilities,
mentioned above, do in fact bring hope to the childless couples
but, one cannot deny the fact that such techniques, in trying to
technically resolve the problem of fertility, do raise a number of
ethical and legal questions or issues, and thus cannot be given
blanket approval within the Islamic framework.
For example, from the Islamic point of view, if the sperm
of the legal husband in a continuing marital life is used in the
artificial insemination, the practice will be permitted. But if the
sperm used is from a third party or one who is not a legal
husband or from the husband but after his death, the practice
will be prohibited. Also, IVF is lawful only when it involves a
married couple while the marriage contract is still valid, and
37
DNA:
DNA A nucleic acid that carries the genetic information in the cell and is
capable of self-replication and synthesis of RNA (ribonucleic acid).
38
For a detailed position of cloning according to the Fiqh rulings, see
Resolution No. 100/2/10 on human cloning in the Resolutions and
Recommendations of the tenth session of the Council of the Islamic Fiqh
Academy, Jeddah (Kingdom of Saudi Arabia) held from June 28 to July3,
1997.
206
necessary measures are taken to prevent any manipulation of

this practice to avoid any lineage confusion.
Surrogate Motherhood
This occurs in many forms as follows:
1- The sperm and the egg are taken respectively from a
legitimate husband and wife. The egg is fertilized, and
later implanted in the womb of another woman who is not
the wife of that man.
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.
womb of the same woman from whom the egg was taken.
womb of a third woman.
5- The sperm is taken from a husband who has 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.
The first four forms are arm because in each case, a third
party who is not a legitimate wife or partner is involved.
Regarding the fifth form, most of Muslim scholars believe it is
unlawful also. Although the sperm is not strange to the womb
since it is the womb of his second wife, but the egg is a stranger
because it is from another woman. Another objection is that the
woman who is bearing the embryo may conceive from her
husband using her own egg, whereas the embryo implanted may
fail to develop and this may lead to confusion: to whom does
the foetus belong?
207
Surrogate Fatherhood
This is when the sperm is taken from a man who is not the
legitimate husband of the woman. This is forbidden because it
involves a person who is not tied to that woman with a
legitimate marital relationship.
It may be mentioned here that marriage is not just a
financial and physical arrangement of living together, but it is a
sacred contract to enjoy each other physically and
psychologically and continue the lineage.
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 a violation of Islamic law. Thus, it is
forbidden. 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. 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.
Foetal gender selection

Foetal gender selection is a process to choose the desired gender
of a child before the sperm fuses with the egg. This process is
followed for different reasons: to avoid gender-linked genetic
diseases, to fulfil ones desire for a specific gender of children.
The technique is done through selecting the X bearing
(girl) or Y bearing (boy) specimens. Then the woman is
artificially inseminated with that sperm, or the egg is fertilized
outside of the womb and then implanted into the womb. The
Islamic Organization for Medical Sciences in its seminar on
Reproduction in Islam came with a decision that foetal gender
selection is unlawful when it is practised at a national level.
When it is practised at the individual level, the participants
opinions differed.
1- Some are of the opinion that there is nothing legally
wrong with an attempt to fulfil the wishes of a married
couple to have a boy or a girl.
208
2- Some believe that it is unlawful for fear that it may lead to

one gender outnumbering the other.
In fact, these are not the only objections against gender

selection. Another objection is, since the success rate of this
process is between 60-80%, what will happen if the wish of the
couple is not met and the foetus turns to be not of the desired
gender? Will it be aborted? There is fear that this may lead to
committing abortion, which is forbidden.
Milk Bank
Milk Bank is a place for the collection and storage of human
milk for dispensing to those who require it, such as for infants
who are allergic to cow milk and whose mothers' milk is
unavailable.39
How does a milk bank operate?

Milk banks receive milk from lactating mothers who have been
carefully screened for health behaviors and communicable
diseases, a process similar to the way blood banks screen
donors. Additionally, milk bank donors must:
be non-smokers;
not regularly consume any medication (including mega-
vitamins);
not consume excluded medications or alcohol within the
specified exclusion period.
Milk is transported to the milk bank frozen. The milk from

several donors is pooled after thawing, and then heat-treated to
kill any bacteria or viruses. The milk is processed and then
refrozen. It is only dispensed after a sample is cultured and
shows no bacteria growth. Milk is shipped frozen by overnight
express to hospitals and to individual recipients at home. The
milk is dispensed by physician prescription or by hospital
purchase order only. There is a processing fee charged to cover
39
Random House Unabridged Dictionary.
209
the expense of collecting, pasteurizing and dispensing the

milk.40
In Islam, breast feeding creates a bond similar to a lineage
bond, and forbids according to Muslim jurists, exactly the same
which is forbidden due to actual lineage relationship. One of the
goals of the Sharah is to safeguard the lineage of a person
whereas the milk banks lead to mix up and doubt. The social
structure in the Muslim world is such that it can fulfill the needs
of a premature or weak child in need of natural breast feeding
from human milk (in some special cases), thus, eliminating
dependency on the milk banks. Accordingly, the establishment
of milk banks should be prohibited in the Islamic world, and it
is prohibited to feed a Muslim child with milk from these
banks.41
Plastic Surgery
Plastic surgery is 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). There are two types of plastic surgery:
a) Cosmetic surgery: this is performed to reshape normal
structures of the body to improve the persons appearance, like
facelifts (a medical operation in which the skin of a persons
face is tightened in order to make him or her look younger) and
attempts to reverse the signs of aging, and surgery of breasts (to
increase or decrease the size of the breasts).
This kind of plastic surgery is not allowed by Islam
because it is a kind of deception and its aim is to change and
temper with the creation of Allah for reasons of human vanity.
This is addressed by the following adth:
40
For information on milk banks, see <http://www.hmbana.org/index.php?
mode=home>
41
See Resolution No. 6 (6/2) concerning milk banks in the Resolution and
Recommendations of the second session of the Council of Islamic Fiqh
Academy, Jeddah (Kingdom of Saudi Arabia) held from December 22 to
28, 1985.
210

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Abdullah ibn Masd reported that Allah had cursed
those women who make tattoos 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. This news reached a woman of the tribe
of Asad who was called Umm Ya'qub and she used to
recite the Qurn. She came to him and said: What is this
news that has reached me from you that you curse those
women who tattoo and those women who have themselves
tattooed, the women who pluck hair from their faces and
who have their facial hair plucked, who make spaces
between their teeth for beautification changing what Allah
has created? Thereupon 'Abdullah said: Should I not curse
one upon whom Allahs Messenger (saw) has invoked
curse and that is in the Book also. Thereupon that woman
said: I read the Qurn from cover to cover, but I did not
find that in it. Whereupon he said: If you had read
(thoroughly) you would have definitely found this in that
(as) Allah, the Exalted and Glorious, has said: What
Allahs Messenger brings for you accept that. And what he
has forbidden you refrain from that. (adth, Muslim)
b) Reconstructive surgery: this is performed on abnormal

structures of the body caused by congenital defects (defects that
211
exist since or before birth), developmental abnormalities,

injuries (trauma), infection, tumours (a mass of cells growing in
or on a part of the body where they should not, usually causing
medical problems), or diseases. Congenital faults include
abnormally turned-out lips, split lips, twisted fingers or toes.
Faults that result form illnesses include the scars left by leprosy
or other skin diseases, or scars caused by accidents and burns.
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. The
following is the comment of Imm al-Naww on aforesaid
adth:
The woman who tattoos is one who uses a needle or
similar implement to prick the skin of the hand, wrist,
lips or other part of a womans body until she draws
blood, then she puts dye into the wound. It is arm to
do this or have it done by choice. Similarly, plucking or
removing hair from the face is also arm, whether one
does it or asks someone to do it for one, unless a woman
has a beard or moustache, in which case it is not arm
to remove it. Widening the gaps between the teeth is
done by filing between the incisors. This is done by old
women to give the appearance of youth and make the
teeth look beautiful, because this attractive gap between
the teeth is a characteristic of young girls. When a
woman gets old, her teeth get big and look ugly, so she
may file them to make them look more attractive and
give the impression that she is younger it is arm to
do this or to have it done by another, because of the
adth, and because it involves changing what Allah has
created, and is a form of deception and falsehood.
Widening the gap between the teeth is done to make a
person look beautiful, which indicates that what is arm
is when this is done in the pursuit of beauty, but if it
were done as a form of treatment because of some
problem or deformity in the teeth, then there is nothing
wrong with it. And Allah knows best. (al-Naww,
Commentary on Sa Muslim, 13/107).
212
Euthanasia (mercy killing)

The term euthanasia is a combination of two Greek words
Eu and Thanatos meaning a gentle and easy death.42 As such
it has no unfavorable ethical or religious implications. It is the
meaning which the word has acquired as mercy killing that
needs to be considered. Some of its definitions are as follows:
1- A quiet, painless death.43
2- The intentional putting to death by artificial means of
persons with incurable or painful diseases.44
3- The act of killing someone painlessly, especially to
relieve suffering from an incurable illness.45
Any discussion of euthanasia must accept the fact that it

involves some form of active killing.46
Types of Euthanasia:
There are two types of euthanasia: Active and passive. Below is
the meaning of each of these.
a) Active euthanasia
Active euthanasia is usually taken to be an action performed
within a medical setting, which is done with the intention of
terminating a human life. It is an active intervention by a
doctor to end life.47
b) Passive euthanasia
Passive euthanasia tends to be used to describe the withdrawal
or withholding of some necessary treatment for the maintenance
42
Ahmed Abdel Abdel Aziz Yacoub, The Fiqh of medicine: Responses in
Islamic jurisprudence to developments in medical science, (London: Ta-
Ha Publishers Ltd., 2001), p. 159.
43
Stedmans Medical Dictionary
44
Ibid.
45
Collins English Dictionary
46
J. K. Mason and R. A. McCall Smith, Law and Medical Ethics, 4th ed.,
(London: L Butterworths, 1994), p. 316.
47
Abdel Aziz Yacoub, The Fiqh of Medicine, pp. 160-161.
213
of human life. It refers to a decision not to prolong life or a

non-treatment decision.48 For example,
1- Letting a person die by taking no action to maintain his
life, like stopping to give medications to one whose life is
dependent on it.
2- Withholding medical or surgical procedures and life-
support systems.
Euthanasia is also categorized as follows: Voluntary,

involuntary, and non-voluntary.49
1. Voluntary euthanasia is a death brought about by an agent
at the request of the person who wishes to die.50
2. Involuntary euthanasia is the killing of someone who
could consent but does not. Such an action is
indistinguishable from criminal homicide and the claim
that the motive for the killing is in the best interests of
the victim is irrelevant.51
3. Non-voluntary euthanasia is the killing of an individual
who has no capacity to understand what is involved, again
out of kindness or a consideration of the patients best
interests.52
People who are involved in Euthanasia usually are:

1- Patients in a persistent vegetative state who are awake but
are not aware of themselves or the environment. Such
patients have no higher brain functions and are kept alive
on artificial life support, such as respirators, heart-lung
machines, and intra-venous nutrition.
2- Patient in terminal illness who may or may not be subject
to life-support machine.
3- People suffering from great pain.
48
Ibid., p. 60
49
Ibid.
50
Ibid.
51
Ibid.
52
Ibid.
214
All religions, revealed or non-revealed, are categorically

opposed to euthanasia and regard it as an act of murder. There is
no difference between killing a healthy person and a terminally
ill patient. The prohibition of euthanasia in Islam is based on the
following Qurnic verses:
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Nor take life - which Allah has made sacred - except
for just cause. And if anyone is slain wrongfully, we
have given his heir authority (to demand qia or to
forgive): but let him not exceed bounds in the matter
of taking life; for he is helped (by the Law). (al-
Isr: 33)
Organ Transplantation53
It is reported that the Prophet (p.b.u.h.) allowed Arfaja ibn Sad
to have a nose made of gold when he lost his nose on yawm al-
Kilb (a battle, which took place between Kfa and Bar).54
Medical science in its search for cures looked for replacement
of lost parts or functions. The first human organ transplantation
to be performed successfully was kidney transplant (1954)
followed by liver (1960), heart (1967), combined heart-and-
lungs (1986), triple: liver, pancreas, and bowel (1996), and
combined kidney-pancreas (1998).55
Transplantation as an operation in which the tissues of an
organ are transferred from one body or body part to another
was not known at the time of the Prophet (saw). Insofar as
organ transplantation in itself is concerned, one ought to bear in
mind that both the Qurn and Sunnah neither sanction it nor
condemn it. Therefore, what normally happens is that in all
53
Some of the material in this chapter has been profusely borrowed from
Abul Fadl Mohsin Ebrahims book entitled Organ Transplantation:
Contemporary Islamic Legal and Ethical Perspectives, (Kuala Lumpur: A.
S. Noordeen, 1998).
54
Sunan Ab Dwd, 1973, vol. 4, p. 434.
55
Yacoub, The Fiqh of Medicine, p. 256.
215
matters that have not been specifically dealt with in these two
original sources, there are bound to be differences in opinion, as
will be illustrated.
Organ means any part of the human body, tissue, cells,
blood and others, such as the cornea, whether still part of the
body or removed from it. Usefulness which is the core of the
matter is the benefit accruing to the beneficiary, which enables
him or her to remain alive, or to have a basic function of his or
her body restored, whether it is eyesight or otherwise, provided
that the beneficiary enjoys a respectable life from the Sharahs
point of view. Transplantation includes transplanting an organ
from the body of a living person, a dead person, or from a
foetus.56
Views of Muslim Scholars on Organ Transplantation

The views of Muslim scholars on organ transplantation are of
two kinds: opposing and supporting. Below is the discussion of
each of the views.
- The Opposing View
Some Muslim scholars regard organ transplantation
unpermissible on the basis of the following arguments:
(1) impurity of mutilated human organs, being forbidden;
(2) the human beings are not the owners of their own selves; and
(3) the human body is an amnah (trust) from Allah (s.w.t.) given in
ones possession,57 such a procedure would be like subjecting the
human body to material ends58 and avoiding the doubtful.59
56
For a detailed treatment of the subject of permissibility or otherwise of
organ transplantation and other related issues, see Resolution No. 26 (1/4)
in the Resolutions and Recommendations of the fourth session of the
Council of Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia)
held from February, 6 to 11, 1988.
57
Maulana Khalid Saifullah Rahmani, Transplantation on Human Organs
in Contemporary Medical Issues in Islamic Jurisprudence, edited by Qazi
Mujahidul Islam Qasmi, (Kuala Lumpur: A.S. Noordeen, 2007), p. 4.
58
See Mufti Muhammad Shafi, Insani Azai ki Paivandkari Shariaat
Ialamiyyah ki roshni main, (Karachi: Dar al-Ishaat, 1967), pp. 29-38.
59
See Abd al-Salm al-Shukri, Naql al-A al-damiyyah Min Manr al-
Islm, (Nicosia, Cyprus: Al-Dr al-Miriyyah li al-Nashr wa al-Tawzi,
1989), pp. 137-137.
216
- The Supporting View

Some Muslim scholars advocate the permissibility of organ
transplantation arguing that it is a form of altruistic service to
fellow Muslims.60
It is to be remembered that Islam is always practical for
the good of the people (malaah). This accounts for the
following juridical rules.61
1- Necessity makes the unlawful permissible.
2- When two interests conflict, let the one which will bring
greater benefit take precedence.
3- Consideration of the lesser of the two evils.
4- Difficulties open the way for ease.
Therefore, if the general gain outweighs the negative aspect of

an action, then the action is allowed, but if the negative
consequences of such an action outweigh the good, then it is
prohibited. In light of the above, after a person has died, it
would be justified to retrieve the desired organs from that
persons body for the purpose of transplanting it into that of
another living person. This act would be regarded as a
commendable gesture since as a result of doing this, the quality
of life of the living would be enhanced.
It ought to be noted, however, that Muslim scholars who
advocate the permissibility of organ transplantation do not give
blanket approval for the practice. They are of the view that the
permissibility of organ transplantation should be hedged with
certain restrictions as enumerated below:62
1- That the transplant of organs is the only means of
treatment.
60
For example, see the arguments put forth in favour of organ
transplantation by Shaykh Abd al-Ramn al-Bassam, and Dr. Shaykh
Rashd Ri, Zirat al-A al-Insniyyah f Jism al-Insn in Majallah
al-Majma al-Fiqh. Makka: Rabiat al-lam al-Islm, 1408 AH/1987.
Issue no.1, pp. 13-22, passim 27-33.
61
Imm Muammad Ab Zahrah, Ul al-Fiqh, (Cairo: Dr al-Fikr al-
Arab, n.d.), pp. 299-301.
62
Fayl Ibrhm hir, iwr Maa abb Muslim (Cairo: al-Rislah, n.d.), p. 83.
217
2- The expected degree of success of this procedure is

relatively high.
3- The consent of the owner of the organ or of his heirs has
been obtained.
4- Death must have been fully established by Muslim
doctors of upright character before such a venture is
undertaken.
5- The recipient patient has been informed of the operation
and its implications.
A living persons gesture to donate one of his organs, for

example one of his kidneys to another person who may be in
dire need of it should be viewed as an act of altruism. However,
in such cases, the following conditions, need to be observed.63
1- The consent of the donor must be obtained.
2- The transplant is the only form of treatment possible.
3- There is no imminent danger to the life of the donor.
4- The respective transplant has been proven successful in
the past.
Moreover, it should be noted that a vital organ like the heart

cannot be donated as this would result in the death of the donor.
If a person gives permission for the transplantation of his/her
vital organ into someone elses body, this is tantamount to
suicide. On the other hand, if a person has not given his/her
consent, then the people who undertake doing such a transplant
would be guilty of taking the life of a human being without any
justifiable cause.64
Transplant of Genital Organs

Since the testicles and ovaries continue to bear and discharge
hereditary attributes to the donor, even after they are
63
Ibid., p. 85.
64
Jad al-aqq Al Jad al-aqq, Buth wa Fatw Islmiyyah f Qay
Musarah, (Cairo: Muassasah Dr al-Tawun l al-Tabi wa al-Nashr,
1994), vol. 3, p. 428.
218
transplanted in a new recipient, their transplant is prohibited by

the Sharah.65
Sale of Organs
Insofar as the selling of human organs is concerned, Muslim
scholars concur that such sale would be unlawful based on the
following reasons:
1- A person cannot trade in something of which he or she is
not the owner.66 The body of a personliving or dead
belongs to Allah (s.w.t.) alone. It follows, therefore, that
no one, has any right to sell, donate or dispose of another
persons body (organs included).
2- Such a practice would be exposed to abuse in the sense
that it could result in a persons organs being sold in the
market like any other commodity.67
Transsexualism
A typical medical definition of transsexualism would be along
these lines: A transsexual is someone who experiences a deep
and long-lasting discomfort with their anatomical (genital) sex,
and wishes to change their physical characteristics, including
genitals, to the opposite of those usually associated with their
anatomical sex, and to live permanently in the gender role
opposite to that normally associated with their anatomical
sex.68
What is gender? The term gender is used to distinguish
between what is considered as masculine or feminine.
Gender identity is determined by biological factors such as
sexual organs, physical appearance (shape of the body),
hormones, and other factors. They are also ascertained by
65
See Resolution No.57/8/6 on transplantation of genital organs in the
Resolutions and Recommendations of the sixth session of the Council of
Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia) held from
October 14 to 20, 1989.
66
See al-Muslimn, a Saudi Arabian Newspaper, 9-15 Rabi al-Akhir, 1406
A.H./21-28 December, 1985, p. 85.
67
Shafi, Insani Azai ki Paivandkari, p. 22.
68
See <http://www.looking-glass.greenend.org.uk/primer.htm>
219
characteristics, attributes, behavior, dress, mannerism, speech

patterns, and interaction. There may be at times psychological
factors resulting in a feeling or desire of someone to express
his/her gender identity in a form, which is not in conformity
with his/her biological sex.
Allah has created two sexes; males and females, and they
are both highly respected in Islam, the religion that strictly
forbids gender discrimination. In Islam, men and women are
equals in the sight of Allah. Therefore, there is no justifiable
reason for what is called sex change operations.
Is sex change allowed in Islam? To this question, Sheikh
Muammad Iqbl Nadaw, Imm of the Calgary Mosque,
Canada, and Former Professor at King Saud University, Saudi
Arabia answers by explaining that Almighty Allah created
humans in two genders only, male and female.69
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female. (53:45)
Further, Allah (s.w.t.) the Almighty, also said that He created

every human being with firah (nature) that suits him or her.
Since firah is an inbuilt system designed to suit every creation,
the firah of a male is different from the firah of a female.
Allah, Exalted be He, also made it clear to us that when Satan
challenged to deviate humans, he said he would order them to
change the creation of Allah (al-Nis: 119). Every rule, the
69
See <http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-
English>
220
Shaykh explains, has an exception; so the hermaphrodite70

gender is an exception, and as it indicates, it is not a standard,
but only a sign of Allah's power of creation, for a wisdom He
knows better.
The Prophet (p.b.u.h.) has invoked the curse of Allah, the
Almighty, upon a male who imitates a female or vice versa.
This adth is about the matters of dressing and fashion,
but it also explains the importance of gender in Islam. So, if an
imitation in outward appearance is counted as a sin, then by
qiys (analogy), a total change in gender will be an even more
sinful act. This means that Allah, the Almighty, created each of
us in one gender and in one shape. Although a Muslim may
prefer to be of the opposite gender, but as a believer, he or she
must accept the destiny prescribed by Allah (s.w.t.).
Thus, it may be concluded that the gender change is not
an option permissible in Islam, and doing so will be tantamount
to tampering with Allahs creation.
70
Hermaphrodite: one who has both male and female sexual organs. In such
a case, a medical treatment can be sought to unify one gender. In this case
it will be a correction, and not a change in the creation of Allah, the
Almighty.
221
222
CONCLUSION
The collectivity to which one belongs expects a certain standard

behavior from its members. A behavior below par is viewed as
bringing a bad name to the collectivity. Affiliation to a
collectivity is a strong reason why many members of groups
find themselves compelled to behave well. However, in Islam
religion adds to the main reasons. The Qurn emphasizes that
the good conduct of the believing Muslim should always be
inspired by an urge to seek the pleasure of Allah. It is not only
meant to gain worldly benefits. However, for an act to qualify
as ethical and virtuous, it must be done with the intention of
pleasing the Almighty. This intention is not only required to be
cultivated in acts traditionally known to be religious, but in all
others seeking to be qualified as ethical.
The Qurn reminds man of the basic ethical values with
the implication that if man consciously deviates from such
values, he shall then have no excuse to defend himself from
facing the consequences of such deviation.
Islam looks at adherence to moral principles and values as
a direct requirement of the articles of faith, irrespective of the
volume of cost that has to be borne or of the benefit that may be
lost. The declaration of mn (religious conviction), which is not
followed by good deeds, in the eyes of Islam, is either hypocrisy
or ignorance.
A person who truly believes in the Islamic articles of faith
(al-Tawd, al-Rislah and al-khirah) cannot be unmindful of
the practical requirements of these articles of faith. Ignorance of
the practical requirements of these articles of faith, translates
into ignorance of the articles of faith themselves. Furthermore,

being unmindful of fulfilling these requirements practically
refutes the very existence of true mn in ones heart.
The knowledge of good and evil, i.e. the standard of
distinguishing good from evil, is a part of the sapient sense of
man. This sapient sense includes, besides many other concepts,
moral concepts like justice, truthfulness, honesty, helping the
weak, freedom in ones personal matters and others. It is quite
possible though, that there is a difference in the application of
these concepts in practical life situations, yet the concepts
themselves have never been questioned and are, and have
mostly remained, universally accepted. It is for this reason that
ethical values like justice, honesty, trustworthiness and
truthfulness and the like, have never even been questioned
philosophically, even if there is a considerable practical
deviation from these values or a huge difference in the practical
application of these values.
It should be emphasized that ethics plays a profound role
in shaping the values promoted by any profession. Every
profession promotes some values based on its nature and scope.
Nevertheless, there is some consensus among moralists that
there are values that are common to all professions, except that
these common values have their own interpretation in respect of
the chosen profession.
A clear understanding of fiqh and ethics in our daily lives
is an urgent need of our times. We have to make a firm resolve
to master the Islamic ethical principles and to internalize ethical
values as part of our existence. We sincerely hope and pray that
this humble work is at least a small step in that direction.
224
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236
INDEX
153, 154, 155, 162, 163, 164, 165,

166, 181, 190, 191, 193, 194, 195,
A 197, 199, 200, 210, 211, 212, 215,
Al ibn Ab lib, 22 216, 219, 220, 221, 223
aql, 14 al-marf, 49, 50, 52, 53, 54, 55, 58,
azl, 191, 192, 193, 194 59, 63, 65
Ab anfah, 17 al-Mamn, 17
Ab Dwd, 215 al-muktasibah, 18
Abortion, 198, 200, 201, 202 al-munkar, 49, 51, 52, 54, 55, 56, 57,
Adab, 36, 95, 124, 126, 230 58, 59, 60, 62, 63, 64, 65
adillah taflyah, 18 al-adl, 14
al-ussayn al-Nr, 6 al-nahy, 49, 52, 53, 54, 55, 58, 59,
al-amr, 49, 52, 53, 54, 55, 58, 59, 63, 63, 65
65 al-amalyah, 18
Al-Ashar, 10 al-Wqid, 4
al-birr, 43, 44, 45, 47 Amnah in domestic life, 28
al-Bukhr, 5, 48, 70, 94, 95, 112, Amnah in meetings and keeping
118, 119, 120, 124, 126, 192, 230, secrets, 29
232 amnah of taklf, 27
al-Frb, 8, 194, 232 Amnah of wealth and abilities, 31
al-Ghazl, 51, 54, 192, 226 Anr, 70, 180
Allah, 4, 5, 9, 11, 16, 20, 24, 25, 26, Artificial insemination, 203
27, 28, 29, 30, 31, 33, 34, 35, 36, thr, 16
37, 38, 39, 40, 41, 44, 45, 46, 47, Asharite, 10, 13
48, 49, 50, 51, 52, 53, 54, 55, 56, Ashariyah, 10, 13
57, 58, 59, 60, 61, 62, 63, 64, 67,
70, 72, 73, 74, 75, 79, 80, 81, 82, B
83, 84, 86, 87, 88, 89, 90, 91, 93,
95, 96, 98, 100, 102, 103, 105, Balance, 41
106, 107, 108, 109, 110, 111, 112, Bay, 119, 120, 157, 168, 178
113, 114, 115, 116, 117, 118, 119, Bay Muajjal, 157, 178
120, 121, 123, 124, 125, 126, 127, Bay Salam, 157, 178
128, 129, 130, 131, 132, 133, 136, Biomedical, 187, 188, 193, 194, 203,
140, 144, 145, 149, 150, 151, 152, 226
Birth Control, 195 Ethics in Sufism, 5

Business Ethics, 233 Ethics in the adth, 4
Ethics in the Qurn, 2
Euthanasia, 213, 214
C Evil, 108
Character, 8, 53, 229
Charge Card, 183, 184, 186 F
Children, 61, 144, 154, 191
Classical Islamic Discourse on Faith, 58, 149
Ethics, 6 Falsafah, 7, 8
Cloning, 205 Family, 67, 68, 80, 81, 82, 84, 87, 93,
Companions, 16, 17 94, 95, 124, 150, 191, 193, 225,
Contraception, 189 226, 227, 229, 230, 232, 235
Contraceptive Methods, 193 faqh, 17, 18
Cosmetic surgery, 210 faqr, 6
Creator, 52, 97, 133, 135, 139 Fasd, 166
Credit Card, 183, 185, 186 Fazlur Rahman, 3, 228
Current Accounts, 174, 175 firah, 2, 133, 142
Financing, 174
Fiqh, 11, 15, 16, 17, 19, 20, 22, 76,
D 181, 187, 195, 196, 203, 204, 206,
Debit Card, 183, 185 210, 213, 215, 216, 217, 219, 226,
dhikr, 144 229, 233, 234, 235
Divine, 6, 43 Foetal gender selection, 208
diyyah, 201, 202 Forbidding, 51, 229
Dress, 76 fuqah, 17
Duties of Lawyers, 106 fur, 16
Duties toward children, 93
G
E Gender, 188, 219
Earth, 138, 143, 232 gharar, 180, 181, 182
Ectogenesis, 205 ghurrah, 201, 202
Egg Transfer, 205 God, 2, 3, 4, 6, 9, 10, 11, 27, 35, 36,
Embryo Adoption, 205 47, 64, 68, 71, 82, 97, 109, 111,
Environment, 133, 134, 136, 137, 116, 133, 135, 137, 138, 139, 140,
138, 142, 143, 144, 150, 151, 155, 141, 143, 144, 147, 148, 151, 154,
225, 226, 230, 231, 234, 235 162, 168
Environment and the objectives of Good, 6, 53, 110, 226, 229
Sharah, 155
Environmental Ethics, 137, 141, 142, H
225, 231
Environmentalism, 139, 228 all, 43, 109, 110, 112, 182, 189
Ethics, 1, 2, 3, 4, 5, 8, 11, 76, 97, alm, 3
100, 109, 125, 187, 198, 213, 225, arm, 74, 76, 77, 109, 110, 111,
227, 228, 229, 230, 231, 233, 234, 112, 120, 141, 168, 181, 189, 200,
235 207, 212
Ethics in Falsafah, 8 usn al-khulq, 4
Ethics in Fiqh, 11 Habitat, 143
Ethics in Kalm, 8 Hellfire, 99, 111, 147, 148
238
Index
Hijrah, 17, 20 227, 228, 229, 230, 231, 232, 233,

Hoarding, 115 234, 235
Human Beings, 135 Islamic, 1, 2, 4, 5, 7, 8, 9, 10, 11, 12,
Human Beings and the Environment, 13, 14, 15, 16, 17, 18, 19, 20, 21,
135 22, 24, 33, 34, 36, 43, 45, 49, 50,
51, 53, 58, 60, 64, 65, 67, 68, 69,
71, 73, 74, 75, 76, 77, 81, 82, 83,
I 85, 86, 96, 97, 98, 99, 100, 109,
mn, 26, 27, 45, 46, 127, 131, 168, 114, 125, 134, 136, 137, 138, 139,
223, 224 141, 142, 143, 144, 145, 148, 153,
thr, 6 156, 157, 158, 159, 162, 164, 166,
Ibn Hishm, 4 168, 169, 170, 171, 172, 173, 174,
Ibn Isq, 4 175, 176, 177, 178, 179, 180, 181,
Ibn Abbs, 85, 147, 170 182, 183, 187, 188, 189, 191, 192,
Ibn Umar, 80, 147 193, 194, 195, 196, 200, 203, 204,
Ibn Rushd, 8 206, 208, 210, 213, 215, 216, 219,
Ibn Sad, 4 223, 224, 225, 226, 227, 228, 229,
Ibn Sn, 8 230, 231, 232, 233, 234, 235
ilm, 1, 2, 3, 4 Islamic civilization, 156
illah, 157 Islamic worldview, 139, 141, 148
ilm, 6, 16, 17, 18 istilh, 12
ilm al-akhlq, 6 itqn, 24
iwa, 158
isn, 3, 95 J
Ijrah, 112, 157, 178
ijm, 12, 15, 21 jahl, 1, 2
ijtihd, 16, 21 jd, 2
Imm al-Bukhr, 4, 94, 95, 118, 126 jhil, 2
Imm Muslim, 4 jhiliyyah, 1
In vitro fertilization, 204 jihd, 195
Infanticide, 193 Judges, 36, 98, 99, 226
Infertility, 203 Judgment, 13, 30, 38, 100, 102, 108,
Injunctions on Rib, 163 121, 129, 130, 147, 148
Injustice, 38, 168 Jurisprudence, 16, 17, 143, 216, 226,
imr, 143 229, 231, 233
Isfahn, 8 Justice, 9, 33, 34, 35, 36, 37, 99, 100,
Islam, 2, 3, 4, 6, 8, 9, 10, 13, 14, 15, 107, 226, 227, 228, 231, 233
16, 18, 20, 21, 22, 24, 29, 30, 33,
36, 45, 49, 50, 51, 53, 55, 57, 63,
64, 65, 67, 68, 69, 70, 71, 72, 73,
K
74, 75, 76, 77, 81, 82, 83, 84, 85, Kalm, 8, 17
87, 90, 91, 93, 94, 95, 96, 98, 99, karam, 2
100, 105, 108, 109, 110, 112, 114, kfir, 2
115, 116, 117, 119, 120, 123, 124, Khalwah, 69
125, 126, 128, 129, 137, 138, 139, Khawrij, 22
141, 142, 144, 145, 147, 148, 149, khilfah, 139, 140
150, 151, 152, 153, 154, 157, 159, Kitb al-abaqt, 4
160, 161, 168, 174, 175, 188, 189, Kitb Srat Rasulallah, 4
190, 193, 196, 197, 208, 210, 215, kufr, 2
216, 217, 220, 221, 223, 225, 226,
239
L Nature, 136, 154, 234

N (Noah), 137
Lawyers, 99, 105, 226 nsik, 5
Legal ethics, 97
Leniency, 120
Life insurance, 181
O
Light, 6, 35 Oaths, 121
M P
Madnan, 20 Pagan, 94
madhhib, 15, 21, 22, 200 Parents, 95
Madhhab, 15 Philosophy, 9, 10, 231, 235
Malaah, 171 Plastic surgery, 210
Makkan, 20 Praise, 35
makrh, 189, 192 Prohibition of Rib, 158, 161, 162,
Man, 3, 14, 24, 58, 133, 136, 141, 165, 166, 230
154, 234 Prophet, 2, 4, 8, 10, 11, 15, 16, 17,
mandb, 189 19, 20, 21, 22, 25, 26, 27, 28, 30,
Maqid al-Sharah, 171 31, 33, 36, 39, 41, 47, 48, 50, 51,
maqmt, 6 52, 53, 56, 57, 59, 60, 62, 64, 70,
Mawdd, 13, 14, 234 73, 74, 78, 79, 80, 81, 82, 83, 84,
maysir, 180 85, 86, 88, 90, 91, 92, 93, 94, 95,
Meaning of Amnah, 23 96, 98, 99, 101, 103, 109, 110,
Meaning of Justice, 33 111, 112, 113, 114, 115, 116, 117,
Medieval, 12 118, 120, 121, 124, 126, 127, 129,
Mlik, 15, 192 130, 131, 132, 135, 137, 138, 139,
Milk bank, 209 146, 147, 148, 149, 152, 153, 165,
Milk Bank, 209 168, 170, 178, 180, 187, 189, 190,
Miller, 134, 139, 151, 231 191, 192, 193, 195, 197, 200, 215,
Mischief, 138 221, 228
Miskawayh, 8 Public prosecutors, 104
Mohammad Asad, 151 Punishment, 110
Morality, 233
mub, 189, 192
Muhjirn, 180 Q
Muammad Abduh, 12, 13, 232 Qar asan, 157, 179
Murabah, 157, 171, 175, 176 qiys, 9, 11, 15
Murib, 171
Mutazila, 3
Mutazilah, 9, 10, 13, 17 R
Mutazilite, 9, 10, 14
Rashd Ri, 12
muqallid, 18
Reconstructive surgery, 211
Murbaah, 157, 177
Relation, 142, 231
Mushrakah, 157, 176, 177
Relationship, 76, 135
Resources, 24, 151
N Revelation, 1, 13
Rib, 120, 157, 158, 159, 160, 161,
nafs, 6 162, 163, 165, 166, 167, 168, 169,
Naguib Mahfouz, 12 170, 171, 178, 180, 181, 182
Nair al-Dn al-s, 8
240
Index
Rib al-fal, 159 U

Rib in the Mercantilist Era, 161
Rib in the Middle Ages, 160 ul, 12, 14, 16
Rib in the Roman Empire, 160 ul al-fiqh, 12, 14
Righteousness, 5, 45 Umayyad, 22
Rislah, 11, 106, 230 Ummah, 22, 39, 53, 54, 55, 58, 63,
Rislat al-Tawd, 13, 232 67, 128, 130
S W
sakh, 4 waklah, 179
Satan, 63, 70, 74, 119, 154, 164, 220 Water, 149, 150
Sayyid Amad Khn, 13 West, 45, 203, 233
Science, 141, 226, 235 Western, 156
Srah, 4 Wisdom, 8, 67, 89, 231
Sharah, 15, 18, 19, 20, 21, 58, 83, Worldview, 138
85, 86, 98, 99, 138, 143, 144, 145,
155, 156, 157, 168, 171, 173, 174,
176, 178, 180, 181, 182, 183, 185,
Z
186, 187, 194, 196, 204, 206, 210, ulm, 3
216, 219, 225, 226 zakh, 39, 55
Shar akm, 18 zhid, 6
shujah, 4 zuhd, 6
Social Interaction, 68, 69, 234
Squandering, 153
Sufism, 1, 5, 6, 233
Sunnah, 11, 15, 18, 19, 20, 21, 27,
47, 68, 69, 73, 76, 86, 87, 93, 98,
103, 138, 158, 170, 187, 189, 202,
215, 230, 232
Sunn, 10, 12, 14, 15
Surrogate, 206, 207, 208
T
ussayn, 12
tabarru, 180, 182
Tahdhb al-Akhlq, 8
taawwuf, 1, 18
Takful, 157, 179, 180, 181
taqld, 16
Taqwa, 232
tawakkal, 50
Tawd, 20, 139
Technology, 188
Transsexualism, 219
Trust, 13, 29, 43, 50, 51, 69, 158,
225, 226, 227, 230, 232, 235
Types of Euthanasia, 213
241

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ETHICS AND FIQH FOR

First edition, 2010

All rights reserved. No part of this publication may be reproduced,

Perpustakaan Negara Malaysia Cataloguing-in-P ublication Data

Ethics and Fiqh for Everyday Life: An Isla mic Perspective /

Member of Majlis Penerbitan Ilmiah Malaysia MAPIM

Short Vowels Long Vowels

All praise is due to Allah, the Cherisher and Sustainer of the

exists in Western ethical systems concerning what constitutes

portray the peoples of the region as primitive and aggressive.5 A

Islamic ethics in order to appreciate the sources that have

morals required in professional life with an emphasis on legal

subnah wa tal bless with His acceptance and grace the

The discussion on the evolution of Islamic ethics begins with the

Ethics in Pre-Islamic Arabia

Connected to this blind anger is the pagan quality of murah or

Ethics in the Qurn

latter term also means ungrateful, suggesting the kfirs

Ethics in the adth

None of you (truly) believes until he wishes for his

Righteousness is good morality and wrongdoing is that

Do not envy one another; do not inflate prices one to

The early Sufis were preoccupied with moral purity and

Classical Islamic Discourse on Ethics

on issues related to personal character and the cultivation of

and took a theological30 approach to ethics. Scholars in this field

It would be unjust for God to impose such a trial unless there is

blameworthy and which are worthy of praise. God has also

mind is that some examination of the question of human free

opinion), istisn (juristic preference), and istil, a type of

patterns of investment, but also in religious thought. In his

in every department of life. Here we do find ethical

The fundamental underlying principle of Islam as presented by

The evolution of fiqh1 over the ages is the topic of discussion in

organization of fiqh into ul6 and fur, the sources of Islamic

be used exclusively to mean knowledge of the law. Fiqh, by its

period, the term fiqh came to be restricted to the corpus of

Then We put you on a straight path in your affairs; so

Islamically, however, it refers to the sum total of Islamic laws

Distinction between Fiqh and Sharah

The Stages of Development of Fiqh

Sunnah acted as a detailed explanation of the general principles

The Second Stage

The Third Stage

Man is a special creation of Allah (s.w.t.), Who created him as

treatment to the family members. The Qurn reminds mankind

The occasion surrounding the revelation of this verse and the

this responsibility. The verse was followed by guidance for the

The Qurnic concept of amnah and its implication on society

Anas bin Mlik reported that whenever the Prophet

The Messenger of Allah (p.b.u.h.) was reported to have said:

1. The amnah of taklf

Allah states in the Qurn that He offered this amnah to

2. The amnah of returning deposits to their owners

3. Amnah in domestic life

4. Amnah in meetings and keeping secrets

5. Misuse of office is a betrayal of amnah

Islam forbids the exploitation of ones office and taking undue

In another occasion, the Prophet (p.b.u.h.) said:

But one who adheres to the commands of Allah (s.w.t.) in

6. The amnah of wealth and abilities

The Prophet (p.b.u.h.) elaborated more on this issue by

Justice, writes Chandra Muzaffar, is the real goal of religion. It

A) A 4N