WEEK 5 Family Ethics 7/1/2019

The Institution of family in Islam Family is the basic unit of society, therefore Islam lays great emphasis on the family system and its values. The basis of family is marriage. Islam prescribes rules to regulate family life so that both the spouses can live in tranquility, security and love. 7/1/2019

Marriage in Islam has aspects of `ibadah (worship) of Allah (God) in the sense that it is in accordance with His commandments that a husband and wife should love and help each other and rear their children to become true servants of Allah (God). Unlike some other religions that consider celibacy a great virtue and a means of salvation, Islam considers marriage to be one of the most virtuous and approved institutions 7/1/2019

Family in Islam: Basic Principles 1. Family as a Divinely-inspired institution the family and marriage relationship permeated with tranquility, love and mercy and has been described as ‘one of the signs of God’ 7/1/2019

Marriage is among the signs of God's power and blessings Marriage is among the signs of God's power and blessings. The Qur'an says, "And among His signs is that He has created for you spouses from among yourselves so that you may live in tranquility with them; and He has created love and mercy between you. Verily, in that are signs for those who reflect.“ (30:21 ) Commended as the way of the Prophet “marriage is part of my Sunnah – whoever runs away from my path, is not from amongst us.” 7/1/2019

2. Faith and family faith constitutes the bedrock for the institution of the family… a Muslim is not permitted to marry a non-Muslim inheritance is not allowed when both parties do not share the same faith. 7/1/2019

3. Family institution as ‘a social contract’, and not ‘a divine contract’. In the Qur`ān marriage is referred to as ‘ميثاقا غليظا” (strong covenant) 4. The only legitimate way to establish family is through a proper marriage. Sec 30, Jan 3 2007, start from ‘equality’ 7/1/2019

Relationship between men & women - No intimate relationship between men and women only through the way of marriage 7/1/2019

2- People should be dressed properly do.” Measures to avoid intimate relationship outside the bond of marriage 1- Prohibition of looking with desire at the opposite gender 2- People should be dressed properly do.” 3- Prohibition of excessive beautification 4- Prohibition of khalwah 5- Prohibition of boyfriends, girlfriends 7/1/2019

1- Prohibition of looking with desire at the opposite gender {قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ..(30)} (سورة النور) “Say to the believing men that they lower their looks and guard their private parts; that is purer for them; surely Allah is aware of what they do.” (24: 30) 7/1/2019

{وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ...(31)} (سورة النور) “And say to the believing women that they lower their looks and guard their private parts …” (24: 30-31) 7/1/2019

2- People should be dressed properly The use of clothes: - Protection: (16: 81) - Cover ‘awrah: - Beautification: 7: 31 - To tease, excite, attract: (sexy dress) 7/1/2019

a) It must cover the ‘awrah properly What is a proper dress? a) It must cover the ‘awrah properly It is prohibited for a Muslim to expose his/ her ‘awrah to others, as it is prohibited to look at the ‘awrah of someone. “A man should not look at the ‘awrah of another man, nor a woman of a woman, nor should a man go under one cloth with another man, nor a woman with another woman.” (hadith) 7/1/2019

- For a man: from his naval to his knee. - For a woman: The limits of ‘awrah: - For a man: from his naval to his knee. - For a woman: with respect to a man who is not her mahram is her entire body excepting only her face and hands. with respect to a man who is her mahram (except the husband) does not include the following parts: hair, ears, neck, upper part of the chest, arms and legs. 7/1/2019

- Headscarf must cover the bosom Other parts from the knees to the beginning of the upper part of the chest are ‘awrah and should not be exposed before anyone, man or woman except her husband. - Headscarf must cover the bosom {... وَلا يُبْدِينَ زِينَتَهُنَّ إِلاَّ مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ وَلا يُبْدِينَ زِينَتَهُنَّ ...} (النور: 31) “… and do not display their ornaments except what appears thereof, and let them wear their head-coverings over their bosoms, and not display their ornaments…” (24: 31) 7/1/2019

b) It must not be transparent, revealing what is underneath it. In one hadith the Prophet (saw) says: “Two are the types of the dwellers of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would be inclined (to evil) and make people incline towards it… 7/1/2019

Their hair styled like the humps of camels inclined to one side Their hair styled like the humps of camels inclined to one side. They will not enter Paradise and they would not smell its odour whereas its odour would be smelt from such and such distance.” (hadith) c) It must be loose and not tight-fitting so as to define the parts of his/ her body. 7/1/2019

d) It should not be specifically designed for the opposite gender. This type of clothes fall under the previous hadith “dressed but yet naked”. Jeans and other types of trousers worn with sweaters, sweatshirts or T-shirts are considered un-Islamic and it is prohibited for a Muslim woman to wear them outside even during free time. d) It should not be specifically designed for the opposite gender. 7/1/2019

The Prophet (saw) cursed women who try to resemble men and men who try to resemble women, and prohibited women from wearing men’s clothes and vice versa. e) It should not be specifically designed for non-Mulsims (as required by their religion, tradition, or culture). It does not apply to those clothes which are common among people and don’t carry any religious or cultural specifications. 7/1/2019

f) Men should not use gold and pure silk. The Prophet (saw) said: “Whoever imitates a people is one of them.” (hadith) f) Men should not use gold and pure silk. 7/1/2019

3) Prohibition of excessive beautification - Excessive beautification is that which is used to tease people and excite them - Makeup - Strong perfume - Sexy clothes 7/1/2019

{وَلا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِنْ زِينَتِهِنَّ} (النور: 31) “…and let them not strike their feet so that what they hide of their ornaments may be known …” (24: 31) “Any woman who puts perfume and passes by people to smell her odour is sinful (like one who committed adultery)”. (hadith) 7/1/2019

4- Prohibition of khalwah Khalwah means: a man and a woman who are outside the degree of mahram being alone together in a place in which there is no fear of intrusion by anyone else. The term “mahram” denotes a relationship either by close blood ties or by marriage of such degree that marriage is permanently prohibited. A mahram is: husband, any male relative with whom marriage is permanently prohibited (father, grandfather, son, brother, uncle or nephew). 7/1/2019

“Whoever believes in Allah and the Last Day must never be in privacy with a woman without there being a mahram (of hers) with her, for otherwise Satan will be the third person with them” (hadith) “Beware of entering where women are”. A man from the Ansar asked: “O Messenger of Allah, what about the in-law?” He replied: “The in-law is death.” (hadith) 7/1/2019

5- Prohibition of boyfriends, girlfriends - It is against the prohibition of looking with desire at the opposite sex - It entails privacy (khalwah) - This practice is automatically accompanied by having romance or even sex. The alternative for boy/girl-friend - Khitbah (promise/ informal engagement) - Marriage contract (formal engagement) - Consummation of marriage (wedding ceremony) 7/1/2019

Criteria of selecting spouses 1- Religion and good character: Marriage Criteria of selecting spouses 1- Religion and good character: “One may choose a woman as a wife for the following reasons or for some of them: her wealth, her family status, her beauty, and her religion. So you should marry the religious woman otherwise you will be a loser.” (hadith) 7/1/2019

“When someone with whose religion and character you are satisfied asks for your daughter in marriage, accede to his request. If you do not do so there will be corruption and great evil on the earth.” (hadith) 7/1/2019

- social/ economic status - Education - Age - Lifestyle, way of life 2- Compatibility: compatibility in respect of lifestyle, character, way of thinking, social and economic status, and education should be the second criterion for selecting a spouse. - social/ economic status - Education - Age - Lifestyle, way of life 3- Realism and moderation in expectations 7/1/2019

Foundations of marriage contract 1- It must be permanent as humanly as possible: “Do not divorce women only for genuine reasons, for Allah does not like those who are ‘tasters’ who enjoy one partner for a while then shift to another, and so on.” (hadith) 7/1/2019

2- Mutual consent: any decision of marriage should be based on mutual consent of both sides: husband and wife. “A woman who has been previously married (a divorced woman) has more right concerning her person than her guardian, and a virgin woman must be consulted about herself, her consent being her silence.” (hadith) 7/1/2019

“A man during the lifetime of the Prophet (saw) married his daughter, without her consent, to his nephew only for the sake of improving his social status. When she complained to the Prophet (saw) about that, the Prophet (saw) gave her the choice between endorsing and rejecting her father’s decision. Then she said: I endorse what my father had done, but I want women to know that fathers have no right to force their daughters to marry without their consent.” 7/1/2019

4- Equal rights and obligations 3- Reasonable dowry: “The most blessed wives are those whose dowry is affordable.” (hadith) 4- Equal rights and obligations {وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكِيمٌ(228)} (البقرة) “…They have rights similar to those against them (rights of husband) in a just manner, and the men are a degree above them (external authority in the household), and Allah is Mighty, Wise.” (2: 228) 7/1/2019

Mutual rights and obligations 1. To help each other to follow the right way and practice Islam and safeguard him/her against evil and sins. {يَا أَيُّهَا الَّذِينَ آمَنُوا قُوا أَنفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا النَّاسُ وَالْحِجَارَةُ عَلَيْهَا مَلائِكَةٌ غِلاظٌ شِدَادٌ لا يَعْصُونَ اللَّهَ مَا أَمَرَهُمْ وَيَفْعَلُونَ مَا يُؤْمَرُونَ(6)} (التحريم) “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) 7/1/2019

2. To be kind, understanding, forgiving, and treat the other side in a tender and loving manner. عَنْ عَائِشَةَ قَالَتْ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ: :خَيْرُكُمْ خَيْرُكُمْ لأَهْلِهِ وَأَنَا خَيْرُكُمْ لأَهْلِي" (سنن الترمذي: كتاب النكاح). “The best of you are those who are best to their families, and I am the best to my family.” (hadith) 7/1/2019

3. Focus on positive aspects and appreciate them 3. Focus on positive aspects and appreciate them. Avoid focusing on negative ones and try to tolerate them. “A believer should not hate his wife merely because she has some negative points. If he finds some disagreeable things in her character, he will appreciate a lot of her good morals.” (hadith) 4. Every side has to avoid any extramarital intimate relationship, or such relations that may cast suspicion on his/her behaviour. 7/1/2019

Duties towards children 5. To meet the psychological and physical needs of the other side. Duties towards children 1- Selection of good parents 2- Right to legitimacy: legitimate father and mother, prohibition of legal adoption: the right of the child to retain his original family’s name and to know his real parents. 7/1/2019

3- Right to life (prohibition of infanticide, abortion) 4- Right to equal life chances (no discrimination between male and female) 5- Right to general care: material, spiritual, and educational/ intellectual. 7/1/2019

WEEK 6 7/1/2019

Legal Ethics Legal ethics are the principles of conduct that members of the profession are expected to observe in the practice of law. - Judges - Public prosecutors - Lawyers 7/1/2019

1. Judges Who can be qualified as a judge? - A judge must be a conscientious person who is self-determined to serve justice and protect the rights of people. - A knowledgeable person who has acquired all the requisites of being a judge. 7/1/2019

- One who, knowingly, judges with injustice, that is in the Hell Fire. الْقُضَاةُ ثَلاثَةٌ: قَاضِيَانِ فِي النَّارِ وَقَاضٍ فِي الْجَنَّةِ. رَجُلٌ قَضَى بِغَيْرِ الْحَقِّ فَعَلِمَ ذَاكَ فَذَاكَ فِي النَّارِ، وَقَاضٍ لا يَعْلَمُ فَأَهْلَكَ حُقُوقَ النَّاسِ فَهُوَ فِي النَّارِ، وَقَاضٍ قَضَى بِالْحَقِّ فَذَلِكَ فِي الْجَنَّةِ". (الترمذي: كتاب الأحكام). “Judges are of three categories: tow of them in the Hell and one in Paradise. - One who, knowingly, judges with injustice, that is in the Hell Fire. 7/1/2019

- The second is one who is ignorant and judges among people without knowledge, thus he violates their rights. He is also in the Hell fire. - The third one is one who judges with justice. He will be in Paradise.” 7/1/2019

Ethics & values of a judge 1- To judge with justice What is a just decision? a- To do one’s best to reach a just decision “When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.” 7/1/2019

b- To base the decision on the evidence available “You bring to me, for judgment, your disputes and some of you may be more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. Bear in mind that if I slice off anything for him (in my judgment) from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.” c- Self satisfaction that this is the right decision 7/1/2019

2- To administer justice without fear or favour a) Without fear: - To be a person of principles - To be independent to avoid all types of pressure - To be ready to reverse his wrong decisions 7/1/2019

- Should not sit in a case in which: - he has personal interest b) Without favour: - Should not sit in a case in which: - he has personal interest - close relatives involved - Neutral = not influenced by personal enmity - Fair & equal hearing. “When you sit to judge between two litigants, don’t make a decision only after an equal hearing from both sides.” - Avoid accepting gifts/ bribes “Allah cursed the briber and the bribed in making judgments.” 7/1/2019

- Patience; not to misuse his power against litigants or lawyers. - Should not make a decision when his mind is confused with anything that may prevent him from sound thinking. - Patience; not to misuse his power against litigants or lawyers. - To try to get the parties to reconcile whenever there is a chance for that. 7/1/2019

2. Public Prosecutor - To balance between protecting the rights of the society & the rights of the accused. - The punishment sought must be proportional to the offence committed. - To avoid selective prosecution motivated by personal/political affairs - To avoid fabricating evidence or accusations 7/1/2019

- To avoid suppressing pieces of material evidence - Not to prosecute in cases where they have personal affairs, or close relatives involved. - To avoid bribes 7/1/2019

3- Lawyers The idea of advocacy - Lack of legal skills to defend their rights - Complicated laws and procedures Advocacy aims at: - Helping people to get/ defend their rights - Helping the accused to get a fair trial - Helping judges to examine cases and reach just decisions 7/1/2019

Lawyer’s work includes: - To prepare, manage, and either prosecute or defend a court action as an agent for another; - Give advice on legal matters; - Prepare wills, contracts, corporate bylaws; - Bring about the settlement of a case without trial through negotiation, reconciliation, and compromise. 7/1/2019

In legal matters that require court action: - Prepare and file the pleadings in court - At the trial he introduces evidence, interrogates witnesses, and argues questions of law and fact. 7/1/2019

Toward justice & society Towards clients Duties of lawyers: Toward justice & society Towards clients Lawyer’s duty toward justice & society: To secure justice between people a) Not to engage himself in tactics that may defeat the fair administration of justice b) Not to hide the truth c) Not to fabricate evidence 7/1/2019

d) Not to cross-examine an adverse witness in such a way to undermine or destroy his true testimony e) Not to invoke the rules of evidence to exclude points that would weigh against his case which he knows they are true 7/1/2019

Duties toward clients: - To fulfil contracts & promises - To be honest & sincere in defending them - To be honest in advising them - To defend them to the best of his abilities - No right to drop/ waive any right of his client without permission - No admission of guilt on behalf of his client without authorization - No disclosure of confidential communications - To be lenient and helpful towards poor clients 7/1/2019

The policy of a Muslim lawyer in taking cases of court {إِنَّا أَنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ وَلا تَكُنْ لِلْخَائِنِينَ خَصِيمًا(105) وَاسْتَغْفِرِ اللَّهَ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا(106) وَلا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنْفُسَهُمْ إِنَّ اللَّهَ لا يُحِبُّ مَنْ كَانَ خَوَّانًا أَثِيمًا(107) يَسْتَخْفُونَ مِنَ النَّاسِ وَلا يَسْتَخْفُونَ مِنَ اللَّهِ وَهُوَ مَعَهُمْ إِذْ يُبَيِّتُونَ مَا لا يَرْضَى مِنَ الْقَوْلِ وَكَانَ اللَّهُ بِمَا يَعْمَلُونَ مُحِيطًا(108) هَا أَنْتُمْ هَؤُلاءِ جَادَلْتُمْ عَنْهُمْ فِي الْحَيَاةِ الدُّنْيَا فَمَنْ يُجَادِلُ اللَّهَ عَنْهُمْ يَوْمَ الْقِيَامَةِ أَمْ مَنْ يَكُونُ عَلَيْهِمْ وَكِيلاً (109)} (النساء) 7/1/2019

“We have revealed the Book to you with the truth that you may judge between people by means of that which Allah has taught you; and be not an advocate on behalf of those who betray their trust (treacherous). And seek forgiveness of Allah. Surely, Allah is ever Forgiving, Merciful. And do not plead on behalf of those who deceive themselves; surely Allah does not love him who is treacherous, sinful. They seek to hide their crimes from men but they cannot hide them from Allah. He is with them when by night they hold discourse displeasing to Him. 7/1/2019

- Unlawful to attempt to conceal the truth Allah ever surrounds what they do. These are the sort of men on whose behalf you may contend in this world; but who will contend with Allah on their behalf on the Day of Judgment, or who will then be their defender?” (4: 105-109). - Unlawful to attempt to conceal the truth - Unlawful to argue for the innocence of someone who is clearly guilty 7/1/2019

1-The right is with your client Civil cases: 1-The right is with your client 2- The client is wrong/ demanding something which is not his 3- The case is doubtful 7/1/2019

1- The evidence shows the innocence of the client Criminal cases 1- The evidence shows the innocence of the client 2- The case is doubtful Client is claiming to be innocent No concrete evidence against him He is assumed to be innocent until his guilt is proven 7/1/2019

3- The evidence shows his guilt/ admission of guilt The principle: An accused is assumed to be innocent till his guilt is proven Applies to his indictment, conviction, punishment and treatment It does not apply to the prosecution and defence It can’t be a pretext for hiding the truth or trying to mislead the court A lawyer may take the case for: - Assisting the accused to get a fair trial - To represent him as a matter of procedure 7/1/2019

Pardon reputable people for their slips 2- Ta ‘zir offences: 1- Petty offence: Pardon reputable people for their slips 2- Ta ‘zir offences: Get fair trial Mitigating factors 3- Homicide a) Manslaughter, accidental killing - Blood money (diyyah) - Punishment imposed by the state - Kaffarah 7/1/2019

- Punishment imposed by the state - Kaffarah Hudud offences b) Murder - Qisas (retaliation) - Blood money (diyyah) - Punishment imposed by the state - Kaffarah Hudud offences - Confession conclusive - Evidence not conclusive - Ta’zir 7/1/2019

WEEK 7 7/1/2019

Business Ethics - Who is better: a rich Muslim or a poor Muslim? - What are the limits of using wealth in Islam? - What about Zuhd and Qana‘a (austerity and contentment)? 7/1/2019

- Islam encourages people to acquire wealth and live a prosperous life Wealth in Islam: - Islam encourages people to acquire wealth and live a prosperous life - All things created by Allah are for the us to enjoy them but in a reasonable way 7/1/2019

{يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الأَرْضِ حَلالاً طَيِّبًا وَلا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ إِنَّهُ لَكُمْ عَدُوٌّ مُبِينٌ (168)} (سورة البقرة) “O you people: eat of what is on the earth, lawful and good, and do not follow the footsteps of the evil one.” (2: 168) {كُلُوا وَاشْرَبُوا مِنْ رِزْقِ اللَّهِ وَلا تَعْثَوْا فِي الأَرْضِ مُفْسِدِينَ(60)} (سورة البقرة). “Eat and drink of the sustenance provided by Allah, and do no evil nor mischief on the earth.” (2: 60) 7/1/2019

The way of enjoying wealth: {يَا بَنِي آدَمَ خُذُوا زِينَتَكُمْ عِنْدَ كُلِّ مَسْجِدٍ وَكُلُوا وَاشْرَبُوا وَلا تُسْرِفُوا إِنَّهُ لا يُحِبُّ الْمُسْرِفِينَ (31)} (سورة الأعراف) “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) 7/1/2019

- Do good to others as Allah has done good to you {وَابْتَغِ فِيمَا آتَاكَ اللَّهُ الدَّارَ الآخِرَةَ وَلا تَنسَ نَصِيبَكَ مِنْ الدُّنْيَا وَأَحْسِنْ كَمَا أَحْسَنَ اللَّهُ إِلَيْكَ وَلا تَبْغِ الْفَسَادَ فِي الأَرْضِ إِنَّ اللَّهَ لا يُحِبُّ الْمُفْسِدِينَ(77)} (سورة القصص). “And seek by means of what Allah has given you the future abode, and do not neglect your portion of this world, and do good (to others) as Allah has done good to you, and do not seek to make mischief in the earth, surely Allah does not love the mischief-makers.” (27: 77) - Don’t be extravagant - Use it to support noble principles & actions/ to secure a good position on the Day of Judgment - Do good to others as Allah has done good to you - Don’t use it to create mischief on the earth 7/1/2019

Zuhd (austerity/ asceticism) - Zuhd is an Islamic value - Zuhd  poverty - A rich person may be a zahid, while a poor person may not be zahid A zahid is one who: - puts his wealth in his hand a means to achieve ideals & support principles - not in his heart his driving force & ultimate goal 7/1/2019

- Begging in Islam is prohibited “The upper hand is better than the lower one” - Qana’a (contentment) is another basic Islamic value Contentment is: to be happy & satisfied with what you have after doing your best to get the best result Not to look at things which are not yours 7/1/2019

The concept of making halal earnings Basic facts: - People will not be questioned on the Day of Judgment on the amount of wealth they accumulated, but they will be questioned how they got it and how they used it. - Although provision (rizk) is granted by Allah to people based on their work, it is not an automatic result of men’s work. It is given by the will of Allah and every one has a limit. 7/1/2019

مَنْ كَانَ يُرِيدُ الْعَاجِلَةَ عَجَّلْنَا لَهُ فِيهَا مَا نَشَاءُ لِمَنْ نُرِيدُ ثُمَّ جَعَلْنَا لَهُ جَهَنَّمَ يَصْلَاهَا مَذْمُومًا مَدْحُورًا (18) وَمَنْ أَرَادَ الْآخِرَةَ وَسَعَى لَهَا سَعْيَهَا وَهُوَ مُؤْمِنٌ فَأُوْلَئِكَ كَانَ سَعْيُهُمْ مَشْكُورًا(19( (سورة الإسراء)  Whoever desires this life, We readily grant them such things as We will, to such person as We will. And afterward We provided Hell for them; they will burn therein, disgraced and rejected. And whoever desires the hereafter and he strives for it all due striving, being a believer, they are the ones whose striving is acceptable to Allah. 7/1/2019

- Following haram way will never give you, as some people may think, an additional portion of wealth. - And following halal way will not cause you any loss of your portion of rizk. - The principle of halal and haram applies as much to the spending of wealth as it does to its acquisition 7/1/2019

Why some things are haram? يَأْمُرُهُمْ بِالْمَعْرُوفِ وَيَنْهَاهُمْ عَنِ الْمُنْكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي كَانَتْ عَلَيْهِمْ (الأعراف: 157) “…He commands them what is just and forbids them what is evil; he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure); he releases them from their heavy burdens and from the yokes that are upon them…” (7: 157) 7/1/2019

Individual harm physical - Harmful Social haram spiritual definitively - Impure Individual harm physical - Harmful Social haram spiritual definitively - Conducive to haram most likely 7/1/2019

Benefits of halal vs. evils of haram Halal work and the earnings emanated therefrom are a kind of ‘ibadah for which a Muslim will be rewarded. Punishment on the Day of Judgement 7/1/2019

Sadaqah will not be accepted by Allah Whatever is spent out of halal earnings is considered as sadaqah (charity) even what is spent on one’s family Sadaqah will not be accepted by Allah 7/1/2019

“If anyone amasses wealth through haram means and then gives charity from it, there is no regard for him and the burden of sin remains” 7/1/2019

“If a person earns property through haram means and then gives charity, it will not be accepted (by Allah); if he spends it there will be no blessing on it; and if he leaves it behind (at his death) it will be his provision in the Fire. Indeed, Allah (swt) does not eliminate one bad deed by another bad deed, but He cancels out a bad deed by a good deed. An unclean thing does not wipe away another unclean thing.” 7/1/2019

Halal earnings will be blessed by Allah (swt) Blessing will be lifted from it Rejection of du’a دعاء 7/1/2019

Allah's Messenger (saw) as saying: “0 people, Allah is Good and He therefore, accepts only that which is good. And Allah commanded the believers as He commanded the Messengers by saying: "O Messengers, eat of the good things, and do good deeds; verily I am aware of what you do" (23:51). And He said: “0 those who believe, eat of the good things that We gave you" (2:172) 7/1/2019

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 du‘a : “O Lord,0 Lord,” whereas his food is unlawful, his drink is unlawful, and his clothes are unlawful and his nourishment is unlawful. How can then his du‘a be accepted? 7/1/2019

Its possessor will have always a guilty conscience Halal earnings will bring to its possessor peace of mind and help him to have a clear conscience Its possessor will have always a guilty conscience 7/1/2019

Aims of business ethics in Islam 1- Protecting the rights of the parties involved in the contract 2- Protecting consumer rights 3- Creating fair competition 4- Protecting the rights of workers 5- Protecting public interest/ funds 6- Leniency/ helping others 7/1/2019

1- Protecting the rights of the parties involved in the contract a) Mutual consent / agreement b) To fulfill terms and conditions “O you who believe! Fulfil your contracts and obligations” (5: 1) “Muslims are bound by all the conditions they have agreed upon, unless a contract or conditions is against the principles of Islam in the way of making something haram as halal or vice versa.” 7/1/2019

2- Protecting consumer rights a) To avoid deception & fraud The Messenger of Allah (saw) once passed by a stock of grain. He touched it and felt moisture inside the stock. He asked the seller what it was. The merchant said: O Prophet of Allah it was affected by rain. The Prophet (saw) said: Then why you did not place the wet wheat over the rest of the stock, so people could see it for themselves. Any one practicing deception has no relationship with me.” 7/1/2019

- To avoid false and misleading advertisement - To avoid selling defective commodities without informing the buyer about defects contained in it “A Muslim is a brother of his fellow Muslim. It is not lawful for a Muslim to sell such a commodity that has a defect, except that the defect is shown to the buyer.” - To avoid false and misleading advertisement 7/1/2019

To give accurate weight and measurement The description of the weigh or measurement should match the reality أَوْفُوا الْكَيْلَ وَلا تَكُونُوا مِنَ الْمُخْسِرِينَ(181)وَزِنُوا بِالْقِسْطَاسِ الْمُسْتَقِيمِ (182) (الشعراء) “Give full measure, and be not of those who give less than the due. And weigh with the true balance”. (26: 181-182) 7/1/2019

b) To avoid hoarding essential commodities (ihtikar) Hoarding is: to collect and keep large amounts of food without offering it in the marked in order to create artificial scarcity to increase the price dramatically. This is usually practised in the periods of crises 7/1/2019

Hoarding is a kind of business exploitation of consumers Hoarding is a kind of business exploitation of consumers. Thus it is strictly prohibited by Islam The Prophet (saw) said: “One who hoards things for increasing their prices for Muslims is a wrong doer.” 7/1/2019

c) Prohibition of outbidding To offer more money than somebody else in order to unreasonably increase the price without being a potential buyer d) The practice of “middleman” may be prevented to protect the rights of consumers - Dwellers of towns may be prevented from selling the merchandises of farmers/ villagers - Farmers may be allowed to sell there goods directly if it is necessary 7/1/2019

The Messenger of Allah forbade the selling of things by a town dweller on behalf of a countryside dweller (farmer) ; and similarly Najash was forbidden. 7/1/2019

a) To avoid misleading advertisement b) Avoid giving bribes 3- Fair competition a) To avoid misleading advertisement b) Avoid giving bribes عَنْ أَبِي هُرَيْرَةَ قَالَ لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهم عَلَيْهِ وَسَلَّمَ الرَّاشِيَ وَالْمُرْتَشِيَ فِي الْحُكْمِ (الترمذي: كتاب الأحكام). “Allah cursed the briber and the bribed in making judgments.” {وَلا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِنْ أَمْوَالِ النَّاسِ بِالإِثْمِ وَأَنْتُمْ تَعْلَمُونَ(188)} (سورة البقرة). 7/1/2019

To get advantage/ Privilege Escape due punishment “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.” To get advantage/ Privilege Escape due punishment Take the rights of others c) To balance between competitiveness and co-operation 7/1/2019

d) To avoid entering in a transaction another person has already entered into Ibn Umar reported Allah's Messenger (saws) as having said: A person should not enter into a transaction when his brother had already entered into but not finalized, and he should not make proposal of marriage upon the proposal already made by his brother, until he permits it. (Muslim) 7/1/2019

“… and a woman should not ask the divorce of her sister in order to deprive her of what belongs to her. (Muslim) 7/1/2019

4- Protecting the rights of workers - Wages and the specification of the work must be clarified and agreed upon before starting the work. - Wages are to be determined by mutual consent. - A worker is entitled to a fair and just wage for his work. - The employee must perform his duties efficiently and honestly and the employer must pay him his full wages. 7/1/2019

- Wages should be paid without any delay "أَعْطُوا الأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يَجِفَّ عَرَقُهُ" (ابن ماجة: كتاب الأحكام). “Give the laborer his wage before his perspiration be dry.” (Ibn Majah) 7/1/2019

5- Protecting public interest/ funds a) Fair recruitment practices To avoid discrimination, nepotism, and cronyism An office or a post is a divine trust and, therefore, it should be offered only to the deserving persons. Responsibility should be given only to the person who is able to shoulder it and who has the capability to do justice to the trust placed in him. 7/1/2019

The prophet (saw) said: “whoever has appointed an administrator through nepotism while there was one who was more suitable to this position than that person, then he has committed misappropriation against Allah and His Messenger and all the Muslims.” 7/1/2019

b) To avoid misappropriation of public funds The Prophet (saw) said: “Whomsoever we have given some post and he has concealed a needle or a thing smaller than that, then it will be a misappropriated thing with which he will have to appear on the Day of Judgment.” (Muslim) 7/1/2019

6- To avoid haram transactions a) Riba {يَا أَيُّهَا الَّذِينَ ءَامَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ(278) فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ(279)} (سورة البقرة). “O you who believe! Fear Allah, and give up what remains of your demand for ribah (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) b) Dealing in haram commodities 7/1/2019

7- Leniency عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ رَضِي اللَّه عَنْهمَا أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ قَالَ: "رَحِمَ اللَّهُ رَجُلا سَمْحًا إِذَا بَاعَ وَإِذَا اشْتَرَى وَإِذَا اقْتَضَى" (البخاري: كتاب البيوع). “May Allah bless the person who behaves leniently while buying, while selling, and while collecting his dues.” 7/1/2019

{وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ وَأَنْ تَصَدَّقُوا خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ (280)} (سورة البقرة). “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) 7/1/2019

WEEK 8 7/1/2019

Inter-personal relations 1. General rights of a Muslim over his fellow Muslims “Six are the rights of a Muslim over another Muslim: - When you meet him, offer him salam; - When he invites you to a feast accept it. - When he seeks your counsel give him; 7/1/2019

- When he falls ill visit him; and - when he dies follow his funeral. - When he sneezes and says: "alhamdu lillah," you say Yarhamuk Allah (may Allah show mercy to you); - When he falls ill visit him; and - when he dies follow his funeral. 7/1/2019

2. Behavior towards co-workers a) Cooperation: they have to work in collaboration with each other in good faith for the best interests of their institution and the community as a whole. {وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِ} (المائدة: 2) “and help one another in goodness and piety, and do not help one another in sin and aggression.” (5: 2) 7/1/2019

3- To share knowledge and experience with others. b) Mutual respect and avoiding interference in other’s personal affairs/ respect their right to privacy. “It is a sign of sincere faith to avoid interfering in what does not concern you” 3- To share knowledge and experience with others. It is the duty of a senior worker to pass his knowledge and experience to his juniors. 7/1/2019

- To encourage people to share knowledge and experience Islam made it as a continuous charity “When a person dies he is completely cut off except from three things: 1- a running charity, 2- knowledge that he had taught and remains put to good use, 3- and virtuous progeny praying Allah for him.” 7/1/2019

“Ask those who are knowledgeable if you don’t know” (16: 43) - It is also the duty of the new inexperienced workers to learn for their seniors. {فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لا تَعْلَمُونَ(43)} (سور النحل) “Ask those who are knowledgeable if you don’t know” (16: 43) 7/1/2019

3. Behaviour toward the superiors   a) To obey them and observe the rule of law {يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْ} (النساء: 59) “O you who believe! Obey Allah and obey the Messenger and those in authority from among you.” (4: 59) “…There is no submission in matters involving God's disobedience or displeasure. Submission is obligatory only in what is good (and reasonable). 7/1/2019

b) To give them advice روى مسلم عَنْ تَمِيمٍ الدَّارِيِّ أَنَّ النَّبِيَّ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ قَالَ: "الدِّينُ النَّصِيحَةُ قُلْنَا لِمَنْ قَالَ لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ" (كتاب الإيمان). “Religion is to give honest advice for Allah, His Book, and His Prophet and to Muslim leaders and public.” 7/1/2019

4. Behaviour toward Subordinates   a) Consultation (shurah) and getting feedback:  {فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الأَمْرِ} (آل عمران: 159) “…So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs...” (3: 159)  {وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ(38)} (الشورى). “And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them.” (42: 38) 7/1/2019

b) To be kind and lenient with them روى مسلم عن عَائِشَةَ أن رَسُول اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ قال: "اللَّهُمَّ مَنْ وَلِيَ مِنْ أَمْرِ أُمَّتِي شَيْئًا فَشَقَّ عَلَيْهِمْ فَاشْقُقْ عَلَيْهِ وَمَنْ وَلِيَ مِنْ أَمْرِ أُمَّتِي شَيْئًا فَرَفَقَ بِهِمْ فَارْفُقْ بِهِ" (كتاب الإمارة). “O Allah, who (happens to) acquire some kind of control over the affairs of my people and is hard upon them-be hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them-be kind to him.” 7/1/2019

c) To serve them honestly and sincerely روى مسلم عن مَعْقِلِ بْنِ يَسَارٍ أن رَسُولَ اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ قال: "مَا مِنْ أَمِيرٍ يَلِي أَمْرَ الْمُسْلِمِينَ ثُمَّ لا يَجْهَدُ لَهُمْ وَيَنْصَحُ إِلاّ لَمْ يَدْخُلْ مَعَهُمُ الْجَنَّةَ" “A ruler who, having obtained control over the affairs of the Muslims, does not strive for their betterment and does not serve them sincerely shall not enter Paradise with them.” d) Respect for their opinions and beliefs 7/1/2019

5. Behaviour toward neighbours   Allah's Messenger (saw) said: “Jibril kept impressing upon me kind treatment towards the neighbour that I thought as if he would confer upon him the right of inheritance.” 7/1/2019

a) To avoid causing them any kind of harm عَنْ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ قَالَ: لا يَدْخُلُ الْجَنَّةَ مَنْ لا يَأْمَنُ جَارُهُ بَوَائِقَهُ" (صحيح مسلم: كتاب الإيمان). Abu Huraira narrated that the Messenger of Allah (saw) observed: “He will not enter Paradise whose neighbour is not secure from his wrongful conduct.” 7/1/2019

b) To help and be kind to them The Messenger of Allah (saw) said: “He who believes in Allah and the Last Day should either utter good words or better keep silent; and he who believes in Allah and the Last Day should treat his neighbour with kindness and he who believes in Allah and the Last Day should show hospitality to his guest.” 7/1/2019

  وَاعْبُدُوا اللَّهَ وَلا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنْبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ إِنَّ اللَّهَ لا يُحِبُّ مَنْ كَانَ مُخْتَالا فَخُورًا (النساء: 36) “Worship Allah, and join not any partners with Him; and do good to: parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours who are strangers, the companion by your side, the wayfarer (you meet), and what your right hands possess, for Allah does not like the arrogant, the vainglorious” (4:36). 7/1/2019

  عَنْ أَبِي ذَرٍّ قَالَ: إِنَّ خَلِيلِي صَلَّى اللَّهم عَلَيْهِ وَسَلَّمَ أَوْصَانِي إِذَا طَبَخْتَ مَرَقًا فَأَكْثِرْ مَاءَهُ ثُمَّ انْظُرْ أَهْلَ بَيْتٍ مِنْ جِيرَانِكَ فَأَصِبْهُمْ مِنْهَا بِمَعْرُوفٍ"(صحيح مسلم: البر والصلة) Abu Dharr reported Allah’s Messenger (saw) commanded me that: whenever you prepare a broth (meat soup), add water to it, and have in your mind the members of the household of your neighbours and then give them out of this with courtesy. 7/1/2019

6. Ethics in the domain of politics   How should a Muslim, who is participating in politics, behave towards his opponents and those who belong to different political parties and groups? How can we balance between keeping political plurality (which is a reality and may be a necessary tool for check and balance between different centres of power in the society) and cooperation between different parties and groups for the mutual benefit (the benefit of the country)? 7/1/2019

The concept of “government”: Trust vs. opportunism & misuse of power The notion of “government/ central authority” is based on the principles of: - Delegation: People elected/ selected to public offices are delegated by the community. - Trust: they are entrusted with that task to serve the interests of the community. 7/1/2019

  The challenge here is: How can make ourselves transform these principles from theory to practice to avoid opportunism and dictatorship? 7/1/2019

Right to change vs. cooperation  The concept of opposition Right to change vs. cooperation - To monitor the activities of the government = Cooperate in good and beneficial matters = Criticize what is seen to be wrong and bad 7/1/2019

Ethical conditions of opposition/ criticism - Based on established facts not on mere suspicions and accusations - Constructive: to change something wrong, not for the sake of survival - The critic should be convinced of the moral uprightness of his opinion - To avoid distortion of facts and sayings 7/1/2019

Dictatorial behaviour Causes: - Considering oneself to be a gifted person with the best opinions and ability understanding - Self-seeking, egocentrism Effects: - Forcing opinions on others regardless of their worth - Rejecting all kinds of advice/ criticism - Preventing people from expressing their views and opinions 7/1/2019

Rejection of criticism - Criticism = challenge – humiliation False pride & dignity - Criticism = advice - Helps us to correct our mistakes - Strengthen our character - Improve our performance “May Allah bless one who gifted to me my shortcomings” 7/1/2019

Ethnic relation in Islam: Basic Principles Humanity lives today in a “global village,” where no people or nation can live in isolation from and indifferent to what goes on elsewhere. Our world is so interdependent and so interrelated that peaceful dialogue has become an imperative. 7/1/2019

1. Faith in the One Universal God (Allah in Arabic): Islam is founded on the belief that there is only one God (Allah in Arabic), Who is the universal Creator, Sustainer, and Cherisher of all. Being the sole creator of all humankind precludes any notion of multiple, competing creators. 7/1/2019

2. Allah is One and is impartial toward His creatures 2. Allah is One and is impartial toward His creatures. He provides for all, including those who reject faith in Him or even those who defy Him. He cares for the well-being of all and gives them ample opportunity to repent to Him and end the state of separateness suffered by those who reject Him or are unmindful of Him. This belief implies that all humans are equal before Allah in terms of their humanity, irrespective of their particular beliefs. 7/1/2019

3. Unity and universality of the core teachings of all prophets. 4. Universal human dignity. 5. Necessity of Islamic Da‘wah. 6. No coercion in religion. 7/1/2019

Universal peaceful coexistence: The basic rule governing the relationship between Muslims and non-Muslims is that of peaceful coexistence, justice and compassion. The following two verses are key verses that embody that general rule. 7/1/2019

Relation with non-Muslims “As for such (non-Muslims) who do not fight you on account of (your) faith, or drive you forth from your homelands, God does not forbid you to show them kindness (also love and respect) and to deal with them with equity, for God loves those who act equitably. God only forbids you to turn in friendship towards such as fight against you because of (your) faith and drive you forth from your homelands or aid (others) in driving you forth. As for those from among you who turn towards them for alliance, it is they who are wrongdoers.” (Al-Mumtahanah 60:8-9) 7/1/2019