Showing posts with label shariah. Show all posts
Showing posts with label shariah. Show all posts

Friday, October 17, 2008

Interest-Free Financial Transactions - Credit Cards & Today's Fiancial Crisis

Peace of God and His mercy to you.



Credit cards are not interest-free. A person using a credit card is borrowing money from the bank. At the end of the month the person pays the bank back the money s/he borrowed in addition to the fee of borrowing the money! This interest is forbidden in Islam because it is unfair. Many people lose their jobs and get jailed because of the interest involved in many financial transactions.

Here is a fatwa explaining the allowed credit cards in Islamic Shari'a:

Question:
What is your opinion on the credit cards of the Faisal Islamic Bank?.

Answer:
Praise be to Allaah.

There is nothing wrong with using a credit card if it is free of the following things that are forbidden according to sharee’ah:

1- Stipulating payment of interest or a penalty in the event of late payment.

2- Charging fees for issuing an uncovered card that are greater than the actual costs involved.

3- Charging a percentage of money withdrawn if the card is not covered. It is permissible to charge the actual costs only; anything more than that is riba.

4- Buying gold, silver and other currencies with it.

5- Seller adding a percentage that the bank requires him to take from the purchaser, without the purchaser being aware of that.

See also the answer to question no. 13725 and 103187.

We do not know anything about the credit card offered by the Faisal Islamic Bank.

And Allaah knows best.
God says in the Holy Quran regarding the interest (riba):

Those who swallow usury cannot rise up save as he ariseth whom the devil hath prostrated by (his) touch. That is because they say: Trade is just like usury; whereas Allah permitteth trading and forbiddeth usury. He unto whom an admonition from his Lord cometh, and (he) refraineth (in obedience thereto), he shall keep (the profits of) that which is past, and his affair (henceforth) is with Allah. As for him who returneth (to usury) - Such are rightful owners of the Fire. They will abide therein. (275) Allah hath blighted usury and made almsgiving fruitful. Allah loveth not the impious and guilty. (276) Lo! those who believe and do good works and establish worship and pay the poor-due, their reward is with their Lord and there shall no fear come upon them neither shall they grieve. (277) O ye who believe! Observe your duty to Allah, and give up what remaineth (due to you) from usury, if ye are (in truth) believers. (278) And if ye do not, then be warned of war (against you) from Allah and His messenger. And if ye repent, then ye have your principal (without interest). Wrong not, and ye shall not be wronged. (279) And if the debtor is in straitened circumstances, then (let there be) postponement to (the time of) ease; and that ye remit the debt as almsgiving would be better for you if ye did but know. (280) The Cow 2:275-280
And what could be the cause of the world's financial crisis other than interest?

Friday, June 13, 2008

Maqasid Al-Shariah: Purposes of the Islamic Law (Part 1)

Peace of God and His mercy to you.

Sharia, the divine guidance from Allah, is a very broad topic. I mentioned it in these posts:
  1. Democracy And Rights In Islam
  2. More About Sharia
  3. Islam & Politics: An Unholy Mix?
To elaborate more on Sharia purposes, Reading Islam is presenting a new series of articles about it. Here is the first part of: Maqasid Al-Shariah: Purposes of the Islamic Law.

Tuesday, May 27, 2008

Islam & Politics: An Unholy Mix?

Peace of God and His mercy to you.

Read what Muslims think about politics and Islam:
Let us start by defining what we mean by 'Islam' when we talk about politics. In the area of politics, 'Islam' could only mean general guidelines and principles, rather than specific rules and detailed fatwas about specific political matters.

And let us look at man-made democracy in politics according to Islamic values:

... if the Prophet (peace be upon him) had consulted his companions in a direct and oral way (as narrated about the battles of Badr and Uhud, for example), this does not mean that 'Islam' prefers or encourages some sort of 'direct democracy' over other types of polling systems or political systems. Any type of democracy, or even a different political theory or system, is approved in Islam only as long as it is compatible with the principles of consultation, justice, equality of human beings, and the other Islamic principles and values.


And we should not forget about the great system of Shura, a part of Sharia:
... when it comes to political participation, the Quranic verses that apply here are the verses that talked about shura (consultation), which is a general and guiding principle. The mechanism of how this consultation should take place is meant, in Islam, to be changeable and to be left for people to define according to their own time and circumstances.

Many people think Islam is only concerned about imposing a set of rules. Islam, amazingly, is a way of guiding the people in most facets of life. Not only concerned about rules, but Islam is also concerned about making the people follow the guidelines and principles of justice, patience, truthfulness, care, peace, wisdom and piety in their life.

The Relationship Between Islam & Politics
From Reading Islam:
The relationship between 'Islam' and politics is not a simple relationship that could be explained in one statement such as either statement mentioned in your question. So, 'Islam cannot mix with politics' is not an accurate statement. Nor is 'political matters cannot be dissociated from Islam' an accurate statement either.

Let us start by defining what we mean by 'Islam' when we talk about politics. In the area of politics, 'Islam' could only mean general guidelines and principles, rather than specific rules and detailed fatwas about specific political matters.

In other words, the part of Islam that deals with the ever-changing area of politics is the part that is about its fixed universal values and principles, and not the part that is about its details and instructions.

For example, when it comes to political participation, the Quranic verses that apply here are the verses that talked about shura (consultation), which is a general and guiding principle. The mechanism of how this consultation should take place is meant, in Islam, to be changeable and to be left for people to define according to their own time and circumstances.

Thus, if the Prophet (peace be upon him) had consulted his companions in a direct and oral way (as narrated about the battles of Badr and Uhud, for example), this does not mean that 'Islam' prefers or encourages some sort of 'direct democracy' over other types of polling systems or political systems.

Any type of democracy, or even a different political theory or system, is approved in Islam only as long as it is compatible with the principles of consultation, justice, equality of human beings, and the other Islamic principles and values.

For another example, the issue of wars (or jihad al-qital) is also a political issue that should only be based on the general guidelines of Islam and cannot have one and only rule for every place and time.

In this area, what is required is to balance two objectives (maqasid): (1) to promote and protect peaceful co-existence, which is one of Islam's higher principles, and (2) to promote and protect Muslims' lives and wellbeing, which is also one of Islam's higher principles.

The default and ideal situation in Islam is peace and peaceful co-existence, and directing the Muslim struggle (jihad) to bettering themselves and improving their morals and spirituality (jihad al-nafs), thus giving a chance for (1) and (2) to be fulfilled together.

This is proven by numerous traditions of the Prophet. One such tradition is 'The Scroll of Madinah' (Sahifat Al-Madinah), in which the Prophet and the Jews of Madinah wrote a 'covenant' that defined the relationship between Muslims and Jews living in Madinah. The scroll stated that, "Muslims and Jews are one nation (ummah), with Muslims having their own religion and Jews having their own religion." (Refer, for example, to: Burhan Zuraiq, Al-Sahifah: Mithaq Al-Rasoul, 1st ed., Damascus: Dar al-Numair 1996, p. 353).

However, if that peaceful co-existence is betrayed by others and Muslims are 'killed and driven out of their homes,' as the other verses say, then fighting is sanctioned in order to protect Muslims' lives.

The problem with many of these militant groups that you mentioned is that they misinterpret the verses of the Quran to mean one choice for all time: war! They, surprisingly, forget about the higher objectives of prosperity and cooperation of human beings.

For example, the verse, which has come to be named 'The Verse of the Sword' (ayat al-saif), according to some scholars, states: *{But when the forbidden months are past, then slay the pagans wherever you find them, and seize them.}* (At-Tawbah 9:5)

The historical context of the verse, in the ninth year of Hijrah, is that of a war between Muslims and the pagans of Makkah. The thematic context of the verse in chapter nine is also the context of the same war, which the Chapter is addressing.
However, the verse was taken out of its thematic and historical contexts and claimed to have defined the ruling between Muslims and non-Muslims in every place, time, and circumstance. Hence, it was perceived to be in disagreement with more than two hundred other verses of the Quran, all calling for dialogue, freedom of belief, forgiveness, peace, and even patience.

Conciliation between these different evidences, somehow, was not an option. To solve the disagreement, based on the method of abrogation, some exegetes concluded that this verse (9:5), which was revealed towards the end of the Prophet's life, abrogated each and every verse that was revealed before it.

Therefore, the following verses were considered abrogated: 'no compulsion in the religion;' (Al-Baqarah 2:256) 'forgive them, for God loves those who do good to people;' (Al-An`am 6:13) 'repel evil with that which is best; (Al-Mu'minun 23:96) ' 'so patiently persevere;' (Ar-Rum 30:60) 'do not argue with the People of the Book except with means that are best;' (Fussilat 41:46) and '(say:) You have your religion and I have my religion.' (Al-Kafirun 109:6)

In addition, a large number of prophetic traditions that legitimize peace treaties and multi-cultural co-existence, to use contemporary terms, were also abrogated.

What we need in today's world, other than cases of self-defense of course, is to spread a culture of mutual co-existence and multi-faith dialogue and cooperation.

This is what Muslims need to give priority to in your country and other countries where Muslims and non-Muslims have co-existed peacefully for centuries.

Monday, May 26, 2008

More About Sharia

Peace of God and His mercy to you.

I would like to share more information about Sharia, the divine laws that govern our life in the aspects of rights and justice for Allah, the individual, groups, and all.

This presentation is prepared because I faced many less informed people about Sharia. Their views were very limited, and their information was based on the negative Western views about Islam.

I say to you:
Read and know the truth!
But first, please read these quotes that will help you see what Sharia is all about:
First, let me start by saying that in modern times Shari`ah was inaccurately translated as “Islamic Law”. This portrayed Shari`ah as merely a collection of laws and regulations. Perceiving Shari`ah as such has produced great confusion in regards to its importance in Islam.

There is no doubt that the main sources of the Shari`ah are the Qur'an and the Sunnah in addition to the consensus of Muslim scholars (’ijma`) and the personal judgment of Muslim scholars in conformity with the prescriptions of the Qur’an and the Sunnah (ijtihad).

The word shari`ah literally means a waterway that leads to a main stream, a drinking place, and a road or the right path. From this meaning, the word shari`ah was used to refer to a path or a passage that leads to an intended place, or to a certain goal.

Water is life for everything, Shari`ah is life for the Muslims’ souls and a way of life for them.

Shari`ah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres.

Many non-Muslims, however, think that the Shari`ah is mainly a collection of fixed ancient laws that belong to a time other than ours. On the contrary, Muslim scholars agreed on the fact that applying the Shari`ah requires two essential types of understanding. These two types are; understanding the sources from which the rules are derived, the Qur’an and the Sunnah (the traditions of the prophet), and understanding the reality in which these rules are applicable. Hence, the application of the Shari`ah is not in a vacuum; rather it is in a reality that is changeable due to time and space.

The purpose of the shari`a is not to protect Allah or His rights, but to protect the lives, honor and property of all people who live under this shari`a.

It is important to remember that before the implementing hudud, we have to establish the huquq that is the rights of the people. Islam implements certain rights: the right of life, property, freedom, justice, etc. These rights must be established before we talk about punishing people who violate the rules of Allah.

Here are the topics looking at Sharia in the form of Q&A taken from Reading Islam:

In the end...
You can see, after knowing about Sharia, that:
Shari`ah is based on wisdom and achieving people's welfare in this life and the afterlife. Shari`ah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shari`ah, even if it is claimed to be so according to some interpretations. (Shamsuddin Ibn al-Qayyim, I`lam Al-Muwaqi`een, ed. Taha Abdul Rauf Saad (Beirut: Dar Al-Jeel, 1973) vol.1, p. 333:)