STUDYING ISLAM

Shariah Compliant Business

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Halaal Vs. Haraam

“Oh People of Imaan!! Eat of the pure things (Halaal) that We have provided for you, and be grateful to

Allah” – (S. 2 V. 172)

One cannot help but reflect on the profound prophecy of our Beloved Messenger, on whom be peace, said that,

“There will come a time upon my Ummat when people will not be concerned over what they take. It will not

matter for them whether it is Haraam or Halaal”. (Bukhari: Nasai).

“It is better for you to consume sand rather than eating anything Haraam” (Ahmed).

It is narrated in another Hadith,

“That flesh which has grown out of Haraam food will not enter Jannah. Hell has more right to it”

(Ahmad, Tirmidhi).

Hadhrat bin Adham (RA) said,

“Whatever lofty spiritual ranks I obtained was by virtue of exercising care in what went into the stomach”.

Our Beloved Prophet of Islam, owbp, said,

‘Abstention from doubtful things is the best of Deen” (Tabraani, Bazzaar).

Virtues of Trade

In many Ahadith, Rasulullah, owbp, has encouraged trade and attributed extraordinary virtues to the trader.

It is narrated in one hadith thus,

“Out of ten portions of livelihood nine are in trade.” (At Targheeb).

In another Hadith, Rasulullah (salallahu alaihi wasallam) said,

“An honest trader will be in the shade of the Arsh (throne) of Allah on the day of Judgement.” (At

Targheeb).

The exceeding virtue of trade may be judged by the fact that a large number of Sahaba (radhiyallahuanhum)earned their living by trade. Among them were Hadhrat Abu Bakr, Hadhrat Umar,Hadhrat Uthmaan, Hadhrat Abdur Rahman Ibn Auf, Hadhrat Zubair, Hadhrat Talhah, and many other Sahaba (radhiyallahu anhum).

A Muslim Businessman’s Oath

To my competitors:

  1. I will not engage in monopolistic behaviour and preclude others from competing with me.
  2. I will compete fairly without engaging in un-Islamic tactics.
  3. I will not be envious or malicious towards my competitors in anyway.

Some Ethics of Business in Islam

Similarly Almighty Allah proclaims,

“O you who believe, when you contract a debt for a fixed time, write it down.” (Surah 2 Aayat 282).

And the Holy Qur’an states,

“Give full measure and be

not of those who diminish. And weigh with a true balance. And wrong not men of

their dues, and act not corruptly on the earth, making mischief.” (Surah 26

Aayat 181-183).

Thus Muslims are asked to record

all their transactions. These precautions are taken to avoid disputes and to

protect and safeguard the rights of individuals. Justice no cheating, accepting

returnable goods no deception, courtesy no backbiting, truthful display of

quality no false demos, balance scales no tipping of the sides or stretching of

the cloth, full-payments no passing the hand underneath, clean business no

dealing with illegal items. Sufiyan Assawri used to say that giving of alms from

unlawful earnings is like washing clothes with urine!

Examples of fraud is setting up

different books for different purposes including selling at one’s own price when

acting as salesperson and taking the difference.

Such fraudulent acts are not

restricted to the employer. Even employees can be guilty of the same offence in

numerous ways. Among them are the following:

  1. careless or wanton disregard for the duties that have been delegated to the employee;

  2. not fulfilling one’s obligation with regard to time and number of work hours;

  3. abuse of employer’s property such as using the employer’s telephone for personal use without the employer’s permission.

Rasulullah (salallahu alaihi wasallam) said,

“Flesh which was nourished

with unlawful earnings will not enter Jannah.” (Baihaqee)

Rasulullah (salallahu alaihi wasallam) said,

“When people cheat in

weighing and measuring they will face drought, famine, hardship and the wrath of

an unjust ruler.” (At Targheeb)

Interest

The taking and giving of

Interest in Banks and in car sales transactions and otherwise is totally

unlawful and it is considered waging war with God!

However, if an intelligent

person has to study this cursed system of banking, he will realise that these

banks are ‘blood banks’ where the ‘blood’ of the entire nation is collected. The

‘blood’ of the entire nation is then transfused into the ‘veins’ of a few

capitalists. In this way the entire nation becomes a target of poverty and want

and a few selected capitalists control the entire nation’s treasure. When one

businessman owns ten thousand but runs a business worth a million, then realise

that besides a few copper coins of interest, he gets the rest of the profit. The

Qur’an wishes to treat both partners fairly. The accrued profit should be

received by both. In the case where there is no profit, none should receive

anything. However, if profit is accrued then it should be fairly distributed in

terms of shares.

Question and Answers

Q. What is the position

of a business going into liquidation known to be owing many people monies, for

stock purchased, and perhaps in a month or later opening another business on

another name? The previous director/s still live the same lifestyle and drive

around in the same luxury cars. By becoming liquidated, are they absolved from

paying their debts?

A. Noble Qur’an states:

“Oh you who believe, Do not eat your wealth among yourselves unjustly, except that it be a transaction with

mutual happiness.” (Sura Nisaa Aayat 29).

The prohibition of unjustly

eating the wealth of others includes dishonouring a debt. * And whosoever does

that (unjustly eats the wealth of others), We will soon burn him in the fire

(Ibid).

* Hadhrat Abdullah Ibn Umar (RA) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said every sin of a

Shaheed (martyr) is forgiven but debts. (Mishkaat Pg. 252, Me’raaj).

* Hadhrat Abu Hurairah (RA) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘The soul of a

believer will be suspended (from entering Jannah) due to his debt until paid.’

(Ibid).

In an Islamic State it is the

responsibility of the ruler to secure payments of debts. If a debtor has some

wealth, the ruler will imprison him until he sells his belongings – in order to

honour his debts. (Raddul Mukhtar vol. 6 pg. 150 HM Saeed).

If he refuses to sell his

belongings, the ruler will then himself sell all his belongings and distribute

it to the creditors pro-rata their debts. The ruler may leave only one set of

clothing for the debtor to cover his body (Hidaya vol. 3 – chapter of Hajr).

The ruler even has the right to

take all his (debtor’s) cash and pay the creditors without the consent of the

debtor.(Ibid)

From the foregoing, it is clear

that the rules and principles of insolvency in the secular system does not

corroborate with the laws and principles of insolvency in Shariah. It is not

permissible to search and create a loophole in the legal system and declare

oneself insolvent in order to avoid payments to one’s creditors. That will be

regarded as oppression and a major sin. If the debtor still owns a house, cars,

etc., according to Shariah he is not an insolvent person. He should sell his

belongings, car, house etc., and honour his debts. Rasulullah (Sallallaahu

Alayhi Wasallam) also informed us of a creditor being forgiven by Allah Ta’ala

for his sins due to his leniency to his debtors.

As Muslims we should be

conscious of our accountability in the court of Allah Ta’ala and be truthful in

all our dealings.

Q. According to the well

known Hadith, Rasulullah (Sallallaahu ƒÆ’layhi Wasallam) has invoked the curse of

Allah upon four categories of people due to their association with interest.

Among them is the one who has written the interest transaction, but what about

the accountant who prepares the financial statements of clients?

A. It is true that

according to a well known Hadith those who invoke the curse of Allah with regard

to a transaction of Riba (interest or usury) include a person ‘who has written

the interest’. However, this Hadith refers to the scribe of the transaction i.e.

a person who has written an agreement or prepared the document to evidence the

transaction. It does not include a person who was not involved in the

transaction itself in any way, but while preparing the accounts of a person, has

come across reference to the Riba transaction and has recorded it as an event

that has already happened without his involvement.

This is how the scholars have

interpreted the Hadith: Al-Ubbi, the famous commentator of Sahih Muslim has

explained the Hadith in the following manner: ‘By the word ‘writer of Riba’ the

Hadith intends the scribe of the document evidencing the transaction of Riba,

and by the word ‘witness’ it means a person who attended the occasion to become

a formal witness in support of the transaction. The Holy Prophet (Sallallaahu ƒÆ’layhi

Wasallam) has held them all as equal in sin because the transaction took place

only with their joint efforts.’ It is evident from these references that it is

the writing of the document of Riba which invokes the curse of Allah and not its

subsequent recording in a statement of the facts that already happened.

Therefore, the case of an Accountant of a firm or a company is different from

the person who is directly responsible for the operation of interests.

So far as the accountant is not

involved in charging interest, claiming it from the debtor or pursuing him for

that matter, merely making entries in the books of account will not make him

liable to fall within the ambit of prohibition stipulated in the Hadith. Unless

the major part (at least 51%) of the company is haram it is not prohibited to

draw salary for permissible services rendered to that company.

A Muslim cannot advise any one

to opt for a financing option based on interest. If most of the activities of a

business are haram, a Muslim should not take up the work for that business. My

advice is to abide by Shariah in every walk of life.

Q. Conditions for Trading in Stocks?

A. Muslims can acquire the shares of a joint stock

company with the following conditions:

  1. The main business of the company must be Halaal

    (permissible) according to Shariah. So, a Muslim cannot invest in a company

    whose main business is Haraam, like the traditional banks, insurance companies, companies dealing in wines, etc.

  2. If the main business is Halaal, but it is involved in

    borrowing money on Interest or placing its funds in an Interest bearing

    account a Muslim share-holder should raise his voice against this practice

    in the annual general meeting of the company.

  3. When a Muslim share-holder receives a dividend he must

    ascertain that proportion of the profit of the company which has accrued on

    its interest-bearing accounts. Then a similar proportion from his own

    dividend must be given by him to a person or persons entitled to receive Zakaat.

  4. If all the assets of a company are in a liquid form

    and the company has not yet acquired any fixed assets or any stock for

    trade, then the sale and purchase of shares must be on their par value only.

If anyone of these conditions is contravened, the investment in a company is not permissible in the Shari’ah.

Q. Is it permissible for a Muslim to sell non-halal (haram) goat, cow or chicken to non-muslims? What

does the shariah say about income from such a business? Everyone knows that

selling pork or wine is not permissible but how about selling carrion? Please

answer the question in the light of Fiqh. Jazak Allah.

A. The meat from an animal not slaughtered according to the Shari’ah falls in the category of a

carrion (dead animal) and is haram. It is not permissible to sell such meat. The

income from such meat will be haram. And Allah Ta’ala Knows Best.

Q. A friend of mine is in

ATM (Automatic teller machine) business. Actually, he is an independent

contractor. Should he continue working as Independent contractor for such

leasing/sale companies on commission basis or not?

A. The service provided

by the ATM is not Haram. The amount charged from the customer is a service

charge and not an interest. Your friend acts as a Mediator or as a Broker for

the installing company to find out persons who can provide their sites for the

installation of machines, meaning thereby that the installing company hires the

place of these clients and your friend acts as a Broker for this hiring

transaction. It is Halal?

Q. Organ transplant?

A. When a perfectly

healthy person on the advice of an expert physician confirms that the removal of

one kidney will not harm nor cause ill-health whatsoever and considering the

deteriorating health of his sick immediate family member which may cause death

and there is no other alternate or substitute then this will be permissible with

the condition that the kidney be donated and not sold.

Questions and Answers with courtesy of Mufti Taqi and Desai.

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