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Islamic Economy (An Introduction)
Author : Dr. Safwan Odaybat
Date Added : 12-09-2022

Islamic Economy (An Introduction)

 

Amidst the increasing economic crises that hit countries every now and then, the recent fall of capitalist economy, the failure of socialism, and the fall of communism in the late eighties, conflicting calls have emerged:

First: A call for the application of an Islamic economic system, encompassing macro and micro levels, doesn`t discriminate between classes, swings between the steadiness of the total principles and the flexibility of the application to the branches. Accordingly, it constitutes a comprehensive system for mankind, deriving its comprehensiveness from the fact that Sharia is applicable to every time and place. 

Second: A call for applying the fittest economic system to mankind, as agreed by countries, be that system capitalist, socialist or mixed. As a matter of fact, there isn`t what is called an Islamic economic system. Rather, there are mere viewpoints and reasoning that impose a certain meaning on texts of Sharia and limited banking experiences that don`t live up to be called an economic system, in addition to failure to find comprehensive developmental solutions.

What is the concept of the Islamic economy? How true is the assumption that there is an Islamic economic system? We will attempt to give an answer through the following:

From a linguistic viewpoint, economy refers to spending between exceeding and falling short. For more details, kindly check [Al-Mohkam Wal Moheet Al-`Adam by Ibn Seedoh, vol.6/pp.186]. As a term, it refers to "The science that investigates all that is related to fortune, money, earnings, possessing, spending, production, investment, services, savings, poverty and richness." [Al-Mo`jam Al-Iktisadi Al-Islami by Dr. Ahmad Al-Shorbasi, pp.36].

 

Leaving such definitions aside, let`s consider some definitions delivered by contemporary scholars of Islamic economy:

 

First: It is impossible that the Sharia, which is eternal and fits for every time and place, lacks general rules and controls for the themes of Economics, such as fortune, investment, production, and the like. This is because these have to do with man`s succession on earth. These elevate life and cause it to continue; however, without them society will return to the life of the jungle and take the path of extinction. Rather, these themes are amongst the requirements for the perfection of Sharia, about which Almighty Allah Said (What means): "This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion." [Al-Ma`idah/3].

 

Second: Demonstrating the greatness and comprehensiveness of Sharia to all aspects of life, including economic terminology, is one method for calling people to the way of Allah. Rather, it is calling to Him with insight and knowledge. This call also needs scholars of economy who are aware of the minutest details of this field and its emerging issues from Sharia, legal, and specialist technical aspects. Their knowledge and experience will enable them to deliver Fatwa, make disciplined Ijtihad, and understand texts using their talent in jurisprudence. We may add that this is a collective obligation.

 

Third: The general rules and the total principles of Sharia are tantamount to a general constitution on which rulings rely. "In terms of jurisprudential principles, the economic policy of Islam is divine, but in terms of application, it is secular." [Thatiyat Al-Siyasa Al-Ektisadiya Al-Islameyah Wa Ahmeyat Al-Ektisad Al-Islamic by Dr. Moh. Shawki Al-Fangari, pp.18]. Consequently, there are many texts of Sharia about the economic policy. For example, Allah The Almighty Says (What means): "And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people’s property." [Al-Baqara/188]. He also Says (What means): "In order that it may not (merely) make a circuit between the wealthy among you." [Al-Hashir/7]. Moreover, narrated a man of the Companions (RA): I went on an expedition with the Prophet (PBUH) and heard him saying: "People are partners in three things: grazing, pasture, water and fire." [Reported by Ahmad and Abu Dawood, and its narrators are reliable (thiqah)]. The Prophet (PBUH) said: "If anyone makes a barren land productive, then it belongs to him." [Reported by Ath-Thalatha. At-Tirmidhi graded it Hasan (good)].

Economic theories that fit to be a just comprehensive economic system for reforming mankind have been established upon these jurisprudential principles.

 

Fourth: We conclude that Islamic economy is "A science that examines whatever is related to fortune, money, earning, possessing, spending, production, investment, services, savings, poverty and richness in light of the principles of Sharia, its total rules, and the Islamic value system."

 

The published article reflects the opinion of its author

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Summarized Fatawaa

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

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