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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

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

Which holds greater virtue: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) holds greater virtue than donating its monetary value to the poor and needy. This is because the sacrifice is a prominent, manifest ritual among the sacred symbols of Islam. Allah Almighty says: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." (Al-Hajj: 32)
 
Furthermore, there are numerous authentic and explicit Hadiths highlighting its immense reward. The Prophet (peace and blessings be upon him) consistently offered this sacrifice, as did the Righteous Caliphs after him. And Allah the Almighty Knows Best.
 

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

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