ETHICS AND FIQH FOR

EVERYDAY LIFE
(UNGS 2050)
STANDARD CONTENTS
Department of Fundamental & InterDisciplinary Studies, 2016

WEEK 1

The Concepts of Ethics

and Fiqh

Definition of Ethics
Literally:
Derived from Greek ethos,
means
character

Technically:

the branch of philosophy dealing

with
values relating to human
conduct, with
respect to the rightness and
3 wrongness

Ethics / ilm al-akhlq

The Islamic term corresponding to
'ethics' is 'ilm al-akhlq (science of

morality), which is the branch of

knowledge that studies akhlq (morals)
Khuluq: nature, innate disposition
Akhlq in a broad sense, therefore,

subsumes
all
actions
that
are
characterized as amal salih (virtuous
deeds) in the terminology of the Quran

Significance of Ethics in
Islam
1- Fundamental to the Islamic tradition.
"I have been sent only for the purpose
of perfecting good morals" (Prophetic
saying)
() (
2-One's faith is not complete
without morality
"O you have faith, fear Allah and
be with the truthful people" (the
Quran, 9:119)
5

Significance of ethics in Islam

"The believers who show the most
perfect Faith are those who have the
best behaviour, and the best of you
are those who are the best to their
wives". [Ahmad, al-Tirmidhi]

(
)
"By Allah, he is not a believer! By
Allah, he is not a believer! By Allah,
he is not a believer.'' It was asked,
"Who is that, O Messenger of Allah?''
6
He said, "One whose neighbor does

Significance of ethics in Islam

(: : ..

)

Abu Musa Al-Ash'ari reported: I asked

the Messenger of Allah : "Who is the
most excellent among the Muslims?" He
said, "One from whose tongue and
hands the other Muslims are secure." [AlBukhari and Muslim]
87
7

()

Significance of Ethics in Islam

Conviction
Profession
Practice
8

Foundation
Declaration
Validation

Significance of Ethics in Islam

The Prophet said, O people! Verily, your
Lord is One, and your father (Adam) is
one. There is no superiority for an Arab
over a non-Arab, neither a black over a
white, or a white over a black except in
piety and righteousness
Human conduct is considered morally
good (amal salih) by fulfilling two
conditions. First, the conduct must be
done
with
good
motives
(niyyyah
hasanah). Second, must be in accordance
9with the norms of the shariah

Definition of Fiqh
Linguistically, fiqh means
in-depth understanding
In technical/legal terminology:
the science of the derived legal
rules as acquired from their
particular sources

10

The Interrelationship between

Ethics and Fiqh
Sharing similar objective:
To construct human life on the basis of
virtues (marufat), and to cleanse it from
vices (munkarat)
To regulate the relationship of man with

God, and man with man

11

The Interrelationship between

Ethics and Fiqh
Islamic law is deeply rooted in ethics.
ii. Inner purity of soul is important for
the external manifestation of belief
and action. "believe and do right "
iii. Law (the required and forbidden
categories) virtue (the recommended
and discouraged categories)
i.

12

WEEK 2

Core Moral Values in

Islam

TRUST
o Amanah

literally
means
trust,
reliability, trustworthiness, loyalty,
faithfulness, integrity, and honesty.
Iman or faith also comes from the
same root

o Accountability,

honesty,
determination (itqan) are all parts of
amanah

14

The

concept

of

amanah

makes

TRUST
Broad and deep meaning
It defines mans RIGHTS and
RESPONSIBILITIES in relation to fellow
human beings, the environment and the
rest of Gods creation

15

TRUST
"O you, who believe, do not betray God
and His Messenger, and do not knowingly
violate your trusts" ( 8:27)

Dishonesty and betrayal are completely

at odds with the Islamic faith.The
Prophet says, A hypocrite is known by
three traits: When he speaks, he lies;
when he promises, he reneges; when he
16
is entrusted, he cheats (Al-Bukhari,

TRUST
The seriousness of upholding amanah
God says, There are three people whom I
shall be their opponent on the Day of
Judgment: A man who was given something
in My Name and then betrays;A man who
sells-off a free man (as a slave) and
consumes the price; and A man who hires a
laborer, makes use of his service then does
not give him his wages. (Al-Bukhari)
17

18

Aspects of Amanah
A m anah
V ic e g e ra n c y
F a m ily
D e p o s its
S e c re ts
W o r k / p u b lic o ffic e
W e a lth & a b ilitie s
18

19

THE CONCEPT OF JUSTICE (ADL)

Adl

(Justice) means to place things in their rightful

places.
The term adl implies:
Giving people what they deserve
Impartiality
Saying the truth
Avoid oppressing others
Avoiding bias and prejudice
Being balanced in ones views and judgements
19

Cont

20

Forms of Expression in the Quran

- al-Adl ( )and its derivatives = 10
(2: 282/ twice), (4: 58), 16: 76, 90), (49: 9), (5: 8),
(6: 152), (42: 15)
- al-Qist ( )and its derivatives = 18
(3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7: 29),
(10: 4, 47, 54), (11: 85), (21: 47), (55: 9), (57: 25), (5:
42), (49: 9), (60: 8).
- ( balance)
20

21

Forms of Justice
J u s tic e
J u d g in g b e tw e e n p e o p le
S a y in g s
s ta te o f m in d /
w a y o f th in k in g
21

w a y o f tr e a tin g
p e o p le

Causes of Injustice vs. Requirements of

Justice
22

Causes of injustice:
Hatred: enemies + opponents
Love and favor: relatives + cronies
Self-interest and greed
Ignorance
Hasty decisions
Consequence of Injustice: Bankruptcy
22

OBEDIENCE (TAAH)


O you who believe! Obey Allah and obey
the Messenger and those in authority
from among you (Al-Nisa, 4: 59)

23

OBEDIENCE (TAAH)
HAIRARCHY OF OBEDIENCE
1. ALLAH
2. RASUL
3. THOSE ABOVE AND SUPERIOR TO US

There is no submission in matters

involving God's disobedience or
displeasure. Submission is obligatory
only in what is in accordance with
Shariah
24

Ethics of Disagreement
Ikhtilaf/ khilaf = difference/
disagreement
Difference is a universal phenomenon
If your Lord had willed, He would have
made all mankind one single nation, but
He willed it otherwise, and so they
continue to differ
[Qurn. 11:118]
25

..Dalil
Journey to fight the tribe of Qurayzah
The Prophet gave an order to Muslims not to
pray 'Asr except at the tribe of Qurayzah
As the time for 'Asr prayer arrived, some held
the opinion that they should not perform the
prayer before reaching their destination,
others took the contrary opinion
The Prophet (SAW) endorsed both opinions
26

Differences
Positive and extremely beneficial provided
that:
i. Differences do not exceed their limits
(subsidiary not fundamental matters)

ii. They remain within the standard norms

of ethics and proper behaviour
Rejection of Impulsive Disagreements:
Prompted by egoistical desires to get
personal, psychological satisfaction or to
achieve certain personal objectives
27

..Ethics
Early Muslims ethics towards Differences:
Strove to avoid it (brotherhood transcends
differences)
Remain firmly within the bounds of what is
allowed in striving to reach the truth
admit their errors - tremendous respect for
people of virtue, knowledge, and
understanding
regarded corrections as a form of
assistance which a person extended to his
28 brother in faith - not seen as exposing a

WEEK 3

Family Ethics in Islam

30

SOCIAL INTERACTION

1.

Prohibition of looking with desire at the opposite

gender

2.

Prohibition of improper dress

3.

Prohibition of excessive beautification

4.

Prohibition of khalwah

5.

Prohibition of boyfriends, girlfriends

30

Marriage in Islam
Offers tranquility to the soul
Live together in love, mercy, harmony,

co-operation, and
The foundation for raising a Muslim
family in a nurturing and sound
environment

31

SELECTION OF WIFE
"A woman is married for four things:
1. her wealth,
2. her noble descent,
3. her beauty and
4. her religion.

So marry a woman for her religion or you

will be a loser" (Bukhari)
32

FOUNDATION OF MARRIAGE
1. Marriage must be as permanent as
possible
Do not divorce women unless for genuine a
reason, for Allah does not like 'tasters' (those
who merely look for new experiences). (alTabarani)

2. Marriage must be based on mutual

consent
A woman who has been previously married (a divorce or
widow) has more right concerning her person than her
guardian, and a virgin' consent must be consulted
about herself, her consent being her silence (Muslim)
33

FOUNDATION OF MARRIAGE
3. Reasonable Dowry
'Aisha reported that the Prophet said, "The most
blessed wives are those wives whose dowry is
affordable

4. Both (husband & wife) have similar

rights of good treatments
"And they have rights similar to those against
them (rights of husband) in a just manner, and
men are a degree above them (external
authority in the household)" (the Quran, 2: 227)
34

Cont

35

The Prophet (s.a.w.) said: Every one

of you is a guardian and every one
will be asked about his subjects... A
man is the guardian of the persons in
his household and he will be
answerable about them. A woman is
the guardian of her husbands house
and she will be asked about her
responsibility (hadith)
35

RESPONSIBILITY OF A CHILD
Treat them with kindness and respect

Your Lord has decreed that you worship none

but Him, and to be kind to parents [Quran
4:36]
36

RESPONSIBILITY OF A HUSBAND
1. To provide suitable maintenance for
wife and children
The wife of Abu Sufyan, complained to
the Prophet about her husband's
miserliness in not providing her and her
children with proper necessities. The
Prophet allowed that she may take from
her
husband's
wealth
what
was
reasonably
sufficient
for
their
maintenance. (al-Bukhari)
37

RESPONSIBILITY OF A HUSBAND
2. To be kind, accommodating, and treats
his wife in a loving manner
The most perfect believers are those who
are the best-mannered and the most
tender with their wives

38

No believing man should hate a believing

woman. If he dislikes one of her
characteristics, there will be others that
do please him (Muslim)

RESPONSIBILITY OF A WIFE
1. To

create a comfortably soft and

relaxing atmosphere
2. To be loving and obedient to her
husband
3. Not
going out except with the
husbands permission
The Prophet said: If a woman prays, fasts,
guards her chastity and obeys her husband, let
her enter Paradise by whichever door she likes
39

40

DUTIES TOWARDS CHILDREN

1. Selection of good parents
2. Right

to

legitimacy:

legitimate

father

and

mother, prohibition of legal adoption: to retain his

original familys name and to know his real parents
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
40

RESPONSIBILITY OF BOTH
1. To help each other to follow the

right way and practice Islam and

safeguard him / her against evil
and sins
2. To

be
kind,
understanding,
forgiving, and treat the spouse in
a tender and loving manner

3. To
41

meet the psychological

physical needs of the spouse

and

RESPONSIBILITY OF BOTH
4. Focus on positive aspects and
appreciate them. Avoid focusing on
negative ones and try to tolerate
them
5. Both parties have to avoid any
extramarital relationship, or any
relation that may cast suspicion on
his/her behaviour
42

WEEK 4

Professional Ethics

Judges
The Prophet said, "There are three
classes of judges, one of whom will be in
the Garden and the other two in the Fire.
The one who will be in the Garden is a
man who knew the truth and judged
accordingly. The one who knew the truth
but misjudged and the one who judged
for the people in ignorance will be in the
fire"
44

Judges
Qualifications of the judge in Islam
1. Being a conscientious person who is
self -determined to serve justice
Surely Allah commands you to render
back trusts to their owners and that when
you judge between people you judge with
justice (The Quran, 4: 58)
2. Knowledgeable and skilled
45

Ethics of a Judge
1. To judge with justice
i. To do ones best to reach a just decision
ii. To base the decision on the evidence available
iii. Self satisfaction that this is the right decision

2. To administer justice without fear and

favor
3. He must be patient and lenient
The Prophet said, "No one should judge
between two persons when he is angry"
46

Public Prosecutor
Who is a public prosecutor?
A Public Prosecutor is a government official
who conducts criminal prosecutions on
behalf of the state
A public prosecutor has:
1. To balance between protecting the rights of
the society & the rights of the accused
2. To punish people according to the offence
committed
3. To avoid selective prosecution motivated by
personal / political affairs
47
47

Cont

4.To avoid fabricating evidence or

accusations
5.To avoid suppressing pieces of material
evidence
6. Not to prosecute in cases where they
have personal affairs, or close relatives
involved
7. To avoid bribes

48
48

A LAWYER
1- Lawyers duty toward justice & society:
To secure justice between people:
i. Not to engage himself in tactics that may defeat
the
fair administration of justice
ii. Not to hide the truth
iii. Not to fabricate evidence
iv. Not to cross-examine an adverse witness in such a
way to undermine or destroy his true testimony
v. Not to invoke the rules of evidence to exclude
points
that would weigh against his case which he knows
49
49
they are true

Cont
2- 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
50
50

The Policy of a Muslim Lawyer in Taking

Cases of Court

51

51

Cont

1. Judge between people by means of

that which Allah has taught you
2. Do not advocate on behalf of those
who betray their trust (treacherous)
3. Do not plead on behalf of those who
deceive themselves
4. Not to hide the crime
52
52

Business Ethics
Any business must be within the Islamic
parameters of halal and haram
Making Halal Earnings
Islam places great emphasis on the code
of lawful and unlawful in business
transactions
Do not devour one anothers property
wrongfully, nor throw it before the judges in
order to devour a portion of others property
53
sinfully and knowingly (2:188)

Business Ethics (cont)

Upholding honesty and truthfulness and
avoiding deception
The seller and the buyer have the right to
keep or return the goods as long as they have
not parted or till they part; and if both the
parties spoke the truth and described the
defects and qualities [of the goods], then they
would be blessed in their transaction, and if
they told lies or hid something, then the
blessings of their transaction would be lost
(Hadis)
54

Business Ethics (cont)

A Muslim has to avoid:
1- Sale of Al-Gharar (Uncertainty, Risks,
Speculation)
In Islamic terminology, this refers to the
sale of a commodity or good which is not
present at hand; or the sale of an article
or good, the consequences or outcome of
which is not yet known; or a sale
involving risks or hazards where one does
not know whether at all the commodity
will later come into existence
55

Business Ethics (Cont.)

2-Hoarding
No one hoards but the sinners
3- Exploitation of ones Ignorance of Market
Conditions

The Prophet said, A town dweller should not

sell the goods of a desert dweller
4- Al-Najash (Trickery)
The term Al-Najsh means an action in which a
person offers a high price for something,
without intending to buy it, but just to cheat or
defraud another person who really means to
56
buy it

Business Ethics (cont)

5-Taking unnecessary oaths
Traders often take recourse to swearing
to emphasize that their items are of good
quality
The Prophet
said, Swearing [by the
seller] may persuade the customer to
purchase the goods but the deal will be
deprived of Allahs blessing
57

WEEK 5
Ethics in Politics and
Ethnic relations

58

Ethical Values in Politics

A form of political set up established on
the basis of mutual consultation and
popular consent
And take counsel with them in the
affair (3:159)
Their affair being counsel between them
(42:35)

On many occasions, the Prophet pursued

the policy of consultation to adopt
strategic
plans
of
national
and
international importance. So did the four
59
caliphs
after him

Ethics in the Domain of Politics

60

The concept of government

The basic principles:
- 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
Trust vs. opportunism & misuse of power
60

Cont

61

The concept of opposition

1. To monitor the activities of the

government
2. Cooperate in good and beneficial
matters
3. Criticize what is seen to be wrong
and bad.
change vs. cooperation

61

Cont

62

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

62

Cont

63

Rejection of Criticism
False pride and dignity
Criticism = challenge humiliation
Should see criticism = advice
- Helps us to correct our
mistakes
- Strengthen our character
- Improve our performance
63

Ethnic Relation: Basic foundations

64

Accommodating the needs of

every
ethnic
group
without
discriminating their rights and
values
Against the compulsion on other
religions
Sahifah Madinah reflected a just,
liberal and caring Islamic stand
toward other ethnics
64

Cont

65

Among the details regarding non-Muslims in

the constitutions are:
Every Muslim and non-Muslim is responsible
for defending and protecting the country.
They are not allowed to help the enemy of
Islam
They are given citizenship and their security
is protected
Every citizen should be treated justly and
helped
Freedom of religion
Every individual or group has his / its own
right and it should not be transgressed
65

Dealing with Different Ethnic Groups: Some

Quranic and Prophetic Illustrations
66

1. Good social interaction

Allah forbids you not, with regard to those
who fight you not for (your) Faith nor drive
you out of your homes, from dealing kindly
and justly with them: for Allah loveth those
who are just. Allah only forbids you, with
regard to those who fight you for (your)
Faith, and drive you out of your homes, and
support (others) in driving you out, from
turning to them (for friendship and
protection).. (al-Mumtahinah: 8-9)
66

Cont

67

2. Uphold the rights of a neighbor

The Prophet (s.a.w.) said: Neighbor is of
three types: (1) enjoy one right which is
non-Muslim (right of neighbor); (2) enjoy
two rights which is Muslim (right of
neighbor and right as a Muslim); and (3)
enjoy three rights which is relatives (rights
of neighbor, of Muslim, and of relatives)
(Hadith)

67

Cont

68

3. Respect the others non

Muslims
Once a dead body was being brought in front
of the Prophet (s.a.w.), and the Prophet stood
to respect. Then he was told that the body
belonged to a Jewish. He replied: Is it not a
body (jasad)

4. Communicating with Hikmah

Do not argue with the people of the book

except with the best (hikmah) (al-Ankabut, 29:

68

Cont

69

Pay them a visit if they are

sick

5.

It is reported that the Prophet (p.b.u.h.)

used not only to visit non-Muslims if they
were sick, but more than that, he was
normally the first to do so

69

WEEK 6

General view of Islamic

Fiqh

70

Definition of Fiqh
Linguistically:
fahm (profound and correct
understanding)
Technically:
The knowledge of detailed Shari ahkam
(legal rules) pertaining to conduct
derived from their specific evidences

71

The Scope
1. IBADAT
2. MUAMALAT
3. MUNAKAHAT
4. JINAYAT

i. HUDUD
ii. QISAS
iii. TAZIR

72

The Significance of Fiqh

Man is bound by responsibilities and duties
towards his Creator and towards his fellow
human beings
Knowledge of fiqh:
1. makes one aware of such obligations
2. guides in discharging the duties &
responsibilities
3. helps in evaluating the validity of his
actions
73

Cont

Shari ah
A comprehensive term which includes:

i. Aqidah
ii. Fiqh
iii. Akhlaq

74

Shari ah
Fiqh
- Wider
- Narrower
- Source = Quran
- Quran, Sunnah &
Sunnah
Ijtihad
- Unchangeable
- Some parts may
change
74

WEEK 7
Ijtihad
The emergence and

development of Fiqh
Schools of Fiqh
75

IJTIHAD

The emergence of madhahib fiqhiyyah

is the result of practising ijtihad
What is ijtihad?
Interpretation of texts
Deduction of ahkam (legal rulings) on
new incidents
76

76

Why Ijtihad is needed?

Texts which impart more than one

meaning = imply more than one

interpretation
Texts are limited in number while new

incidents are unlimited in number

77

A lot of texts are in the form of

general rules and principles to
embrace new incidents
77

Ijtihad: Emergence and Development

1- Era of Revelation
The main source of law was Revelation

(the Quran)
Sunnah as an inspiration and guidance

from Allah (s.w.t.) to His Messenger (s.a.w.)

78

78

Cont

Ijtihad of Sahabah
There is but limited
Corrected by the Prophet (s.a.w.) or

Revelation
If they disagree on any issue they

refer it the Prophet (s.a.w.) and his

decision is final
79

79

2- Ijtihad in the Era of Sahabah

The scope is widened:
Expansion of Muslim state (new people,
new customs and traditions)
Development of life (new challenges)
The result of this ijtihad:
Consensus of opinions (ijma )
Disagreement (khilaf): No FINAL
authority to unite all opinions
That was the seed of madhahib
fiqhiyyah
80
80

3- Post Sahabah (Tabiin)

The scope became wider
Mujtahids:
scholars
(who
are
specialized in religious studies and
mastered it) developed their methods
of ijtihad
Madhahib shaped and developed
81

81

What is a Mazhab?
Emergence
A scholars approach of ijtihad = rules and
principles of interpretation + legal views
and opinions
Development
The sum total of the scholars legal rulings
as well as the rulings of his students and
that of all the scholars who adhered to their
approach of ijtihad
82

82

Cont

Mujtahid: rules of interpretation +

legal opinions
Students: adopt his approach +
narrate & record his legal opinions +
spread those opinions + enrich them
Those who adhere to his methodology
of ijtihad: spread the mazhab + enrich it
+ formalize the mazhab
83

83

Cont

How many madhahib are there?

In the first sense of madh-hab, there were

many madhahib
But those madhahib of Sunni school which

continued to exist and established themselves

are four
The reason behind this continuation is mainly

because of the number and the role of students

and followers
84

84

Four Major Madhahib

1. The Hanafi Madh-hab (Imam Abu Hanifah

Numan ibn Thabit 703-767C.E.)

2. The Maliki Madh-hab (Imam Malik Malik ibn

Anas Amir 717-801C.E.)

3. The

Shafii

Madh-hab

(Imam

Al-Shafii

Muhammad ibn Idris Al-ShafiI 769-820C.E.)

4. The Hanbali Madh-hab (Imam Ahmad Ahmad
85

ibn Hanbal Al-Shaybane

778-855C.E.)
85

Schools of fiqh
Abu Hanifah (Nu'man ibn Thabit)
-born in Kufah (Iraq) in 80 A.H. and died
in
150 A.H.
-His father was a silk merchant of
Persian
origin
-Known as "the greatest Imam
-Met the companions of the Prophet and
is
86
counted amongst the tabi'un

Schools of fiqh
Imam Malik ibn Anas
-Born in Madinah 93 A.H. and died 168
A.H.
-The scholar of Madinah and the Imam of
the people pf Hijaz
-He lived his whole life in Madina where
much of the Quran was revealed and
most
of the legal practices of Islam
established
87
-The
author of al-Muwatta

Schools of fiqh
Imam Muhammad ibn Idris al-Shafi'i
-Born in Gaza in 150 A.H. and died
in 204 A.H.
-Travelled to Iraq and Hijaz and acquired
knowledge from the companions of Abu
Hanifah and Malik
-Then he settled in Egypt and abandoned
his
old opinions after establishing his new
school
88
-The
first to write about the legal theory

Schools of fiqh
Imam Ahmad ibn Hanbal
-Born in Baghdad in 164 A.H. and died
in 241 A.H.
-Studied under al Shafi'i
-One of the greatest memorizers
and narrators of Hadith of his time.
-His school is mostly related to hadith
-The author of al-Musnad
89

WEEK 8
Five rulings of
Islamic Law

90

Five Rulings of Islamic

Law
Hukm: judgment, judicial decision
It enjoins
the mukallaf (the morally
responsible individual) to either do or
refrain from an act, or gives him an
option to do it or not
Fard or Wajib (obligatory)
i. Fard 'ayn (personal duty)
ii. Fard kifayah (collective duty)

91

Five rulings of Islamic law

Mandub or Sunnah (recommended):
Rewarded for performing, while no sin for
neglecting
Haram (forbidden ):
i. Unlawful by itself. It means that the Lawgiver
forbids this act from the very beginning, such as
adultery, theft etc.

92

Five Rulings of Islamic

Law
ii. Unlawful due to extrinsic reason
Act that is initially obligatory, or recommended,
or permissible, but due to an extrinsic
circumstance has made it unlawful. E.g. marry
five wives at the same time

Makruh
(discourage):
Rewarded
for
neglecting, while no sin for performing
Mubah or Harus (permissible): Neither
commanded nor prohibited
93

Hanafis Rulings of Islamic Law

Seven Rulings:
1. Fard (obligatory ): Five prayers
2. Wajib (obligatory): sadaqat al-fitr (Alms
at the break of the fast), Eid and Witr
Prayer.
Fard is the duty:
i. From definitive and authentic evidence
ii. Denier is kafir and
iii. Its neglecter is impious
94

Hanafis Rulings of Islamic

Law
Wjib (Obligatory) is the duty:
i. Slightly weaker than Fard in its
demand of commission
ii. The evidences are probable with
respect to its authenticity
iii. Denier is not kafir,
iv. Neglecter is declared to be impious
95

Five rulings of Islamic law

3. Mandub
4. Haram
5. Makruh Tahriman:
An act from which a person is required, under
legal obligation, to abstain absolutely and which
is established by probable proof (closer to
Haram), e.g. sale over the sale of another person

96

Five Rulings of Islamic Law

6.

Makruh Tanzihan

An act from which a person is required, under

legal obligation, to abstain in a non-absolute
way
and which is established by probable
proof.
e.g. To drink water while standing

7. Mubah (permissible)

97

Five
Ethical
rulings
& Legal
of Implications
Islamic law
In the overall value structure of human
conduct, the primary valuation is religiomoral. Thus, hukm may by classified into:
Haram: morally forbidden
Makruh: morally reprehensible in the
sense that it does not entail liability to
punishment in this world or the next,

98

Moral implications
but rather it amounts to a form of
moral shortcoming preventing a
person from achieving reward-able
moral excellence
Harus: Morally neutral
Sunat
or
mandub:

desirable
Wajib: Morally imperative

99

Morally

WEEK 9

Maqsid al-Shari'ah

Maqsid al-Shari'ah: (the Objectives

of al-Shari'ah )
Promoting the best interests of human
beings (Maslih al-'Ibd):
1. To secure the interest of mankind that

pertains to Hereafter

2. To

secure the interest

pertaining to this world

101

of mankind

Importance of Interest
1- The Necessities (al-Daruriyyat):
Basic

requirements to the survival and

spiritual well-being of individuals and
societies

Their destruction lead to seriously affecting

human life (basic human rights), demise of

normal order, chaos in the society

Under Necessities lies Five Interests that

Shariah protects:
102

102

Cont

Al-Kulliyyat al-Khams (The five

Objectives of the Shariah)
1- Religion (al-Din)
2- Life (al-Hayah)
3- Intellect/ reason (al-aql)
4- Lineage/progeny/ family (al-nasl)
5- Property/ wealth (al-mal)
103

103

Cont

2- The needs (al-Hajiyyat):

Those interests which are needed to:
- support necessities
- remove severity and hardship
Their absence does not impose a threat to
the very survival of normal order and
basic human rights
3-The complementary interests (alTahsiniyyat):
To attain perfection and refinement in
human life
104

104

Cont

The benefit of this classification is to resolve

any conflict between these different
categories of interest
- The rules of conflict and priority:
1- The stronger interest shall prevail:
Although all the necessities should be
observed, promoted and protected, in case
of conflict they should be taken according to
the following order: - Daruriyyat have priority
over the hajiyyat, which in turn have priority
over the tahsiniyyat
105

105

Cont

Din has precedence over life (jihad).

106

Religion # intellect = freedom of

thinking.
Religion # property = spending /
haram wealth
Life has precedence over nasl
(abortion).
Life has precedence over aql (drinking
wine, drugs for medical purposes).
Aql has precedence over wealth
(education) ...etc.
106

Cont

Legal maxims (qawaid) which govern

this rule
1. Committing the lesser of two harms
2. Necessity dictates exception / necessity

overrules prohibition
3. That

which

became

permissible

by

necessity is estimated by the extent

107

thereof
107

WEEK 10

Bio-medical
Issues

Contraception
Islam encourages having many children.
Family planning due to valid reasons and
recognized necessities is allowed
The common method of contraception at
the time of the Prophet was coitus
interruptus
Jabir Narrated, We practiced coitus interruptus
during the time of the Messenger of Allah while
the Qur'an was being revealed (Bukhari and
109
Muslim )

CONTRACEPTION
The Prophet (s.a.w.) did not prohibit
contraception but he did not
encourage it
It would be lawful for a couple to
use contraceptive methods if they
opt for it, provided that:
It

does not
termination
110

involve

pregnancy

Cont

It should not be made as a general policy

of a Muslim community as it may be

exploited by anti-Muslims to affect Muslim
communities and turn them to minorities
It should not be imposed on anyone by

anyone, as it is the absolute right of

everyone to have children
It

should be practised only with the

consent of both sides; husband and wife
111

SETERILIZATION
TWO TYPES:
1. Vasectomy: A surgical procedure
leading to the sterilization of man. It
is a procedure that involves cutting,
tying and sealing both the tubes
running sperm from testicles to the
urethra and penis
It is a way to prevent ejaculation
permanently
112

Cont

2. For women, oviducts (tubes that run

eggs) are surgically cut and sealed,
preventing an egg from reaching the
womb or from even coming in
contact with sperm but allowing
ovulation to continue
It is a way to prevent pregnancy
permanently for women
113

Rulings on Sterilization:
Sterilization is not lawful in Islam. It is
against one of the main objectives of
creating the two different sexes; that
is to have children and cause the
continuation of human race

114

Cont

.( :)
Sad bin Abi Waqqas says: the idea of 'Uthman
bin Madh'un for living in celibacy was rejected by
the Prophet (s.a.w.), and if he had been given
permission they would have got themselves
castrated (sterilized) (Hadith, Muslim)
115

Cont

It may be practised under cases of

necessity:
When pregnancy becomes dangerous to

the
mothers
life
(determined
by
trustworthy-Muslim doctors) and when
other alternatives of contraception have
been exhausted without being effective
Marriage for tow persons infected with

AIDS, HIV
116

ARTIFICIAL INSEMINATION
Artificial method to impregnate a woman.
There are two different methods:
1- In vitro fertilization/ IVF (test tube
babies)
This is a method of assisted reproduction in
which the mans sperm and womans egg
are taken and then combined in a
laboratory dish, where fertilization occurs
The resulting pre-embryo is then transferred
to the womans
uterus
117

2- Artificial Insemination
A method of inducing pregnancy in a female
mammal by injecting sperm into the womb.
Both would be lawful if:
- If the sperm is taken from the legal husband
- In a continuing marital life (valid marriage
contract)
But if the sperm used is from a third party or
one who is not a legal husband or from the
husband but after divorce or his death, it will
be prohibited
118

SURROGACY

An arrangement whereby a
woman agrees to become
pregnant and deliver a child for
a contracted party

119

Surrogate motherhood:
1. The sperm and the egg are taken respectively

from a legitimate husband and wife. The egg

fertilized and then implanted in the womb of
another woman who is not the wife of that
man. (Uterus)
2. The sperm is taken from the legitimate
husband but the egg is taken from another
woman who is not his legal wife. The egg is
fertilized and then implanted in the womb of
his legal wife (Egg)
120

Cont

3. The sperm is taken from the legitimate husband but

the egg is taken from another woman who is not his

legal wife. The egg is fertilized and then implanted
in the womb of the same woman from whom the
egg was taken. (Egg + uterus same woman)
4. The sperm is taken from the legitimate husband but

the egg is taken from another woman who is not his

legal wife. The egg is fertilized and then implanted
in the womb of a third woman. (Egg + uterus
different women)
These four forms are haram because in each case a
third party who is not a legitimate wife is involved
121

Cont

5. The sperm is taken from a husband who have

more than one wife. The egg is taken from one

wife. After fertilizing the egg the pre-embryo is
implanted in the womb of the second wife

Regarding this case, most of Muslim scholars

believe it is unlawful too. Although the sperm is
not strange to the womb since it is the womb of
his second wife, but the egg is a stranger because
it is from another woman

Another objection is that the woman who is

bearing the embryo may conceive from her
husband using her own egg whereas the embryo
implanted may fail to develop and this may lead
to confusion: to whom the foetus belongs?
122

Cont

Marital life is limited to its legitimate

parties. Any practice that may involve

any third party (either a man or a woman)
in any form (whether in the form of
semen, an ovum, an embryo, or a womb)
is unlawful
Any interference to violate the contract of

marriage by introducing any third party

(male or female) by a normal way or a
biomedical technique is violation of
Islamic law. Thus, it is forbidden
123

Cont

Blood relationship is the fundamental basis

of marriage and inheritance in Islam. Any

practice that may undermine the family ties
or create lineage confusion is forbidden
Destruction of the concept of motherhood
Weakening familial relations
Confusion in lineage
124

Adoption
In Islam, legal adoption is prohibited.
Nor has He made your adopted sons your
(real) sons (33:4-5)
Arabs of Jahiliyyah used to add anyone
they wished to their lineage and family
through adoption. Before this practice
became outlawed, The Prophet adopted
Zaid bin Harithah
125

LEGAL
ADOPTION

FOSTER
PARENTING

1.

Take the name

of the new
family

Older family retain

2.

Entitle to
inheritance

Not Entitle can be

given through
wasiyyah up to 1/3

3.

126

Not Mahram

WEEK 11

Bio-medical Issues

ABORTION
The expulsion of the products of pregnancy
before the foetus is viable. Any interruption
of human pregnancy prior to the 28th week
(6 months) is known as Abortion
Legal Rulings:
1- After quickening (the soul breathed in the
body)
Prohibited (Consensus - Ijma). This
includes cases when the foetus is a result
of unlawful sexual intercourse, rape or
128
incest

Cont

When quickening takes place?

After 40 days
After 120 days
2- Before quickening (40 days / 120
days)
- Few scholars: Permissible
- Few scholars: Reprehensible
129

Cont

The majority: Prohibited only for

justifiable
reasons (rape, incest,
genetic diseases)

Why prohibited?
Assault against human life.
Harmful
(mentally,
emotionally,
physically)
Ethical impact: Encourage adultery
especially among teens
130

Plastic Surgery
The surgical speciality concerned with
the treatment of structural deformity
and disfigurement. It is also involved
with the enhancement of the
appearance of a person (beauty)

a) Cosmetic Surgery
b) Reconstructive Surgery
131

a) Cosmetic Surgery:
Performed
to
reshape
normal
structures of the body to improve the
persons appearance such as:
i. Facelift (medical operation in which
the skin of a persons face is
tightened in order to make them look
younger) and attempts to reverse the
signs of ageing, and
2. Surgery of breasts (to increase or
decrease the size of the breasts)
132

Cont

Abdullah reported that Allah had

cursed those women who tattoo and
who have themselves tattooed, those
who pluck hair from their faces and
who have their facial hair plucked,
and those who make spaces between
their
teeth
for
beautification
changing what Allah has created
(Hadith, Muslim)
133

Cont

Excessive beautification
Entails deception
Changing creation of Allah
Entails dissatisfaction with ones creation
Pride and show-off
Not needed/ no harm to be removed
Concentration on carnal beauty
Wasting of money

134

b) Reconstructive Surgery:
Performed on abnormal structures of the
body:
Congenital defects (defects that exist since
or before birth): Abnormally turned-out lips,
split lips, twisted fingers or toes...etc.
Developmental abnormalities: Tumours (a
mass of cells growing in or on a part of the
body where they should not, deformed
teethetc.
Injuries: Scars left by leprosy or other skin
diseases, or scars caused by accidents and
burnsetc.
135

Cont

This type of surgery may be

permitted because these faults
and scars usually cause physical
and psychological pain to the
person inflicted with them.
Moreover, operating on them is
not considered to be changing
the creation of Allah
136

Euthanasia (Mercy Killing)

People involved:
A patient in a persistent vegetative
state who is awake but is not aware
of self or the environment
Patient in terminal illness who may
or may not be subject to life-support
machine
People suffering from great pain
137

Cont

Types of Euthanasia:
a) Active Euthanasia:
An act of commission by taking action that leads
to death, e.g. a lethal injection
b) Passive Euthanasia:
- Letting a person die by taking no action to
maintain his life, like stopping giving medications
to one whose life is dependent on it
- Withholding medical or surgical procedures and
life-support systems

138

Organ Donation and Transplantation

Legal justification

...
(32 : )...

- and who saved a life it would be

as if he saved the lives of all
mankind. (5: 32)
- Charity
- Necessity dictates exception
- Choice of the lesser evil if both cant
be avoided
- Prohibition of sale or exchange
139

Donors..
- Children/ minors/ under guardianship
- Adults:
- Living
- Dead:
- Explicit acceptance or
rejection
- No will

140

Rulings..
It is permissible to transplant an organ from one place
in a persons body to another place in the same body;
expected benefits outweigh any possible harm;
remove a deformity that is causing the person
psychological or physical harm
It is permissible to transplant an organ from the body of
one person to another if it is an organ that renews
itself automatically, such as blood and skin
It is permissible to make use of organs that have been
taken from the body of another person due to
sickness, such as taking the cornea from the eye of a
person whose eye
has been removed due to sickness
141

Haram to transplant an organ from a living person

when its removal may cause an essential function

to cease, even though his life does not depend on
it, such as taking the corneas of both eyes
Transplant from a dead after permission by:

The deceased before his death, or

ii. His heirs after his death, or
iii. The authorities in charge of the Muslims if the
identity of the deceased is unknown or he has
no heirs
i.

142

Trans-Sexuality
Refers to people who have a
compelling sense that their gender
identity is not in conformity with the
physiological or biological sex they
are born with. This may lead some to
seek gender (or sex) reassignment
surgery to make her/his biological or
physiological sex correspond to
her/his gender identity
143

Cont

Trans-sexuality can be addressed through

three similar phenomena:
1. Hermaphrodite: An abnormal individual
especially among the higher vertebrates
having
both
male
and
female
reproductive organs
2. Homosexuality:
A typical sexuality
characterized by manifestation of sexual
desire toward a member of ones own sex.
3. Transvestitism: The practice of adopting
the dress, the manner, and frequently the
sexual role of the opposite sex
144

Islam forbids trans-sexuality. This is based on

the following ahadith:
Ibn 'Abbas has narrated that Allahs Apostle

cursed those men who are in the similitude

(assume the manners) of women and those
women who are in the similitude (assume
the manners) of men (Hadith, al-Bukhari)
Abu Hurairah narrated that the Apostle of

Allah (s.a.w.) cursed the man who dressed

like a woman and the woman who dressed
like a man (Hadith, Abu Dawud)
145

LGBT
And (remember) (Lut), when he said to
his people: Do you commit the worst sin
such as none preceding you has
committed in the worlds (mankind and
jinn)? Verily, you practice your lusts on
men instead of women. Nay, but you are
a people transgressing beyond bounds
(by committing great sins) [7:80-81]

146

WEEK 12
Environmental ethics
& ethical issues in
ICT

Pollution and Global warming

Environment: the sum total of all external
conditions and influences affecting the
development and life of organisms
Ecosystem refers:
i. All the living things, from plants and
animals to microscopic
organisms,
that share an environment
ii. It is also the way they interact with
their environment

148

Pollution and Global warming

Mans greed has polluted the land, air
and water by deforestation (cutting
down or burning the trees), industrial
waste spillage, release of active
chemical waste
Resulted in global warming (an
increase in the average temperature of
the Earth's atmosphere, especially a
sustained increase great enough to
cause changes in the global climate)
149

Ecosystem
Mans responsibility towards
the ecosystem
The Prophet said, "Beware of the two
acts that bring curse: relieving oneself in
the path of people or in the shade (where
people usually rest.) (Abu Daud)

150

DEFAMATION DEFINED
Prophet Muhammad SAW said: Do you
know what backbiting is?" They said,
"God and His Messenger know best." He
then said, "It is to say something about
your brother that he would dislike."
Someone asked him, "But what if what I
say is true?" The Messenger of God said,
"If what you say about him is true, you
are backbiting him, but if it is not true
then you have slandered him (Muslim)
151

Defamation
Lies, suspicion, back biting, slander and
gossip are:
totally alien to Islam
ii. amongst the most destructive of major
sins
iii. sow enmity and discord and lead to its
destruction
i.

152

Dalil condemning
Like eating the flesh of his dead brother
(49:12)
The deed was most serious in the sight of
God (24: 15)
The Prophet SAW says: When man wakes
up in the morning each day, all parts of the
body warn the tongue saying, Fear God as
regards us for we are at your mercy; if you
are upright, we will be upright and if you
are crooked, we become crooked."
153

(At-Tirmidhee)

Plagiarism Defined
Plagiarism
Presenting someone elses work or
ideas as your own,
With or without their consent or full
acknowledgement
All published and unpublished material,
whether in manuscript, printed or
electronic form
154

Plagiarism
o Taking others words or ideas
o As for using others thoughts by way of

paraphrasing them and mingling them

with ones own thoughts, need to cite
the original thinker or inventor

155

WEEK 13

Ethical Issues in
Finance

BASICS PRINCIPLES
1. Prohibition of riba (usury/ interest)
2. Prohibition of gambling
3. Prohibition

of
involvement
in
prohibited commodities (production,
sale, buy)

4. Avoidance of al-Gharar (ambiguities,

uncertainty)
5. Profit and risk sharing
157

Credit Card
A small plastic card issued to users of the credit
system after approval from a provider (bank), in
which they will be able to make purchases from
merchants supporting that credit card up to a prenegotiated credit limit
When a purchase is made, the credit card user
indicates their consent to pay, usually by signing
a receipt
158

Types of Credit Given

1. Some credit card issuers offer interest-free

periods.
If the balance is paid in full each month (or the

stipulated period) the interest charges will be

waived. This allows the credit card to serve as a
form of revolving credit
If the balance is not paid as stipulated by the

agreement on the which the card was issued,

interest charges will be imposed on the credit
card holder
159

Cont

- Typically, the rate of interest charges

on the amount owing is much higher

than most other forms of debt.
2. Some credit providers charge
interest on the amount owing
from the very beginning.

160

Debit Card
A card which physically resembles a credit
card
Used as an alternative to cash when making
purchases.
Direct withdrawn of money from the
purchaser's checking or savings account at
a bank.
161

Multi-Level Marketing
Generally Multi Level Marketing (also known as
network marketing) - an alternative approach
of conducting business that involves selling of
goods and services through a network of
distributors. It involves multiple levels of
distributors known as upline and downline.
Prohibited If:
1) Inflated Selling Prices: Some goods and
services sold through MLM network are traded
at higher prices compared to its market prices
just to ensure the MLM companies enjoy a
higher rate of return and are able to pay
commission to their distributors
162

2) Sales target as a pre-requisite for

commission payment: Usually, in addition to
the membership fee, MLM companies would
set a minimum sales target for the upline if
they would like to enjoy any commission
from the sales of their downline
(oppression)
3) No tangible product for sale: Some MLM
schemes only require the members to
register and find more downline without the
need to sell any product. With each new
member introduced, the upline enjoy a
163
portion of the
registration fee of the

4. Does not utilize pyramid scheme i.e.

First In Rich Forever (FIRF) scheme:
The marketing plan should ensure that
everybody has an opportunity to get
commission based on their
performance and not according to
First in Rich Forever scheme

164

Get-rich Quick Scheme

A plan offers
i. high or unrealistic rates ofreturnfor a
small investmentwhile
ii. at the same time promising that such
investment is easy andrisk-free
Illegal Deposit Taking Activities
Illegal deposit taking is an act of receiving, taking
or accepting of deposits (moneys, precious metal,
precious stone, any other article etc.) from
members of the public that promises a repayment
with interest or returns in money or money's worth
without a valid licence under the Banking and
Financial Institutions Act 1989 (BAFIA)
165

WARNING SIGNS
The person (an individual, a company

or an organisation) receives, takes or

accepts deposits from members of the
public and is not licensed under
section 6(4) of the BAFIA;
The person promises to repay the

deposit, with or without interest or

returns, over a period of time in the
form of money or money's worth, etc.
166

The person promises to repay the

initial deposit upon demand or at a
time or in circumstances agreed by or
on behalf of the person making the
payment and the person receiving it,
with any consideration in money or
money's worth (the repayment of
initial deposit is sometimes included
in the fixed interest or returns
promised)
167

SLIDE ENDS

168