Alhassanain(p) Network for Heritage and Islamic Thought

You and God

A. Human Efforts and Divine Decree

Both Muslims and non-Muslims who readily use the belief in predestination and divine decree to explain the present backwardness of some Muslim societies often misunderstand the issue of divine decree vis-a-vis the seeking of livelihood. Therefore, the role played by humans and God in this issue needs to be clearly understood.

When it comes to human actions, Muslims believe that while the power to act is given to us by God, the ultimate decision whether to act or not is our own-this is why we are accountable for our deeds and will be questioned for them on the Day of Judgment.

The story, however, is completely different when we talk about those aspects of our Lives that arc predetermined by God (taqdir). There are only a few aspects of our lives (like life, death and sustenance) which can be listed under the category of predestination -taqdir.

When it comes to taqdir, to a certain extent, we believe that while human beings provide the preliminaries, the result is in the hands of God. Farmers, for example, can cultivate the land, sow the seed, irrigate the plants, weed the grass and always remain on alert. Yet, they cannot be sure of getting the harvest. A drought, cyclone, fire or lightening may destroy the crop.

The issue of livelihood is one of the taqd'irs of God. Therefore, we believe that seeking of livelihood is within the sphere of our capabilities but the result is not within our powers. That is the meaning of the verse:

“Allah expands the sustenance for whomsoever He desires and straitens it for whomsoever He desires...” (13:26)

However, we as humans have no knowledge of the nature and the quantity of the sustenance that God has decreed for us; therefore, we are expected to work as hard as we can and then pray to Allah to bless our efforts and not let our toils go fruitless.1

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The Quran gives an interesting parable of two men: one who exclusively relied on his own hard work and denied the Divine role in his wealth, while the other was cognizant of God's role:

“For one of them We made two gardens of grape vines, and We surrounded them both with palms and in the midst of them, We made cornfields.

Both these gardens yielded their fruits, and failed not at all, and We caused a river to gush forth in their midst. Moreover, he possessed much wealth.

So he said (one day) to his companion, while he disputed with him:

"I have greater wealth than you, and am mightier in followers."

And he entered his garden while he was unjust to himself. He said:

"I do not think that this will ever perish; and I do not think the hour [of judgment] will come. And even if 1 am [resurrected and] returned to my Lord, I will most certainly find a returning place better than this."

His companion said to him, while disputing with him:

"Do you disbelieve in Him who created you from dust, then from a small seed, and then He made you a perfect man?

"As for me, He, Allah, is my Lord, and I do not associate anyone with my Lord.

“And when you entered your garden, why didn't you say: 'It is as Allah has pleased (masha’Allah); there is no power except with Allah?”

"If you consider me to be inferior to you in wealth and children, then maybe my Lord will give me what is better than your garden, and send on it a thunderbolt from heaven so that it shall become even ground without plant, or its water would sink down into the ground so that you are unable to find it."

And [lo] his wealth was destroyed: so he began to wring his bands for what he had spent on it, while it lay, having fallen down upon its roots and he said, “Ah me! I wish that had not associated anyone with my Lord."

However, he had no host to help him besides Allah, nor could he defend himself.

The power and authority belongs only to Allah, the True One: He is the best reward -giver and the best punisher.” (18:32-44)

There are many examples of millionaires who lost everything in spite of their expertise and hard work - this proves that a person should not rely solely on his or her own knowledge and efforts that he or she should trust in the power of the Almighty, and pray for His grace and guidance.

B. Seek from Lawful Means

''The Trustworthy Angel has informed me," said the Prophet Muhammad (s.a.w), "that no soul shall die before the completion of its sustcnance.2 Therefore, fear Allah and do your best in seeking [of the sustenance].

"But delay in any portion of your sustenance should not push you to seek it by disobeying Allah (i.e... By unlawful means) because Allah, the Blessed and the High, has distributed the sustenance among his creatures by lawful means and did not divide it through unlawful means.

"One who fears Allah and has forbearance, Allah will give him the sustenance from the lawful [means]; and one who transgresses the limits of propriety, makes haste and seeks it from unlawful means, his lawful sustenance will be decreased and he will be held accountable for it on the day of resurrection ."3

*****

Imam as-Sadiq (a.s) said: "The sustenance is divided into two types:

• One type of sustenance [from Allah] will reach its owner even if he does not seek it.

• Second type of sustenance is dependent upon his seeking it.

"The first type of sustenance will reach to the person in any case even if he does not work for it. As for the second type of sustenance that has been decreed for him conditional upon his work, he has to seek it from the proper means that are the means made lawful by Allah. If he seeks it through illegitimate (haram) means and finds it, then he will be questioned about it.”4

Once Imam 'Ali (a.s) went to a mosque. He saw a man standing by the door and asked him to look after his horse. When the Imam came out of the mosque, he had two dirhams in his hand that he wanted to give to that man as appreciation for looking after his horse. However, the man was nowhere to be seen.

When Imam 'Ali went over to his horse, he saw that the rein was missing. He found one of his companions and gave him two dirhams to buy another rein for his horse. The companion went to the market place; he saw a man standing by the road and selling a rein. The Imam’s companion bought it for two dirhams. When he brought it back to the Imam, the Imam recognized it to be his own rein that had been stolen by that person.

Imam 'Ali had intended to give two dirhams to the person whom he had asked to look after the horse; but the impatience of the ‘guard’ turned him into a thief who in the end got nothing more than the same two dirhams. His greed and anxiety did not increase his wages at all, he got the same but through haram means!

C. Tawakkul and Du’a

So the question of tawakkul, relying upon Allah, comes up: Are we not supposed to rely on Him? Does not Allah say?

"And put thy trust in God and sufficient is God as dispenser of the affairs."? (4:81)

In the light of what was said above, the concept of tawakkul should also be clear. You have to work hard and then trust in Allah to make your efforts fruitful.

Tawakkul is not an excuse for idleness or laziness. The Prophet Muhammad (s.a.w) said:

"Tawakkul means that you should bind the camel with a rope and then say that you have trust in God that He will protect your camel. You should not have confidence in the rope alone, because many a camel has been stolen with the rope. And, likewise, you should not neglect the rope, because binding with rope is a part of tawakkul."

Allah also says,

“And that man shall have nothing but whatever he strives for.” (53:39)

Tawakkul and Insurance

Some Muslims refuse to take out insurance because they think that it is contrary to the concept of tawakkul. Taking out insurance for one's property or even one's life is not a violation of tawakkul; rather it is like binding the camel with a rope.

The Shi'i jurists have allowed insurance of all kinds (car, property. health, life or liability). In their search for a similar kind of transaction in classical legal terms of Islam, the jurists have correctly identified it as "al-hiba al-mashruta or al-hiba al-mu'awwada - conditional gift or recompensible gift".

This works as follows: The insured gives the premium to the insurer as a "gift" with a condition that if this or that happens to his property or himself, then the insurer will pay for the replacement or service or lump-sum amount to the insured or his heir.5

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Example of how, many times, our efforts are required for sustenance:

Maryam’s birth: When Maryam was born, her mother gave her up for the service of the synagogue. Prophet Zakariyya became her custodian. The Qur'an describes God's favor upon her as follows:

“Whenever Zakariyya entered the sanctuary to (see) Mayam, he found with her food. He said, ‘O Maryam! From where did this come to you?’ She said, ‘It is from Allah. Surely, Allah gives to whom He pleases without measure.” (3:37)

Then God selected her for the miraculous birth of 'Isa.

“And the pains (of childbirth) compelled her to take herself to the trunk of a palm tree… Then (the child) called out to her from beneath her: ‘Grieve not, surely your Lord has made a stream to flow beneath you; and shake towards you the trunk of the palm tree, it will drop on you fresh ripe dates…’” (19:23-25)

When she was under the care of Zakariyyah , God helped her but, look how when she was alone and in pain of childbirth, she was told to shake the trunk of the palm tree so that she could get the ripe dates! Why? Perhaps God wanted to show that even His blessings are often contingent to efforts on our part.

*****

One day, Imam 'Ali (a.s) passed by a group sitting in the corner of a mosque. He asked, "Who are you?"

They said, "We are mutawakkilun (i.e., those who do tawakkul)."

Imam: "No, you are muta-akila (i.e., dependents on others); and if you are mutawakkilun then where this tawakkul has taken you?"

They said, "We eat when we get food, and we have patience when we do not get it."

The Imam said, "This is what the dogs do in our area."

They asked, "What should we do?"

The Imam, "Do like what we do."

They said, "And what is that?"

Imam 'Ali replied, "When we get, we give to others; and when we do not get, even then we thank Allah."6 That is, we try our best and share the blessings of Allah with others; if we do not succeed in our work, then also we are thankful to Allah for the chance of trying.

*****

Even our prayers (du'as) teach us that we should actively seek sustenance, and not just sit idle praying for sustenance.

There is a balance between hard work and prayer. See for example the du’a after the daily night ('isha) prayer:

“O' Allah, 1 have no knowledge of the place of my sustenance.

I, however, seek for it on basis of the ideas that come to my mind; I travel in search of my sustenance in various cities. My situation in this is like that of a perplexed person:

I do not know whether it is in the plain land or on the mountain: on this earth or in the skies; on the land or in the sea; neither do I know in whose hand [You have placed my sustenance] nor in which direction.

However, I surely know that the knowledge of my sustenance is with You, its sources are in Your hands, and You are the one who distributes it with Your grace and brings it about by Your mercy.

So O' Allah, send Your blessings on Muhammad and his family.

Moreover, make, O my Lord, my sustenance plentiful, its seeking easy, and its source near.

And do not try me by [my] seeking what You have not decreed for me as a sustenance; for You do not need to punish me whereas l am in need of Your mercy.

Therefore, send Your blessings on Muhammad and his family; and give Your servant generously with Your grace. You, indeed, are Master of Great Grace.”

Notes

1. See S.Saeed Akhtar Rizvi, Justice of God. chapter 5.

2. According to Peter Roset, co-author of World Hunger, 12 Myths, enough food is available to provide at least 4.3 pounds of food per person a day worldwide.

The true source of hunger is not scarcity of food, but government policies. In the Third World, the policies of the International Monetary Fund have increased hunger by wiping out subsidies on basic food items. Hunger is quite simply the product of simple human decisions.

As Imam 'Ali once said:

“Whenever a destitute remains hungry it is because some rich person has denied (him his share). Allah, the Sublime, will question them about it."

(Nahju 'l Balagha, saying no. 328.)

3. Al-Usul. vol. 2. p. 74;al-Furu', vol. 5, p. 80.

4. Al-Mufid, Al-Muqni'ah. p.586-587.

5. AI-Khui. Minhaju ',s-Salihiyn, vol. 2. p. 389.

6. An-Nuri ,Mustadraku 'l-Wasa’il, vol II (Qum: Al al-Bayt, 1408 AH) p.

220.

Your Time and Money

A. Time Management

Islam is a systematic religion; it puts great emphasis on managing our life, time and finances so that we may have a happy and prosperous life. The timing of daily prayers itself reflects the daily management of lives. It does not say that pray all the time or at any time- it says that there is a time for prayer, and there is a time for business, and there is a time for the social and family aspects of our lives. Program yourself into a disciplined and balanced life-style.

In Chapter al-Jum 'ah of the Qur'an, after the order for the Friday prayer, Allah says:

“When the salat is done, then,

(1) spread out on the earth,

(2) Seek the blessings of Allah,

(3) And remember Allah a lot”. (62:10)

This verse says that you should keep your priorities in the right order: at the time of prayer, say the prayer, and at the time of business, do your businesses diligently-however, be conscious of God's existence at all times.

In the verse after it, Allah condemns those who have mixed up their priorities:

“And when they see merchandise or entertainment, they go towards it and leave you alone [in prayers]. Say to them: 'What is with Allah is better than entertainment and merchandise. And Allah is the best of providers.'”(62: 11)

(This verse refers to an event when a trade caravan entered the city of Medina at the time of Friday prayers. It was customary for them to announce their arrival by beating the drums. Many companions of the Prophet left the mosque while the Prophet was still saying his sermon before the prayers.)

Praising those who do things in their appropriate time, Allah says,

“Men whom neither merchandise nor selling diverts from the remembrance of Allah and the keeping up of prayer and the giving of charity”. (24:37)

lmam Ja'far as-Sadiq (a.s), quoting from the words of wisdom revealed to past prophets, says;

“An intelligent Muslim should not be seen passing away [his time] except in three things:

1. Improving his livelihood:

2. Or preparing for the hereafter:

3. Or enjoying [himself] but not in haram ways...”1

*****

In another hadith, Imam Musa al-Kazim (a.s) says;

“Try that your [daily] time is divided into four segments:

1. A time for meditation to God.

2. A time for earning livelihood.

3. A time for socializing with brethren and trustworthy [friends] who would point out your [moral] weaknesses and be sincere [in their friendship for you].

4. A time exclusively devoted for non-haram pleasure [with the family]. It is with this [fourth] time segment that you will be able to maintain (or master) the other three times..."2

The last segment of time is very important. Even according to a new analysis by Richard Esterlin, an economist at the University of Southern California, "We should apply our time and energy to health and family life, rather than to material goods, if we really want to be happy."3

B. Financial Management

You might be surprised that Islam has talked about financial management. It has done so because it is a comprehensive way of life. Islam expects its followers to plan their lives in such a way that they can live within their means and resources.

Imam Muhammad al-Baqir (a.s) says;

“From the signs of a believer are three things:

1. Good management of livelihood;

2. Patience in face of calamity;

3. Study of religion. 4

The story of Prophet Yusuf (a.s), in the twelfth chapter of the Qur'an, clearly portrays that one has to plan and manage the resources wisely. The King of Egypt saw a dream in which seven fat cattle were devouring seven lean ones, and he saw seven green ears and seven dry ones. Prophet Yusuf interpreted the King's dream, informing him that there would be seven years of good harvest followed by seven years of severe drought, and that he should conserve the first seven years harvest for the next seven years' drought. Prophet Yusuf was given the charge of the treasury of the land and he wisely managed the distribution as well as the storing of the grains during the first seven years and, consequently, the country did not suffer hunger during the seven years or drought.

The Problem of Extravagance and Waste

One of the biggest problems in financial management is extravagance and waste. lmam Jafar as-Sadiq (a.s) said to 'Ubayd bin Zurarah: “O 'Ubayd, extravagance (and waste) brings about poverty whereas planning brings about affluence.” 5

There are two concepts in Islam: israf and tabdhir. “Israrf” means extravagance without being wasteful; overspending and living beyond one's means. Whereas “tabdhir” means wasting the blessings of God.

Israf has been condemned in both religious as well as secular aspects of life.

“O children of Adam! Attend to your embellishments at every rime of prayer, and eat and drink but don't be extravagant; Surely He (Allah) does not love the extravagant people.” (7:31)

Those who waste the blessings that Allah has given to them are described as

“the brothers of the satans.” (17:26-27)6

Muslims should manage their lives within their resources and this cannot be done unless they control their greed. Controlling greed becomes more challenging in this era of consumerism where advertising and marketing tactics incite potential customers to buy an item as "new and improved" even if the older model still fulfills their needs.

Moderation is the key in all spheres of life. Even in the case of charity, Almighty Allah urges moderation:

“...And do not make your hand shackled to your neck nor stretch it out completely lest you sit down blamed, stripped off.” (17:29)

Once the Prophet saw Sa'd using excessive water for wudu (ritual ablution) for prayers. He said, ‘Why are you wasting the water?’ Sa'd was surprised and asked, ‘There is israf even in water of wudu?’ The Prophet replied, ‘Yes; even if you are by a flowing river!’

The Prophet (s.a.w) said,

Verily there are some people from my community (ummah) whose prayers will not be answered:

1. A person who prays against his parents.

2. A person who prays against a debtor who has taken his money/property and the creditor neither wrote down the loan agreement nor had it witnessed.

4. A person who prays against his wife while Allah has given him the right to divorce her by himself.

5. A person who sits at home and prays 'O my Lord, give me sustenance' but does not go out to seek the sustenance. Allah will say, “O My servant, did I not provide the means for you to seek and exploit the earth with healthy limbs? [If you had done this then] you would have had the excuse between Me and you for your sustenance because you followed my command. And so that you may not be a burden on your family.”...

7. A person who was blessed by Allah with plentiful wealth which he gave away [in charity] and now he prays, “O my Lord, give me sustenance”. Allah will say, “Did I not give you ample wealth? Then why did you not manage it as I had ordered you? And why did you practice extravagance while 1have forbidden you from extravagance?”.....7

Notes

1. AI-Furu '. vol. 5. p. 87.

2. Tuhafu 'l-'Uqul, p. 409-410.

3. Jay Ingram, "Why happiness is elusive in material world." Toronto Sun,

September 14, 2003.

4. Tahdhibu '1-Ahkam. vol. 7. p.236.

5. Al-Furu, vol.4, p.53

6. According 10 June 2006 report of International Food Policy Research Institute (IFPRI), UK households throw away 378 pounds of food per person each year and 20 percent of USA’s food goes to waste, representing an annual value of about $31 billion in lost resources. While food is being squandered in rich countries, 800 million people around the world often do not know where their next meal is coming from, 166 million children are undernourished, and 1.2 million people live on less than a dollar a day.

7. Ibid. vol. 5. p. 84.

Your Customers

A. Sanctity of Property

Islam has put great emphasis on the sanctity of property (mal) and its ownership. No one has the right to take the property, money or labor of another person without his permission. Allah says,

“O you who believe! Do not devour your property among yourselves falsely, except that it be trading by your mutual consent.” (4:29)

“Mutual consent” is the crucial means for the exchange of any commodity or service between two persons.

A “Muslim”, in the ethical sense, is “one from whose hands and tongue other Muslims are protected”.1 Protection from "hands" does not only mean protection from physical harm, it also includes protection from theft.

This sanctity of the property (mal) is not just for Muslims; it includes the non-Muslims also. There is a very well-known law in the shari' a which says that the mal of the al-kafir al-harbi has no sanctity. (Al-kafir al-harbi means a non-Muslim who is at war against Islam and Muslims, and thus is not covered by any agreement with a Muslim government.)

Some Muslims who have migrated to the West use this law concerning al-kafir al-harbi as an excuse to steal, whenever the opportunity avails itself, the property of the non-Muslims. I have always strongly discouraged this behavior based on two reasons:

Firstly, on a social level, living as minority, a Muslim's actions reflect on the community at large; therefore, one should not do so.

Secondly, on a personal level, greed is a dangerous moral disease that pushes one to commit such acts. By committing such acts, one starts to lose the sense of respecting the property of other people: today it is the non-Muslim; tomorrow it will be the non-practicing Muslim!

More importantly, not all non-Muslims are al-kafir al­harbi. Besides al-kafir al-harbi, there are three other categories of non-Muslims:

Al-kafir adh-dhimmi: a religious minority citizen of a Muslim government.

Al-kafir al-mu’ahid: a non-Muslim whose government has a treaty with a Muslim government.

Al-kafir al-mutahayid or al-kafir al-musta'min: a neutral non-Muslim who is neither fighting against Muslim nor covered by a treaty.

Non-Muslims in the West are either al-kafir al-mu 'ahid or al-kafir al-mutahayid, al-musta'min - and the life and property of such non-Muslims are as sacrosanct as that of the Muslims.

Recently, questions on the sanctity of the mal of non-Muslims have been raised with the contemporary religious authorities in the Shi'a world. All, in their different ways, have said that the sanctity of mal of covers the non-Muslims amongst whom we live in the West.2

Look at the example of the Prophet Muhammad (s.a.w): he first established his credibility among the Quraysh with his truthfulness and trustworthiness. Before he left Mecca to migrate to Medina, the Prophet instructed ‘Ali bin Abi Talib to return the mal entrusted by others to him back to their owners. Imam 'Ali himself was highly regarded by the Prophet because of many good qualities. The most important among those, as pointed out by Imam as-Sadiq, were truthfulness and trustworthiness.3

Imam Ja'far as-Sadiq says: “Do not be deceived by frequency of their prayers or their fasting because many a time a person becomes [habitually] attached to prayer and fasting so much that he would feel uneasy if he neglects it. Test them instead with truthfulness and trustworthiness”. 4

After all, a "mu'min", in the ethical sense, is defined as “one whom the believers can entrust with their lives and property.”5

Al-Husayn ash-Shabbani said to Imam Ja'far as-Sadiq (a.s) that “a person from your followers thinks that the property and lives of Banu Umayyah”6 have no sanctity, and now something from them has come to him as a trust”. The Imam said, “Return the trust to its owner even if they be Magi...”7 There are similar hadith about the property of the Khawarij.8

Nothing portrays the importance of trustworthiness more than the emotionally charged statement of Imam Zaynul 'Abidin to his Shi'ahs: “I warn you about the returning of the things entrusted to you. I swear by Him who sent Muhammad as the Messenger-if the killer of my father, Husayn bin Ali, entrusted me with the sword with which he killed him, I would still return it back to him!”9

The rules concerning the daily prayers also remind Muslims to respect the property of others: the water and the place of ablution, and the dress and the place of worship must be mubah.10

Therefore, if you ever find yourself in a position where you are entrusted with the mal of other people, then you have to be very careful in fulfilling your duty: a clerk; cashier; accountant; supplies manager, etc. Even in the use of your employers' equipment and supplies, you have to be very careful -if some amount of personal use is tolerated, then okay; but if there is a clearly stated policy against any personal usage of office supplies or equipment’s, then you must refrain from using it for your personal use.

Question: A Muslim works in a non-Muslim country in a private office, in a government office, or on contract for a specific project where he or she is paid by the hour. Is it permissible for that Muslim to waste some hours, work negligently or intentionally delay the job? Does he or she deserve the full wages?

Answer: This is not permissible; and if one does that, he or she is not entitled to full wages.11

B. Truthfulness and Honesty

We have already seen the ahadith that emphasize on truthfulness alongside trustworthiness. In the context of business ethics, great emphasis has been put on truthfulness in speech and honesty in measuring.

“Give full measure and weight with justice.”(6:152)

In the pre-Islamic days, God destroyed nations because they cheated in measure and scale.

To promote the attitude of honesty, the shari’a says that it is recommended for the sellers to measure out their merchandise slightly more than required in order to ensure that they have given what is due to their customers.

On the other hand, it is recommended for customers to take a little less than the announced price to ensure that they are not taking more than their right. The purpose of such recommendation is to make sure that the merchant does not transgress customers' right. This is the complete opposite of what the Prophet found among the people of Medina when be migrated to that city:

“Woe to the defrauders, who, when they take the measure (for themselves) from men, they take it fully. But when they measure out to others or weigh out for them, they are deficient”. (83:1-3)

C. Concern for Society’s Well-being

In his famous epistle on Islamic governance, Imam 'Ali (a.s) wrote the following about traders and industrialists:

...They are sources of profit and the means of the provision of useful articles. They bring them from distant and far-flung areas throughout the land and sea, plains and mountains, from where people cannot come and to where they do not dare to go...

Know, along with this, that most of them are very narrow-minded, awfully avaricious, hoarding goods. This is a source of harm to the people and a blot on the officers in charge.

Stop people from hoarding ...the sale should be smooth, with correct weights and prices, not harmful to either party -seller or the buyer… 12

*****

No trader or businessperson should allow greed to overcome his or her sense of well-being for the community. Once Imam Ja'far as-Sadiq (a.s) found himself in a financially straitened state. He gathered 1000 dinars and called his companion, Musadif, and asked him to use that money for trading. Musadif bought some merchandise and joined a trade caravan going to Egypt.

On the way, they met a caravan that was coming back from Egypt. Upon inquiring about its market, they found out that the merchandise that they were carrying was in common demand in Egypt, and so they made a pledge among themselves not to sell their merchandise for less than 100% profit.

Musadif returned to Medina with two bags of a thousand dinars each. He went to Imam as-Sadiq (a.s), presented the two bags, and happily declared, "This is the capital and this is the profit." Imam replied that this a big profit; "how did you do it?" Musadif described the pledge that he and the other traders had made before entering Egypt.

The Imam said, "Subhan’Allah! You pledged against a Muslim community that you would not sell to them except at the profit of hundred percent!" He took one of the two bags and said, "This is my capital and I don't need anything from this profit." Then he said, “O Musadif! Fighting with swords [in jihad] is easier than seeking the legitimate [sustenance].”13

The point of this narration is not the percentage of the profit whether it should be less or more than hundred percent. It is the concern for the society's well-being. A Muslim businessperson has to keep the overall good of the society in mind at all times.

Profit margins must be reasonable. If they reach the point detrimental to the public, then the government has the right to intervene as clearly outlined in the epistle of Imam 'Ali quoted earlier.

*****

Question: Can a Muslim evade paying taxes in a non­Muslim country?

Answer: According to the contemporary jurists, Muslims have to abide by the laws of country that do not contradict Islam, and therefore it would not be permissible for them to evade paying taxes. Of course, they are allowed to use all legal means (like financial planning) to minimize the tax due on them.

D. Fraud and Customers' Rights

Other ways of fraud and cheating:

1. Giving a false statement about the value of an item.

2. Presenting an item in an unrealistic manner: presenting merchandise that is mixed with something else as pure; or presenting an imitation as the genuine article. This is known as "ghish and tadlis - fraud and deceit" in shari'a.

For example, in a carte of apples, if you place the good ones on the top and the bad ones inside -this is ghish. If you change the odometer in your used car to show lower mileage - this is tadlis. This makes a salesperson's job surely difficult!

Once the Prophet (s.a.w) passed by a grocer in Medina, when he noticed the shop's good quality grain. He praised the grain and asked its price. Archangel Jibra'il descended and asked the Prophet to put his hand into the sack. The Prophet did so, and what was inside was inferior in quality from what was on the top. The Prophet said to the shopkeeper, “You have indeed combined dishonesty with fraud…” 14

One day Imam 'Ali (a.s) visited the dates market. He saw a woman crying and arguing with one of the date sellers. Upon his inquiring about the matter, she said. "O Amiru '1-Mu 'minin, I bought some dates from him for a dinar. When I checked the basket, I found the dates that were inside to be of lower quality compared to those on the top." Imam Ali asked the date seller to return the dinar back to her. The man refused. Imam Ali asked him two more times, but he still refused to comply. Finally, lmam Ali took out his whip and only then did the date seller return the dinar back to his customer.15

The Prophet said, "One who deceives [his customers] is not one of us."16 Imam Ja'far as-Sadiq said, “Beware of ghish; for whoever deceives others will himself be deceived in his mal...”17

A Shi'a decided to start a business and so he went to Imam Ja 'far as-Sadiq (a.s) for advice. The lmam said,

“I urge you:

• to be truthful in your words;

• not to conceal the defect in your merchandise;

• not to deceive a gullible person, because deceiving him is not allowed;

• not to be satisfied for people except with what you will be satisfied for yourself;

• to give the right and take the right...because the truthful trader will be with the respected angels on the day of judgment;

• to refrain from swearing because a false oath will lead the person to the fire...”18

* * * * *

In order to protect the customer from ghish and tadlis, the shari’a has introduced the principle of al-khiyar - the right of withdrawal. The khiyar is of seven types:

1. Khiyaru '1-Majlis: the right of cancelling the deal before leaving the business premise; unless it is specified as "final" in the deal.

2. Khiyaru '1-Haywan: (applies to sale of animals) the right of returning the animal within three days unless that right is waived in the deal.

3. Khiyaru 'sh-Shart: the right of cancelling or returning the merchandise based on the condition in the contract. For example, when the seller says that the item can be returned within one week or one month or, in case of a car, for example, until the odometer reaches 500 km.

4. Khiyaru '1-Ghabn (Fraud): the right of returning the merchandise if it was sold for a price that was exorbitant than its actual value. (The actual value is to be defined by 'urf, in this context, the market.)

5. Khiyaru't-Ta 'khir: if the customer makes a deal but delays the payment or makes a partial payment without any pre-condition for deferring - the merchant has to wait for three days and then he has the right to cancel the deal. Similarly, if the customer is required to make a non-refundable deposit and then is unable to make the full payment as per the agreement, then the merchant can cancel the deal.

6. Khiyaru 'r·Ru 'ya: if you buy an item just based on the description of the seller without seeing it or you were shown the item, but then you find it to be of a lower quality-in such a case, you have the right to cancel the deal after actually seeing or handling the item.

8. Khiyaru 'l- 'Ayb: if you find the merchandise to be defective, then you have two choices -either cancel the deal or retain it with compensation. Unless, of course, the deal is based on "as is" condition; then in that case you cannot return the item or ask for compensation.

If a deal has been finalized but the merchandise has not yet been delivered to or received by the customer and the merchandise is destroyed (by natural disaster such as flood or fire or by human action like theft or negligence), then the loss will be bore by the merchant and the customer will be eligible for repayment.

Notes

1. Nahju l’-Balagha, sermon 167; as-Saduq, Ma'aniyu 'l-Akhbar (Qum: Islami, 1361 AH [solar]) p. 239; al-Muttaqi al-Hindi, Kanzu 'l.'Ummal, vol 1, p. 149.

2. Ayatullah Sayyid 'Ali as-Sistani, in answer to a question, said that the sanctity of non-Muslim's mal is based on the implicit agreement which one makes with the non-Muslim country to respect its laws when one signs the visa or immigration documents. (See 'Abdul Hadi al-Hakam, A Code of Practice for Muslims in the West, p. 36, 140.) Ayatullah Sayyid 'Ali Khamanei, the present Supreme Leader of the Islamic Republic of Iran, also concurs with this opinion.(See Duraru '1-Fawaid fi Ajwibati '1-Qa'id,p. 88.)

3. Al Usul mina 'l-Kafi, vol. 2. p. 104.

4. Ibid.

5. As-Suduq, Ma’aniyu ‘l-Akhbar,p.239

6. Banu Umayyah or the Umayyids were always opposed to Prophet Muhammad (s.a.w) and his Ahlu "l-bayt. The most famous Umayyid rulers were Mu'awiyah bin Abu Sufyan and his son Yazid.

7. AI- Furu’. vol. 5, p.133. “Magi” is plural of “Magus'” and refers to followers of Mazdaism (Zoroastrianism).

8. Tahdhibu ‘l-Ahkam, vol.6, p. 350, Khawarij (pl. of Khariji) were a group that emerged after the Battle of Siffin. They were enemies of Imam Ali (a.s), Ibn Muljim, the assassin of Ali (a.s), was a Khariji.

9. As-Suduq,al-Amali (Tehran: al-Bi’tha, 1417) p.319

10. Mubah means owned by oneself or having the permission of the owner to use it.

11. See A Code of Practice for Muslims in the West, p. 152; Ahkamu ‘l- Maghtaribin,p. 151-152

12. Nahju ‘l Balagah, letter no.53

13. Al-Furu, vol.5, p. 161-162.

14. Al-Furu’i, vol.1, p.374

15. Al-Furu, vol.1, p.394, p.419

16. Man la Yahduruhu ‘l-Faqih, vol.2, p.197

17. Al-Furu’, vol.1, p.374

18. Ibid.p.285

Your Employees

Employers who do not respect their employees do not respect their own businesses. Without happy employees, your business cannot prosper; and you cannot have happy employees unless you respect and boost their self-esteem.

One of the important issues is the agreement between the employer and the employee about the wages, the nature of work, responsibilities and expectations. Both parties must clearly define and agree on these issues.

Sulayman bin Ja'far al-Ja'fari says that one day he went with Imam 'Ali ar-Rida (a.s) to the latter’s home. When they reached the house and entered the courtyard, they saw the servants of the Imam busy in doing their work. The Imam noticed a stranger among his workers.

Imam: "Who is this man with you?"

The servants: "He is helping us in our work and at the end of the day we will give him something as wages for his work."

Imam: "Have you talked and agreed with him on his wages?"

The servants: "No; but he will be pleased with whatever we will give him."

The Imam became very angry with his servants.

Sulayman al-Ja'fari said, "...Why are you taking this issue so hard upon yourself?"

The Imam: ''I have several times forbidden them from employing anyone to work with them unless they have agreed upon his wages.

"Know that even if you pay three times more than the average wages to someone who works for you without prior agreement, he will still think that you have underpaid him. But if you have agreed on the wages, and then you pay him that wage, he will thank you for the fulfillment of your agreement; and if you add even a little upon it, he will recognize it as your generosity and know that you have paid him more.” 1

* * * * *

Islamic teachings also emphasize that a laborer should be paid on time. To stress on this issue, Hisham bin Hakam quotes a statement from Imam Ja’far as-Sadiq (a.s) regarding a porter or a hired hand: "You should pay his wages before the sweat of his forehead dries up.''2 According to the Prophet, one of the unforgivable sins is denying of your employee's wages.3

Fixing the Wages

As a basic rule, the employer and the employee should reach to an agreement on the basis of justice and fairness. Of course, an Islamic government has the right to set the scale of minimum wage to ensure that the workers are not exploited. A market based on Islamic values cannot have executives who enormously increase their own salaries but ask their employees to accept lower wages.4

* * * * *

As an employer, you must be considerate to the special needs of your employee: sick leave, leave for family emergencies, and even permission for attending Jum'ah prayer that falls on a working day in the West.

Notes

1. Al-Furu’, vol.5, p. 288

2. Al-Furu’, vol.5,p.289

3. Al-Furu’, vol.5, p.382; Zayd bin Ali, Musnad (Beirut: Dar al-Hayat,n.d.) p.498

4. The name enron has now become a symbol of greed at the executive levels. Thousands of Enron employees lost their life savings in plans tied to the energy company’s stock and pensions when Enron collapsed.