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Dalil about Riba, Obligation of Zakat, Encouragement of trade and ethics in conducting business
Table of Contents 1.0. Prohibition of Riba ............................................................................................................... 1 1.1. Quranic Verses Regarding Prohibition of Riba................................................................ 1 1.2. Hadith Regarding Prohibition of Riba ............................................................................. 2 1.3. Fatawa Regarding Prohibition of Riba ............................................................................ 3 2.0. Obligation of Zakah ............................................................................................................. 5 2.1. Quranic Verses Regarding Obligation of Zakah .............................................................. 5 2.2. Hadith Regarding Obligation of Zakah ............................................................................ 6 2.3. Fatawa Regarding Obligation of Zakah........................................................................... 8 3.0. Encouragement of Trading ................................................................................................ 10 3.1. Quranic Verses Regarding Encouragement of Trading ................................................. 10 3.2. Hadith Regarding Encouragement of Trading ............................................................... 12 4.0. Ethics in Trading ................................................................................................................ 14 4.1. Quranic Verses Regarding Ethics in Trading ................................................................. 14 4.2. Hadith Regarding Ethics in Trading............................................................................... 15 References ..................................................................................................................................... 16 1 1.0. Prohibition of Riba 1.1. Quranic Verses Regarding Prohibition of Riba Verse 130 in Surah Ali ‘Imran: Meaning: “O believers! Do not consume Riba doubled and multiplied, but fear Allah that you may be successful.” The verse from Surah Ali ‘Imran which is estimated to have been revealed sometime in the second year after Hijrah, because the context of the preceding and succeeding verses refers to the battle of Uhud which took place in the second year after Hijrah. The main cause of the setback at Uhud was the greed for wealth shown by the Muslims. They were so overpowered by the lust for booty, that, instead of pursuing their initial success to victory, they got engaged in looting the spoils. This is why the All-Wise Allah has struck at interest, the root cause of the evils and prohibited it. For it is a common experience that those who lend money on interest become so absorbed in it that day and night they think of nothing but increasing their un-earned profits and this naturally increases their greed for money. This verse contains a clear prohibition for the Muslims and it can safely be said that it is the first verse of the Holy Qur’an through which the practice of riba was forbidden for the Muslims in express terms. Verse 161 in Surah An-Nisa: 2 Meaning: “And (for) their taking of usury while they had been forbidden from it, and their consuming of the people's wealth unjustly. And we have prepared for the disbelievers among them a painful punishment.” This verse contain story among Prophet Isa and Jews, which they taking riba even though they are forbidden by Allah to took it. Allah prohibited them from taking riba, yet they did so using various kinds of tricks, ploys and cons, thus devouring people's property unjustly. Because of their wrong doing, Allah have prepared for the disbelievers among them a painful torment. 1.2. Hadith Regarding Prohibition of Riba First Hadith: عن أبي هريرة رضي الله عنه عن نبي صلى الله عليه وسلم قال: اجتنبوا السبع الموبوقات. قالوا: يا رسول الله! وما هن؟ قال الشرك بالله والسحر وقتل النفس التي حرم الله إلا بالحق وأكل الربا وأكل مال اليتيم والتولي يوم الزحف وقذف المحصنات الغافلات المؤمنات. رواه البخاري ومسلم وأبو داؤد والنسائي Meaning: “Refrain from seven deadly things: The companions asked him: What are these? He said: To associate partners with Allah, sorcery; to kill a soul without valid reason in the eyes of Allah; to devour interest; to devour the property of the orphan; to flee from the battlefield; and to falsely implicate chaste, innocent, believing women of vulgarity.” [Bukhari, Muslim, Abu Daud and Nasai’] This hadith indicates there are seven major sins in Islam, which are stated in hadith. Based on hadith, we can conclude that Riba is one of the major sin in Islam. 3 Second Hadith: عن عبادة بن الصامت قال: قال رسول الله صلى الله عليه وسلم: الذهب والفضة بالفضة والبر بالبر والشعير والتمر بالتمر والملح بالملح مثلا بمثل يدا بيد. فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يدا بيد. رواه مسلم Meaning: “It is reported from ‘Ubadah b. al-Saamit r.a. he said: The Messenger of Allah s.a.w. said: “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, equal for equal, and hand to hand. If these commodities differ, then you may as you wish, provided that the exchange is hand to hand.” [Muslim] This hadith shows us about ribawi item which are six substances (items) that are sold by weight and measure, literally: gold, silver, dates, wheat, salt and barley. Ijma’ also indicate that other main food such as rice is also known as ribawi item. Exchanging these substances in kind must be in equal measure and with immediate transfer of possession (qabdh) in order to avoid exchanging unequal amounts (measures and weights) or the so called riba in trade (riba al-fadhl). If carried out in conformity to these conditions, then the exchange is riba-free (i.e., halal/ permissible/ shariah compliant). 1.3. Fatawa Regarding Prohibition of Riba Case 1: What is the ruling upon the prayer in a masjid (mosque) which was built seeking the face of Allah the Exalted, but the money used in its construction was mixed with riba (usury) money? What is the ruling upon the prayer in a masjid built with donations and some of that was stolen wealth? 4 Solution: The prayer in both of these two is permissible and the sin of the one dealing in usury and of the thief is upon that person himself. And with Allah is the tawfeeq. And may peace and blessings be upon our Prophet Muhammad and his family and his companions. Case 2: I am a recent Muslim and I still get various answers to what i should do with riba money left in my account as in what to do with it? Solution: The Prophet s.a.w. never ordered those who embrace Islam from the Sahabah to get rid of the usurious monies from their (existing) wealth. 5 2.0. Obligation of Zakah 2.1. Quranic Verses Regarding Obligation of Zakah Verse 20 in Surah Al-Muzzammil: Meaning: “… and establish prayer and give zakah and loan Allah a goodly loan (Qard al- Hasan). And whatever good you put forward for yourselves - you will find it with Allah. It is better and greater in reward. And seek forgiveness of Allah. Indeed, Allah is Forgiving and Merciful.” This verse implies observance of the obligatory Prayer five times a day and giving away of the obligatory zakah. Verse 156 in Surah Al-A’raf: Meaning: “And decree for us in this world (that which is) good and (also) in the Hereafter; indeed, we have turned back to You." (Allah) said, "My punishment - I afflict with it whom I will, but My mercy encompasses all things." So I will decree it [especially] for those who fear Me and give zakah and those who believe in Our verses.” 6 This verse also indicates the obligation of zakah, and this verse also stated that Allah is ruling His Kingdom is based on mercy and not on wrath. He always shows mercy to His creatures and manifests His wrath only when the rebellion and arrogance of His servants transgress the limits" 2.2. Hadith Regarding Obligation of Zakah First Hadith: بني الإسلام على خمس׃ شهادة أن لا إله إلا الله و وإيتاء ا لز ، أن محمدا رسول الله، وإقام الصلاة ، كاة والحج، وصوم ر مضان رواه البخاري Meaning: “Islam is based on five fundamentals: to proclaim that there is no god but Allah and Muhammad s.a.w is the Messenger of Allah, and to establish the prayer, and pay Zakah, to offer pilgrimage of the House (of God) and to fast during Ramadan.” [Bukhari] This hadith shows The Five Pillars of which are five basic acts in Islam, considered mandatory by believers and are the foundation of Muslim life which are shahada: faith, salat: prayer, zakah, Fasting and hajj: Pilgrimage to Mecca. Based on this hadith, zakah is one of the most fundamental in Islam. The word zakah can be defined as purification and growth because it allows an individual to achieve balance and encourages new growth. The principle of knowing that all things belong to God is essential to purification and growth. Zakah is obligatory for all Muslims who are able to do so. It is the personal responsibility of each Muslim to ease the economic hardship of others and to strive towards eliminating inequality. 7 Second Hadith: عن ابن عباس قال فر ض رسول الله صلى الله عليه وسلم ز كاة الفطر طهرة للصائم من اللغو والرفث وطعمة للمساكين رواه أبو داود Meaning: “Ibn Abbas said, “The Messenger of Allah s.a.w. obligated Zakah al-Fitr to serve as purification for the one fasting for any vain speech or indecent behavior; and also to serve as food for the indigent. Whoever gives it before the prayer (of Aidilfitri), it is an accepted zakah, whoever gives it after the prayer, it is to be regarded as sadaqah.” [Abu Daud] This hadith indicates the obligation of zakah al-fitr. Zakah is classified into two categories which are zakah al-fitr and zakah al-mal. Zakah al-Fitr is zakah which is given at the end of the month of Ramadhan by every Muslim, young or old, male or female, free or slave. It is obligatory upon the Muslim, male or female; slave or free, if he finds that he has a surplus of property after having catered for his core needs on the day and night of 'Eid such as food, shelter, clothes etc. He must give this on his own behalf and on behalf of all Muslims who are dependent upon him, be that dependent young or old, free or slave, provided that the dependent is not able to give the zakah on his or her own behalf. If they are able, it is better that they give on their own behalf due to the generality of the address that the Prophet s.a.w. gave to the Muslims. 8 2.3. Fatawa Regarding Obligation of Zakah Case 1: Is it permissible for a person to keep the Zakah of his wealth or Zakatul-Fitr in order to give it to one of the poor people who he is not able to get in touch with yet? Solution: If the amount of time is short and not long, there is no harm in him keeping it until he can give it to some of the poor people among his relatives or someone who is poorer or in direr need. However, it should not be a long period of time. It should only be a number of days that are not numerous. This is in reference to the Zakah of wealth. Concerning Zakatul-Fitr, it should not be delayed for later. Rather, it is obligatory to pay it before the Eid prayer, as the Prophet s.a.w. ordered. It may be given before the Eid by a day it two or three. There is no harm in that. However, it should not be delayed until after the prayer. (Shaykh `Abdul- `Azeez Bin Baz, 2001, p. 205) Case 2: What is the food that is permissible to give for Zakatul-Fitr? Solution: It is reported in the hadith that it is to be given from five things. They are wheat, barley, dried dates, raisins and cottage cheese. However, some of the research scholars have mentioned that specifying these five things was done because they were used at that time. Therefore, they permit giving it from whatever is the common food of the land like rice for example, and corn in the land where it is used as food and so forth. (Shaykh `Abdul-`Azeez Bin Baz, 2001, p. 204) 9 Case 3: I am an employee who receives a salary, and every month I save a portion of it. There is not a specific percentage for the savings, so how do I pay the Zakah of this wealth? Solution: What is obligatory upon you is to pay the Zakah of every amount that you save if you have possessed it for a year. If you pay the Zakah of all of the money when a year has passed on the first amount that was saved, then that is sufficient. In this way, the Zakah of the latter sums is considered as being paid in advance before the completion of their year. And paying Zakah in advance before it is possessed for a complete year is permissible, especially if there is a need for it or a religious benefit in that. (Shaykh `Abdul-`Azeez Bin Baz, 2001, p. 165) 10 3.0. Encouragement of Trading 3.1. Quranic Verses Regarding Encouragement of Trading Verse 29 in Surah An-Nisa: Meaning: “O you who have believed, do not consume one another's wealth unjustly but only (in lawful) business by mutual consent. And do not kill yourselves (or one another). Indeed, Allah is to you ever Merciful.” While prohibiting to eat up the property of others the actual words used in the verse are: which have been translated as 'each other's property' against the very literal, 'your property in between you'. There is a consensus of Commentators, that these words certainly carry the sense that nobody should eat up the property of the other by false means. The sense of the expression also includes, as indicated by Abu Hayyan in Tafsir al-Bahr al-Muhit, that anybody should eat up his own property in that manner - for example, spend it on what is religiously sinful, or is straight extravagance. That too comes under the purview of this verse and is forbidden. The word in the verse literally means, 'do not eat'. But, in common usage, it means, 'do not usurp the property of another person by false means whatever they may be by eating or drinking or using. In common parlance, the unauthorized use of what is owned by someone else is indicated by the idiom, 'eating up', even though it may not be eatable. The word, "batil" which has been translated as "false means" covers, in the view of Saidina 'Abdullah ibn Mas'ud and the majority of blessed Companions, all other forms which are impermissible and are forbidden by the Shari'ah. Included thereunder are theft, robbery, usurpation, breach of trust, bribery, interest, gambling and all false transactions. 11 Verse 282 in Surah Al-Baqarah: Meaning: “O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write (it) between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men (available), then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. And do not be (too) weary to write it, whether it is small or large, for its (specified) term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For (then) there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things.” 12 Based on this surah we can see the basis of the rule that the time for the repayment of a loan should be fixed at the time when the loan is transacted. When we are borrowing from another people it is generally considered unseemly either to commit these loans to writing, or to have them attested by witnesses. Such an act is considered a sign of distrust. But God enjoins that whenever loans or business transactions take place, their conditions should be recorded in black and white and should be attested by witnesses so that there remains no ground for misunderstanding or dispute. This shows that wherever one has a choice, one should appoint only Muslims as one's witnesses. In the case of non-Muslim subjects of the Islamic State (ahl al-Dhimmah), however, they may appoint witnesses from among themselves. 3.2. Hadith Regarding Encouragement of Trading First Hadith: ِ نَ ع َ مَ قْ رَ أ َ نْ ب َ دْ يَ زَ و ٍ بِ ازَ ع َ نْ بَ اءَ رَ بْ ال ُتْ لَ أَ س ُ ول ُ قَ ي ْ هَ ى ع َ لَ ع ِ نْ يَ رِ جَ ا تَ َّ نُ ك َالاَ قَ ف،ِ فْ رَّ الص َِّ اللَّ ِ ول ُ سَ ر ِ د َ صلى الله عليه وسلم ع َِّ اللَّ َ ول ُ سَ ا ر َ نْ لَ أَ سَ صلى الله عليه وسلم ف َ الَ قَ ف ِ فْ رَّ الص ِ ن " ِ ا ب ً دَ ي َ انَ ك ْ نِ إ ٍ دَ ي ْ نِ إَ و،َسَْ بََلاَ ف ُ حُ لْ صَ يَلاَ فً اءَسَ ن َ انَ ك رواه البخاري Meaning: “I used to practice money exchange, and I asked Zaid bin 'Arqam about it, and he narrated what the Prophet said in the following: Abu Al-Minhal said, "I asked Al-Bara' bin `Azib and Zaid bin Arqam about practicing money exchange. They replied, 'We were traders in the time of Allah's Messenger s.a.w. and I asked Allah's Messenger s.a.w. about money exchange. He replied, 'If it is from hand to hand, there is no harm in it; otherwise it is not permissible." [Bukhari] 13 Second Hadith: َ الَ صلى الله عليه وسلم ق َِّ اللَّ ِ ول ُ سَ ر ْ نَ ع: " َ حَ أَ لَ كَ ا أ َ م َْ ي ْ نَ أ ْ نِ ا م ً رْ يَ خ ُّطَ ا ق ً امَ عَ ط ٌ د ِ لَ مَ ع ْ نِ مَ لُ ك ُ مَلاَّ الس ِ هْ يَ لَ ع َ دُ اوَ دَِّ اللَّ َِّ بيَ ن َّ نِ إَ و،ِ هِ دَ ي َ ك ِ هِ دَ ي ِ لَ مَ ع ْ نِ مُلُ كَْ ي َ ان" رواه البخاري Meaning: “The Prophet s.a.w. said, "Nobody has ever eaten a better meal than that which one has earned by working with one's own hands. The Prophet s.a.w. of Allah, David used to eat from the earnings of his manual labor." 14 4.0. Ethics in Trading 4.1. Quranic Verses Regarding Ethics in Trading Verse 110 in Surah Ali Imran: Meaning: “You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah. If only the People of the Scripture had believed, it would have been better for them. Among them are believers, but most of them are defiantly disobedient.” This verse stated that Men as khalifah in this world. Therefore, we must show a good example and how to govern it. Islam places the highest emphasis on ethical values in all aspects of human life. In Islam, ethics governs all aspects of life. Ethical norms and moral codes discernable from the verses of the Holy Quran and the teachings of the prophet (SAW) are numerous, far reaching and comprehensive. Islamic teachings strongly stress the observance of ethical and moral code in human behavior. Verse 274 in Surah Al-Baqarah: Meaning: Those who spend their wealth [in Allah 's way] by night and by day, secretly and publicly - they will have their reward with their Lord. And no fear will there be concerning them, nor will they grieve. 15 These lines narrate the consequence and importance of charity, spending money rather than collecting them. The great & weighty thing is the fortune of reward from Allah on the Day of Judgment which is the only successful part in every Muslim’s destiny. 4.2. Hadith Regarding Ethics in Trading The Prophet (peace be upon him) said, "Truthfulness leads to righteousness, and righteousness leads to Paradise. A man continues to tell the truth until he becomes a truthful person. Falsehood leads to al fujuwr (i.e. wickedness, evil- doing), and al fujuwr (wickedness) leads to the (Hell) Fire, and a man may continue to tell lies till he is written before Allah, a liar. [Bukhari] This hadith encourages us to be honest and truthful. Honesty and truthfulness are qualities which a Muslim business person should develop and practice in himself. Truth, for example, has a self-reinforcing effect. “The Prophet (peace be upon him) hired a polytheist as a guide at the time of his migration from Makkah to Madinah, thus entrusting him with his life and money. The people of the tribe of Khuza'ah, who included both Muslims and non- Muslims, acted as scouts for the Prophet (peace be upon him). In a hadith reported by Sa'd, the Prophet (peace be upon him) asked Muslims to seek medical treatment from al Harith Ibn Kaldah, who was a disbeliever.” [Abu Daud, Hadith no. 3866] This Hadith encourage Muslim to Deal with Muslims before Dealing with Non-Muslims. But, Muslim able to deal with non-Muslim. Allah and his prophet does not prohibit us to do business with non-Muslim if there are no Muslim interact with several businesses. 16 References Ali ibn Ahmad al-Wahidi. (2008). Asbāb al-Nuzūl. (M. Guezzou, Trans.) Amman, Jordan: Royal Aal al-Bayt Institute for Islamic Thought. al-Quran. (n.d.). Bukhari. (1996). Sahih Bukhari. (D. M. Khan, Trans.) Al-Saadawi Publication. Dr. Asyraf Wajdi Dusuki & Dr. Nurdianawati Irwani Abdullah . (2011). Fundamentals Islamic Banking. Kuala Lumpur: IBFIM. Dr. Aznan Hasan . (2011). Fundamentals of Shari’ah. Kuala Lumpur: IBFIM. ISRA. (2011). Islamic Financial System - Principle & Operation. Kuala Lumpur: ISRA. Muslim. (2007). Sahih Muslim. (N. al-Khattab, Trans.) Dar-us-Salam. Shaykh `Abdul-`Azeez Bin Baz. (2001). Fatawa Islamiyah (Vol. III). Dar-us-Salam Publications. Shaykh `Abdul-`Azeez Bin Baz. (2001). Fatawa Islamiyyah (Vol. II). Dar-us-Salam Publication. adith: َ الَ صلى الله عليه وسلم ق َِّ اللَّ ِ ول ُ سَ ر ْ نَ ع: " َ حَ أَ لَ كَ ا أ َ م َْ ي ْ نَ أ ْ نِ ا م ً رْ يَ خ ُّطَ ا ق ً امَ عَ ط ٌ د ِ لَ مَ ع ْ نِ مَ لُ ك ُ مَلاَّ الس ِ هْ يَ لَ ع َ دُ اوَ دَِّ اللَّ َِّ بيَ ن َّ نِ إَ و،ِ هِ دَ ي َ ك ِ هِ دَ ي ِ لَ مَ ع ْ نِ مُلُ كَْ ي َ ان" رواه البخاري Meaning: “The Prophet s.a.w. said, "Nobody has ever eaten a better meal than that which one has earned by working with one's own hands. The Prophet s.a.w. of Allah, David used to eat from the earnings of his manual labor." 14 4.0. Ethics in Trading 4.1. Quranic Verses Regarding Ethics in Trading Verse 110 in Surah Ali Imran: Meaning: “You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah. If only the People of the Scripture had believed, it would have been better for them. Among them are believers, but most of them are defiantly disobedient.” This verse stated that Men as khalifah in this world. Therefore, we must show a good example and how to govern it. Islam places the highest emphasis on ethical values in all aspects of human life. In Islam, ethics governs all aspects of life. Ethical norms and moral codes discernable from the verses of the Holy Quran and the teachings of the prophet (SAW) are numerous, far reaching and comprehensive. Islamic teachings strongly stress the observance of ethical and moral code in human behavior. Verse 274 in Surah Al-Baqarah: Meaning: Those who spend their wealth [in Allah 's way] by night and by day, secretly and publicly - they will have their reward with their Lord. And no fear will there be concerning them, nor will they grieve. 15 These lines narrate the consequence and importance of charity, spending money rather than collecting them. The great & weighty thing is the fortune of reward from Allah on the Day of Judgment which is the only successful part in every Muslim’s destiny. 4.2. Hadith Regarding Ethics in Trading The Prophet (peace be upon him) said, "Truthfulness leads to righteousness, and righteousness leads to Paradise. A man continues to tell the truth until he becomes a truthful person. Falsehood leads to al fujuwr (i.e. wickedness, evil- doing), and al fujuwr (wickedness) leads to the (Hell) Fire, and a man may continue to tell lies till he is written before Allah, a liar. [Bukhari] This hadith encourages us to be honest and truthful. Honesty and truthfulness are qualities which a Muslim business person should develop and practice in himself. Truth, for example, has a self-reinforcing effect. “The Prophet (peace be upon him) hired a polytheist as a guide at the time of his migration from Makkah to Madinah, thus entrusting him with his life and money. The people of the tribe of Khuza'ah, who included both Muslims and non- Muslims, acted as scouts for the Prophet (peace be upon him). In a hadith reported by Sa'd, the Pro