Najmul Hussein Rassool

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Transcription:

Najmul Hussein Rassool

What is Ethics? Ethics may be defined as the set of moral principles that distinguish what is right from what is wrong. Ethics has a twofold objective: i. it evaluates human practices by calling upon moral standards ii. it gives prescriptive advice on how to act morally in a given situation.

Ethics from Islamic Perspective Within an Islamic Context, the term most closely related to ethics is khuluq in the Quran and which has been guided by principles from the Quran and the Sunnah. The Quran has encourages goodness (khayr), righteousness (birr), equity (qist), equilibrium and justice ( adl), truth and right (haqq), piety, all good behavior.

Allah Has reminded man of a number of basic moral and ethical values in many Quranic verses You are the best nation that has been raised up for mankind; You enjoin right conduct, forbid evil and believe in Allah (3:110) ك ن ت م خ ي ر أ م ة أ خ ر ج ت ل لن اس ت أ م ر ون ب ال م ع ر وف و ت ن ه و ن ع ن ال م ن ك ر و ت ؤ م ن ون ب ا لل

Prophet s Mission The Prophet highlighted one of his main missions to man is to perfecting good morals I have been sent for the purpose of perfecting good morals. بعثت التمم مكارم االخالق

Principles of Ethical Values in Islam In Islam ethical behaviour is a part of Iman (faith) itself. According to the Islamic teachings, Muslims have to jealously guard their behaviour, deeds, words, thoughts, feelings and intentions. Islam asks its believers to observe certain norms and moral codes in their daily and business life.

Degrees of Lawful and Unlawful Behavior in Islam In explaining the moral code of Islam, it is important to categorize the action according to the degree of lawfulness on unlawfulness as classified in fiqh to five categories; fard, mustahabb, mubah, makruh and haram.

Fard It represents the class of actions that is mandatory on every Muslim, such as praying the five times a day, fasting, paying zakah and performing hajj

Mustahabb Describes the class of actions that are not obligatory but highly recommended to do. e.g. fasting beyond the month of Ramadan, put perfume during Friday prayer, or praying nawafil etc.

Mubah Actions are permissible in the sense they are specified neither as mandatory nor as forbidden. e.g. trading during hajj

Makruh Actions are not absolutely forbidden, but are detested.

Haram Actions are unlawful and prohibited. Committing them is a major sin. e.g. murder, commit adultery, drinking alcohol etc.

Islam asks its believers to observe certain norms and moral codes in; dealings with relatives with neighbours and friends; in their business transactions; in their social affairs, in all spheres of private and public life.

Principles of Islamic Business Ethics An Islamic market is characterized by certain norms that take care of the interests of both the buyer and the seller. In the market place, Islam demands a certain type of behaviour from the economic agents, the consumers and the producers. For examples:-

1. Keenness to Earn Legitimate (Halal) Earnings Many Quranic verses disapprove the wrongful taking of any property Traders must earn only through legitimate means Distance oneself from matters dubious and doubtful

Earn Legitimate (Halal) Earnings Do not devour one another s property wrongfully, nor throw it before the judges in order to devour a portion of other s property sinfully and knowingly (2:188) و ل ت أ ك ل وا أ م و ال ك م ب ي ن ك م ب ال ب اط ل و ت د ل وا ب ه ا إ ل ى ال ح ك ام ل ت أ ك ل وا ف ر يق ا م ن أ م و ال الن اس ب ا ل ث م و أ ن ت م ت ع ل م ون

Legitimate (Halal) Earnings Allah has permitted trading and forbidden Riba (usury) (2:275) و أ ح ل للا ال ب ي ع و ح ر م الر ب ا Do not devour another s property wrongfully unless it be by trade based on mutual consent (4:29) ل ت أ ك ل وا أ م و ال ك م ب ي ن ك م ب ال ب اط ل إ ل أ ن ت ك ون ت ج ار ة ع ن ت ر اض م ن ك م

2. Trade through Mutual Consent Mutual consent between the parties is a necessary condition for the validity of a business transaction. A sale transaction is to be regarded as legal only if it is made through mutual consent of the parties concerned. Taking advantage of someone s plight and charging high price is a form of fiscal exploitation and as such forbidden in Islam.

Trade through Mutual Consent O you who believe! eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual goodwill..(4:29) ي ا أ ي ه ا ال ذ ين آ م ن وا ل ت أ ك ل وا أ م و ال ك م ب ي ن ك م ب ال ب اط ل إ ل أ ن ت ك ون ت ج ار ة ع ن ت ر اض م ن ك م

3. Truthfulness in Business Transactions Islam encourages truthfulness in business transactions and; Raises the status of a truthful merchant so much so that he will be at par with the holy warriors and martyrs, in the Hereafter

Hadith The Prophet (pbuh) is reported to have said: The truthful merchant [is rewarded by being ranked] on the Day of Resurrection with prophets, veracious souls, martyrs and pious people. (Tirmidhi, No: 1130)

4. Trustworthiness in Business Transactions Trustworthiness is one of the most important principles of ethical discipline in commercial transactions. A true Muslim trader will not, therefore, barter his Akhirah (hereafter) for worldly gains. He will avoid fraud, deception, and other dubious means in selling his merchandise.

Trustworthiness in Business Transactions O you believers! Do not betray Allah and the Messenger, nor knowingly, betray your trusts (8:27) ي ا أ ي ه ا ال ذ ين آ م ن وا ل ت خ ون وا للا و الر س ول و ت خ ون وا أ م ان ات ك م و أ ن ت م ت ع ل م ون

5. Generosity and Humanity & Kindness in Business Transactions One should be kind and generous in bargaining. So whoever demands his debt back from the debtor should do so in a decent manner as advice by the Prophet (pbuh) May Allah s mercy be on him who is lenient in his buying, selling, and in demanding back his money [or debts]. (Bukhari, No: 1934)

6. Honouring and Fulfilling Business Obligations Muslim traders to keep up their trusts, promises and contracts. The basic principles of truth, honesty, integrity and trust are involved in all business dealings O you who believe! Fulfil [your] obligations (5:1) ي ا أ ي ه ا ال ذ ين آ م ن وا أ و ف وا ب ال ع ق ود

Ahadith The Muslims are bound by their stipulations. (Abu Da ud, No: 3120) Another tradition condemns promise-breaking as the hallmark or trait of a hypocrite: If he makes a promise, he breaks it, and if he makes a compact, he acts treacherously (Bukhari, No: 32)

7. Fair Treatment of Workers According to the Islamic teachings it is the religious and moral responsibility of the employer to take care of the overall welfare and betterment of his employees. Fair wages, good working conditions, suitable work and excellent brotherly treatment should be provided to the workers.

Fair Treatment of Workers to Speak a kind word and to forgive people s faults is better than charity followed by hurt (2:263) ق و ل م ع ر وف و م غ ف ر ة خ ي ر م ن ص د ق ة ي ت ب ع ه ا أ ذ ى The Prophet Says: The wages of the labourers must be paid to him before the sweat dries upon his body. (Ibn Majah, No: 2434)

8. Dealing in Prohibited (Haram) Items Dealing in unlawful items such as: Carrion (dead meat), blood Pigs and idols Intoxicant and gambling

The Holy Qur an says: Forbidden to you [for food] are: dead meat, blood, the flesh of swine, and that on which name of other than Allah has been mentioned. That which hath been killed by strangling or by a violent blow or by a headlong fall or by being gored to death. That which hath been eaten by a wild animal unless ye are able to slaughter it (5:2) ح ر م ت ع ل ي ك م ال م ي ت ة و الد م و ل ح م ال خ ن ز ير و م ا أ ه ل ل غ ي ر للا ب ه و ال م ن خ ن ق ة و ال م و ق وذ ة و ال م ت ر د ي ة و الن ط يح ة و م ا أ ك ل الس ب ع إ ال م ا ذ ك ي ت م و م ا ذ ب ح ع ل ى الن ص ب

The Holy Qur an says: O you who believe! intoxicants and gambling [dedication of] stones and [divination by] arrows are an abomination of Satan s handiwork: so avoid it in order that you may prosper. (5:90) ي ا أ ي ه ا ال ذ ين آ م ن وا إ ن م ا ال خ م ر و ال م ي س ر و ا ل ن ص اب و ا ل ز ال م ر ج س م ن ع م ل الش ي ط ان ف اج ت ن ب وه ل ع ل ك م ت ف ل ح ون

The Prophet Says Allah and His Messenger made illegal the trade of alcoholic liquors, dead animals, pigs and idols. (Bukhari, No: 2082) If Allah makes something unlawful, he makes its price also unlawful. (Ahmad, No: 2546)

9. Sale of Al-Gharar (Uncertainty, Risks, Speculation) 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.

10. Fixing the Price Islam grants absolute freedom to traders provided they adhere to the code of lawfulness. This is because rise and fall in the prices are linked to various factors other than the greediness of the traders and fixing the prices may endanger both public and private interests.

Hadith O Messenger of Allah! Prices have shot up, so fix them for us. Thereupon the Messenger of Allah said: Allah is the One Who fixes prices, withholds, gives lavishly, and provides, and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property. (Tirmidhi, No: 1235)

Government s Right to Intervene in the Market if; a trader adopts unfair means, charges unjust prices and indulges in undercutting with a view to doing harm to the smaller traders.

11. Hoarding of Foodstuff The Arabic word for hoarding is Ihtikar. It means storing foodstuffs or withholding them in expectation of : - rise in their prices - draw maximum profit out of it The Prophet Says: No one hoards but the traitors (i.e. the sinners). (Abu Da ud, No. 2990)

12. Exploitation of one s Ignorance of Market Conditions The Prophet (sws) has says: A town dweller should not sell the goods of a desert dweller (Bukhari, No: 2006)

13. Cheating and Fraud in Business Transactions The traders and businessmen generally have a tendency to motivate the customers by adopting fraudulent business practices. Islam strongly condemns all such practices in business transactions (Al-Ghashsh).

The Prophet (pbuh) is reported to have said: The seller and the buyer have the right to keep the goods or return them as long as they have not parted. He also said that If both the parties have spoken the truth and described the defects as well as the merits thereof (the goods), they would be blessed in their deal. If they have told lies or concealed something, then blessings of their transaction would be lost. (Bukhari, No: 1937)

14. Swearing The traders often take recourse to swearing to emphasize that their items are of good quality. They claim qualities in the merchandise, which don t exist. They try to persuade the buyers to purchase their commodity by invoking Allah s name.

The Prophet (pbuh) is reported to have said: Swearing [by the seller] may persuade the customer to purchase the goods but the deal will be deprived of Allah s blessing. (Bukhari, No: 1945)

15. Giving Short Measures manipulate weights and measures. it refers to the act of taking full measures from others and giving them short measures in your turn. The Quran Says: And give full measure when you measure, and weigh with a just balance. That is good and better in the end. (17:35) و أ و ف وا ال ك ي ل إ ذ ا ك ل ت م و ز ن وا ب ال ق س ط اس ال م س ت ق يم ذ ل ك خ ي ر و أ ح س ن ت أ و يل

16. Dealing in Stolen Goods It is not permissible for a Muslim to knowingly purchase or sell stolen items. The stolen items are neither to be bought nor sold by those who know the reality. The Prophet Says: The one who knowingly purchases a stolen good, is a partner to the act of sin and the shame. (Kanz Al- Ammal, No: 9258)