Monday, February 23, 2009

Islamic Laws Regarding Business

Islam has permitted and in fact encouraged business. The Quran states:

"Allah has made business lawful for you" (2 : 275).

The early Muslims were not only engaged in trade but they went to distant lands in connection with business. Islam in fact reached East and West Africa, East Asia through the business people.

Islam has given detail laws of business. Islam has not permitted selling and purchasing of goods which are prohibited in Islamic law. The Prophet of Islam has said:

"When Allah prohibits a thing He prohibits (giving and receiving) the price of it as well." (reported in the books of tradition of Ahmad and Abu Daud)

Islam has also prohibited any kind of transaction involving uncertainty (Garar) as this could lead to quarrel or litigation. The Prophet of Islam has forbidden transaction involving unspecified quantity, acceptance of money for fish in the river or bird in the air as there is element of uncertainty. Similarly the Prophet of Islam has prohibited sale of fruit till they are ripened. (Chapter on Transactions involving uncertainty Garar in the book of tradition of Muslim).

However; if the element of uncertainty is very small, the transactions are permissible. For example, it is permissible to sell root vegetables while they are still on the ground. It is primarily because of the element of perishability of the harvested commodity that will result in loss to the former.

Freedom of trade and operation of market forces are allowed in Islam subject to the limits set by Shari'ah. Islam, however, condemns hoarding to make high profit at the cost of public interest. Islam does not allow making profit by withholding the commodity from the market so that it becomes scarce. The Prophet of Islam has said,

"If any one withholds goods until the price rises he is a sinner" (Tradition of Muslim).

"The withholding of grain for 40 days out of a desire of high price is prohibited in Islam" (Tradition of Ahmad, Hakim etc).

Islam, however; allows normal trade - buying and selling of goods again and again at a reasonable profit.

Islamic law has prescribed measures to prevent manipulation of market, exploitation of seller or buyer and fraud. The prophet of Islam prohibited people from going out of town to buy -merchandise which was on its way to city market. The reason for this prohibition is that the market place, where the forces of demand and supply determine prices, is the best place for trading transactions. In the situation of buying on way to market, the seller may not know the real market price and he may be deprived of legitimate price.

Islam prohibits fraud in business dealings. The Prophet (Sm) has said:

"It is not permissible to sell an article without making everything clear nor is it permissible for anyone who knows (about its defects) to refrain from mentioning them" (Baihaqi).

The Prophet of Islam has also said:

"Sell the good and bad separately. He who deceives is not of us" (Muslim, Ahmad).

The sin of fraud is greater if the seller supports it by swearing falsely. The Prophet has said,

"Swearing produces ready sale but blots out blessing" (Bukhari).

In the same manner deceiving others by withholding full measure is also prohibited. The Qur’an has emphasized the giving of full measure. It says,

"And give full measure and (full) weight in justice" (6:1 52).

Islam has prohibited business transactions on interest. The Quran is explicit about it and says,

"Allah- has permitted for you trade and prohibited interest"
(2 : 275).

In the Muslim world, in the last decade a chain of Islamic Banks has come up to avoid interest in trade.

Islam has permitted and encouraged business subject to aforesaid principles and restrictions. If these principles are followed, the economy will be greatly purified from injurious practices.

Economic System of Islam

Islam is an entire way of life, and Allah's Guidance extends into all areas of our lives. Islam has given detailed regulations for our economic life, which is balanced and fair. Muslims are to recognize that wealth, earnings, and material goods are the property of God, and we are merely His trustees. The principles of Islam aim at establishing a just society wherein everyone will behave responsibly and honestly. The fundamental principles of the Islamic economic system are as follows:
  • Muslims are not to deal in interest. "Those who devour usury will not stand....Allah has permitted trade and forbidden usury.... Allah will deprive usury of all blessing, but will give increase for deeds of charity...." (Qur'an 2:275-6) "O you who believe! Devour not usury, doubled and multiplied. But fear Allah, that you may really prosper." (3:130) This prohibition is for all interest-based transactions, whether giving or receiving, whether dealing with Muslims or non-Muslims. It is reported that the Prophet Muhammad (peace be upon him) cursed those who pay interest, those who receive it, those who write a contract based on it, and those who witness such a contract.
  • It is forbidden to gain property or wealth by fraud, deceit, theft, or other falsehoods. "...Give just measure and weight, and do not withhold from people the things that are their due. And do not do mischief on the earth after it has been set in order. That will be best for you, if you have faith." (7:85)
  • It is particularly hateful for a guardian to take from an orphan's property. "To orphans restore their property (when they reach their age). Do not substitute your worthless things for their good ones, and do not devour their property by mixing it up with your own. For this is indeed a great sin." (4:2)
  • Forbidden are earnings from gambling, lotteries, and the production, sale, and distribution of alcohol. "O you who believe! Intoxicants and gambling, sacrificing to stones, and divination by arrows are an abomination of Satan's handiwork. Eschew such abomination, that you may prosper." (5:90)
  • It is unlawful to hoard food and other basic necessities. Everyone should take what they need and no more. "And let those who covetously withhold of the gifts which Allah has given them of His Grace, think that it is good for them. No, it will be the worse for them. Soon it will tied to their necks like a twisted collar, on the Day of Judgment. To Allah belongs the heritage of the heavens and the earth, and Allah is well-acquainted with all that you do." (3:180)
  • A Muslim should be responsible in spending money. Extravagance and waste are strongly discouraged. "[The Servants of Allah are] Those who, when they spend, are not extravagant and not stingy, but hold a just balance between those extremes." (25:67) "O Children of Adam! Wear your beautiful apparel at every time and place of prayer. Eat and drink, but waste not by excess, for Allah loves not the wasters." (7:31)
  • Payment of Zakat (alms). "And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being true in faith. To establish regular prayer, and to give zakat. And that is the religion right and straight." (98:5) Every Muslim who owns wealth, more than a certain amount to meet his or her needs, must pay a fixed rate of Zakat to those in need. Zakat is a means of narrowing the gap between the rich and the poor, and to make sure that everyone's needs are met.
  • Muslims are encouraged to give constantly in charity. "Your riches and your children may be but a trial. Whereas Allah, with Him is the highest reward. So fear Allah as much as you can, listen and obey, and spend in charity for the benefit of your own souls. And those saved from the selfishness of their own souls, they are the ones that achieve prosperity." (64:15-16) The Prophet Muhammad once said that "nobody's assets are reduced by charity."

ISLAMIC