“And do not utter falsehoods by letting your tongues declare: This is lawful and that is unlawful, thus fabricating lies against Allah …” [Qur’an, 16: 116]
Introduction:
In Islam, none but Allah SWT has the right to declare a thing to be lawful (Halal) or unlawful (Haram). Of course, a knowledgeable person who acknowledges the divine laws as the final authority may deduce from it whether certain things or actions are lawful or not. The concept of lawful and prohibited has been known to every people since ancient times. However, people have differed in defining the scope, variety, and causes of prohibitions, most of which were based on their primitive beliefs. Then the divine laws were revealed concerning the halal and the haram uplifting the man from the level of superstition to the level of human intelligence and dignity.
With the advent of the Prophet Muhammad SAW, Allah SWT completed the divine laws in the form of Islam for the whole of mankind. Concerning the food, for instance, the law states: “They ask you what has been made lawful to them. Say: All clean things have been made lawful to you, and such hunting animals as you teach, returning them to you, teaching them the knowledge Allah has given you – you may eat what they catch for you – but invoke the name of Allah on it…” [Q, 5: 4] It is necessary to pronounce the name of Allah SWT while dispatching the animal to the hunt. If the prey is found alive, it must be slaughtered with the name of Allah SWT again, as is always the case when killing a permissible animal for eating.
The Islamic view of halal and haram is very clear. The rules are specified by Allah SWT for the good of people and are an integral part of the Islamic Shari’ah (Islamic legal system). The observance of halal and haram by a believer is his test of obedience to Allah SWT and of his freedom of choice and action. Muslims are directed to abstain from deciding on their own what is lawful and what is not in the Law of Allah SWT: “So eat out of the lawful and good sustenance that Allah has bestowed upon you…” [Q, 16: 114]
Criteria:
The criteria for the halal and the haram have been established in the Qur’an: “Tell them: My Lord has only prohibited indecent acts, whether overt or hidden; all manner of sin; wrongful transgression; and (He has forbidden) that you associate with Allah in His divinity that for which He has sent down no sanction; and that you ascribe to Allah things of which you have no sure knowledge that they are from Him.” [Q, 7: 33] To exceed the limits set by Allah SWT and to enter the area that has been declared out of bounds for man constitutes transgression and rebellion against Allah SWT.
The sphere of prohibited things in Islam is very small, while that of permissible things is extremely vast. Whatever is not classified is lawful or prohibited falls under the general principle of the permissibility of things and within the domain of Allah’s favors. This is supported by what the Prophet SAW has described: “What Allah has made lawful in His Book is halal and what He has prohibited is haram, and that concerning which He is silent is allowed as His favor ...” [Tirmidhi, Ibn Majah]
Rationale:
Because Allah SWT is merciful to His people, He makes things halal or haram for good reasons, with people’s well-being in His Wisdom. Though the Creator doesn’t need to provide a rationale for His actions and injunctions, He has in principle permitted only what is pure and beneficial and prohibited what is generally impure and harmful to our health, personality, or social behavior. Besides, a Muslim is not required to know exactly or understand perfectly the underlying reasons for permission or prohibition of everything. An explorative mind is indeed a gift of Allah SWT, and Islam encourages inquisitiveness; yet, the observance of Allah’s decrees is not subject to one’s comprehension of them. What is absolutely required of Muslims, however, is simply to say: “…We have heard and we shall obey…” [Q, 24: 51] The benefits of Allah’s injunctions are becoming apparent more and more with the increase of knowledge; discoveries in health and natural sciences, and social and economic behaviors.
Alternatives:
One distinct feature of Islam is that it forbids only such things that are unnecessary and provides better alternatives. For example, usury is prohibited but profitable trade is encouraged; adultery, fornication, and homosexuality are outlawed but lawful marriage is recommended; intoxicating drinks are disallowed so that people may enjoy other delicious drinks that are wholesome for the body and mind. Thus, Allah SWT does not intend to deprive people or make their lives difficult by limiting their choices. On the contrary, He desires ease and goodness for them by providing them with still a wider range of better alternatives for similar things to enjoy.
Inference of Haram:
It is important to understand the implication that in Islam what is conducive to haram is itself haram. Likewise, the sin of haram is not limited only to the person who commits it but it implicates and extends to all those who support and assist him in the commission of that haram.
Food
Halal:
When people asked the Prophet SAW as to what was lawful to them as good, Allah SWT directed him to say: “… Lawful to you are all things good and pure; and what you have taught your trained hunting animals in the manner directed to you by Allah; eat what they catch for you. But pronounce the name of Allah over it, and fear Allah…” [Q, 5: 4] This verse defines what is lawful; viz., all things that are good and pure that Allah SWT has provided and allowed Muslims they may consume for food. This theme has been discussed at multiple places in the Qur’an, such as [Q, 2:168, 172-73; 5: 5; 6:118, 119; 7: 31-32; 16: 116-115]
The Islamic Shari’ah has exempted fish and other sea creatures from the category of dead animals. As reported by several compilers of the Sunnah, when the Prophet SAW was asked about the sea, he replied: “Its water is purifying and its dead animals are lawful.” [Tirmidhi] The Qur’an refers to seafood as: “The game of the sea is permitted to you and so is its food…” [Q, 5: 96] According to Umar Ibn Khuttab, its game is what is caught and its food is what is thrown out of it. Companion ibn Abbas says that its food is its dead (animals). Likewise, the locusts are also exempted from the category of dead animals, as the question of slaughtering them does not arise. The issue of dead animals will be addressed later.
Haram:
Allah SWT says in the Quran: “Forbidden to you are the flesh of dead animals and blood and the flesh of swine, and that which has been dedicated to any other than Allah, and that which has been killed by strangling or by beating or by falling or by being gored, and that which has been (partly) eaten by a wild beast except that which you make lawful by slaughtering (before its death), and that which has been sacrificed to idol…” [Q, 5: 4] ln this particular passage, Allah SWT has listed four broad categories of explicitly forbidden animal food: Flesh of dead animals, flowing blood, flesh of swine, and meat of animals slaughtered with the invocation of names other than Allah SWT. Other categories fall within the category of dead animals, some of which are relevant to the modern methods of so-called humane killing practiced in Europe and North America. The flesh of birds, according to commentators, such as crows, kites and rodents that subsist on dead animals, is disallowed because it is not wholesome.
Exception:
When compelled by dire necessity, such as a situation of life and death, a Muslim may partake in things forbidden only enough to save his life. This exception is granted under extenuating circumstances provided a person is not inclined to commit a sin: “…As for he who is driven by hunger, without being willfully inclined to sin, surely Allah is All-Forgiving…” [Q, 5: 3]
Zabiha
Slaughtering Process:
Islam requires that the land animals that are permissible as food, such as camels, cows, goats, lambs, and poultry, which are raised on a farm or in the house, be slaughtered in the manner prescribed by it. That prescribed method is known as Zabiha. It consists of a swift, deep incision to the throat with a very sharp knife, cutting the windpipe, jugular veins, and carotid arteries on both sides but leaving the spinal cord intact. The butcher is also required to call upon the name of Allah SWT for each individual animal at the time of slaughtering that animal.
According to the Shari’ah, four conditions must be met for zabiha halal meat:
a. The animal must be slaughtered by a sharp object capable of quick cutting of the skin, making it bleed immediately by severing the windpipe and the blood vessels. The Prophet SAW has said: “The object is to make it bleed with whatever you have and mention the name of Allah SWT over it.” [Ahmad, Dawud, Nisai, Majah]
b. The slaughtering is to be done by cutting the throat of the animal causing its instant death.
c. The person performing the act of slaughtering must be a sane male or female, Muslim or from the People of the Book (Jew or Christian).
d. The name of Allah SWT must be mentioned while slaughtering the animal. This is to indicate that we do not take life thoughtlessly, but solemnly for food with the permission of Allah SWT to whom we render the life back. The Qur’anic text and Hadith are quite unambiguous about this requirement. Allah SWT commands: “Do not eat of (the animals) over which the name of Allah has not been pronounced (concurrently at the time of its slaughtering), for that is a transgression. And behold, the evil ones do inspire doubts and objections into the hearts of their friends so that they dispute with you; but if you obey them, you will surely yourselves turn into those who associate others with Allah in His divinity.” [Q, 6: 121] And the Messenger of Allah SWT reinforces the same theme: “If the blood is drained from the animal and the name of Allah SAW has been mentioned over it, you may eat of it.” [Bukhari]
This condition is further supported by other narrations of the Prophet SAW. According to one of them, Allah’s name must be pronounced just before an arrow is shot or a hunting dog is dispatched for the chase. The tradition emphasizes, it should be borne in mind, that the invoking of Allah’s name while slaughtering animals for food was a widely known practice among people, including the Jews and the Christians. .
Invoking Allah’s Name:
Allah SWT has created life and it is sacred in Islam. Nobody has the right to take anyone’s life, including those of animals. However, Allah SWT has graciously granted permission to kill an animal from certain categories only for food. As a requirement, each time a life is taken of such an animal, Allah’s name must be pronounced first. The name of Allah SWT is mentioned only on what is lawful and wholesome that Allah SWT has already specified and His Messenger has explained. Meat that has become haram for not invoking Allah’s name at the time of slaughtering the animal cannot later become halal by conveniently doing so before consuming it. In fact, doing so is sacrilegious and contrary to the purpose for which Allah’s name is required in the first place. Symbolically, by invoking Allah’s name, one formally recognizes Allah’s authority and seeks His approval as a gratitude for doing the lawful. Seeking the required permission to commit an act after it has been committed is meaningless and amounts to mockery instead.
A tradition of the Prophet SAW allows eating the meat of an animal with Allah’s name which is known to have been killed in a manner prescribed by Islam (severing HYPERLINK “https://en.wikipedia.org/wiki/Jugular_vein” \o “Jugular vein” jugular veins), but there is no knowledge whether Allah’s name was pronounced at the time of slaughtering. The Prophet’s wife Aisha reports that a group of people once said to the Prophet SAW: “Some people have come to us with meat, and we do not know whether the name of Allah has been mentioned over it or not.” He replied: “You yourselves mention the name of Allah over it and eat.” [Bukhari] Aisha also reported that: “They (the ones who offered the meat) had just recently entered Islam.”
Thus, this default ruling applies only to meat slaughtered by Muslims. It does not apply to a situation where a certainty exists that Allah’s name was not mentioned when the animal was killed. In general, eating and drinking halal things, or initiating a lawful act, with Allah’s name is a recommended practice (Sunnah) of the Prophet SAW, anyway. Methodologically, it is imperative to note that it is Allah SWT Who decides what is lawful and what is prohibited. Invocation of His name does not change the status of anything from haram to halal. But failure to do so when required moves a potential lawful into the category of prohibited. Calling Allah’s name on something prohibited or has become prohibited amounts to rationalizing a violation, which is a bigger sin than the original one. Calling Allah’s name is mandatory in some cases and a Sunnah in some other. It is required, for example, when killing a lawful animal for food; but a Sunnah of the Prophet SAW when eating the meal prepared with the halal meat of that animal.
Food of the People of the Book:
Muslims are allowed to eat the food (meat) served by the People of the Book (Jews and Christians) because of their affiliation with the high profile monotheistic Prophets Musa (Moses) and Esa (Jesus)], may peace be upon them. This permission is specific in the Qur’an: This day all good and pure things have been made lawful for you. The food of those who have been given the Scripture is lawful for you and your food is lawful for them…” [Q, 5: 5]
The food of the people of the Book is lawful for Muslims so long as it does not fall within the prohibited categories that are mentioned in the Qur’an. If their food falls in any of the prohibited categories then it must be considered forbidden and avoided. The same rule will apply even to a Muslim’s food. The meat served by the People of the Book must be of the allowable animals slaughtered with the name of Allah SWT, as they used to do at the time the permission was granted; otherwise, it is unlawful for Muslims. Based on current practices, only the meat of animals slaughtered by the Orthodox Jews can be considered lawful.
As regards to the Christians, they have generally abandoned the Mosaic Law and the Pauline doctrine has given them permission to eat foods that were previously prohibited, like the flesh of swine. The slaughtering of animals for food or using a particular method of killing animals is no longer considered a religious act among Christians. At the time of the Prophet SAW, both the Jews and the Christians used to slaughter animals according to the same principles as required for Zabiha. As such, their food was declared halal for Muslims. They have abandoned their principles.
At present, Christians consume the flesh of swine and blood in the form of black pudding. Also the methods used in slaughtering the animals involve the risk of eating the meat of animals that are dead before slaughtering or the meat in which much of the blood remains undrained. On all these accounts plus the fact that no name of God is invoked while slaughtering in violation of injunctions contained in the Qur’an [Q, 6: 121], the meat of animals slaughtered by the western Christians cannot be considered halal.
Muslim scholars stress that the food of the People of the Book is lawful only if they observe those rules which are essential from the standpoint of Islamic law. For instance, if they do not mention the name of God over the animals they slaughter, the flesh of that animal would be forbidden for Muslims. Likewise, if liquor or pork or any other forbidden thing is served, then Muslims are not permitted to sit at the same table with them. As regards other non-Muslims, Muslims are not permitted at all to eat the flesh of animals slaughtered by non-Muslims.
Alcoholic Drink:
Mankind has not suffered a greater calamity than that brought by the use of alcohol. Mental disorders, nervous breakdowns, suicide, bankruptcies, and broken homes are just a few examples of the harmful effects on society that are so obviously related to the consumption of alcohol. To eradicate this pervasive evil from society, Allah SWT first condemned it in the following manner: “They ask you concerning wine and games of chance. Say: In both these there is a great evil; even though there is some benefit…, their evil is greater than their benefit.” [Q, 2: 219] He revealed the absolute prohibition of intoxicants: “Believers! Intoxicants, games of chance, idolatrous sacrifices at altars, and divine arrows are all abominations, the handiwork of Satan. So turn wholly away from it so that you may attain true success. By intoxicants and games of chance, Satan only desires to create enmity and hatred between you, and to turn you away from the remembrance of Allah and Prayer. Will you, then, desist?” [Q, 5: 90, 91]
In these verses, Allah SWT has strictly forbidden intoxicants and gambling linking them to idols and superstitious methods of predicting the future, and declared them to be extremely indecent and evil things. When once asked, the Prophet SAW replied: “Every intoxicant is Khamr (wine) and every intoxicant is forbidden.” [Muslim] One who consumes khamr, Allah SWT will not accept that person’s ibadah (prayers). In a narration, the Prophet SAW warns: “…If anyone drinks wine, Allah will not accept prayer from him for forty days, but if he repents, Allah will accept his repentance.” [Dawud] In fact, consumption of khamr even nullifies the faith of a person, as a narration of the Prophet SAW indicates: “When one drinks Khamr (wine) he is not a believer.” [Bukhari, Muslim] The quantity of consumption of any intoxicant, reported in narration, is irrelevant to its prohibition: “If a large amount of anything causes intoxication, a small amount of it is (also) unlawful. [Dawud, Majah] In principle, it is the act of consuming an intoxicant which is prohibited, not how much is consumed.
In brief, drinking alcohol in any amount, its trading, handling, and giving or receiving it as a gift to or from anybody are all haram and a serious violation of the Islamic code of conduct. Muslims must avoid parties and events where alcoholic drinks are served or consumed. Caliph Umar ibn Abdul Aziz once ordered the flogging of people who were at a drinking party, beginning with the person at the party who was actually fasting. Such an association is considered an endorsement.
Use as Medicine:
Regarding the use of alcohol as a medicine, it should be borne in mind that alcohol itself is a disease and cannot be a medicine. A man mentioned to the Prophet SAW that he had used wine as a medicine. He responded: “Allah has sent down the disease and the cure, and for every disease, there is a cure. So, use medicine but do not use anything haram as medicine.” [Dawud]
It should be pointed out, however, that under an extreme necessity, when there is no other substitute available to save life, the Shari’ah relaxes its ruling, as a Mercy of Allah SWT, for the use of medicine containing alcohol.
Gambling:
Gambling is a source of many problems, social, moral, and economic in society. Its indulgence removes people from the realities of life and creates animosity among them. Murder, robberies, rapes, substance abuse, alcoholism, and suicides are all interrelated social problems that can be linked to gambling. It is strongly condemned and prohibited along with intoxicants: “…Intoxicants, games of chance… are all abominations…So turn away from it …” [Q, 5: 90]
It is hardly a coincidence that alcohol and gambling are lumped together each time the Qur’an denounces them. There is a strong association between them that scientific research has begun to uncover only recently: Many who gamble drink as well, and vice versa. On the light side, gambling and drinking for many go together as a way to socialize. In reality, both are unhealthy and wasteful social activities that detach a person from reality, pushing him onto a path of self-destruction and compulsive addiction that only intensifies with time. The combination of alcoholism and gambling addiction is especially dangerous as it can cause significant harm to the afflicted individuals and their families. The underlying reactions that are triggered in the brain when someone consumes alcohol, the clinical studies suggest, are very similar to when someone gambles. The way these two reactions can stack on each other makes the potential of alcoholism and gambling addiction as co-occurring disorders. People who are addicted to gambling may turn to alcohol to settle their nerves. Likewise, someone who suffers from alcoholism may seek comfort in a casino, where alcohol is provided free to hype gamblers.
Drug:
Allah SWT and His Messenger have declared the prohibition of any substance that has the effect of befogging or clouding the mind, impairing its faculties of thought, perceptions, and discernment. Drugs such as marijuana, cocaine, opium, and the like are included in the category of khamr (intoxicants) and prohibited. All activities surrounding harmful substances, such as growing and cultivating, storing, distributing, selling or buying, promoting, and consuming are all haram and absolutely prohibited under the Islamic code of conduct.
Clothing:
Two basic purposes of clothing viewed by Islam are to cover the body and to beautify the appearance. Garments are considered among many of Allah’s favors, as He reminds: “… Verily, We have bestowed upon you clothing to cover your shame as well as to be an adornment to you…” [Q, 7: 26] Thus, Muslims must cover their private parts properly in the spirit of this command. Self-purification and beautification are characteristics of Islam to uplift self-image: “He who purifies himself shall prosper.” [Q, 87: 14] Since cleanliness of body and clothes is required for every act of worship in Islam, the Prophet SAW calls it half of the faith: “Purity is half of faith.” [Muslim]; and the Qur’an further expands its scope: “Truly, Allah loves those who seek His forgiveness (abstain from evils) and who purify themselves.” [Q, 2: 222]
It implies that Allah SWT loves a person who is both physically and spiritually sanitized. The Prophet SAW described cleanliness as a path to Paradise: “Cleanliness invites toward faith, and faith leads its possessors to the Garden.” [Al-Tabarani] Once he said: “He who has, in his heart, an atom’s weight of arrogance will not enter Paradise.” A man said, “What if a man likes his clothes to look good and his shoes to look good?” He replied: Allah is beautiful and He loves beauty.” [Muslim, Ahmad] This narration guides Muslims to understand that what is divine must be beautiful, and conversely, what is ugly cannot be of the divine. It is a guiding principle to live a life of righteousness, always in pursuit of the most morally beautiful path to Allah SWT. Arrogance means ridiculing and rejecting the Truth and despising people. Clean clothes with humility are a sign of: “…The finest of all is the garment of piety…” [Q, 7: 26]
Haram for Men:
Gold and silver ornaments and clothing made of pure silk are haram for men, while allowed to women. Men are, however, permitted to wear a silver ring and a band of silk.
Haram for Women:
Islam makes it haram for women to wear clothes that fail to fully cover the body and which are transparent. It is likewise haram to wear tightly fitted clothes which delineate parts of the body. The Prophet SAW has instructed that women should not wear men’s clothing nor should men women’s. Ibn Abbas reports: “The Prophet SAW cursed men who imitate women and women who imitate men.” [Bukhari]
Family Life:
It is only through a stable family system that love, mercy, and capacity to sacrifice for others develop among human beings. Without these emotions, a cohesive society cannot be shaped and nurtured. Since ‘Zina’ (adultery and fornication) is disastrous in so many ways to the family structure and its integrity, and to the society at large, Islam denounces it as the most heinous and severely punishable social crime. To protect society from this evil, Islam has taken precautionary measures to close all avenues that lead to this disgraceful behavior or incite such tendencies in society. Thus, mixed gatherings, meetings between non-mahram (those who are not blood-related) individuals of the opposite gender in privacy, and looking with lust at members of the opposite gender are unlawful. Both men and women are ordered to lower their gaze, guard their private parts, and not look at the orah (private parts) of others. A man’s orah is from his navel to knees; a woman’s orah is her entire body except for her face, hands, and feet.
As Islam is vehemently against Zina, it is equally opposed to the suppression of sexual urges. Accordingly, marriage has been made an important institution and specific instructions have been provided to preserve it. If means are available, a Muslim is encouraged to get married. The Prophet SAW ties a Muslim’s Islamic status to the practice of marriage: “When a person marries, he completes half of his religion; let him take awe in Allah concerning the other half.” [Tirmidhi] Both genders are instructed to subject their relationship to a code of law that protects morality against indecency and guards civilization against chaos. Thus, marriage is a shield against any assault on chastity and human dignity, as the Prophet SAW featured it in his advice to young people: “Young men! Those of you who can afford to get married should do so. Marriage is the best check for lustful eyes and an effective help to maintain chastity…” [Bukhari, Muslim]
Goods and Services
For economic well-being and productivity, Allah SWT has directed people toward exchanging goods and utilities through buying and selling. The transactions which were against the spirit of the Shari’ah have been disapproved. Trading goods and services which are normally used for committing sins is prohibited. For example, buying or selling swine, intoxicants, idols, crosses, and statues is unlawful. The Prophet SWT has prohibited any kind of transaction that could lead to dispute due to the uncertainty involved. Islam believes in a free market system capable of responding to the natural laws of supply and demand. However, any interference in the free market system, such as hoarding, black marketing, and price manipulation by some, is considered against the public interest. Under such conditions, the government is authorized to consider appropriate measures, such as price control to protect the consumers.
InterestsAll interest-based transactions, for whatever reason or in whatever form, are strictly and explicitly prohibited in Islam: “…For their taking interest which had been prohibited…We have prepared a painful chastisement.” [Q, 4: 161] As a general rule, anything that is haram is prohibited in any measure, form, or mode. All activities known to be contributing to the commission of that prohibition are also prohibited. It also applies to interest in any amount above zero. The Prophet SAW said in one narration that all interest, usury, and claims to usury are prohibited. Still, in another narration he expressed the severity of interest in a striking way, calling it worse than zina committing with his own mother [Ibn Maja]. Besides other ruinous vices of interest, the analogy used here magnifies the moral insanity of a person associated with it in an unimaginable scene. The Arabic word for interest is riba, which means “to increase” or “to exceed.” In Islamic law, charging or paying interest on loans is considered riba. The amount of riba is irrelevant to the prohibition. What is unlawful is the concept and practice. Like khamr (wine), the prohibition of interest was also phased in gradually, allowing space for adjustment.
Contrary to common thinking, the practice of interest is at variance with success in life taken as a whole. An initial verse changes the perspective about interest: “O’ you who believe devour not usury doubled and multiplied; but fear Allah; that you may prosper.” [Q, 3: 130] All unlawful gains destroy one’s soul. Allah SWT wishes His creatures well; their well-being and salvation please Him and it is out of His Grace that He has forbidden things harmful to human beings. While He has declared interest unlawful, trade and commerce are encouraged for prosperity: “…Do not devour one another’s possessions wrongfully; instead, let there be trading by mutual consent. You shall not kill yourselves…” [Q, 4: 29]
A capitalist who invests his money in trade is by far a greater benefactor of men than a money lender, for the former provides work and means of sustenance for those whom he employs and, in effect, forms a partnership with them, while the latter protects his own interests only. On the other hand, when the business is very profitable, a lender is deprived of his higher capital yields, as the borrower keeps most of the profit.
In an interest-based economy, the stronger benefits from the sufferings of the weaker. An interest-carrying transaction is normally consummated only when one party is weak and desperately needs the other. Naturally, a deal is struck at the terms of the stronger; and, consequently, the rich get richer and the poor get poorer in unending cycles. This sequence creates socio-economic classes in a society, which is at odds with the Islamic perspective that seeks even growth for everyone to have their fair share. The recent history amply illustrates the dangers to the peace and stability of nations inherent in interest-based economies. Even in the most prosperous nation today, the starved looks for crumbs to live another day and the billionaire crave to multiply their wealth in a billionaire-frenzy environment. The pursuit of the craze for money is heedless, undermining the welfare of human society. This is a state of insanity: “…Those who devour interest, they behave as the one whom Satan has confounded with his touch. Seized in this state they say: Buying and selling is a kind of interest, even though Allah has made buying and selling lawful, and interest unlawful…” [Q, 2: 275] Material resources are necessary to meet the needs of life; it is the mentality of materiality that is harmful. Happiness is a complex function of many human attributes, including contentment.
Through the prohibition of interest, Islam has reduced the chances of exploitation by either party and has provided financial protection and flexibility to both the borrower and the lender by encouraging them to engage in a meaningful partnership, based on equity and fairness. Allah SWT warns people that interest does not increase wealth (prosperity), instead, it is charity that Allah SWT increases: “Allah deprives interest of all blessing; whereas He blesses charity with growth…” [Q, 2: 276] Same is the impact of Zakat (Poor Due) on human welfare and happiness in society: “Whatever you pay as interest so that it may increase the wealth of people does not increase in the sight of Allah. As for the Zakat that you give…that is multiplied manifold.” [Q, 30: 39] The Jews perished as, among other things, they were indulged in interest: “…For their taking interest which had been prohibited…We have prepared a painful chastisement.” [Q, 4: 161] Those who do not refrain from interest must take notice:”…If you do not do so, then be warned of war from Allah and His Messenger…” [Q, 2: 279]
Free will and mutual consent are characteristics of trade. The elements of interest are dire need of the weaker and a lack of choice. Usury, thus, demoralizes the borrower just as much as it does the lender. Basically borrowed money does not have the same value as the money that is hard earned, and therefore is not often used efficiently. Consequently, a borrower always remains a borrower and goes deeper and deeper into debt until he becomes insolvent at the expense of the lender. Borrowing on interest, hence, is as much against the tenets of Islam as lending. Nonetheless, all parties involved in the commission of something haram are held equally accountable, as the Prophet SAW explains: “Allah has cursed the one who takes interest, the one who pays it, the one who writes the contract, and the one who witnesses the contract.” [Muslim] Over the past several decades, Muslim scholars have presented advanced theories for Islamic banking and interest-free modes of operations that allow returns to capital owners through participation in business.
Insurance:
Insurance is one of the instruments adopted in modern times for the organization of economy and finance. There is a need to evaluate this commercial instrument in light of purposes approved by the Qur’an, Sunnah, and the broad principles and objectives of the Shari’ah. What needs to be looked into from the Islamic viewpoint is whether the insurance contracts violate the provisions of justice and equity; whether they deprive any individual of his right; or whether they conflict with the overall value system of Islam?. What further needs to be inquired is whether such contracts help to achieve or, on the contrary, prevent the approved objectives of the Shari’ah?
Concept:
Insurance is based on the discovery of a useful social science principle, known as the law of large numbers according to which, after a small investment, individuals can be freed from incurring heavy financial losses as a result of accidents and tragedies, whose occurrence can be measured fairly accurately in relation to large groups. The concept involved here is a noble one.
Insurance vs. Gambling:
Insurance has nothing to do with gambling which is prohibited in Islam. A major distinction in
insurance and gambling is that the insurance deals with pure risk necessarily entailed in the normal activities of everyday living and working. The willingness to take such risks is essential and is the essence of enterprise and, on the whole, is beneficial to society. In contrast, gambling involves uncertainties that are not a necessary part of everyday living and working. They are rather a result of voluntary choice and willfully seeking it. The risk of financial losses involved in all possible forms of gambling can be avoided if the gambler so chooses. However, the occurrence of accidents against which the insured seeks protection does not depend on whether he is insured or not.
Still another difference between the two is that the insured, by paying a premium, seeks relief and protection against the probable losses; whereas the financial motivation of a gambler is to increase his wealth. He does not pay any premium and has no protection against his losses, though they could have been avoided. Further, gambling causes uneven distribution of wealth without creating new wealth. Such is not the case with insurance, which helps business activities and reduces the financial disaster suffered by one individual through a collective arrangement.
Thus, a comparison of gambling and insurance in terms of their nature, motivation, impact on economic activity, and wealth distribution makes it clear that they are totally two different things. Because of its nature, gambling is prohibited by the Shari’ah: “They ask you concerning wine and games of chance. Say: In both these there is a great evil; even though there is some benefit for men, their evil is greater than their benefit.” [Q, 2: 219] Insurance, in principle, is free from such evil characteristics.
Capitalist Insurance System:
The purpose of insurance is the availability of a common fund for coping with the unforeseen contingencies that the members of a group may face in a rather random fashion. Historically, this was the spirit and intent with which the insurance practice was initiated in western countries centuries ago. However, as the conditions changed due to the expansion of commerce and industry and the growing complexities of civilization, the methods and motives of insurance in capitalist societies also changed. Consequently, big insurance agencies emerged with an exploitative spirit to maximize profits. Like all capital-oriented activities, the accepted norms were thrown overboard in the case of insurance too. Fraud, deceit, trickery, and gambling became part of new business ethics. Large-scale business led to the rise of monopoly and exploitation of consumers in the insurance industry. Not to any lesser extent, the system has been abused by the insured too.
Socialist Insurance System:
Because of the aggressive exploitation by the capitalists, the search for an alternative system resulted in the establishment of the socialist system over a vast area of the world. One-third of human beings officially live under this system. Production of wealth, commerce, and transportation is controlled by the state under the socialist system, the need for insurance does not arise in the way it does for private entrepreneurs. Insurance is needed under this system in the sphere of what is now called social insurance. Based on need, financial assistance is provided to those in distress, caused by sickness, disability, old age, and other accidents and catastrophes.
Islamic Insurance System:
It seems imperative to find the Islamic perspective concerning life insurance and insurance against hazards and accidents. An objective study of Islamic laws leads one to the conclusion that the principle of insurance, as such, contains no element that could be disapproved by the Shari’ah. Its practical importance cannot be denied. On the contrary, it promotes public interests desired by the Shari’ah. Protection against perils and hazards, involved in a range of human activities, and the associated financial losses, that everyone is exposed to is a basic human need.
Public welfare and social security are the foremost obligations of an Islamic state. It is possible to organize insurance under the Islamic system in a way that may be conducive to social security, justice, and economic growth. If the capital accumulated as premiums can be gainfully employed through some interest-free channels, the insurance system will get rid of the element of interest and will provide society a valuable service. Islam subscribes to such common-good programs.
Destitution caused by unforeseen calamities can be included in the Islamic social security system run by Zakat funds. Life insurance, medical insurance, sea trade, and other insurance against fire and accidents can be brought under the jurisdiction of institutions in an Islamic economy.
Current State:
After a close examination of the policies and practices of the present-day insurance companies, it is quite obvious that the relationship between the companies and the insured is not based on equity and fairness. Ambiguity and exploitation govern the conditions of the agreement between the parties. A transaction in the opinion of Islam is invalid if it stipulates that in certain situations one party is to take all, with no benefits guaranteed to the other. Since insurance companies, especially in the case of life insurance, do not satisfy any condition necessary under the Islamic Shari’ah, the insurance is contrary to the desired concept of cooperation among people.
It should be emphasized, however, that Islam is not opposed to the concept of insurance as such. It only opposes the policies and practices of the modern-day insurance conglomerates that are swelling at the expense of the consumers and controlling the financial institutions in the economy to their benefit.
Summary:
This outline has briefly presented the Islamic perspective of halal (lawful) and haram (prohibited) about certain things that relate to the personal, family, and social life of a Muslim. The observance of the laws of Shari’ah sharpens the difference between the conduct of a Muslim and a non-Muslim. The most honored in Allah’s sight is the one who is most righteous: “…Lo! The noblest of you, in the sight of Allah, is the best in conduct…” [Q, 49: 13] The soundness of heart and integrity of soul form the basis for success and aspire to achieve the best of both worlds. The Day of Judgment is pictured as: “The Day when neither wealth nor sons will be of any benefit, except to the one who comes to Allah with a sound heart (will attain success).” [Q, 26: 88, 89]
The Prophet SAW elaborates: “The halal is clear and the haram is clear. Between the two there are doubtful matters concerning which people do not know whether they are halal or haram. One who avoids them in order to safeguard his religion and honor is safe, while if someone engages in a part of them he may be doing something haram, like one grazes his animals near the hima (the grounds reserved for animals belonging to the king, which are out of bounds for others’ animals); it is thus quite likely that some of his animals will stray into it. Truly, every king has a hima, and the hima of Allah is what He has prohibited.” [Bukhari, Muslim]
Explaining the value of heart and intention, the Prophet SAW is reported to have said on various occasions: “In the body, there is a piece of flesh such that if it is good the whole body is good, while if it is corrupted the whole body is corrupted, and that is the heart.” [Bukhari]; “Verily, deeds are only by intention, and verily, every person will get only what he intended.” [Muslim]; “Verily, Allah does not look at your appearance or wealth, but He looks at your hearts and actions.” [Muslim]; and, in a narration considered one of the most important narrations of the Prophet SAW and in Islam, he says: “Verily, actions are judged by intentions.” [Bukhari, Muslim]
When a Muslim is fully aware of the limits prescribed by Allah SWT and makes his sincere effort to observe them, he is rich in all goodness. The Prophet SAW spoke the truth when he said: “When Allah intends good for a person, He makes his own soul a guard over him.” [Bukhari] As quoted earlier, once when someone asked about animal fat, cheese, and fur, the Prophet SAW replied, “The halal is that which Allah has made lawful in His Book and the haram which He has forbidden, and that concerning which He is silent. He has permitted as a favor to you.” [Tirmidhi, Ibn Majah]
All wholesome things and decent practices healthy for body, mind, and soul, and beneficial to human society are the favors of Allah SWT granted to His servants to enjoy: “Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing? Say: They are, on the Day of Resurrection, exclusively for those who believed during the life of this world…” [Q, 7: 32] The only prohibited things and practices are the ones that are harmful, indecent, and unjust, whether individually or for the society: “Say: What my Lord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without just cause, and that you associate with Allah that for which has sent down no authority, and that you say concerning Allah that about which you do not know.”[Q, 7: 33]
Due to human limitations, man is often incapable of seeing things through or understanding their true nature and long-term consequences. Often they are not as they seem: “Perhaps you dislike something good for you and like something bad for you. Allah knows and you do not know.” [Q, 2: 217] When Allah SWT and His Messenger enjoin something, the attitude of a believer is only a fervent submission: “The only saying of the faithful believers, when they are called to Allah and His Messenger…is that they say: We hear and we obey…” [Q, 24: 51]
References
1. Yusuf Al-Qaradawi, “The Lawful and the Prohibited in Islam,” American Trust Publications, Indianapolis, Indiana, USA, 1999
2. Ghulam Mustafa Khan, “Al-Dabh: Slaying Animals for Food the Islamic Way,” Islamic Medical Association, London, UK, and Ta Ha Publishers, London, UK, 1982
3. Sayyid Abul A’la Mawdudi, “The Understanding of the Qur’an,” The Islamic Foundation, Leicester, UK, 1989
4. Muhammad Nejatullah Siddiqi, “Insurance in an Islamic Economy,” The Islamic Foundation, Leicester, UK, 2007
Islamic Point of View 