The New Nation - Internet Edition

Tamizul Haque

Barrister-at-Law

(From previous issue)

People often judge by quantity rather than quality. They are dazzled by numbers: their hearts are captured by what they see everywhere around them. But the man of understanding and discrimination judges by a different standard. He knows that good and bad things are not to be lumped together, and carefully chooses the best, which may be the scarcest (a cliff), and avoids the bad, though evil may meet him at every step.

True Muslim believes that the love of this world is the source of all evil and that 'He who loves the world prejudices his Hereafter and he who loves the Hereafter receives a setback in this world; so prefer that which is eternal to that which is mortal.

Islam creates a harmony between the material and the moral by urging the Muslims to strive for material welfare but also stressing simultaneously that they should place this material effort on a moral foundation thus providing a spiritual orientation to material effort. However he is not the best of you who renounces this world for the Hereafter nor is he who neglects the Hereafter for this world; therefore the best of you is he who takes from this world as well as the Hereafter.

However, it is observed in today's world both the capitalist and the socialist systems have neglected the spiritual needs of the human personality. Capitalism and Socialism are both basically secular.

Universal brotherhood and justice: In Ayat 13 of Sura 49 (Al-Hujurat) is the authority for the proposition that mankind was created by Allah Subhanahu Tahla from a single pair of a male and a female and made us into nations and tribes so that we may know each other. Not that we may despise each other. My readers will note that this Ayat is addressed to all mankind and not only to the Muslim Brotherhood, though it is understood that in a perfected world the two would be synonymous. As it is, mankind is descended from one pair of parents. Their tribes, races, and nations are convenient labels by which we may know certain differing characteristics. Before Allah Subhanahu Tahla they are all one, and he gets most honour who is most righteous.

In His farewell message the Holy Prophet clearly declared that our Allah is One, you are created from Adam and Adam was created from dust; an Arab has no superiority over a non-Arab nor a white over a black except by righteousness.

On the Day of Judgement Allah Subhanahu Tahla will not ask you about your noble descant or your lineage; rather the most honoured of us before Allah Subhanahu Tahla on the that Day will be the most righteous of us.

Islam aims at establishing a social order where all individuals are united by bonds of brotherhood and affection like members of one single family created by One Allah from one couple. This brotherhood is universal and not parochial. It is not bound by any geographical boundaries and encompasses the whole of mankind.

In Ayat 158 of Sura 7 (Al-Araf) of the Holy Quran asserts thus :-

Say: "O men! I am sent

Unto you all, as the Messenger

Of Allah, to Whom belongeth

The dominion of the heavens

And the earth: there is no Allah

But He: it is He that giveth

Both life and death. So believe

In Allah and His Messenger.

The unlettered Prophet,

Who believeth in Allah

And His Words: follow him

That (so) ye may be guided."

Our attention having been directed to various Prophets, who were sent with missions to their several peoples, and in each of whose careers there is some prefigurement of the life of the last and greatest of them, we are now asked to listen to the proclamation of Muhammad's universal mission. We contemplate no longer, after this, partial truths. It is not now a question of saving Israel from the bondage of Egypt, nor teaching Midian the ethics of business, nor reclaiming the people of Lot from sexual sin or Thamud from the sin of oppression in power, or Ad from arrogance and ancestor-worship. Now are set forth plainly the issues of Life and Death, the Message of Allah, the One Universal Allah to all mankind.

Therefore a natural corollary of this concept of universal brotherhood is mutual co-operation and help, particularly among Muslims who, beside being united to each other as to the rest of mankind by a common origin, are further united by the bonds of common ideology and have been characterized by the Quran as 'brothers-in-faith'. This brotherhood has been more clearly described in Ayat 11 of Sura 9 (Al-Tauba).

The chance of repentance and mercy to the worst enemies is again emphasized, in order that people with any understanding may not be misled into thinking that war was an easy or light matter. This emphasis is balanced by the emphasis in the next verse on the causes which made war inevitable for those with any self-respect.

In mutual compassion, love, and kindness one will find the faithfuls like a body, so that if one part feels pain, the whole body response with wakefulness and fever. A Muslim is therefore is a brother of another Muslim; he neither wrongs him, nor leaves him without help, nor humiliates him.

Justice command a place of such paramount importance in Islam that being just is considered to be a necessary condition for being pious and God-fearing, which is the basic characteristics of a Muslim. Holy Quran in Ayat 8 of Sura Al-Maida 5 is the authority for the proposition that to do justice and act righteously in a favourable or neutral atmosphere is meritorious enough, but the real test comes when you have to do justice to people who hate you or to whom you have an aversion. But no less is required of you by the higher moral law.

Moreover, the course of justice is to be followed even if this hurts one's own interest or the interests of one's near and dear ones.

SOCIAL JUSTICE

Since Islam considers mankind as one family, all members of this family are alike in the eyes of Allah Sobhanahu Tahla and the Law revealed by Him. There is no difference between the rich and the poor, between the high and the low, or between the white and the black. Therefore there is to be no discrimination due to race or colour or position. The only criterion of a man's worth is character, ability and service to humanity. Holy Prophet said "Certainly Allah Sobhanahu Tahla looks not at your faces or your wealth; instead He looks at your heart and your deeds".

"The noblest of you are the best in character (Bokhari)".

Hazrat Umar, the Second Caliph wrote to Abu Musa Al-Ashari, one of his governors, asking him to 'treat every-one before you alike in respect so that the weak does not despair of justice from you and that the high and mighty does not crave for an undue advantage. This spirit of social justice thoroughly pervade the Muslim society the during the period of the first four Caliphs (Kholfa-e-Rasedin) and even in the later period did not fail to find its full manifestation on several occasions.

Economic of Justice: The concept of brotherhood and equal treatment of all individuals in society and before the Law is not meaningful unless accompanied by economic justice. The Holy Quran urges Muslims to withheld things justly due to others (Al-Quran 26:183) and thereby implying that every individual must get what is really due to him, and not by depriving others of their share.

The Holy Prophet aptly warned : Beware of injustice for injustice will be equivalent to darkness on the Day of Judgement. An employee is entitled to a 'just wage for his contribution to output and it is unlawful for a Muslim employer to exploit his employee'.

Again we will find from the ahadith of Holy Prophet "an employee (male or female) is entitled to at least moderately good food and clothing and should not be over burdened with labout except work what he (or she) can bear.

Hazrat Osman (R.H) the 3rd Caliph is reported to have said :

"Do not overburden your unskilled female employee in her pursuit of a living, because if you do so, she may resort to immorality; and do not overburden a male subordinate, for if you do so, he may resort to stealing. Be considerate with your employees and Allah will be considerate with you. It is incumbent upon you to provide them good and lawful food.

The 'just' wage cannot therefore be below the 'minimum' wage. Islam requires that the workers should not be made to work so hard or in such miserable conditions that their health deteriorates or their ability to enjoy income or participate in family life gets impaired. If they are made to perform beyond their capacity they should be provided with sufficient help to enable them to do the job without undue hardship.

Thus if Islam has placed a number of obligations on the employer, the employee is also expected to do the job conscientiously and diligently,, and be honest and trustworthy. The goal is justice to both employers and employees in all economic relationships.

Equitable distribution of income: According to Holy Quran all resources are gifts of Allah to all human beings and therefore there is no reason why they should remain concentrated in a few hands. Islam emphasizes distributive justice and incorporates in its system a programme for redistribution of income and wealth so that every individual is guaranteed a standard of living that is humane and respectable, and in harmony with regard for the dignity of man inherent in the teachings of Islam. It is clear from Ayat 30 of Sura 2 that Allah Subhanahu Tahla has created man as His Vicegerent on earth. The Islamic Jurists have almost unanimously held the position that it is the duty of the whole Muslim society in general and of its rich in particular to take care of the basic needs of the poor and if the well-to-do do not fulfill this responsibility in spite of their ability to do so the state can and should compel them, to discharge their responsibility.

This Islamic concept of equity in the distribution of income and wealth and its concept of economic justice, does not however require that everyone be rewarded equally, irrespective of his contribution to society.

The jurists have also agreed upon the following basic principles.The larger interest of society takes precedence over the interest of the individual.

Although 'relieving hardship' and 'promoting benefit' are both among the prime objectives of the Sariah, the former takes precedence over the latter.

A bigger loss cannot be inflicted to relieve a smaller loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely, a smaller harm can be inflicted to avoid a bigger harm or a smaller benefit can be sacrificed for a larger benefit.

Individual freedom, within the ethical limits of Islam, is therefore sacred only as long as it does not conflict with the larger social interest or as long as the individual does not transgress the rights of others.

The Islamic system is, beside spiritually dedicated to human brotherhood accompanied by social and economic justice and equitable distribution of income, and to individual freedom within the context of social welfare. This dedication is, it must be stressed also spiritually oriented.

However the commitment of Islam to individual freedom distinguishes it sharply from socialism or any system which abolishes individual freedom. Free mutual consent of the buyer and the seller is, according to all Muslim schools of jurisprudence, 'a necessary condition for any business transaction".

(To be continued)

Ayat 29 of Sura 4 (Nisa) of Holy Quran is the authority for the proposition where believers of the faith have been warned not to eat-up the property of anyone wrongfully, as all of our property must be held in trust whether it is in our own name or belongs to the community, or to the people on whom we have control.

Freedom of enterprise, in contrast with socialism, offers such as possibility and it had been recognized by Islam along with its constituent elements the institution of private property. The market mechanism may also be considered to be an integral part of the Islamic economic system, because on the one hand the institution of private property is not workable without it; and, on the other, it offers the consumers a chance to express their desires for the production of goods of their choice and by their willingness to pay the price, and also gives resource-owners an opportunity to sell their resources according to their free will.

Profit motive which is essential for the successful operation of any system incorporating freedom of enterprise, has also been recognized by Islam. This is because profit provides the necessary incentive for efficiency in the use of resources, which Allah Subhanahu Tahla has given to mankind. However Islam places certain moral restraints on this motive so that it fosters individual self-interest within a social context, which does not violate the Islamic goals of social economic justice and equitable distribution of income and wealth.

In the Islamic system, even though property is allowed to be privately owned it is to be considered as a trust from Allah Subhanahu Tahla, because everything in the heavens and earth really belongs to Allah and, man being the Vicegerent of Allah, enjoys the right of ownership only as a trustee (Sura Bakra-II 284).

Firstly, in Islam, the allocation of resources is optimum if it is in conformity with the norms of Islam and then in accordance with consumers' preferences. In a truly Islamic society there is no likelihood of any divergence between the two. But, if there is any divergence, then the state cannot be a passive observer. It must educate public opinion in accordance with the teachings of Islam and guide and regulate the machinery of production and distribution so as to bring about an allocation of resources which is

Secondly, the market system assumes that the wants of different individuals can be compared with respect to their urgency by the use of prices because each unit of currency represents a ballot. Therefore, an equitable distribution of income, which is one of the goals of the Islamic system is a prerequisite to the attainment of a desirable allocation of resources through the functioning of the price system.

Thirdly, there may be imperfections in the efficient operation of the market forces introduced by monopolies or monopsonies, or conditions in which prices may not reflect real costs or benefits.

Fourthly, in the capitalist market system, since the individual is the primary owner of his own goods, he may do what he pleases with them. Hence there is no moral sanction against destruction of output by, say burning or dumping into the ocean, in order to raise prices or to maintain them at a higher level. But in the Islamic system, since all wealth is a trust from Allah, it would be a grave moral crime to do so.

Fifthly, by itself the market system, even under conditions of healthy competition which is a prerequisite for its efficient operation, has manifested no inherent tendency to solve the economic problems of unemployment, economic fluctuations and stagnation, or to bring about an equitable distribution of the social product. There has, therefore, to be some direction and regulation by a goal-oriented government.

Sixthly, therefore, unless there are moral checks on individuals accompanied by effective regulations by a morally oriented government, competition may not necessarily eliminate the inefficient, reward socially useful behaviour, enforce social and economic justice and foster an equitable distribution of income.

Hence the sharp distinction between Islam and capitalism which, in spite of its present recognition of the role of the government in the economy, is nevertheless essentially secular and lacks a morally based philosophy for social and economic justice and public welfare.

Conclusion: It has been declared by Allah Subhanahu Tahla in the Holy Quran perfecting our religion for all the believers of the faith. In part of Ayat 4 of Sura 5 (Al-Maida) Allah has clearly declared thus :-

This day have those who

Reject Faith given up

All hope of your religion:

Yet fear them not

But fear Me,

This day have I

Perfected your religion

For you, completed

My favour upon you,

And have chosen for you

Islam as your religion.

Notes : So long as Islam was not organized, with its own community and its own

laws, the Unbelievers had hoped to wean the Believers from the new Teaching.

Now that hope was gone, with the complete organization of Islam.

The last verse revealed chronologically; making the approaching end of Mustafa's ministry in his earthly life.

This verse clearly speaks of the fact that the favours of Allah Subhanahu Tahla in the form of Din (code of life) have been perfected in Al-Islam. To a non-Muslim who is natured on a traditional concept of religion, it is only a private relationship between man and his Creator. But for a Muslim religion comprehends the whole of his life - it patterns of thought and behaviour. Therefore in Islam one cannot find a no-man's land to which religion does not lay a claim That is the reason why Allah Subhandhu Tahla exhorts people to accept Islam in its entirety.

Ayat 208 of Sura Baqara-II gives clear direction to the believers of the faith to enter into Islam "Whole heartedly" and follow not the foot-steps of the Saitan for he is to you and avowed enemy.

Islam is the only religion of the world which knows no distinction between the religious and secular, but views in one sweep the entire life of man.

Ayat 162 of Sura VI - A-an'am is the authority for the proposition that a Muslim life and death are all for Allah. The said Ayat runs thus :-

Say: "Truly, my prayer

And my service of sacrifice,

My life and my death,

Are (all) for Allah,

The Cherisher of the Worlds:

No partner hath He:

This am I commanded,

And I am the first

Of those who bow

To His Will

It means that the whole life of a Muslim in all its spheres should be an expression of complete submission to Allah Subhanahu Tahla, the Creator of this Universe and the Rightful Master.