Articles

The Emergence of the Islamic Economy
Author : Dr. Safwan Odaybat
Date Added : 01-02-2023

The Emergence of the Islamic Economy

Reflecting on the terms used in the definition of the Islamic economy-to which we have referred earlier-in terms of wealth, money, monetization, ownership, spending, production, investment, services, savings, and issues concerning richness and poverty, shows that Muslims are among the first to care for and write thousands of books about economic issues.

This leads us to differentiate between two terms:

First: The Islamic Economic Doctrine

It represents the general principles contained in the texts of Sharia (Quran and the Prophetic Sunnah). These principles are immutable and as a whole, they constitute rules governing the economic life with its totalities. It is fit to say that they are the holistic rules for the diverse applications and the detailed particulars of the vocabulary of the Islamic economy.

Second: The Islamic Economic System

It represents the applied aspect with its subdivisions, which vary with time and place, and is the subject of the Ijtihad (process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law based on the Qur'an and the Sunna) of the scholars as well as the consideration of the jurists. In fact, the ruling on emerging issues of Islamic jurisprudence/Fiqh, contemporary issues of financial transactions, and the economy is only one form of the Islamic economic system.

It is therefore fit to say: "The Islamic economy is divine in terms of doctrine and secular in terms of system or application" (see the book entitled "The Subjectivity of Islamic Economic Policy and the Importance of the Islamic Economy " by Dr. Mohammed Shawki Al-Finjri,pp.18).

If we dwell on the Islamic economic doctrine, we realize that Islam is the first to determine the general principles and the holistic rules on which the economic system, with its various applications, is built. 

The rules of justice, the prohibition of Riba (Usury/interest), injustice, grave deception, fraud, even the rules of ownership, consumption, production, distribution, etc., are all found in the Holy Quran, the Prophetic Sunnah, exegesis, Hadith, and Fiqh.

Allah Commands working to earn a livelihood and this represents production in its most obvious form. He, The Almighty Says (What means): "It is He Who has made the earth manageable for you, so traverse ye through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection." {Al-Mulk/15}.

The Holy Sunnah has highlighted the issue of public property. A man of the Companions narrated: I went on an expedition with the Prophet (PBUH) and heard him say, "People are partners in three things: grazing, pasture, water and fire." {Sunan Abi Dawoud}. 

As for private property, verses on inheritance represent a clear case and form of its applications. Abu Hurra ar-Raqashi on his paternal uncle’s authority reported God’s Messenger as saying: “You must not act oppressively, and a man’s property may not be taken except with his goodwill.” {Al-Sunan Al-Kubra of Al-Baihaqhi}. This Hadith clearly reflects the right to private ownership.

The holy Sunnah also addresses the economic balance in society and ways of achieving it by prohibiting monopoly, Riba and injustice. This is also clearly reflected in the following verse: "What God has bestowed on His Apostle (and taken away) from the people of the townships,- belongs to God,- to His Apostle and to kindred and orphans, the needy and the wayfarer; In order that it may not (merely) make a circuit between the wealthy among you." {Al-Hashir/7}. This verse contains several wisdoms behind Zakah (Obligatory charity), spending, operating funds instead of sufficing with saving them, prohibiting monopoly and Riba. In total, these make up the natural economic balance and this is what the Muslim community should be like.

If we examine all the examples taken from the texts of Sharia in clarifying the vocabulary of the Islamic economy, a great deal of time will be needed. Therefore, we will suffice with what has been referred to.

If we look at the Islamic economic system and its practical aspects and partial branches, we will find a number of specialized books in some branches of the Islamic economy, in addition to the scattered economic knowledge in the details of transactions in the different books of Fiqh, Hadith and exegesis.

Rather, we find "The writings of Ibn Khaldoun, Megrezi, Ayeni and Dalji in the late 14th and 15th centuries as the starting point of the scientific school in modern economics" (The Brief in the Islamic Economy by Dr. Mohammed Shawki Finjri, P. 27).

Dr. Zaki Mahmoud Shabana, former deputy of Azhar University, establishes that Ibn Khaldoun's book/ The Muqaddimah (Introduction), which appeared in 784 AH, is similar to the book (Wealth of Nations) by Adam Smith whom some call the Father of Modern Economics. The latter wrote this book in 1776 while Ibn Khaldoun wrote his book five centuries ago. (Wealth of Nations) is even considered a distorted image of Ibn Khaldoun's Muqaddimah and only differs from it environmentally and temporally. (Al-Wajiz by Fanjri, p. 27, and The Islamic Economic System by Dr. Mahmoud Al-Khatib, p. 16).

A closer look at Ibn Khaldoun's book reflects the volume of specialized economic knowledge found in this cultural treasure. It also paves the way for modern and advanced economic theories, such as economic growth, population theory and state economic activity. (Muslims and Economics: Ibn Khaldoun Founder of Economics, by Dr. Shawqi Ahmad Dunya, P.6)

This is in addition to other books about the various vocabularies of Islamic Economics in the early Hijri centuries. For example, Kitab al-Kharaj by Abu Yusuf who died 182 AH, Al-Kharaj by Adam Al-Qurashi who died in 203 AH, and Al-Amwal by Obeid who died in 224 AH, in addition to many other books.

In the second half of the twentieth century, after the emergence of modern secular economic doctrines and development of modern economic systems, Islamic economic studies began to emerge, and the Islamic economy began, as a science and thought, through international conferences. The latter were introduced by the First Conference of Islamic Economics in Makkah in 1976. Afterwards, specialized conferences and seminars were held and Islamic economics was singled out as a specialization in Sharia colleges and departments. Moreover, scholars began writing books on the Islamic Economics. The most notable scholars to write on this field were Prof. Mohammad Baqer al-Sadr, Ali Abdul-Rasoul and Dr. Mohammed Al-Mubarak, Dr. Ahmed Al-Najjar, Dr. Ref`at Al-Awadhi, and many others...

 

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Summarized Fatawaa

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

Is it incumbent on a family to provide for its old handicapped son and take care of him?

The family and relatives- e.g.brothers- of such a person are obliged to spend on him and take care of him if he didn`t have money of his own.

Is it permissible for the father to give the Zakat of his money to his poor married son?

It is permissible for the father to give part of the Zakat to his poor son, if the latter was sound and healthy, because in this case the father isn't obliged to spend on his young son, even though; he is considered one of the Muslims poor. And Allah Knows Best.  

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath ) ?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.