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

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

What is the ruling of Islamic Law on opening an account in a commercial bank in order to deposit a sum and use it for personal purposes, such as transfers and electronic payments?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is forbidden for a Muslim, if he has a choice, to open an account in an interest-based (ribawī) bank, even if the account earns no interest, because doing so assists in ribā, based on the saying of Allah the Exalted (which means): “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [al-Māʾidah/2]
This is because such banks invest deposited funds in forbidden ribā-based transactions, and depositing with them is therefore a form of assisting them in what is unlawful. Assisting in what is unlawful is prohibited by the Sharīʿah. However, if there is a pressing need to open an account in an interest-based bank and it is not possible to open one in an Islamic bank, there is no objection to doing so.
The ruling on bank interest and the prizes distributed by interest-based banks was previously explained in Fatwa no. (471). And Allah Almighty knows best.