By Muhammad Yunus, New Age Islam (Co-author (Jointly with Ashfaque Ullah Syed), Essential Message of Islam, Amana Publications, USA, 2009) 20 January 2025 Section-6. Commercial Contexts Given that we live in a world vastly different from the Qur’anic era, one might be tempted to regard the Qur’an as out of date - particularly in commercial contexts. However, such an assumption would be simplistic and erroneous. Just as the human heart has consistently pumped blood to sustain the body from the first to the last breath of a person's life, the foundational commercial practices have met human material needs across the unfolding course civilization. Consider this: Could human civilization have taken its first step without the basic skills of making and trading goods? Crude and primitive as those products and activities of the antiquity might have been, over long span of time, they evolved into sophisticated goods and commercial practices, marking a phenomenal advancement of civilization. Therefore, it would be too simplistic to exclude the Qur’an from its role in reflecting and guiding the commercial norms and contexts of civilization. With this in mind, let us explore the Qur’an’s interaction with the commercial aspects of human life, which remain a constant feature of civilization. The following synopsis captures the essence of the Qur’an’s commercial context, referencing specific verses. The tone and style of the Qur’an are preserved in italics for authenticity – as in in other places in this exposition. Each point is numbered for clarity. Foundational Principles: 69. Do Not Usurp What Belongs To Others The Qur’an emphasizes the importance of integrity and justice in all financial dealings. Several verses highlight this principle: • “Do not unjustly consume others’ wealth, nor bribe authorities with it to viciously but knowingly consume a portion of other people’s wealth" (2:188). • "Do not consume others’ wealth* - not even by way of trade with mutual consent," (4:29) The underlined rendition is based on the interpretation by Muhammad Asad, The Message of the Qur’an, Gibraltar 1980, Chap. 4. • Through a parable, the Qur'an criticizes a man owning 99 sheep who demands his brother’s lone sheep, highlighting the greed that can pervade partnerships. It warns: "Many partners take advantage of one another, except those who believe and do good and righteous deeds (amil as sualihat but these are few….." (38:24). • "Woe to usurpers (83:1) who demand full measure when they receive from people (83:2) but cheat when they measure out or weigh for them" (83:3) 70. Be Fair In Measurement And Weight: The Qur’an also stresses the importance of honesty in measurements and weights, which is critical for fairness in trade: • "Give full measure when you measure out; be not among cheaters" (26:181). • “And weigh with the true balance (26:182) • "Do not under-weigh others' goods and do not act wickedly on earth as corruptors" (26:183). • "Weigh with true scales; that is better in the end" (17:35) • "Establish weights justly and do not tamper with the delicate balance (mizan) (in all transactions of life)" (55:9). 71. Make Fair Payment For Goods And Services As reviewed earlier (52 above), the Qur’an accords an incontestable moral right to the poor in the wealth of the rich. In today's commercial world, driven by the trading of goods and the hiring of labour, this principle can translate into fair payment for goods purchased and services received. Historically, the owners of factories, once called workhouses, formed corporate unions with the aim of minimizing wages and extending working hours to reduce production costs. By the late 19th century, labour movements emerged to demand fair wages and reasonable working hours, based on the principle that Allah does not burden any soul beyond its capacity (2:286, 6:152, 7:42, 23:62). Civil unrest and social movements led to the gradual adoption of minimum wages and limits on working hours under various political ideologies like Communism and Socialism. As these ideologies faded, the notion of human rights gained prominence, and international statutes institutionalized fair wages and working hours under the United Nations. Yet, as throughout history, wealth continues to confer power, and both in tandem drive national economies. Today, farmers and the working class, particularly in third-world countries, still face systemic wage suppression, widening the gap between rich and poor. Recognizing the rights of the poor in the wealth of the rich, as enjoined by the Qur'an, could help alleviate this escalating economic imbalance. 72. Usury (Riba) / unrestrained profiteering is prohibited. The Qur’an uses the term Riba to denote usury, which refers to lending money at exorbitant interest rates—a practice prevalent among traditional money-lenders since ancient times and has been retained in the world economic milieu in different forms throughout the history. The Qur’an explicitly forbids Riba and advocates fair business practices. This prohibition is a critical aspect of Islamic economic principles, aiming to ensure fairness and prevent exploitation. Verses 2:275-279 of the Qur’an listed below provide clear guidance on this issue. These verses not only forbid usury but also encourage believers to forgo any outstanding interest accrued from such transactions and to be satisfied with reclaiming the principal sum only. The relevant verses are as follows: “ • “Those who live off usury (riba) will never establish themselves, except as those who are confounded by Satan’s touch. That is because they say, ‘Trade is like usury (riba).’ But Allah has permitted trade and forbidden usury (Riba)…...Allah wipes out usury (riba) and nourishes charity, and Allah does not love any ungrateful sinners” (2:275-2:276). • “You who believe, heed Allah, write off anything that remains outstanding from usury if you are indeed believers. If you do not do so - take (recover) your principal. Do not wrong (others), and you shall not be wronged” (2:278- 2:279). These verses underscore the importance of ethical conduct in financial dealings and highlight the moral imperative for Muslims to avoid usury. They emphasize the destructive consequences of engaging in usury and the spiritual benefits of charity, promoting a system of commerce that is just and equitable for all parties involved. 73. Will and Inheritance Every human being who leaves behind any wealth or assets, becomes a posthumous perpetrator of a commercial transaction either by way of a will or by the division of inheritance among his next of kin. Accordingly, practically all major civilizations of the world – however ancient have had laws for the division of inheritance. The Qur’an is no exception. The major exception it can boast of - and a remarkable one for the matter is the express inclusion of close female next of kin in its list of legatee – those entitled to receive a share in the inheritance in the absence of any will. Thus inheritance of a woman in her various capacities, such as, a daughter, a sister, a wife, or a mother, is clearly spelled out leaving no ambiguity in any case. This obviously is to protect their inheritance rights, and to safeguard against patrilineal traditions in which property is passed through the male line, with sons being the primary heirs. Yet another exception – possibly of lower significance is a recommendation to include the poor and needy lateral relatives of a person (brothers, sisters, nephews, nieces or close contacts) who had conceivably been receiving financial assistance from the deceased but are not included in the allocated inheritance ratios. These critical aspects of the Qur’an’s inheritance laws are illustrated below beginning with its ‘injunction’ (binding obligation) on leaving a will, followed by the rendition of the related verses – that is necessary to corroborate the statements marked by bullets: 74. Leaving Behind A Will – A Moral And Legal Obligation: • “It is prescribed for you that when death approaches any of you, and he leaves behind (some) property, he should make a will in a just and fair manner for his parents and near of kin. (This is) a duty (moral and legal obligation) incumbent upon the heedful (Muttaqin) (2:180). If anyone changes it after having heard it, the sin shall be on those who change (it). (Remember,) Allah is All-Knowing and Aware (2:181). However, anyone who fears bias or injustice by the testator and patches things up among them, there shall be no sin on him. (Remember,) Allah is Most Forgiving and Merciful” (2:182/103 above). *Lit., ‘them’.] • “You who believe, when death approaches any of you, let there be witnesses among you when making a will: two just (persons) from among you (fellow Muslims), or two others from the outsiders (non-Muslims), if you are traveling on earth and a fatal calamity befalls you. Detain the two after prayer, if you are in doubt (about their integrity), and let them swear by Allah (saying): ‘We shall not take any payment for (tampering) it, even from a relative, nor will we hide the testimony of Allah, for then indeed we shall be among the sinners’ (5:106). But if it so happens that both of them are found (guilty) of crime, let two others from among the most rightful stand in their place. Let both of them swear by Allah (saying): ‘Our testimony is truer than their testimony, and we have never exceeded limits, for then indeed we shall be among the unjust’ (5:107). It is then likelier that they give true evidence, for they might fear that other oaths may be taken after their oaths. Heed Allah and listen. (Remember,) Allah does not guide the immoral folk” (5:108). *Lit., ‘testimony’.], ** Lit., ‘at its face value’.] 75. Inheritance Ratios In The Absence Of Any Will The timing of a person’s death is often unpredictable, making it difficult to prepare a well-considered will at the last moment. Even if such a will is made, it may not always be wholly reliable due to the emotional and mental state of the individual at the time, potentially subject to change if they had lived longer. So the reliability of any will made by a person at his departing hours is questionable and can be contested On the other hand, absence of any will can allow the most powerful among the heirs – the eldest son or eldest brother in most cases - to appropriate the bulk of the legacy. It may also deprive those at the lower tiers of family hierarchy and all lateral relatives and the weak and the needy including the elderly and female members of the family of any fair share in the legacy. Hence a will is necessary but it must be regulated by guidelines that will forestall any undue or unjust appropriation of the legacy by the powerful members of the family. This is in the form of Inheritance ratios that gives a guideline on the distribution of the legacy. This is tabled below in a simplified manner, extracted from its long intertwined passage (4:8-4:12) and verse 4:176 that may be difficult to comprehend on flat reading because of their highly nuanced diction. • The wife gets a fourth of what her husband leaves, while the husband gets half of what she leaves (4:12). • if (there are) no children and the parents are the (only) heir, the mother has a third; but if the deceased left siblings, the mother has a sixth, (4:11) • If the deceased left siblings as well as parents each of the parents gets a sixth of the inheritance, and the siblings get the balance - the male having twice the share of the female (4:11). • If there is no brother or sister, the mother gets a third of the inheritance (4:11). • If a deceased man left only one sister, she inherits half of what he left, but if there are two sisters or more, they together inherit two-thirds of what he left (4:176). • If a deceased man or woman leaves both brother and sister - the male has twice the share of the female (4:176). • If a deceased man or woman leaves a brother or a sister from the mother’s side (different father), each will get a sixth of the inheritance – and if there are more than two of them, the combined share will be one-third of what is left (4:12). • Orphans and needy relatives (offspring of deceased first relatives) alive at the time of division are to be provided for out of the inheritance in a just manner (4:8-10). The Qur'an's approach to will and inheritance is both progressive and detailed, ensuring justice and fairness. By explicitly including women and emphasizing the needs of orphans and the needy, it aims to create an equitable system that protects the rights of all individuals, countering the historically patrilineal traditions where women and weaker relatives were often excluded from inheritance. All said with the changing demography and geographic spread of families due to globalization and the inevitable differences in age, and financial needs of the legatees, the inheritance division could best be addressed through consultation within the beneficiaries a broad account of the Qur’anic ratios. 76. The Case Of Modern Banking The Qur’an allows Muslims to avail of all lawful things in life - that is, to earn their livelihood lawfully (2:168, 2:172/50 above): This obviously includes all fair trading and lawful commercial activities. Modern banking system acts as the facilitator for all trading and commercial activities, which are lawful in Islam. It serves as the main channel for extending an initial advance against an order and for transfer of payments after the execution of an order. It offers essential funds to all category of borrowers from students, farmers, patients and petty traders to businessmen and industrialists of all descriptions, and corporate giants making hospitals, housing complexes, cars, aircrafts etc. So long as such investment is lawful, and does not enable the owners or the board members of a corporate body or the sponsors of the investment to multiply their wealth through fraudulent or unfair means, it will be no different from that generated by fair trade as permitted by the Qur’an (2:279/ 72 above) It will therefore follow that the modern banking system can be Islamic as long as it is run on ethical principles as enjoined by the Qur’an, follows a structured and strict multi-tier system of scrutiny before sanctioning any big loans, allows financial concessions including write-offs to common lenders who may be genuinely unable to pay back loans and is not manipulated to make excessive profits for the board or investors through fictitious loans. 77. On The Drafting Of A Commercial Contract The Qur’an lays down a comprehensive protocol on drafting business contracts and commercial transactions in its longest passages (2:282/2:283) It covers the following elements which are consistent with modern protocols on drafting of contracts: • Drafting of a contract by the recipient of a loan, or his agent. • Witnessing of a contract by two other men, • If two men are not available, two women to substitute for one man. • Putting dates, and stating the contract period on the contract. • Exhortation to the witnesses to turn up for testimony when called. • Forbidding harassment of a scribe or a witness • Permission for hand-to-hand transaction when there is no documentation. • Approval of a security against a loan. • Responsibility of the trustee to honestly discharge his trust. As these elements are listed in the referenced passages in clear and unambiguous manner, the passages are not listed to avoid taxing the reader with something that he/she is already familiar with 00000000000000– that is part of normal commercial contract since the advent of Islam or even before it. Why two women to substitute for one man as a witness? Trading has been a predominantly male profession’, since in broad historical context, it involved traveling across hazardous terrains and staying away from home. Therefore, the general instruction is to take two male witnesses and if two of them are not available then one male and two female witnesses This obviously was specific to the context of the revelation and should not be taken literally as eternally binding as other pronouncements of existential character (11. above) 78. The Qur’an Warns Against The Twin Malaise Of Consumerism And Materialism In the context of the revelation, the Qur’an says: • “Alluring to people is the love for desires from women, for children, for hoarded-up treasures of gold and silver, and well-bred horses and cattle and lands. Those are the provisions of worldly life, but the best of goals lies with Allah” (3:14). • “Wealth and children are the allurements of worldly life, but good deeds endure, and are better before your Lord as a reward, and the best to hope for” (18:46). • “Indeed, man is ungrateful to his Lord (100:6), and he bears witness to that (100:7), and he has an intense desire for riches (khayr)” (100:8). While the allurements of life have multiplied enormously with the progress of civilization, the Qur'an's message remains relevant. Readers today can relate it to the ever increasing supply of good and beautiful things that they are tempted to purchase even on debt. So no matter how out of date the Qur’anic bidding may sound to the skeptic, it is designed to reduce the social pressure and financial burden of the common people today who love or tempted to go on buying good and beautiful things that constantly flood the malls, and to spend lavishly on themselves and their near and dear ones – for which there are unlimited avenues. 79. The Qur’an Warns Against Obsession To Accumulate Wealth "In verse 100:8 (listed in 78 above) the Qur'an captures human’s obsession with accumulating wealth. Yet another pair of verses, 89:19/20 exposes the greed of the heir to a property by declaring: “And you devour inheritance with all greed (89:19) And you love wealth with vehement love (89:20). These verses underscore the unabashed selfishness of man who not only wants to acquire all good and beautiful things of life – but at the same time wants to go on accumulating wealth – gold and jewellery, lands and properties He thus uses both sides of his financial sword against the society. The Qur’an captures the mindset of such people in its 104th Surah, al-Humazah: • Woe to every slanderer and back-biter (104:1). He who gathers wealth and counts it over and over (104:2), thinking that his wealth will eternalize him (104:3). No indeed! He will be thrust into the Crusher (104:4). Also Read (Previous Parts): The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part One The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Two The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Three The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Four The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Five The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Six ----- Muhammad Yunus, a Chemical Engineering graduate from Indian Institute of Technology, and a retired corporate executive has been engaged in an in-depth study of the Qur’an since early 90’s, focusing on its core message. He has co-authored the referred exegetic work, which received the approval of al-Azhar al-Sharif, Cairo in 2002, and following restructuring and refinement was endorsed and authenticated by Dr. Khaled Abou El Fadl of UCLA, and published by Amana Publications, Maryland, USA, 2009. URL: https://www.newageislam.com/books-documents/quran-nurun-nur-light-quranic-guidance-part-seven/d/134382 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism
0 comments:
Post a Comment