It's been over seven months, with 45,000+ civilians killed in P41estine the majority of whom are women and children. Similarly with Muslims worldwide (Burma, Kashmir, Uygurs in East Turkestan etc..), and the silence of "Muslim" rulers is deafening. The only solution is for Muslims to mobilize their armies and unite under a single umbrella of Khilafah, which is the promise of Allah SWT. If you are in a position of power, please raise your voice. If you can't do much, please consider donating to Palestine Red Crescent Society or any other charity organisations which you truly trust, JazakAllah khairan.

Economic system

Economic system (105)

This book of the economic system in Islam is a precious intellectual Islamic fortune, rarely matched. It is the first book which crystallises, clearly and obviously, in this century, the reality of the economic system of Islam in this period in an explicit fashion.

It explains the Islamic view of the economy and its objective, how to own property and increase it, how to spend and dispose of it, how to distribute the wealth amongst the citizens in society and how to establish a balance within it.

It explains the types of properties (private, public and State property) including the property due to the Bait ul-Mal and the areas over which it is spent.

It explains the rules of lands, whether ‘Ushriyya or Kharajiyya, and what is obliged in them of the tithe (‘Ushr) or land tax (Kharaj) and how to utilise, cultivate and allocate and also how to transfer them from one owner to another.

It also discusses the different types of currencies (Nuqud) and what occurs in them of Riba, exchange and what is obliged from them of Zakat.

Finally it discusses the foreign trade and its rules. The sole sources in adopting the rules mentioned in this book are the Book of Allah and the Sunnah of His Messenger [1] and what they directed to, namely analogy and Ijma’a as-Sahabah. No other source is taken in adopting these economic rules.

The book introduces the reality of the capitalist and socialist, including (communist) economic systems and their refutation, explaining their defects and contradiction with the economic system of Islam. This book was reviewed prior to printing the new edition with only minor corrections. Careful attention was spent in reviewing all the Ahadith mentioned which were proven according to their narrators in the books of Hadith.

This book, to its credit, has created amongst Muslims a great awareness of the Economic System in Islam. We ask Allah that He  spreads its favour and enables Muslims to place its rules into action in a State ruling them exclusively with that which Allah  has revealed.

23rd Safar 1410 Hijra

23/9/89

Monday, 02 January 2017 20:26

7.1 The need for Property for Sustenance

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One of the means of ownership is the need of property for sustenance. This is because sustenance is a right for every human being, so He must have sustenance as a right for him, and not as a grant or as a favour. The means by which a citizen of the Islamic State secures his livelihood is work. If it is difficult for Him to find work, the State has to make it available for him, because it is the caretaker of the citizens and is responsible for supplying their needs. The Prophet (pbuh) said: “The Imam is a caretaker (ra’i), and He is responsible for his subjects,” narrated by Bukhari from Ibn Umar. If it was difficult for Him to find work or He was unable to work due to sickness, old age or due to any reason of disability, then his sustenance becomes a duty upon those whom Shari’ah made responsible for financially supporting him. If there was no such person, or there was one but He was unable to financially support him, then the Bait ul-Mal, or the State becomes responsible for providing the required support. Moreover, such a person has another right from the Bait ul-Mal, which is the Zakat. Allah said:

“And in their wealth there is a right acknowledged. For the beggar and the destitute.” [Al-Ma’arij: 24-25] This right is obligatory upon the rich people who have to pay it. Allah (swt) says in the verse of Sadaqat:

“Alms are only for the poor and the needy.... a duty decreed by Allah” [At-Tauba: 60]

i.e. an obligatory right. If the State neglected this right, and the Muslim community neglected to take the State to task and neglected to feed (support) the needy, though it is not expected that the Muslim community would neglect this, then this person has the right to take whatever He needs to support himself, from wherever He finds it, whether it was from an individual’s property or a State property. In such a case a hungry person is not allowed to eat carrion, as long as there is food with any of the people, as He is not driven by necessity to eat carrion when there is food in the hands of the people of which He can eat. However, if He could not obtain the food, then He is allowed to eat carrion to save his life. This is because the sustenance is one of the means to obtain property. Shar’a did not consider the taking of food in the time of famine as theft for which the hand must be amputated. It was narrated by Abu Umamah that the Prophet (pbuh) said: “There is no amputation in time of famine.” The right of the person to own property for sustenance was secured by the Shar’a through legislation as well as through direction. Imam Ahmad narrated that the Prophet (pbuh) said: “Any community, whosoever they are, if a person among them became hungry, they will be removed from the protection of Allah the Blessed, the Supreme.” Al-Bazzar narrated from Anas that the Messenger of Allah (pbuh) said: “The one who slept (satisfied) while his close neighbour was hungry, and He was aware of that, would not have believed in me truly.”

Monday, 02 January 2017 20:26

7 The Third Means of Ownership

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That which the State gives of its Properties to the Citizens

Another means of property ownership is that property which the State gives from the Bait ul-Mal properties to the citizens in order to meet their needs or to benefit the community by their ownership. With regard to the meeting of their needs, the State grants them properties with which they cultivate lands or repay their debts. ’Umar bin Al-Khattab gave properties from the Bait ul-Mal to the farmers in Iraq, by which He helped them to plant on this land and to meet their needs without being reimbursed from them. Shar’a made for the debtors a right in the Zakat property, from which they are given to repay their debts if they were unable to do so. Allah (swt) said:

“and the debtors.” [At-Tauba: 60]

With regards to benefiting the community from the individual property, this occurs when the State grants to its citizens from its unused properties, such as the State giving land, which has no owner. As the Prophet (pbuh) did when He gave Abu Bakr and ’Umar some land when He (pbuh) emigrated to Madinah. He (pbuh) also gave Az-Zubair a wide area of dead land of al-Naqee’a, as much as his horse could run in, and He (pbuh) also gave Him land which had trees and palms. Similarly the rightly guided Khulafaa after Him gave lands to the Muslims. This land which the State gives to the person becomes his property through this granting. For the community is in need of the benefit of this property, of facilitating the individual to utilise this property, and of employing his mental and physical efforts for the benefit of the community by means of its ownership. This term of granting (Iqta’a) used here is lingistic and jurist one, and it has no relation with the known feudal (Iqta’a) system which Islam never acknowledged.

What the State distributes amongst the warriors from the booties, and what the Imam allows them to hold of the war spoils are also examples of what the State grants to the individuals for them to own.

Monday, 02 January 2017 20:25

6.1 Inheritance

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Another means of property ownership is inheritance, which is established by the definite (Qat’i) text of the Qur’an, and it has certain literal rules which are not subject to reasoning. Although the Qur’an has stated the details of inheritance, these detailed rules are general guidelines. Allah (swt) says,

“Concerning (the inheritance) for your children: to the male is the equivalent of the portion of two females, and if they (children) were women more than two, then theirs is two-thirds of the inheritance.” [An-Nisa: 11]

We understand many rules from His speech. We understand that the male child takes double that which the female child takes. We also understand that the child of the son is treated as the child in cases where there are no (living) children, because the children of the male child (son) are included in the word ‘children.’ This is contrary to the children of the daughter, who are not treated like the children of the son where there are no (living) children. Because the children of the daughter are not included linguistically in the word ‘children.’We understand also that if the children were females, and more than two in number, then they share in twothirds of the inheritance. The Prophet (pbuh) made for the two females a portion equivalent to those who are more than two, and the Sahabah (companions) (ra) made Ijma’a (consensus) on that matter. So the rule in regard to the two females is the same rule for more than two females. These rules have been understood from the general meaning of the verse. According to these rules, the inheritor deserves his portion of the inheritance. Thus, one of the means of property ownership is the inheritance according to its rules, which are detailed in the Qur’an, Sunnah and the Ijma’a of the Sahabah (ra).

Inheritance is one of the means by which the wealth is broken up; though the breaking up of the wealth is not an Illah (reason) for the inheritance, rather it is a manifestation of its reality. Once the wealth has been allowed to be possessed, it may then accumulate in the hands of a few individuals during their life. In order that such accumulation of wealth does not continue after their death, it is then necessary to have a means to divide the wealth amongst the people. It is observed in reality that the inheritance is the means of dividing this wealth naturally. Through examination, it is apparent that there are three cases of inheritance by which the wealth is broken up:

a. The first case is when the inheritors take the whole inheritance according to the laws of inheritance, whereby all the wealth is distributed amongst them.

b. The second case is when there are no inheritors who are entitled to take the whole property according to the rules of inheritance. Such a case would be if a husband died leaving behind only a wife or a wife died leaving behind only a husband. In such instances the wife takes only a quarter of the inheritance, and the husband takes only half of the property, while the rest of the inheritance in both cases is left to the Bait ul-Mal.

c. The third case is that when there is absolutely no inheritor at all, and in this case the whole property is put in the Bait ul-Mal, in other words it is left to the State.

The wealth is thus broken up and the property is transferred to the inheritors, where the exchange of the property resumes in an economic cycle amongst the people. The property is not kept in the hands of a particular person where the wealth accumulates.

Inheritance is a legal means of property ownership, so anybody who inherits a thing owns it legally. Thus the inheritance is one of the means of property ownership, which the Islamic Shari’ah has permitted.

Monday, 02 January 2017 20:23

5.11 Estimating the Employee s Wage

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Man rushes naturally to spend effort in producing the property by which He fulfils his needs. Man’s needs are numerous and He cannot meet them in isolation of other people. Therefore, it becomes inevitable that man lives in a society in which He exchanges with others the products of their efforts. Therefore, man who lives in a society spends his effort to produce both for his direct use (consumption) and for exchange. Because his needs are numerous, He does not spend all his efforts for his direct consumption only, for He is in need of properties which He does not have. It becomes necessary for Him to benefit directly from the efforts of others, as in his need for education and medicine and the like.

Therefore, the types of properties which man produces, however different and numerous they are, are not enough to fulfil all his needs. This is because He cannot produce by his own effort the things that fulfil all his needs. Rather He must depend on the efforts of others. So He has to exchange his effort or his property with the fruits of the others efforts. Therefore, the exchange of people’s efforts is necessary. Since these efforts may be recompensed by another effort or property it becomes necessary to have a measure that defines the values of all the fruits of efforts, relative to each other, in order that they may be exchanged. This defines the values of properties, so that they can be exchanged with each other or for labour. Therefore it is necessary that the measure used to define the value of efforts, and the measure used to define the value of properties is the same, so as to enable the exchange of properties with each other, the exchange of property with effort and the exchange of effort with effort.

Accordingly, people agreed upon a monetary reward that enables them to obtain the properties and the labour necessary for the fulfilment of their needs. This monetary reward, concerning commodities is the price, and concerning labour is the wage. This is because, in the exchange of commodities, it is a recompense for the commodity itself, and in the exchange of labour it is a recompense for the benefit of the effort spent by man. Thus, trade transactions and hiring deals are indispensable for man, though there is no connection between trading and hiring except that they are transactions between individuals amongst human beings. So hiring does not depend on selling (trading), nor does the wage depend on the price. Therefore the estimation of the wage is different from the estimation of the price, and there is no relationship between them. This is because the price is a recompense for property, so it is inevitably a property in return for a property, whether the property was estimated with the value or the price. The wage is the recompense for an effort, which does not necessarily produce a property; rather it may or may not produce a property. The benefit from effort is not restricted to the production of property, as there are benefits other than property which result from labour. Accordingly, the efforts spent in farming, trading and industry, whatever their kind, and whatever their amount, produce property and this directly increases the wealth of the country. But the services, provided by the doctor, the engineer, the solicitor, the teacher, and other similar services, do not produce property nor directly increase the wealth of the nation. If a manufacturer took a wage He would have taken it in exchange for a property He produced, but if an engineer took a wage, He would have not taken it in exchange for a property, because He did not produce any property. Therefore the estimation of the price is inevitably in return for a property. This is contrary to the estimation of the benefit resulting from effort, which is not a return of property but rather a return of benefit, which may or may not be a property. In this way, selling is different from hiring an employee, and the price differs from the wage regarding the actual estimation

However, the difference of selling from hiring, and of price from wage, does not mean the absence of a relationship between them. Rather their difference means that hiring is not to be built upon selling or selling upon hiring. So the estimation of the price is not based upon the estimation of the wage, nor is the estimation of the wage based upon the estimation of the price. This is because establishing one of them upon the other leads to the prices of commodities which the worker produces, controlling the wages He receives, whereas the prices of the commodities control the employer, not the employee. If the prices were left to control the employee then this would lead to the employer controlling the employee, thus He may reduce and increase the wage whenever He likes, under the pretence of the decline and increase of the prices, a matter that is not allowed. This is because the wage of the employee is in return for the benefit of his work, so his wage equals the value of his benefit, and it should not be linked to the prices of the commodities He produces. It is untrue to claim that forcing the employer to pay the estimated wage, when the price of the commodity falls, leads to his loss, and accordingly leads to making the worker redundant. This only occurs when the prices of the commodity fall down in the whole market. Therefore, this matter is left to the estimation of the experts for the benefit of the worker and not left to the employer. This is because the experts consider the whole benefit of the labour in general, and do not consider one case only. Therefore, the estimation of the wage is not based on the price of the commodity, but decided by the estimation of the experts.

Moreover, building hiring upon selling, and selling upon hiring leads to the prices of commodities needed by the worker controlling his wage, though the prices of his needed commodities should control the sustenance of the worker, and not his wage. So if the prices of the commodities needed by the labour were given control over his wage, it would make the sustenance of the worker a duty upon the employer, which He has to secure. However, the sustenance of every person is a part of his affairs which have to be cared for by the State, not by the employer. It is also not allowed absolutely to link the sustenance of the worker with his production, as the worker could be of a delicate body and not able to produce but a little, which is below his need. So if his wage is linked to that which He produces then He will be deprived of a decent livelihood, a matter which is not allowed. Thus the right of livelihood has to be secured for every person of the citizens whether He produces much or little, and whether He was able or unable to produce. Therefore, his wage is assessed by the value of his benefit, whether his wage was enough to meet his needs or not.

In this way, it is wrong to estimate the wage of the worker by the prices of the commodities that He produces, or by the prices of the commodities that He requires. So it becomes wrong to build the hiring upon selling and selling upon hiring; i.e. it is not allowed to build one of them upon the other. Therefore, it is not allowed to build the wage upon the price, nor the price upon the wage. This is because the estimation of the wage is a matter different from the estimation of the price; and each of them has particular factors and special considerations, which have control over the estimation. The wage is estimated by the benefit that the effort produces, so the estimation is only by the benefit and not by the effort, though the benefit produced is due to the effort spent by the person. The experts estimate the wage by this benefit, according to its utilisation. The estimation of the wage is not permanent; rather it is linked to the period agreed upon, or to the job which is agreed to be performed. Once the period finished or the work is accomplished, a new estimation of the wage starts, whether by the two contracting parties or by the experts, in estimating the equivalent wage. The period could be daily, monthly or annually.

The price is the ratio of exchange between the quantity of money and the quantity of equivalent goods (commodities). So the price is the money given in return for a unit of a certain commodity at a certain time. In regard to its estimation, it is decided naturally by the market based upon the need of the people for that commodity. It is true that the price could be estimated by the extent of the need of the buyer for the commodity, so He takes it whatever it’s price. It could also be estimated by the amount of the need of the seller, so He sells it whatever is its price. However this is not allowed; it is dangerous for the society and must not be permitted. This is what is called Ghuban (fraud). Therefore, what matters in this situation is what the sellers and buyers in the market decide and not what the (particular) contracting seller and buyer agree upon. In other words, the price is the value of the commodity estimated by the market. So the acceptance of the buyer of the price defined by the market is compulsory, and the acceptance of the seller of the price defined by the market is compulsory. The matter that defined this price and forced the seller and the buyer to accept it is the demand for the benefit of the commodity in the society in which it was sold, irrespective of its production costs. Therefore, the estimation of the price differs from the estimation of the wage, and there is no relationship between the two estimations. So, the estimation of the wage is not based on the estimation of the price. The price is only defined by the demand for the commodity, taking the shortage of the commodity in the market as a factor in this estimation. The price cannot be measured by the cost of production, as the price may not be equal to the production costs, since it could be less or could be more according to the circumstances in the short term. But in the long term, a balance occurs naturally between the price defined by the market and the production costs. However this does not make the wage linked to the commodity’s price, as the buyers and the sellers, in the short and long terms, do not look at the cost of the commodity when they trade it. Rather its price in both cases is defined by the demand for the commodity, taking into consideration the factor of its scarcity in the market.

Capitalists and Communists differed in estimating the wage of the worker to the point that they became contradictory. Capitalists give the worker the natural wage which is, in their view, that which the worker needs of the living means at their minimum standard. They increase this wage as the living costs increase over this minimum standard, and they reduce the wage if the living costs decrease. Hence the wage of the worker is estimated according to the living costs irrespective of the benefit which his effort produced for the employer and the society. Whereas, what the workers take of wages in Europe and America as Capitalists states, is an amendment of the Capitalist system by giving the worker more than his rights and more than that which the freedom of ownership gives him. Despite that amendment, that which the worker takes is still at the minimum standard of living, without which He can’t live except in discontent. Raising the level of living in Europe and America allows the minimum standard of wage the worker receives, showing Him to be better off, however He does not take equal to what He produces. So the estimation of the wage of the worker in Europe and America, though it does not make the worker poor compared with other countries, and enables Him to fulfil his basic needs and some of his luxuries is, compared with the standard of living in the community in which He lives, relatively low. Despite raising the standard of living of workers in Europe and America, the estimation of the wage there, and in all Capitalist countries, is still at the minimum standard of living compared with their society.

However, as long as the estimation of the wage is dictated by what the worker needs of means of living at their minimum, it will result in the ownership of the workers being limited to the amount they require to meet their needs, at their minimum standard compared with the community among which they live. This is regardless of whether their living was to meet their basic needs only, as is the case of workers in the intellectually declined countries (like the Islamic countries), or to meet their basic needs and luxuries, as is the case of workers in the intellectually progressed countries (like Europe and America). The ownership of the worker in all such countries is limited to the minimum standard of living in relation with the community among which He lives, whether the standard of living is high or low. This is the case, as long as the estimation of the wage is dictated by what the worker needs of the means of living at their minimum standard.

The Communists consider that the work, which the employee carried out, is the main factor in producing the commodity and completing its manufacture; so the work, or the ability to work, plays an essential role in producing the commodity. Thereupon, Communists consider the work of the employee is the basis of production, so the wage of the employee is equal to what He produces, and all the production costs are attributed to one element, which is the work. This is, of course, wrong and in disagreement with the reality. The tangible reality is that property in the universe, (which is created by Allah (swt)), is the basis of the value of the commodity; the costs spent on increasing the benefit of that property or in creating a benefit in it, together with the work, are the elements which transferred it to the form by which it provides a certain benefit. Hence making the work as the basis is wrong and contradictory to the reality. Moreover, making the produced commodity equal to the wage of the employee is an invalidation of the raw material and the costs spent on its production, which could have been spent by another employee who already took a wage for it. So the current employee did not produce the commodity, and the production is not attributed solely to his work, in order to be given the commodity as his wage.

However if we assume that what is meant by the worker a worker in general, then the raw material which Allah (swt) created still remains (as part of the benefit) and it is improper to be considered as not existent and not accounted for. Moreover, considering the worker in general terms for estimation of the wage is wrong, because the workers are designated persons and the wage is but for these persons. So considering the worker in general does not lead to estimation of the wage, rather it leads to the abolition of the wage and the abolition of ownership, a matter which contradicts with man’s nature. It is also an incorrect thought that has no tangible reality.

The tangible reality indicates that man rushes to fulfil his needs by himself; thus He strives to obtain products from the universe, or from another person, or by attaching some of his effort to the things which exist in the universe, so that the property becomes suitable to fulfil his needs. Therefore, the Communist’s theory of the estimation of the wage of the worker as being equal to the commodity He produced is wrong; and defining the wage as equal to what He produced excluding the raw material is wrong also. This is because the tools which the worker used and the expenses He spent have contributed to forming the commodity, yet they are not a part of the worker’s work. If they were considered as a part of the workers’ work looking at work in general, this leads to abolition of the wage which is wrong as was discussed previously.

The worker’s wage is not linked with the commodity, whether its value or its price. Rather it is linked with the benefit which his effort provided to the individual and the community, whether this benefit exists in the raw material, like the mushroom and the apple, or it exists in the worker’s contribution to the work like in the steam engine. Thus the estimation of the wage is linked with the benefit not with the commodity which He produces. Therefore, limiting the worker’s wage by a certain limit, whatever its scale, is wrong and contradicts to the tangible reality. It is sufficient that the wage be known rather than defined by a certain limit. Thereupon, the theory of the wage estimation used by the Capitalists, the Communists, and the Socialists is wrong and contradicts the reality. It also causes disruption in the relationships which necessarily arise among the people during the work for fulfilling their needs.

This difference in estimating the wage of the worker is due to their differences in assigning the meaning of the value of the commodity i.e. in defining the value of the commodity. Some of the Capitalists defined the value as equal to what the commodity costs of time, effort and raw materials. As an example, the steam engine is evaluated more than the bicycle. This value is considered according to the scarcity of these commodities to them. Others said that the value of a thing depends on its benefit i.e. on its ability to fulfil the needs. Others said that the value of any commodity depends on the amount of work spent in its production, in addition to the amount of work spent in producing the machinery and tools used in the production process. The most recent theory, (called the ‘marginal utility theory’), looks at the value from the viewpoint of the producer and consumer together i.e. from the viewpoint of supply and demand, thus depending on the supply and demand. Thus the marginal benefit controls the demand i.e. it is the minimum limit of the commodity’s benefit for fulfilling the need, such that the keenness for fulfilment after this marginal limit diminishes or becomes harmful. While the marginal costs of production control the supply i.e. they are the last amount of work spent in producing the commodity such that spending any more work in production becomes a loss. Thus the value fluctuates such that it maintains a balance between these two phenomena.

With regard to the value according to the Communists, Karl Marx mentioned that the only source of the value is the work spent in its production, and that the Capitalist financier buys the power of the employee for a wage which is not more than He needs to stay alive and able to work. Then He exploits this power to produce commodities whose values greatly exceed the wage which He pays to the employee. Marx called the difference between what the worker produces and what is really paid to Him ‘the surplus value’. He stated that this surplus value represents the amount which landlords and businessmen usurp of the worker’s rights under the name of the revenue, profit and the capital interest whose legality He of course, did not acknowledge.

The fact is that the value of any commodity is the amount of its benefit, taking into consideration the factor of its scarcity (shortage). Though work is a means to obtain this benefit, or a means to produce it, it is not considered at all when this commodity is exchanged with another, nor when using it. Therefore the true view for any commodity is the view of its benefit, taking into consideration the element of its shortage, whether this commodity was possessed by man initially like from hunting, or by exchange like trading. There is no difference regarding this matter in the society of Moscow, the society of Paris and the society of Madinah. This is because man everywhere, when He strives to obtain a commodity assesses the amount of benefit that exists in it, taking in to account its shortage in the market. This is the value of the commodity as men view it, which is its true value.

But the actual value of the commodity is estimated by the amount of its exchange with another thing, whether a commodity or money. This value, by this sense, remains constant despite the change of time, place and circumstances. With regard to the price of the commodity, it is the amount of money which is given in exchange of one unit of this commodity in a certain time, certain place and in certain circumstances. This amount changes as the time, place and circumstances change. In other words, the price is the ratio of exchange between the amount of money and the equivalent amount of commodities.

So if a person married a woman and made, as a part of her dowry, a certain described cupboard, and He mentioned its value as fifty dinars, and He eventually handed it to her, then the value of the cupboard had been designated through her receiving it as a commodity. If He later took it from her and she brought a lawsuit against Him over it, then He has to hand over to her the cupboard itself not its price. If the cupboard was proved to be damaged, or He alleged that it was damaged, then He should pay her fifty dinars, because this is the value of the cupboard whether the identical cupboard at that time of the court case was more or less than fifty dinars, because this is its actual estimated value. The price of an identical cupboard is not considered. This is different than the case if it were mentioned in the marriage contract that the price of the cupboard was fifty dinars and the husband eventually handed the cupboard to his wife. Then if He took it from her and she brought a lawsuit against Him over it, He would have the choice to hand the cupboard to her or to pay her its price (fifty dinars), or to buy her another cupboard with fifty dinars (whether the cupboard at the time of the court case was more or less than fifty dinars.) So He is obliged to hand to her a cupboard whose price is fifty dinars at all times.

This is because the value does not change but the price changes. So the actual value of the commodity is the amount of its exchange at the time of estimation, and the price of the commodity is the amount of money paid in the market as an exchange for it. This differentiation between the value and the price applies in trading and the different types of exchange. But the wage of an employee is the amount at which the benefit of his effort is estimated, at the time of contract. It is estimated again at the end of the hiring period. Thus it appears that there is no relationship between the wage of the worker and the value of the commodity or between the wage of the worker and the costs of production, nor between the wage of the worker and the standard of living. It is a different matter; it is the worth of the benefit which his employer obtains. The estimation of this benefit is not left to the employer but to his need for this benefit. So the unit of estimating of the worker’s wage is the described benefit. This wage differs according to the type of work, and varies with the degree of perfection in the same work. So the wage of an engineer differs from that of a carpenter, and the wage of a skilled carpenter differs from that of an ordinary carpenter. The wage of people who do the same work increases according to their perfection in their effort’s benefit. This is not considered a promotion to them, but rather it is their wage which they deserve as they improved the benefit of their effort.

Hiring is a contract over a benefit in return for a recompense. The first condition for the validity of the contract of hiring is the legal competence of the two contractors, such that each of them has reached the age of maturity. Another condition for its validity is the consent of the two contractors. Moreover the wage should be known, due to the saying of the Prophet (pbuh): “If anyone of you hires a worker, He has to inform Him of his wage”, narrated by Ad-Daraqutni from Ibn Mas’oud. Also due to the Hadith narrated by Ahmed from Aby Sa’id that the Prophet (pbuh) forbade hiring a worker without explaining to Him his wage. However, if the wage was not defined, the hiring would be contracted and valid (legal). In case of dispute over the wage, reference is made to the equivalent wage. So if the wage was not defined at the time of the contract and if the employer and the employee then dispute over the wage, then the equivalent wage is adopted. The equivalent wage is adopted by analogy with the disputed marriage money (Dowry), which is decided by referring it to the equivalent dowry if it was not mentioned before, or if a dispute over the named amount occurred. This is due to what Ahmed narrated that ‘Abdullah ibn Mas’oud (ra) judged in the case of a man who passed away before sleeping with a woman, whom He had married without naming the dowry. He said: “She deserves the dowry of her equivalent woman, and she has to do the Iddah (waiting period for the next marriage) and she deserves to inherit from him.” Ma’qal ibn Sinan Al-Ashja’i said: “The Prophet (pbuh) has judged to Barwa’a, daughter of Washiq one of our people, as you judged.” The meaning of saying that she deserved the dowry of her equivalent women means a dowry identical to the dowry of equivalent women. So Shar’a obliged giving the equivalent dowry to the one whose dowry was not named. The same judgement is given in the case where a dispute occurs over the named dowry. Since the dowry is a recompense in the marriage contract, then recompense of any contract can be measured with it. Thus it is judged by the equivalent recompense in case the recompense was not mentioned in a contract, or in the case of dispute over the named recompense. Therefore, it is judged by the equivalent wage in the hiring, and by the equivalent price in the trading (selling) in the case where the price was not named in the contract, or there was a dispute over the named price. Therefore the equivalent wage resolves the case in a dispute between the employee and the employer over the named wage, and in the case where the wage was not mentioned. So, if the wage was mentioned in the contract then the wage would be the named one. But if it was not mentioned or if a dispute occurred over the named wage, then the equivalent wage would be judged as the wage. Thus, the wage is of two different kinds: A named wage and the equivalent wage. The condition for considering the named wage is its acceptance by the two contractors. So if the two contractors accepted a certain wage, then this wage will be the named one, and the employer would not be obliged to pay more than it, nor would the employee be obliged to take less than it, rather it is the binding legal wage. The equivalent wage is the wage for equivalent work, or of the equivalent worker if the contract of the hiring had been concluded over the benefit of the work. The equivalent wage would be the wage of the equivalent worker only if the hiring contract was stated over the benefit of the hired person.

Those who are considered to estimate the wage are the experts in defining wages, not the State, nor the traditions of the population. Rather they are the experts on the wage for the relevant type of work, or the wage for the type of workers for whom the wage is intended to be estimated.

The basis upon which the experts estimate the wage is the benefit, whether it was for the work or the worker. Because the hiring contract is based on the benefit, it becomes the basis upon which the wage estimation is built. Thus the wage is not estimated by the production of the worker or by the lowest standard of living among his community. There is no consideration to the production of the worker nor to the high standard of living in its estimation, rather its estimation is related to the benefit. The experts estimate the wage of the worker according to the value of this benefit in the society in which they live. When the experts estimate the wage for the work and the wage of the worker, they consider the value of the benefit in the community, so they estimate it by the value of the benefit produced by the worker, or benefit of the work. If a dispute occurred over the estimation of the benefit in the community, then it should not be estimated by evidence and proof. Rather it is enough to take the opinion of the experts, because the question is to estimate the value of the benefit and not to establish an evidence about its amount.

Thus, the basis upon which the estimation of the wage is built is the benefit according to the estimation of the experts. But when the experts estimate the equivalent wage, they have to consider not only the wage of the work or the worker alone, because the wage varies with the work, worker, time and place. Rather they are obliged to look to the person who is identical to the worker doing the same work, which is to look to the work, the worker, and at the same time, they have to look at the time and place of work, because the wage differs with the work, worker, the time and the place.

The contracting parties, that is the employer and employee, originally select the experts who estimate the wage or the equivalent wage. If they did not select the experts or differed over their selection, then the court or the State is the competent authority to appoint these experts.

Monday, 02 January 2017 20:22

5.9 Who is the Employee

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The Islamic Shar’a defines the employee as every person who works for a wage, whether the employer is an individual, or a group, or a State. So the term employee applies to everyone who works in any type of work, with no difference in the divine rule between the employee of the State and the employee of others. So concerning the employee of the State, the employee of the group, and the employee of the individual, each of them is a worker, and the laws of labour apply on them. In other words each of them is an employee and the rules of hiring apply on them. So the farmer is an employee, the servant is an employee, the workers in factories are employees, the clerks of merchants are employees, the civil servants are employees, and every one of them is a worker. This is because the contract of hiring is over the benefits of the assets, the benefit of the work or the benefit of the person. If this were to be applied on the benefits of the assets then the subject of the employee is not included in it, as He has no relation with it. If it were to be applied on the benefit of the work such as hiring a craftsmen for certain works, or if it applies on the benefit of the person such as hiring servants and workers, then these relate to the employee, and this is what the subject of employment applies upon.

The definition of hiring as a contract stipulating the recompense for the fruits of labour, and stipulating that the benefit is something the employer can receive fully, leads us to understand that hiring is allowed for every benefit which the employer can receive from the employee fully. This could be the benefit of a person like a servant or the benefit of the work of a craftsman, unless a divine evidence has been mentioned that prohibits such benefit. This is because things are originally allowed and benefit is one of those things. It is untrue to say here that this is a contract or a transaction which should be originally restricted by Shar’a rather than allowed. This is untrue because the contract is the hiring itself, not the benefit. The benefit is the matter over which the transaction is concluded and over which the contract is applied, and thus the benefit is not a transaction or a contract. Therefore, hiring is allowed over all benefits when there is no prohibition mentioned regarding them, whether there is a text allowing them or not. So the person is allowed to hire a man or a woman to type for Him on a typewriter, certain pages for a certain wage because this is a hiring over a benefit for which no prohibition is mentioned. So hiring over it is allowed, even though there was no mention of a text to allow it. It is also allowed to hire a person who measures and weighs for a certain work in a certain time-period. Abu Dawud narrated in the hadith of Suwaid ibn Qais, who said: “The Prophet (pbuh) (pbuh) came to us (in the market) and He bartered with us and we sold to him. And there was a man who was weighing for a wage. The Prophet (pbuh) (pbuh) then said: ‘Measure and out-weigh (the scale of balance).’” So this hiring is allowed and there is a text that allows it. But as for the worships, whether they are Fard or Nafilah, they have to be examined. If their benefit does not extend to other than the person who performs them, such as performing the pilgrimage for himself, and paying his own Zakat, then He is not allowed to receive a wage for it because the wage is a recompense for a benefit and there is no benefit in these matters for other than himself. Accordingly, hiring Him on these matters is not allowed, because they are Fard upon him. But if the benefit of the worship goes beyond the one who performs it, then hiring over it is allowed. Examples include making Adhan for others and leading the others in prayer or hiring a person to perform Hajj on behalf of a dead person or a person to pay his Zakat on his behalf. All these things are allowed because it is a contract over a benefit for recompense. The wage in these matters is recompense for benefit, which was accomplished by another person, so the hiring was allowed. In regard of what At-Tirmidhi narrated from Uthman ibn Aby al A’as, He said: “The last thing the Prophet (pbuh) commanded me to do is to use a Muadhin (caller to prayer) who does not take a wage for performing his adhan.” In this Hadith the Prophet (pbuh) forbade using the Muadhin who takes a wage as a Muadhin for him, but He did not forbid the Muadhins from taking a wage. This indicates that there are Muadhins who take a wage and others who do not take a wage. So the Prophet (pbuh) (pbuh) forbade Him from taking a Muadhin from those who take a wage. This prohibition indicates alienation from taking a wage over Adhan, which implies the dislike of taking a wage over Adhan. However, this does not indicate the prohibition of taking a wage over Adhan; rather it indicates that it is allowed but with dislike.

With regards to education, a person is allowed to hire a teacher to teach his children or himself or to teach anyone He likes. This is because, teaching is an allowed (Mubah) benefit, for which it is allowed to take recompense for, so hiring for it is allowed. And Shar’a has allowed taking a wage for teaching the Qur’an, so taking a wage for teaching other than the Qur’an is allowed by greater reason. Bukhari narrated from ibn Abbas from the Prophet (pbuh) of Allah (swt) that He said: “The most worthy thing to take a wage for is the Book of Allah.”

Bukhari also narrated from Sahl ibn Sa’ad As-Sa’idi that the Prophet (pbuh) married off a woman to a man for what He knew of the Qur’an i.e. to teach her what He knew of the Qur’an. There was a consensus of the companions as well that it is allowed to take a provision from Bait ul- Mal for teaching; therefore it is allowed to take a wage for it.

It was narrated from Ibn Aby Sheeba from Sadaqa al-Dimashqi from Al-Wadhiya ibn’ Ata’a, that He said: “There were three teachers in Madinah who used to teach the youngsters, and ‘Umar ibn Al-Khattab used to provide every one of them with fifteen (Dinars) every month.” All of this indicates that taking a wage for teaching is allowed. With respect to the Ahadith which came in this regard to discourage taking a wage, they were focused on discouraging the taking of a wage for teaching the Qur’an, rather than denying the hire of people to teach it. They all indicate the dislike of taking a wage for teaching the Qur’an, rather than forbid the hiring to teach it. Dislike of taking the wage does not deny its permissibility, so it is disliked to take a wage for teaching Qur’an, yet it is allowed to hire people for doing so.

Concerning the hiring of the doctor, it is allowed because it involves a benefit which the employer can receive, but it is not allowed to hire Him for curing, because that would be hiring over an unknown matter. It is allowed to hire the doctor for examining a patient because this would be a known benefit, and it is allowed to hire the doctor for serving the patient during certain days, as this would be a defined work. It is also allowed to hire the doctor to treat the patient, because his treatment is known in a manner that removes ignorance, even if the type of disease is not known, since it is enough for it to be known that the patient is sick.

The permissibility of the hiring of a doctor is established because medicine is a benefit which the employer can receive, so hiring over it is allowed. Also, it was mentioned that the Prophet (pbuh) indicated the allowance of hiring for medicine. Bukhari narrated from Anas that He said: “The Prophet (pbuh) called Abu Taeeba to cup/bleed (Ihtajama) Him then He gave Him two Sa’a (cubic measures) of food and He recommended to his master to reduce work on him.” Cupping at that time, was a medication with which people were treated, so taking a wage for doing it indicated the allowance of hiring a doctor. In regard of the saying of the Prophet (pbuh) which Tirmidhi narrated from Rafi’a ibn Khadeej that “the earning of the cupper is filthy (Khabeeth),” this does not indicate the forbiddance of hiring a cupper. Rather it indicates the dislike of earning by cupping, though it is Mubah (allowed) by the evidence that in the Hadith narrated by Muslim from M’adan ibn Aby Talha, the Prophet (pbuh) described garlic and onion as evil, though they are allowed. All this is in regard of the worker whose service is private.

But regarding the worker whose benefit is common, his services are considered to be of the interests which the State has to supply for the people. This is because every service whose benefit goes beyond the individuals to the community, and the community was in need of it, then this service would be of the public interests which the Bait ul-Mal has to make available for all of the people. An example of that is when the ruler hires a person to judge among the people on a monthly basis, or such as the hiring of employees for departments and services, and the hiring of Muadhins and Imams. Amongst the services for which the State has to hire employees in order to provide for the people are education and medicine. In regard to education this is the case, due to the consensus (Ijma’a) of the companions on giving provision to the teachers by a particular amount as a wage for them from the Bait ul-Mal. Also because the Prophet (pbuh) assigned the ransom of the captives (of Mushriks) as being to teach ten Muslim children, while this ransom was of the booties which are property belonging to all the Muslims. In regard to medicine, this is because the Prophet (pbuh) was given a doctor as a gift to him, whom He assigned to the Muslims. The fact that the Messenger received the gift and did not dispose of it, nor take it, but rather assigned it for the Muslims, is an evidence that this gift belongs to the Muslim public, and not to him. Since the Prophet (pbuh) had received a gift and He put it for all the Muslims, this indicates it is one of the things which belongs to the Muslim public. Therefore, giving provisions to the doctors and teachers is from the Bait ul-Mal. Nonetheless, the individual himself is allowed to hire a doctor and hire a teacher. But the State is obliged to make medicine and education available for all citizens, with no difference between the Muslim and the Dhimmi or between the rich and the poor. This is because these are like the Adhan and the judiciary, which are of the matters whose benefit extends beyond the one himself, and the people need them; so they are of the public services which have to be made available for all citizens, and the Bait ul-Mal has to secure them.

Monday, 02 January 2017 20:21

5.7 The Ruling of Hiring Non-Muslims

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With regard to the employer and the employee, it is not a condition for either of them to be a Muslim. So a Muslim is absolutely allowed to hire a non-Muslim, by the evidence of the action of the Prophet (pbuh) (pbuh) and the consensus of the Sahabah at the hire of non-Muslims in any allowed (Mubah) action, including the works of the State. The Prophet (pbuh) (pbuh) hired a Jew as a clerk, and another Jew as an interpreter, and He hired a polytheist (Mushrik) as a guide. Abu Bakr and ‘Umar hired Christians as accountants for the funds. As it is allowed for the Muslim to hire a non-Muslim, the Muslim too is allowed to be hired by a non-Muslim to perform a permissible action. But prohibited work must not be performed whether the employer is a Muslim or a non-Muslim. So the Muslim is allowed to be hired by a Christian to work for him. This must not include work where a Muslim is being subjugated to the Kafir in order for Him to be humiliated. Rather it is the hiring of himself to another person, on a matter that is allowed, without belief in Islam being a condition for the employer or the employee. Ali (ra) hired himself to a Jew for drawing water for Him at a wage of one date for every bucket of water, and He informed the Prophet (pbuh) (pbuh) about it, and He did not prohibit it. Also because hiring is a contract of exchange that does not include the humiliation of the Muslim. However, for work which is meant to bring us nearer to Allah the Supreme, it is a condition that the person hired be a Muslim. Examples include leading the prayer, performing the Adhan, pilgrimage, distributing Zakat and teaching Qur’an and the Hadith. Because these are not legally valid except from a Muslim, so no one is hired to perform them except a Muslim. The reason (Illah) in these actions is that they are not valid except from a Muslim. But if the works which are meant to bring us nearer to Allah (swt) are valid to be performed by a non-Muslim, then it is valid to hire Him for doing them. In summary: if the works are considered by the employer as a sort of seeking the nearness to Allah, but are not considered as such by the employee then they have to be examined. If they are not valid except from the Muslim such as judicial acts (Qadha’a), then the non-Muslim is not allowed to be hired for performing them. But if it was valid for the non-Muslim such as fighting, then He is allowed to be hired for doing that. So the Dhimmi (non-Muslim) is allowed to be hired for fighting and his wage is paid from the Bait ul- Mal.

In order that hiring be legally valid, the benefit must be permitted (Halal) in nature. So the employee should not be hired for doing something which is prohibited. Accordingly a worker should not be hired to carry alcohol to one who buys it, or to press it. Nor should He be hired to carry pigs or carrion. At-Tirmidhi narrated from Anas ibn Malik, who said: “The Messenger of Allah (pbuh) cursed ten types of people regarding alcohol: its presser, the one who asks for it to be pressed, its drinker, its carrier, the one to whom it is carried, the one who serves it, its seller, the one for whom it is sold, its purchaser and the one for whom it is purchased.” Hiring is also not allowed over any work of usury, because it is a hiring over a prohibited benefit, and because ibn Majah narrated from ibn Mas’oud that the Prophet (pbuh) (pbuh) cursed the one who takes usury, his agent, its two witnesses and its recorder (clerk). The employees of banks and coinage (minting) departments and all the organisations that deal with usury have to be examined. If the work they were hired to do is a part of the usury work, whether the usury is the product of that work exclusively, or whether it is produced by that work along with others, Muslims are prohibited to perform such works. This includes the manager, accountants and auditors and every work that provides a benefit connected with usury, directly or indirectly. But the works that are not connected with usury directly or indirectly, such as the porter, the guard, the cleaner and the like, these works are allowed, because such work is hiring on an allowed benefit, and because what applies on the recorder and the witnesses of usury, does not apply to them. Similar to the employees of banks are government employees who are involved in deals with usury, such as employees who work in preparing loans with interest to farmers, and Treasury employees who are involved in usury works, and the employees of the orphans departments which lend property with interest. All these are prohibited jobs; anyone who is involved with them is committing a great sin, because it applies to Him since He is the recorder or the one who witnesses usury. Similarly it is prohibited upon a Muslim to engage in any work prohibited by Allah (swt).

With regard to the work, whose profit or association in it, is prohibited because it is legally invalid such as insurance companies, share holding companies and co-operative associations and the like, they have to be examined. If the work that the employee performs is illegal, or it is of an invalid (Batil) or defective (Fasid) contract, or results from them, a Muslim is not allowed to handle it, because a Muslim is not allowed to deal with invalid or defective contracts or with the actions which result from them. He is not allowed to deal with any contract or action which disagrees with the Hukm Shar’i (divine rule), so it is prohibited for Him to be hired for involving in them. This is like the employee who records insurance contracts though He dislikes them, the one who negotiates the insurance terms, or the one who accepts the insurance. Similarly is the case of the employee who distributes the profit of the co-operative associations according to the member holdings, the employee who sells company shares or who works in share stock accounting, and also the employee who advertises for the co-operative associations and the like. All employees of companies, whose work is legally allowed to be performed, are allowed to be employed in such positions.

If a person is not legally allowed to perform a work for himself then He is not allowed to be an employee to do it, and He is not allowed to be hired to do it. So actions which are prohibited to be conducted, the Muslim is prohibited from hiring others to it or to be hired, himself, to do them.

Monday, 02 January 2017 20:21

5.5 The Effort Spent in the Work

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The contract to hire an employee applies on the benefit of the effort He expends; and the wage is evaluated in terms of this benefit. The effort itself is neither the measure of the wage, nor the measure of the benefit, otherwise the wage of the stonemason would be greater than the wage of the engineer because the stonemason’s effort is greater; and this is contrary to the reality. Therefore, the wage is a recompense for the benefit and not for the effort. Besides that, the wage differs and changes according to the type of employee, and it also changes for the same employee according to the difference in the standard of the benefit, but not according to differences in effort. The contract in both cases was over the benefit of the employer, not over the employee’s effort. So what does matter is the result, whether it was of different employees in different works, or of different employees in the same work; and there is no consideration given to the effort at all. It is true that the result of the work is the fruit of the effort, whether it was in different works, or in the same work done by different people, but what is intended is the result, not only the effort, even though this is noticed in the evaluation of the wage. So if a person was hired for building, then the wage should be evaluated by the time or by the work. If it was evaluated by the work, then the benefit will obviously be manifested in the location of the building, its length, width, thickness and the material of the building etc. If the work was evaluated by time, then the benefit of the work usually increases as the time increases, and decreases as the time decreases. Thus the description of the work together with the mentioning of the time is the measure of the benefit. If it is evaluated by time, the person should not work more than his usual capacity, and should not be obliged to do unusually hard labour.

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