Syariah
What is Muamalat in Islam?
Muamalat is one of the important aspects in our life. What do you understand from the word Muamalat?. Let us give you a simple example. During lunch hour, we will go to the restaurant to take our lunch. Therefore, muamalat had already taken place when you paid for your lunch. Basically, we may define it as a kind of transaction which involves buying and sell ,renting and borrowing.
Muamalat can be defined as rules and regulations which govern the relationship between human beings in order to fulfil their needs based on Islamic principles. It also known as human to human activities. This area of discussion will involve economic, political and social activities in the eyes of Islam. Allah S.W.T said in Surah Al-Mulk verse 15:
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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.
Muamalat can be divided into three aspects namely: Political aspect, economic aspect and social aspect. Most of the time, muamalat only focuses in economic aspect.
Political aspect
1- Allah has an absolute power.
Human being is the most beautiful creature of Allah. Allah creates us to be khalifah in this world. Each of us has his own role and responsibility towards others. The Prophet s.a.w is the best role model in practising principle of muamalat in his everyday life. For instance, as a leader , he always be responsible and honest in his actions. This is important elements in order to maintain peaceful in political aspect. In political aspect, we must accept the reality that Allah is our God. He creates this world for us. Even if there is a powerful leader, Allah is still the God of this universe. The power given to us in order to govern this world is an amanah from Allah. Each rule implemented by human being must be according to Islamic law. There is some case where the power given to a leader is discretionary upon him, but he himself must observe with Allah rules. For example in takzir, the leader can determine the most appropriate punishment for its wrongdoer based on Islamic principle of muamalat. The leader is not vested with an absolute power.
2- Syura
Syura concept is one of the most important elements in Islamic government. Basically, it concerns about discussion method in governing the country. The Prophet s.a.w himself also discussed with his companions regarding any matters of the country. This principle is vital as it will uphold justice. Before taking any decisions, the government must take into consideration interests of all citizens. However, the way on how syura will be conducted would be different based on the society. This kind of political system is to prevent any misuse of power.
3- Justice
In Islamic political system, it emphasizes the concept of justice. In Arabic term,it is known as Al-adl. The constitution of Madinah itself emphasizes on justice. This clearly shows that the Prophet s.a.w himself upheld justice among human being. The concept of justice can maintain peaceful and harmony in the society.
Economic Aspect
1- Everything belongs to Allah
Everything in this universe belongs to Allah. As a human being, we must use each of property vested on us based on amanah properly. We must observe the Islamic law in managing it. For example, muslim are obliged to pay zakat in certain condition. The money of zakat will be distributed to the needy muslim. That clearly shows Islam maintains justice in its economic aspect.
2- Justice
Islam is a beautiful religion. It does not discriminate any classes of people. Equality does not mean each of muslim owns same amount of property. It is impossible due to the facts that each of us has his own ability , creativity and responsibility. However, Islam maintains the principles of justice. For instance, the payment of zakat and prohibition of riba. These two instruments will make sure that there is no discrimination towards needy people. Principle of justice will ensure continuance of our life. Islam refuses to acknowledge kapitilsme system of economic which only emphasizes on profits.
3- Moderation
Islam prohibits us to spend our property improperly. Islam prohibits us to spend more money without any necessary. Expenditure must be made wisely for the benefit of ummah. As a muslim, we cannot think about ourselves only. Anything given by Allah must be maintained wisely. Allah said in Surah Al-Isra’, verse 29:
And let not your hand be tied (like a miser) to your neck, nor stretch it forth to its utmost reach (like a spendthrift), so that you become blameworthy and in severe poverty
Social Aspect
1- Justice
Islam concerns about ummah. Therefore it emphasizes on justice among them. Each of us is entitled for the same rights. For instances, right to education, the right to
obtain security guarantees, the right to health care, religious practice and etc. Islam recognizes the multi-religious and multiracial society. However this situation does not prevent Islam to uphold justice. So, how Islam maintains justice? The fact is that Allah created us differently in order for us to get to know between each other and start to realize Allah’s power. Allah has His own reason in creating us differently.
obtain security guarantees, the right to health care, religious practice and etc. Islam recognizes the multi-religious and multiracial society. However this situation does not prevent Islam to uphold justice. So, how Islam maintains justice? The fact is that Allah created us differently in order for us to get to know between each other and start to realize Allah’s power. Allah has His own reason in creating us differently.
2-Freedom
Islam recognizes freedom in the society. For example, in religion, Islam does not enforce everyone to be a muslim. Even it is true that only Islam as the religion which is accepted by Allah, Islam does not force non-muslim to believe in Islam. Besides that, Islam give freedom to every human being in carrying his daily activities as long as it does not cause disruption in the society and does not lead negative impacts in the society.
Syakhsiah
Basically, it can be defined as a matter relating to family such as succession,marriage and maintenance.
Marriage in Islam
Islam emphasizes about an important of having happy family. Family is the unit which will determine the condition of the society. In order to build a happy family, marriage must come first. Marriage in Islam is not a temporary union and is meant for the entire span of life.
No specific ceremony is prescribed for marriage. In principle it has been stressed that marriage should take place publicly. Other members of society should know of this development, preferably in a way that has been adopted by the society as its usage ('urf) Normally the Nikah (contract of marriage) takes place in a social gathering where members of both the families and other friends and relatives gather. Nikah can be performed by any person.
Usually in Muslim society there are persons known as Qadi who discharge this responsibility. In the Nikah-sermon they recite from the Quran and the Sunnah and invite the spouses to a life of God-consciousness, purity, mutual love and loyalty and social responsibility. Then the marriage is contracted wherein ijab (proposal) and QubuI (acceptance) are made before the witnesses.
The Position of Man and Woman
According to Islam, both man and woman have rights when they enter into a marriage contract and the husband is supposed to head the family-unit .In a family, a man is in the position of the head and the over-all supervisor. In fact it is the eldest member of the extended family who occupies the position of the head. A man's major responsibilities lie outside the family. He is to support the family economically and materially, he has to look after the relations of the family with the rest of the society, economy and policy and he has to take care of the demands of internal discipline within the family.
The Quran says.4:34
"Men are in charge of woman, because Allah has made the one of them to excel the other, and because they spend of their wealth (for supporting them and the family)
The status of woman in Islam
1. The Spiritual Aspect
The Quran provides clear-cut evidence that woman in completely equated with man in the sight of God in terms of her rights and responsibilities. The Quran states:
“Every soul will be (held) in pledge for its deeds” (Quran 74:38).
In terms of religious obligations, such as the Daily Prayers, Fasting, Poor-due, and Pilgrimage, woman is no different from man. In some cases indeed, woman has certain advantages over man. For example, the woman is exempted from the daily prayers and from fasting during her menstrual periods and forty days after childbirth.
2. The Social Aspect
a) As a child and an adolescent
Despite the social acceptance of female infanticide among some Arabian tribes, the Quran forbade this custom, and considered it a crime like any other murder.
“And when the female (infant) buried alive – is questioned, for what crime she was killed.” (Quran 81:8-9).
b) As a wife:
The Quran clearly indicates that marriage is sharing between the two halves of the society, and that its objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases are love and mercy.
A woman's major responsibilities lie within the family. Here too, the eldest woman is regarded as the centre of the family organisation but within each circle and fold the relative central position is enjoyed by that woman who constitutes its core. A spectrum of mutual rights and responsibilities has been evolved in such a way that balanced relationships are developed between all.
c) As a mother:
Islam considered kindness to parents next to the worship of God.
“And we have enjoined upon man (to be good) to his parents: His mother bears him in weakness upon weakness…” (Quran 31:14) (See also Quran 46:15, 29:8).
3. The Economic Aspect
Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this century), the right of independent ownership. According to Islamic Law, woman’s right to her money, real estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or married.
4. The Political Aspect
Any fair investigation of the teachings of Islam o~ into the history of the Islamic civilization will surely find a clear evidence of woman’s equality with man in what we call today “political rights”.
This includes the right of election as well as the nomination to political offices. It also includes woman’s right to participate in public affairs. Both in the Quran and in Islamic history we find examples of women who participated in serious discussions and argued even with the Prophet (P) himself, (see Quran 58: 14 and 60: 10-12).
The concept and purpose of worship in Islam is unparallel to any other religion in existence. It combines the mundane with the spiritual, the individual with the society, and the internal soul with the external body. Worship has a unique role in Islam, and through worship, a person is regarded as a true Muslim who accords his entire life to the Will of God. As Quran said:
“Indeed, my prayer, my sacrifice, my living, and my dying are for God, the Lord of the all that exists.” (Quran 6:162)
The importance of worship also may be seen in the fact that it has been prescribed by God in all religions prior to Islam. God said in the Quran:
“And assuredly We have sent among every people a messenger (with the command): worship God…” (Quran 16:36
“And I have neither created jinn nor humans, except for My worship.” (Quran 51:56)
Worship in Islam has so many facets that it is difficult to describe them all in words. The most general meaning of worship in Islam is inclusive of everything which is pleasing to God, whether they deal with issues of belief, or deeds of the body. It may include everything a person perceives, thinks, intends, feels, says and does. It also refers to everything that God requires, external, internal or interactive. This includes rituals as well as beliefs, work, social activities, and personal behaviour, as human being is a whole, such that every part affects every other.
Worship may be classified into two types:
1) Specific Beliefs, feelings and visible acts of devotion paid in homage to God which He has commanded.
2) All other acts of goodness generally encouraged in the life of a Muslim.
All practicing Muslims are obliged to follow the ‘Five Pillars.’ They are:
1. Muslim profession of faith
2. Ritual Prayer or salah.
3. Obligatory Charity or zakah.
4. Fasting or sawm.
The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society. This is a society that worships Allah and flourishes on the Earth. This is a civilization that allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every aspect of his being. This supreme objective is articulated by the Quran in many places.
Allah says:
“God wants to make things clear for you and to
guide you to the ways of those before you and to forgive you. God is the
All knowing, the Wise. God wants to forgive you and wants those who
follow their desires to turn wholeheartedly towards (what is right). God
wants to lighten your burdens, and He has created man weak.” (4:26-28)
He also says:
“God commands justice, righteousness, and
spending on ones relatives, and prohibits licentiousness, wrongdoing, and
injustice…” (Quran 16:90)
And He says:
...
…God wants ease for you, not hardship...”
(Quran 2:185)
Since the Islamic legal injunctions are aimed
at achieving human welfare, they can all be referred back to universal
principles which are necessary for human welfare to be secured. These
universal principles are:
1. The preservation of life.
2. The preservation of
religion.
3. The preservation of
reason.
4. The preservation of
lineage.
5. The preservation of
property
The Islamic penal system is aimed at preserving
these five universal necessities. Thus, in order to preserve them,
punishments in Islamic Law have been divided into three types:
1. Prescribed punishments ( Hudud)
2. Retribution (Qisas)
3. Discretionary punishments (Ta’zir)
1- Prescribed Punishments (HUDUD)
Crimes that fall under this category can be
defined as legally prohibited acts that God forcibly prevents by way of fixed,
predetermined punishments, the execution of which is considered the right of
God.
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Important Rules
Regarding Hudud:
1. These punishments can
neither be increased nor decreased.
2. These punishments cannot
be waived by the judge, the political authority, or the victim after their associated
crimes have been brought to the attention of the governing body. Before
these crimes are brought before the state, it may be possible for the victim to
pardon the criminal if the damage done was only personal.
3. These punishments are the
‘right of God’, meaning that the legal right involved is of a general nature
where the greater welfare of society is considered.
The following crimes fall under the
jurisdiction of the fixed punishments:
1. Theft (سرقة)
Theft is defined as covertly taking the wealth
of another party from its secure location with the intention of taking
possession of it. Allah has prescribed the punishment in the Quran:
“The
male thief, and the female thief, you shall cut their hands as a punishment for
their deeds, and to serve as a deterrent from God. God is Almighty, Wise"
2. Highway
Robbery (حرابة)
Highway robbery is defined as the activity of
an individual or a group of individuals who go out in strength into the public
thoroughfare with the intention of preventing passage or with the intention of
seizing the property of passers-by or otherwise inflicting upon them bodily
harm. Allah says:
“The just retribution for those who fight GOD and His messenger, and commit horrendous crimes, is to be killed, or crucified, or to have their hands and feet cut off on alternate sides, or to be banished from the land. This is to humiliate them in this life, then they suffer a far worse retribution in the Hereafter”
3. Fornication and Adultery(زنا)
This is defined as any case where a man has
coitus with a woman who is unlawful to him. Any relationship between a
man and a woman that is not inclusive of coitus does not fall under this
category and does not mandate the prescribed, fixed punishment. Allah commands:
“The woman and the man guilty of illegal sexual intercourse,
flog each of them with a hundred stripes. Let not pity withhold you in their
case, in a punishment prescribed by Allah, if you believe in Allah and the Last
Day. And let a party of the believers witness their punishment.”
4. False Accusation(قذف)
This is defined as accusing the chaste,
innocent person of fornication or adultery. It also includes denying the
lineage of a person from his father (which implies that his parents committed
fornication of adultery). False accusation includes any claim of
fornication or adultery that is not backed up by a proof acceptable to Islamic
Law. Allah says:
“And those who accuse chaste women, and produce
not four witnesses, flog them with eighty stripes, and reject their testimony
forever; they indeed are the Fasiqun (liars, rebellious, disobedient to
Allah).”
5. Drinking (شرب خمر)
One of the m ost important objectives of Islam
is the realization of human welfare and the avoidance of what is h
armful.
Because of this, it “permits good things and prohibits harmful things.”
Islam, thus, protects the lives of people as well as their rational faculties,
wealth, and reputations. The prohibition of wine and the punishment for
drinking it are among the laws that clearly show Islam’s concern for these
matters, because wine is destructive of all the universal needs, having the
potential to destroy life, wealth, intellect, reputation, and religion.God
says:
“O you
who believe! Verily wine, gambling, idols, and divination are but the
abominations of Satan’s handiwork, so abandon these things that perchance you
will be successful. Satan only wishes to cause enmity and hatred between
you through wine and gambling and to prevent you from the remembrance of God
and prayer. Will you not then desist?” (Quran 5:90-91)
6. Apostasy (ردة)
Apostasy is defined as a Muslim making a
statement or performing an action that takes him out of the fold of
Islam. The punishment prescribed for it in the Sunnah is execution, and
it came as a remedy for a problem that existed at the time of the Prophet, may
the mercy and blessings of God be upon him. This problem was that a group
of people would publicly enter into Islam together then leave Islam together in
order to cause doubt and uncertainty in the hearts of the believers. The
Quran relates this event to us:
“A group
from the People of the Scripture said: ‘Believe in what is revealed to those
who believe at the beginning of the day, then disbelieve at the end of the day,
so perhaps they might return from faith.” (Quran 3:72)
Thus, the prescribed punishment for apostasy
was instituted so that apostasy could not be used as a means of causing doubt
in Islam.At the same time, the apostate is given time to repent, so if he has a
misconception or is in doubt about something, then his cause of doubt can be
removed and the truth clarified to him. He is encouraged to repent for three
days.
2-
Retribution
(QISAS)
This is where the perpetrator of the
crime is punished with the same injury that he caused to the victim. If
the criminal killed the victim, then he is killed. If he cut off or
injured a limb of the victim, then his own limb will be cut off or injured if
it is possible without killing the criminal. Specialists are used to make
this determination.
© Important Rules
Regarding Retribution
1. Retribution is not lawful except where the killing or injury was done
deliberately. There is no retribution for accidentally killing or
injuring someone. God says:
“O you who believe, retribution is prescribed for you in the case of
murder...” (Quran 2:178)
And He says:
And we decreed
for them in it that: the life for the life, the eye for the eye, the nose for
the nose, the ear for the ear, the tooth for the tooth, and an equivalent
injury for any injury... (Quran 5:45)
2. In the crimes where the criminal directly transgresses against another,
Islam has given the wish of the victim or his family an important role in
deciding whether or not the punishment should be carried out. Islam
permits the victim to pardon the perpetrator, because the punishment in these
crimes is considered the right of the victim. Islam even encourages pardon,
promising a reward in the hereafter for the one who does. Allah says:
“If anyone waives the right to
retaliation out of charity, it shall bean expiation for him.” (Quran 5:45)
The pardon can either be to the payment of blood money, a fixed,
monetary compensation, or can be total, where no worldly compensation is
demanded.
3. The punishment must be carried out by the government. The family
of the victim cannot carry it out.
3- Discretionary Punishments (TA’ZIR)
These are punishments that are not fixed by Islamic Law, for crimes that
either infringe on the rights of God or the rights of an individual, but do not
have a fixed punishment or a set expiation.
Discretionary punishments are the broadest category of punishments,
because the crimes that have fixed punishments are few in number and all other
crimes fall under the scope of this last category.
They are the most flexible type of punishment, because they take into
consideration the needs of society and changing social conditions.
Consequently, they are flexible enough to realize the maximum general benefit
to society, effectively reform the criminal, and reduce the harm that he causes.
Islamic Law has defined different types of discretionary punishments
starting from exhortations and reprimands to flogging, to fines, and to
imprisonment. These discretionary measures are left to the decision of
the legal authorities(ulilamr) within the general framework of Islamic Law and
the universal purposes of Islam that balance between the right of society to be
protected from crime and the right of the individual to have his freedoms
protected.
