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Business ethics of Islam Part 2

Ubqari Magazine - March 2015

Cure for red eye: take the peel of a soft apple, mash it and place it on the eye after wrapping it in a clean cloth. (gauri brothers, Lahore)

The business ethics of Islam (part 2)  by doctor Bashir Ahmed Rhind

Islamic law considers the sale and purchase of all such items acquired through stealing to be illegal. Hazrat Muhammad ﷺ declared those involved in the sale and purchase of stolen items to be partners in crime with the thief.

Bi al farar: Arabic word for uncertain or dangerous business. Bi al farar refers to that business in which the items nor the price is settled or there is doubt in either of them for instance if a person buys something in cash than the price is 100 rupees while if he gets that item on loan than the price is 200. And the buyer takes that commodity but it is not decided whether it is to be on cash or loan then this comes under the category of ‘Bi’ within a ‘Bi’. It is similar to the selling of something over which the seller has no control for example trying to sell a bird that is in the air or selling a fish in water unless you are making a deal to sell the whole pond in which the fish are present. Or there is such a clause within the deal that is not important or not part of the context of the deal. For example the seller says that I will sell you this item but you are not to sell this to someone else or trying to sell such a fruit that is not presently ripe or edible unless you are selling the whole garden. Or for instance you are trying to sell such a harvest that has not yet ripened, unless you are again selling the whole crop. Trying to sell the off spring of an animal that has not yet born is also under this category. All these instances of sale and purchase are sensitive matters where the agreement of both the parties over something can still lead to misunderstandings which defeat the purpose of these business deals. Hence Islam prohibits that sort of a business that leads to disagreement or confrontation. In this regard, the principles laid down by Hazrat Muhammad ﷺ prohibit the business in which doubt or deception is involved or which is done on the basis of throwing a stone (jama-e-tirmizi 1230). Hazrat Muhammad ﷺ also forbade business deal within a business deal (jama-e-tirmizi 1231). Hazrat Muhammad ﷺ said that that which is not in your control is not to be sold (jama-e-tirmizi 1232). Hazrat Muhammad ﷺ forbade the sale of grapes before its ripening or sale of harvest before ripening (jama-e-tirmizi 1228). Hazrat Muhammad ﷺ said that don’t sell a fruit that has yet attained its correct form or has not yet surpassed the danger of any disease (sahih muslim 3865). Hazrat Muhammad ﷺ also prohibited the sale of such an offspring that is within the belly of the mother or has not yet born (sahih muslim 3809, ibn majah 2197).

Business that involves deceit or deception or betrayal:

Islam considers all those business deals (bi al farar) that have deceit or deception or betrayal to be illegal. For example selling an item while hiding its fault or trying to sell something else while making a deal about something else. Such a matter is called as GASH in Arabic. Similarly, injustice in taking measurements related to quantity is called as tathfeef in Arabic. Or while two persons are making a deal a third person offers a price that is higher than that being discussed solely with the intention of increasing the price so that the other person buys the commodity at a higher price. This is known as najjash is Arabic. Islam prohibits business of such a sort. Hazrat Muhammad ﷺ says that he who uses deception in the matter of a business deal( bi al farar) is not from amongst us( sanan abi dawud 3556) . Allah Almighty says that:

And establish weight in justice and do not make deficient the balance. (Al Rahman -9).

Translation of (mutfafin verse 1-3)

 Woe to those who give less [than due],

Who, when they take a measure from people, take in full?

But if they give by measure or by weight to them, they cause loss.

Hazrat Muhammad ﷺ prohibited najash( deceiving the buyer to raise the price) (sahih Bukhari 2142). Similarly when a business deal has been made, it is not legal for a third party to offer a higher price to the seller because this would tempt the seller to break the original deal and take the new one. This can lead to a fight or disagreement. Hazrat Muhammad ﷺ, hence, said that a person should not make a deal on his brother’s deal and should not offer a higher price than his brother’s settled price in the deal( sahih Bukhari 2140, tirmizi 1292, ibn majah 2172). Hazrat Muhammad ﷺ barred people from such a business and advised the Muslims to be truthful since a business based on deceit does not invite the blessings of Allah Almighty. Therefore Hazrat Muhammad ﷺ said the buyer and seller have the right to make a deal or not make a deal until they are separated. Then if the buyer and seller are truthful in these deals and clearly mention the faults in the commodities being discussed then there will be blessings for them in such a situation. Otherwise if they use deceit or veil the fault in the item to be sold than the business deal would be devoid of any blessings (Sahih Bukhari 2082, Tirmizi 1246).

Making promises:

Traders have a habit of making promises involving God but Islam prohibits the involvement of any sort of promises that are either based on the truth or a lie. A lie is a big offense according to Islamic law but a promise that is based on the truth is also looked down upon. A true promise that involves Allah is also not appreciated because it does not do justice to the glory of Allah. Islam wants that muslims should make deals that are entirely based on the truth and their character should be such that their word should be their guarantee hence Hazrat Muhammad ﷺ said that it is possible that a seller would be able to sell the items by making promises but this sort of a sale would not involve the blessings of Allah. (Sahih Bukhari 2087).

Sale of Commodities obtained through theft:

Allah Almighty has declared theft as haram and a crime worthy of punishment. Also if substantial evidence declares someone as a thief then Islam brings appoints the punishment of cutting the hands at the wrist bone of the thief. But if the thief is able to steer clear of this punishment then Islam declares the items stolen to be haram for sale. It is not permissible for someone to sell or purchase something that has been stolen. Hazrat Muhammad ﷺ declared a person to be a partner in crime with the thief if he buys or sells something that is stolen. (ali all muttaqi, kanzul amaal, hadith encyclopaedia, version 1,2, harf information technology hadith 9258).

Hoarding of items:

The Arabic word for hoarding of commodities is ‘ehktakar’ which means that a person starts storing items that are frequently used with such an intention that when these items are sold out from the market then he will sell it at higher price. Sometimes it also happens that a trader could make a deal with the seller that the things being bought are only to be sold to him so that nobody else has that sort of products for sale. In this case that trader has the opportunity to raise the price while selling to those who need the items. Since this act is severely unjust for the people hence Islam strongly opposes it. Hence Hazrat Muhammad ﷺ said: “No one hoards but a sinner” (sunan ibn majah 2154).

Hazrat Muhammad ﷺ also said that he who comes to the market and sells items that are frequently used is given rizk and he who hoards items is cursed by Allah.

Exploiting people by keeping them unaware of market price:

For instance not telling the farmers or those who bring forth the produce from their lands about the current market price and instead taking this produce at an inexpensive price as compared to the market price is also a form of the afore mentioned phenomenon which can later lead to discontent when people come to know that they have been exploited. This could also happen if it is a season of drought in some area and people require edible commodities and some traders with money travel to a different area and obtain the edible commodities at lower price with the aim of selling it at a higher price in their own regions.( sew barwey ,islam ka ehtasaadi nizam, suwad 250). Or if someone tells a farmer that I can store your produce and when the demand has risen in the market and the price rises then I will sell it, then this also comes under hoarding. This was something that had been the trend within the Arab communities and since this a huge injustice to those who are unaware of market conditions and also to those who are residents of the market, since an inexpensive thing is sold at a much higher price hence Islam strongly opposes business of this sort. Hazrat Muhammad ﷺ said that after leaving the city do not meet those who bring the produce and neither should someone from the city sell something from the villager’s produce.

The fixing of price for commodities:

When traders trade while keeping in mind the guidelines of Islamic business then Islam gives the traders freedom in their decisions and does not believe in allocating some profit for a fixed price. This is because the rise and fall in prices are determined by many factors and within this price setting traders’ sole hunger for profit is not the only factor but rather sometimes a fixed price does not help any trader individually or collectively. It is said that in the time of Hazrat Muhammad ﷺ the prices rose so people requested for the prices to be fixed to which Hazrat Muhammad ﷺ said that without doubt Allah Almighty is the One who determines the prices and only He is the one who tightens or expands your resources and only He is the one who gives bigger Rizk and I am hopeful that when I meet Allah then none from amongst you raise the claim of injustice against me about blood or financial resources. (jama-e-tirmizi 1314). However if the traders are exploiting the masses then the state has the power to control and fix the prices of items so that exploitation can be prevented.

Good attitude with the employees:

Islam wants good relations between an employer and an employee. This relation should be based on mutual trust respect and kindness so that both employer and employee participate in the wellbeing of the state. Respect, consideration and paying on the right time are some of the things that should be ket in mind while considering the relation of the employer and employee. And the employee should also be dutiful and responsible in carrying out the tasks assigned to him. These principles are laid down by Hazrat Muhammad ﷺ by saying that those who work under you are your brothers and the leadership of these people is given to you by Allah so you should give them that which you eat and that which you wear and don’t burden them with something that they cannot do. Else if you give them something that is a burden, then help them or give them more pay. About one hadith e qudsi Hazrat Muhammad ﷺ said that Allah Almighty has said that on the day of judgement I myself would oppose three categories of people, one of which would be those people who employ someone but don’t give them their due pay after the completion of the work (sahih Bukhari 2270). Hazrat Muhammad ﷺ also said that give an employed person his pay before his sweat dries out (sunan ibn majah 2443).

Results:

In today’s modern world the ethics for business and trade are under discussion between trade unions and employers. And every organization has some sort of business ethics or principles.

In the western secular world the business ethics present are devoid of any spirituality and are merely related to the situation at hand. That is why these principles don’t have that power that is present in the Islamic business and trade regulations. And this is because the Islamic trade rules are not just related to the materialistic world but instead cater to humanity as well and the principal driving force behind them is spirituality which helps people follow good ethics and norms. In a nutshell, a Muslim has to have a good attitude with everyone.

Islam’s guidelines about attitude with others are an important part of the Islamic faith. And these guidelines not only help in the effective running of the state but also help a Muslim prosper in the world hereafter. Also they highlight the notion that a person will have to accountable for all his actions and this very realization can help both the seller and the buyer to observe the required guidelines that cater to both the parties.

Within this article of ours the Islamic guidelines mentioned reflect that trade is a significant part of the economy that assists in the proper working of the state.

Our religion highlights this fact that trade or business should never be at the expense of others and should instead be devoid of deceit or deception.

Also Islam wants that the transition of profit should be mutually beneficial.

Also any such business that does not involve any hard work from a person’s end meaning merely a business based on luck or deception is considered haram for example gambling, loans on interest or any other trade based on luck or fortune.

Also Islam promotes benefits for the individual but when there is a clash between individual and collective benefits then Islam favours collective benefits.

Along with this Islam wants a Muslim to be a person who is upright and responsible in his duties and whose word is his guarantee.

We believe that all the above mentioned guidelines are just the tip of the iceberg for Islamic trade regulations and that more research is needed in this area, although the major aspects are mentioned with examples.

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