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A wealthy old Gentleman decides to go on a hunting safari in Africa, taking his faithful, elderly dog Jack Russell named Killer, along for the company.
One day the old Jack Russell starts chasing rabbits and before long, discovers that he's lost. Wandering about, he notices a leopard heading rapidly in his direction with the intention of having lunch.
The old Jack Russell thinks, "Oh, oh! I'm in deep doo-doo now!" Noticing some bones on the ground close by, he immediately settles down to chew on the bones with his back to the approaching cat. Just as the leopard is about to leap, the old Jack Russell exclaims loudly, "Boy, that was one delicious leopard! I wonder if there are any more around here?"
Hearing this, the young leopard halts his attack in mid-strike, a look of terror comes over him and he slinks away into the trees. "Whew!", says the leopard, "That was close! That old Jack Russell nearly had me!"
Meanwhile, a monkey who had been watching the whole scene from a nearby tree, figures he can put this knowledge to good use and trade it for protection from the leopard. So off he goes, but the old Jack Russell sees him heading after the leopard with great speed, and figures that something must be up.
The monkey soon catches up with the leopard, spills the beans and strikes a deal for himself with the leopard.
The young leopard is furious at being made a fool of and says, "Here, monkey, hop on my back and see what's going to happen to that conniving canine!
Now, the old Jack Russell sees the leopard coming with the monkey on his back and thinks, "What am I going to do now?", but instead of running, the dog sits down with his back to his attackers, pretending he hasn't seen them yet, and just when they get close enough to hear, the old Jack Russell says...
"Where's that damn monkey? I sent him off an hour ago to bring me another leopard!
Moral of this story...
Don't mess with the old... age and skill will always overcome youth and treachery! Brilliance only come with age and experience.
Saturday, May 31, 2008
Thursday, May 29, 2008
Divorce: Brilliant Advice
When divorce is inevitable, bear in mind this lesson. Others can also learn:
A learned man wanted to divorce his wife. People asked him the reason. He replied, "Why should I disclose my wife’s faults?"
After divorce, people asked why he had divorced. He replied, "Why should I disclose the faults of a strange woman?"
A learned man wanted to divorce his wife. People asked him the reason. He replied, "Why should I disclose my wife’s faults?"
After divorce, people asked why he had divorced. He replied, "Why should I disclose the faults of a strange woman?"
The Principle of Limited Liability in the Shari'ah: Mufti Muhammad Taqi Usmani
The Principle Of Limited Liability
1) Introduction
2) Waqf
3) Baitul-Mal
4) Joint Stock
5) Inheritance under debt
6) The Performance of the Islamic Banks - A realistic evaluation
Introduction
The concept of 'limited liability' has now become an inseparable ingredient of the large scale enterprises of trade and industry throughout the modern world, including the Muslim countries. The present chapter aims to explain this concept and evaluate it from the Shari‘ah point of view in order to know whether or not this principle is acceptable in a pure Islamic economy. The limited liability' in the modern economic and legal terminology is a condition under which a partner or a shareholder of a business secures himself from bearing a loss greater than the amount he has invested in a company or partner-ship with limited liability. If the business incurs a loss, the maximum a shareholder can suffer, is that he may lose his entire original investment. But the loss cannot extend to his personal assets, and if the assets of the company are not sufficient to discharge all its liabilities, the creditors cannot claim the remaining part of their receivables from the personal assets of the shareholders.
Although the concept of 'limited liability' was, in some countries applied to the partnership also, yet, it was most commonly applied to the companies and corporate bodies. Rather, it will be more true, perhaps, to say that the concept of 'limited liability' originally emerged with the emergence of the corporate bodies and joint stock companies. The basic purpose of the introduction of this principle was to attract the maximum number of investors to the large-scale joint ventures and to assure them that their personal fortunes will not be at stake if they wish to invest their savings in such a joint enterprise. In the practice of modern trade, the concept proved itself to be a vital force to mobilize large amounts of capital from a wide range of investors.
No doubt, the concept of 'limited liability' is beneficial to the shareholders of a company. But, at the same time, it may be injurious to its creditors. If the liabilities of a limited company exceed its assets, the company becomes insolvent and is consequently liquidated, the creditors may lose a considerable amount of their claims, because they can only receive the liquidated value of the assets of the company, and have no recourse to its shareholders for the rest of their claims. Even the directors of the company who may be responsible for such an unfortunate situation cannot be held responsible for satisfying the claims of the creditors. It is this aspect of the concept of 'limited liability' which requires consideration and research from the Shari‘ah viewpoint.
Although the concept of 'limited liability' in the context of the modern commercial practice is a new concept and finds no express mention as such in the original sources of Islamic Fiqh, yet the Shari‘ah viewpoint about it can be sought in the principles laid down by the Holy Qur’an, the Sunnah of the Holy Prophet ? and the Islamic jurisprudence. This exercise requires some sort of ijtihad carried out by the persons qualified for it. This ijtihad should preferably be undertaken by the Shari‘ah scholars at a collective level, yet, as a pre-requisite, there should be some individual efforts which may serve as a basis for the collective exercise.
As a humble student of Shari‘ah, this author have been considering the issue since long, and what is going to be presented in this article should not be treated as a final verdict on this subject, nor an absolute opinion on the point. It is the outcome of initial thinking on the subject, and the purpose of this article is to provide a foundation for further research.
The question of 'limited liability' it can be said, is closely related to the concept of juridical personality of the modern corporate bodies. According to this concept, a joint-stock company in itself enjoys the status of a separate entity as distinguished from the individual entities of its shareholders. The separate entity as a fictive person has legal personality and may thus sue and be sued, may make contracts, may hold property in its name, and has the legal status of a natural person in all its transactions entered into in the capacity of a juridical person.
The basic question, it is believed, is whether the concept of a 'juridical person' is acceptable in Shari‘ah or not. Once the concept of 'juridical person' is accepted and it is admitted that, despite its fictive nature, a juridical person can be treated as a natural person in respect of the legal consequences of the transactions made in its name, we will have to accept the concept of 'limited liability' which will follow as a logical result of the former concept. The reason is obvious. If a real person i.e. a human being dies insolvent, his creditors have no claim except to the extent of the assets he has left behind. If his liabilities exceed his assets, the creditors will certainly suffer, no remedy being left for them after the death of the indebted person.
Now, if we accept that a company, in its capacity of a juridical person, has the rights and obligations similar to those of a natural person, the same principle will apply to an insolvent company. A company, after becoming insolvent, is bound to be liquidated: and the liquidation of a company corresponds to the death of a person, because a company after its liquidation, cannot exist any more. If the creditors of a real person can suffer, when he dies insolvent, the creditors of a juridical person may suffer too, when its legal life comes to an end by its liquidation.
Therefore, the basic question is whether or not the concept of 'juridical person' is acceptable to Shari‘ah. Although the idea of a juridical person, as envisaged by the modern economic and legal systems has not been dealt with in the Islamic Fiqh, yet there are certain prcedents wherefrom the basic concept of a juridical person may be derived by inference.
Waqf
The first precedent is that of a Waqf. The Waqf is a legal and religious institution wherein a person dedicates some of his properties for a religious or a charitable purpose. The properties, after being declared as Waqf, no longer remain in the ownership of the donor. The beneficiaries of a Waqf can benefit from the corpus or the proceeds of the dedicated property, but they are not its owners. Its ownership vests in Allah Almighty alone.
It seems that the Muslim jurists have treated the Waqf as a separate legal entity and have ascribed to it some characteristics similar to those of a natural person. This will be clear from two rulings given by the fuqaha’ (Muslim jurists) in respect of Waqf.
Firstly, if a property is purchased with the income of a Waqf, the purchased property cannot become a part of the Waqf automatically. Rather, the jurists say, the property so purchased shall be treated as a property owned by the Waqf. It clearly means that a Waqf, like a natural person, can own a property .
Secondly, the jurists have clearly mentioned that the money given to a mosque as donation does not form part of the Waqf, but it passes to the ownership of the mosque.
Here again the mosque is accepted to be an owner of money. This principle has been expressly mentioned by some jurists of the Maliki school also. They have stated that a mosque is capable of being the owner of something. This capability of the mosque, according to them, is constructive, while the capability enjoyed by a human being is physical.
Another renowned Maliki jurist, namely, Ahmad Al-Dardir, validates a bequest made in favour of a mosque, and gives the reason that a mosque can own properties. Not only this, he extends the principle to an inn and a bridge also, provided that they are Waqf.
It is clear from these examples that the Muslim jurists have accepted that a Waqf can own properties. Obviously, a Waqf is not a human being, yet they have treated it as a human being in the matter of ownership. Once its ownership it established, it will logically follow that it can sell and purchase, may become a debtor and a creditor and can sue and be sued, and thus all the characteristics of a 'juridical person' can be attributed to it.
Baitul-Mal
Another example of 'juridical person' found in our classic literature of Fiqh is that of the Baitul-mal (the exchequer of an Islamic state). Being public property, all the citizens of an Islamic state have some beneficial right over the Baitul-mal, yet, nobody can claim to be its owner. Still, the Baitul-mal has some rights and obligations. Imam Al-Sarakhsi, the well-known Hanafi jurist, says in his work "Al-Mabsut":
"The Baitul-mal has some rights and obligations which may possibly be undetermined."
At another place the same author says: "If the head of an Islamic state needs money to give salaries to his army, but he finds no money in the Kharaj department of the Baitul-mal (wherefrom the salaries are generally given) he can give salaries from the sadaqah (Zakah) department, but the amount so taken from the sadaqah department shall be deemed to be a debt on the Kharaj department".
It follows from this that not only the Baitul-mal, but also the different departments therein can borrow and advance loans to each other. The liability of these loans does not lie on the head of state, but on the concerned department of Baitul-mal. It means that each department of Baitul-mal is a separate entity and in that capacity it can advance and borrow money, may be treated a debtor or a creditor, and thus can sue and be sued in the same manner as a juridical person does. It means that the Fuqaha of Islam have accepted the concept of juridical person in respect of Baitul-mal.
Joint Stock
Another example very much close to the concept of 'juridical person' in a joint stock company is found in the Fiqh of Imam Shafi‘i. According to a settled principle of Shafi‘i School, if more than one person run their business in partner-ship, where their assets are mixed with each other, the Zakah will be levied on each of them individually, but it will be payable on their joint-stock as a whole, so much so that even if one of them does not own the amount of the nisab, but the combined value of the total assets exceeds the prescribed limit of the nisab, zakah will be payable on the whole joint-stock including the share of the former, and thus the person whose share is less than the nisab shall also contribute to the levy in proportion to his ownership in the total assets, whereas he was not subject to the levy of zakah, had it been levied on each person in his individual capacity.
The same principle, which is called the principle of 'Khultah-al-Shuyu‘' is more forcefully applied to the levy of Zakah on the livestock. Consequently, a person sometimes has to pay more Zakah than he was liable to in his individual capacity, and sometimes he has to pay less than that.
That is why the Holy Prophet(S.A.W.S) has said:
'The separate assets should not be joined together nor the joint assets should be separated in order to reduce the amount of Zakah levied on them."
This principle of 'Khultah-al-Shuyu‘' which is also accepted to some extent by the Maliki and Hanbali schools with some variance in details, has a basic concept of a juridical person underlying it. It is not the individual, according to this principle, who is liable to Zakah. It is the 'joint-stock' which has been made subject to the levy. It means that the 'joint-stock' has been treated a separate entity, and the obligation of 'zakah has been diverted towards this entity which is very close to the concept of a 'juridical person', though it is not exactly the same.
Inheritance under debt
The fourth example is the property left by a deceased person whose liabilities exceed the value of all the property left by him. For the purpose of brevity we can refer to it as 'inheritance under debt'.
According to the jurists, this property is neither owned by the deceased, because he is no more alive, nor is it owned by his heirs, for the debts on the deceased have a preferential right over the property as compared to the rights of the heirs. It is not even owned by the creditors, because the settlement has not yet taken place. They have their claims over it, but it is not their property unless it is actually divided between them. Being property of nobody, it has its own existence and it can be termed a legal entity. The heirs of the deceased or his nominated executor will look after the property as managers, but they are not the owners. If the process of the settlement of debt requires some expenses, the same will be met by the property itself.
Looked at from this angle, this 'inheritance under debt' has its own entity which may sell and purchase, becomes debtor and creditor, and has the characteristics very much similar to those of a 'juridical person.' Not only this, the liability of this 'juridical person' is certainly limited to its existing assets. If the assets do not suffice to settle all the debts, there is no remedy left with its creditors to sue anybody, including the heirs of the deceased, for the rest of their claims.
These are some instances where the Muslim jurists have affirmed a legal entity, similar to that of a juridical person. These examples would show that the concept of 'juridical person' is not totally foreign to the Islamic jurisprudence, and if the juridical entity of a joint-stock company is accepted on the basis of these precedents, no serious objection is likely to be raised against it.
As mentioned earlier, the question of limited liability of a company is closely related to the concept of a 'juridical person'. If a 'juridical person' can be treated a natural person in its rights and obligations, then, every person is liable only to the limit of the assets he owns, and in case he dies insolvent no other person can bear the burden of his remaining liabilities, however closely related to him he may be. On this analogy the limited liability of a joint-stock company may be justified.
The Limited Liability of the master of a slave Here I would like to cite another example with advantage, which is the closest example to the limited liability of a joint-stock company. The example relates to a period of our past history when slavery was in vogue, and the slaves were treated as the property of their masters and were freely traded in. Although the institution of slavery with reference to our age is something past and closed, yet the legal principles laid down by our jurists while dealing with various questions pertaining to the trade of slaves are still beneficial to a student of Islamic jurisprudence, and we can avail of those principles while seeking solutions to our modern problems and in this respect, it is believed that this example is the most relevant to the question at issue. The slaves in those days were of two kinds. The first kind was of those who were not permitted by their masters to enter into any commercial transaction. A slave of this kind was called 'Qinn'. But there was another kind of slaves who were allowed by their masters to trade. A slave of this kind was called "Al-a'bdal mazuun". The initial capital for the purpose of trade was given to such a slave by his master, but he was free to enter into all the commercial transactions. The capital invested by him totally belonged to his master. The income would also vest in him, and whatever the slave earned would go to the master as his exclusive property. If in the course of trade, the slave incurred debts, the same would be set off by the cash and the stock present in the hands of the slave. But if the amount of such cash and stock would not be sufficient to set off the debts, the creditors had a right to sell the slave and settle their claims out of his price. However, if their claims would not be satisfied even after selling the slave, and the slave would die in that state of indebtedness, the creditors could not approach his master for the rest of their claims.
Here, the master was actually the owner of the whole business, the slave being merely an intermediary tool to carry out the business transactions. The slave owned nothing from the business. Still, the liability of the master was limited to the capital he invested including the value of the slave. After the death of the slave, the creditors could not have a claim over the personal assets of the master.
This is the nearest example found in the Islamic Fiqh which is very much similar to the limited liability of the share holders of a company, which can be justified on the same analogy. On the basis of these five precedents, it seems that the concepts of a juridical person and that of limited liability do not contravene any injunction of Islam. But at the same time, it should be emphasized, that the concept of 'limited liability' should not be allowed to work for cheating people and escaping the natural liabilities consequent to a profitable trade. So, the concept could be restricted, to the public companies only who issue their shares to the general public and the number of whose shareholders is so large that each one of them cannot be held responsible for the day-to-day affairs of the business and for the debts exceeding the assets.
As for the private companies or the partnerships, the concept of limited liability should not be applied to them, because, practically, each one of their shareholders and partners can easily acquire a knowledge of the day-to-day affairs of the business and should be held responsible for all its liabilities. There may be an exception for the sleeping partners or the shareholders of a private company who do not take part in the business practically and their liability may be limited as per agreement between the partners. If the sleeping partners have a limited liability under this agreement, it means, in terms of Islamic jurisprudence, that they have not allowed the working partners to incur debts exceeding the value of the assets of the business. In this case, if the debts of the business increase from the specified limit, it will be the sole responsibility of the working partners who have exceeded the limit.
The upshot of the foregoing discussion is that the concept of limited liability can be justified, from the Shari‘ah viewpoint, in the public joint-stock companies and those corporate bodies only who issue their shares to general public. The concept may also be applied to the sleeping partners of a firm and to the shareholders of a private company who take no active part in the business management. But the liability of the active partners in a partnership and active shareholders of a private company should always be unlimited.
At the end, we should again recall what has been pointed out at the outset. The issue of limited liability, being a modern issue which requires a collective effort to find out its solution in the light of Shari‘ah, the above discussion should not be deemed to be a final verdict on the subject. This is only the outcome of an initial thinking which always remains subject to further study and research.
The Performance of the Islamic Banks - A realistic evaluation
Islamic banking has become today an undeniable reality. The number of Islamic banks and the financial institutions is ever increasing. New Islamic Banks with huge amount of capital are being established. Conventional banks are opening Islamic windows or Islamic subsidiaries for the operations of Islamic banking. Even the non-Muslim financial institutions are entering the field and trying to compete each other to attract as many Muslim customers as they can. It seems that the size of Islamic banking will be at least multiplied during the next decade and the operation of Islamic banks are expected to cover a large area of financial transactions of the world. But before the Islamic financial institutions expand their business they should evaluate their performance during the last two decades because every new system has to learn from the experience of the past, to revise its activities and to analyze its deficiencies in a realistic manner. Unless we analyze our merits and demerits we cannot expect to advance towards our total success. It is in this perspective that we should seek to analyze the operation of Islamic banks and financial institutions in the light of Shariah and to highlight what they have achieved and what they have missed.
Once during a press conference in Malaysia, this author was asked the question about the contribution of the Islamic Banks in promoting the Islamic economy. My reply to the question was apparently contradictory, I said it he has contributed a lot and they have contributed nothing. In the present chapter an attempt has been made to elaborate upon this reply. When it was said that they have contributed a lot, what was meant is that it was a remarkable achievement of the Islamic banks that they have made a great break-through in the present banking system by establishing Islamic financial institutions meant to follow Shariah. It was a cherished dream of the Muslim Ummah to have an interest-free economy, but the concept of Islamic banking was merely a theory discussed in research papers, having no practical example. It was the Islamic banks and financial institutions which translated the theory into practice and presented a living and practical example for the theoretical concept in an environment where it was claimed that no financial institution can work without interest. It was indeed a courageous step on the part of the Islamic banks to come forward with a firm resolution that all their transactions will conform to Shariah and all their activities will be free from all transactions involving interest.
Another major contribution of the Islamic banks is that, being under supervision of their respective Shariah Boards they presented a wide spectrum of questions relating to modern business, to the Shariah scholars, thus providing them with an opportunity not only to understand the contemporary practice of business and trade but also to evaluate it in the light of Shariah and to find out other alternatives which may be acceptable according to the Islamic principles.
It must be understood that when we claim that Islam has a satisfactory solution for every problem emerging in any situation in all times to come, we do not mean that the Holy Quran or the Sunnah of the Holy Prophet (S.A.W.S) or the rulings of the Islamic scholars provide a specific answer to each and every minute detail of our socio-economic life. What we mean is that the Holy Quran and the Holy Sunnah of the Prophet have laid down broad principles in the light of which the scholars of every time have deduced specific answers to the new situation arising in their age. Therefore, in order to reach a definite answer about a new situation the scholars of Shariah have to play a very important role. They have to analyze every new question in the light of the principles laid down by the Holy Quran and Sunnah as well as in the light of the standards set by the earlier jurists, enumerated in the books of Islamic jurisprudence. This exercise is called Istinbat or Ijtihad. It is this exercise which has enriched the Islamic jurisprudence with a wealth of knowledge and wisdom for which no parallel is found in any other religion. In a society where the Shariah is implemented in its full sway the ongoing process of Istinbat keeps injecting new ideas, concepts and rulings into the heritage of Islamic jurisprudence which makes it easier to find out specific answer to almost every situation in the books of Islamic jurisprudence. But during the past few centuries the political decline of the Muslims stopped this process to a considerable extent. Most of the Islamic countries were captured by non-muslim rulers who by enforcing with power the secular system of government, deprived the socio-economic life from the guidance provided by the Shariah, and the Islamic teachings were restricted to a limited sphere of worship, religious education and in some countries to the matter of marriage, divorce and inheritance only. So far as the political and economic activities are concerned the governance of Shariah was totally rejected.
Since the evolution of any legal system depends on its practical application, the evolution of Islamic law with regard to business and trade was hindered by this situation. Almost all the transactions in the market being based on secular concepts were seldom brought to the Shariah scholars for their scrutiny in the light of Shariah. It is true that even in these days some practicing Muslims brought some practical questions before the Shariah scholars for which the scholars have been giving their rulings in the forms of Fatawas of which a substantial collection is still available. However, all these Fatawas related mostly to the individual problems of the relevant persons and addressed their individual needs.
It is a major contribution of the Islamic banks that, because of their entry into the field of large scale business, the wheel of evolution of Islamic legal system has re-started. Most of the Islamic banks are working under the supervision of their Shariah Boards. They bring their day to day problems before the Shariah scholars who examine them in the light of Islamic rules and principles and give specific rulings about them. This procedure not only makes Shariah scholars more familiar with the new market situation but also through their exercise of Istinbat contributes to the evolution of Islamic jurisprudence. Thus, if a practice is held to be un-islamic by the Shariah scholars a suitable alternative is also sought by the joint efforts of the Shariah scholars and the management of the Islamic banks. The resolutions of the Shariah Boards have by now produced dozens of volumes - a contribution which can never be under-rated.
Another major contribution of the Islamic banks is that they have now asserted themselves in the international market, and Islamic banking as distinguished from conventional banking is being gradually recognized throughout the world. This is how I explain my comment that they have contributed a lot. On the other hand there are a number of deficiencies in the working of the present Islamic banks which should be analyzed with all seriousness.
First of all, the concept of Islamic banking was based on an economic philosophy underlying the rules and principles of Shariah. In the context of interest-free banking this philosophy aimed at establishing distributive justice free from all sorts of exploitation. As I have explained in a number of articles, the instrument of interest has a constant tendency in favor of the rich and against the interests of the common people. The rich industrialists by borrowing huge amounts from the bank utilize the money of the depositors in their huge profitable projects. After they earn profits, they do not let the depositors share these profits except to the extent of a meager rate of interest and this is also taken by them by adding it to the cost of their products. Therefore, looked at from macro level, they pay nothing to the depositors. While in the extreme cases of losses which lead to their bankruptcy and the consequent bankruptcy of the bank itself, the whole loss is suffered by the depositors. This is how interest creates inequity and imbalance in the distribution of wealth.
Contrary to this is the case of Islamic financing. The ideal instrument of financing according to Shariah is Musharakah where the profits and losses both are shared by both the parties according to equitable proportion. Musharakah provides better opportunities for the depositors to share actual profits earned by the business which in normal cases may be much higher than the rate of interest. Since the profits cannot be determined unless the relevant commodities are completely sold, the profits paid to the depositors cannot be added to the cost of production, therefore, unlike the interest-based system the amount paid to the depositors cannot be claimed back through increase in the prices.
This philosophy cannot be translated into reality unless the use of the Musharakah is expanded by the Islamic banks. It is true that there are practical problems in using the Musharakah as a mode of financing especially in the present atmosphere where the Islamic banks are working in isolation and, mostly without the support of their respective governments. The fact, however, remains that the Islamic banks should have gressed towards Musharakah in gradual phases and should have increased the size of Musharakah financing. Unfortunately, the Islamic banks have overlooked this basic requirement of Islamic banking and there are no visible efforts to progress towards this transaction even in a gradual manner even on a selective basis. This situation has resulted in a number of adverse factors :
Firstly, the basic philosophy of Islamic banking seems to be totally neglected.
Secondly, by ignoring the instrument of Musharakah the Islamic banks are forced to use the instrument of Murabahah and Ijarah and these too, within the framework of the conventional benchmarks like Libber etc. where the net result is not materially different from the interest based transactions. I do not subscribe to the view of those people who do not find any difference between the transactions of conventional banks and Murabahah and Ijarah and who blame the instruments of Murabahah and Ijarah for prepetuating the same business with a different name, because if Murabahah and Ijarah are implemented with their necessary conditions, they have many points of difference which distinguish them from interest-based transactions. However, one cannot deny that these two transactions are not originally modes of financing in Shariah. The Shariah scholars have allowed their use for financing purposes only in those spheres where Musharakah cannot work and that too with certain conditions. This allowance should not be taken as a permanent rule for all sorts of transactions and the entire operations of Islamic Banks should not revolve around it.
Thirdly, when people realize that income from in the transactions undertaken by Islamic banks is dubious akin to the transactions of conventional banks, they become skeptical towards the functioning of Islamic banks.
Fourthly, if all the transactions of Islamic banks are based on the above devices it becomes very difficult to argue for the case of Islamic banking before the masses especially, before the non-muslims who feel that it is nothing but a matter of twisting of documents only.
It is observed in a number of Islamic banks that even Murabahah and Ijarah are not effected according to the procedure required by the Shariah. The basic concept of Murabahah was that the bank should purchase the commodity and then sell it to the customer on deferred payment basis at a margin of profit. From the Shariah point of view it is necessary that the commodity should come into the ownership and at least in the constructive possession of the bank before it is sold to the customer. The bank should bear the risk of the commodity during the period it is owned and possessed by the bank. It is observed that many Islamic banks and financial institutions commit a number of mistakes with regard to this transaction:
Some financial institutions have presumed that Murabahah is the substitute for interest, for all practical purposes. Therefore, they contract a Murabahah even when the client wants funds for his overhead expenses like paying salaries or bills for the goods and services already consumed. Obviously Murabahah cannot be effected in this case because no commodity is being purchased by the bank.
In some cases the client purchases the commodity on his own prior to any agreement with the Islamic Bank and a Murabahah is effected on a buy-back basis. This is again contrary to the Islamic principles because the buy-back arrangement is unanimously held as prohibited in Shariah.
In some cases the client himself is made an agent for the bank to purchase a commodity and to sell it to himself immediately after acquiring the commodity. This is not in accordance with the basic conditions of the permissibility of Murabahah. If the client himself is made an agent to purchase the commodity, his capacity as an agent must be distinguished from his capacity as a buyer which means that after purchasing commodity on behalf of the bank he must inform the bank that he has effected the purchase on its behalf and then the commodity should be sold to him by the bank through a proper offer and acceptance which may be effected through the exchange of telexes or faxes.
As explained earlier Murabahah is a kind of sale and it is an established principle of Shariah that the price must be determined at the time of sale. This price can neither be increased nor reduced unilaterally once it is fixed by the parties. It is observed that some financial institutions increase the price of Murabahah in the case of late payment which is not allowed in Shariah. Some financial institutions roll-over the Murabahah in the case of default by the client. Obviously, this practice is not warranted by Shariah because once the commodity is sold to the customer it cannot be the subject matter of another sale to the same customer.
In transactions of Ijarah also some requirements of Shariah are often overlooked. It is a prerequisite for a valid Ijarah that the lessor bears the risks related to the ownership of the leased asset and that the usufruct of the leased asset must be made available to the lessee for which he pays rent. It is observed in a number of Ijarah agreements that these rules are violated. Even in the case of destruction of the asset due to force majeure, the lessee is required to keep paying the rent which means that the lessor neither assumes the liability for his ownership nor offers any usufruct to the lessee. This type of Ijarah is against the basic principles of Shariah.
The Islamic banking is based on principles different from those followed in conventional banking system. It is therefore logical that the results of their operations are not necessarily the same in terms of profitability. An Islamic bank may earn more in some cases and may earn less in some others. If our target is always to match the conventional banks in terms of profits, we can hardly develop our own products based on pure Islamic principles. Unless the sponsors of the bank as well as its management and its clientele realize this fact and are ready to accept different - but not necessarily adverse - results, the Islamic banks will keep using artificial devices and a true Islamic system will not come into being.
According to the Islamic principles, business transactions can never be separated from the moral objectives of the society. Therefore, Islamic banks were supposed to adopt new financing policies and to explore new channels of investments which may encourage development and support the small scale traders to lift up their economic level. A very few Islamic banks and financial institutions have paid attention to this aspect. Unlike the conventional financial institutions who strive for nothing but making enormous profits, the Islamic banks should have taken the fulfillment of the needs of the society as one of their major objectives and should have given preference to the products which may help the common people to raise their standard of living. They should have invented new schemes for house-financing, vehicle-financing and rehabilitation-financing for the small traders. This area still awaits attention of the Islamic banks.
The case of Islamic banking cannot be advanced unless a strong system of inter-bank transactions based on Islamic principles is developed. The lack of such a system forces the Islamic banks to turn to the conventional banks for their short term needs of liquidity which the conventional banks do not provide without either an open or camouflaged interest. The creation of an inter-bank relationship based on Islamic principles should no longer be deemed difficult. The number of Islamic financial institutions today has reached around two hundred. They can create a fund with a mixture of Murabahah and Ijarah instruments the units of which can be used even for overnight transactions. If they develop such a fund it may solve a number of problems.
Lastly, the Islamic banks should develop their own culture. Obviously, Islam is not restricted to the banking transactions. It is a set of rules and principles governing the whole human life. Therefore, for being 'Islamic' it is not sufficient to design the transactions on Islamic principles. It is also necessary that the outlook of the institution and its staff reflects the Islamic identity quite distinguished from the conventional institution. This requires a major change in the general attitude of the institution and its management. Islamic obligations of worship as well as the ethical norms must be prominent in the whole atmosphere of an institution which claims to be Islamic. This is an area in which some Islamic institutions in the Middle East have made progress. However, it should be a distinguishing feature of all the Islamic banks and financial institutions throughout the world. The guidance of Shariah Boards should be sought in this area also.
The purpose of this discussion, as clarified at the outset, is by no means to discourage the Islamic Banks or to find faults with them. The only purpose is to persuade them to evaluate their own performance from the Shariah point of view and to adopt a realistic approach while designing their procedure and determining their policies.
To Practice Upon Knowledge: Mufti Muhammad Taqi Usmani
---
Take Yourself to Account
My father respected Maulana Mufti Muhammad Shafi’ (rahmatullah alayhi) would say, one day in a year business people close their businesses, to take account of the whole year’s business and to find out how much loss and profit was made. In the same way we need as well to take account of how much we have studied through out the year and how much we practiced upon and what changes came. Not that it’ll be like this…
“As a small donkey he came and as a big donkey he left.”
The Goal of ‘Ilm is ‘Amal
Hadhrat Sufiyan Thauri (rahimullah) - who was a big Imam, Muttaqi and Sufi ‘Alim - says, that when you hear a Hadith then practice upon it at one or another time.
“Not that one knows about something, but things to tell it in a speech or to tell it in a gathering.”
What is our Hadhraat Akabir ‘Ulema-e-Deoband’s special characteristic? What is the distinction of Darul ‘Uloom Deoband? In the world exist big, big research institutions, whose name we would hear earlier, and Allah Ta’ala showed me, really in sense of knowledge and honour higher than high institutions can be seen. Leaving the Islamic world aside, in the West orientalists sit writing books about Islam and giving references to such important books you’ll not even have heard of their names. But all this knowledge in the essential meaning of ‘Ilm is unreal and soulless. The special characteristic of Darul ‘Uloom Deoband is that along knowledge and research every single of it’s person wanted, that the knowledge that he was acquiring should be applied to his life.
The Distinction of Darul ‘Uloom Deoband
My grandfather Maulana Muhammad Ya’seen Sahab (rahmatullah alayh), who was one of Darul ‘Uloom Deoband’s earlier men, would said: “I’ve seen such a time of Darul ‘Uloom as well, in which from the Shaikhul Hadith till an inferior doorkeeper every single person was a Waliullah.” Regarding that age it was told: “The gate of Madrassa, but inside Khanqah.”
When going into the rooms of teachers or students at night-time, one felt like worshipping devotees had gathered. And when going at day-time then the sounds of “Qala Allah wa Qala Rasul” were echoing.
That’s what you call Caution
Hadhrat Shaikhul Hadeeth (rahimullah ta’ala) has written in his Aap Beeti [autobiography] a story of Darul ‘Uloom Deoband rector Maulana Muneer Ahmed Sahab (rahmatullah alayh). For donations of the Madrassa Maulana Muneer Ahmed Sahab (rahmatullah alayh) went to Delhi and there he raised 300 rupees. 300 rupees of that time were not less than 300-thousand rupees of this time. On the way some Zalim stole it, so Maulana became very distressed and sold all his assets at the Madrassa, the amount of collected compensation became too much and people saw, that through giving all his belongings to the Madrassa Maulana will be effected by poverty and hunger, although this was Amanat and he did no injustice, so according to Shariah no compensation was compulsory for him. So, the people wrote a letter to Maulana Gangohi (rahmatullah alayh) regarding this incident and Maulana Gangohi (rahmatullah alayh) wrote a letter to Maulana Muneer Ahmed (rahmatullah alayh), that no fault happened to you, therefore from the aspect of Shariah there’s no compensation needed from you. When this letter arrived Maulana said, “Wah wah, Maulana Gangohi has read the whole Fiqh [jurispredence] for me.” And the thing he further said shows his status. He said, “Hadhrat Gangohi Sahab, the ruling you’ve already told, but take your hand at your heart for a while and look if this happened to you what would you’ve done?” He was so convinced, that if this incident happened to Hadhrat Gangohi (rahmatullah alayh), then he couldn’t sit peacefully without compensating, either. These were the ‘Ulema of Deoband, to who we today relate ourselves. Not only this story, but the complete life of these men, every single action, every single movement was applied to Deen.
Humanity and Sacrifice
Hadhrat Maulana Sayyid Asghar Hussein Sahab (rahmatullah alayh) was my respected father’s teacher and was known by the name of Hadhrat Mian Sahab. My father told,
This is not just a single story of our ‘Ulema of Deoband, Allah Tabaraka wa Ta’ala has granted every single person of them with a different quality, which refreshes the memory of Sahabah Kiram’s (ridhwanullah ajma’een) age.
Hadhrat Nanotwi’s (rahimullah) ‘Uloom
Look at Hadhrat Nanotwi (rahmatullah alayh) about who Hadhrat Thanvi (rahimullah) said, “I stay deprived of benefit when reading his books, because for a little time I understand and when he reaches the heavens and says such things which are out of my understanding. So, without understanding concepts of philosophy and theology, it becomes hard to understand his speech, and I am not accustomed to the intricacies of theology.” So, Hadhrat Thanvi (rahimullah) went to Hadhrat Hajji Imdadullah Muhajir Makki (rahmatullah alayh), who was not even a graduate of the Dars-e-Nizami. And when going to him said, “Hadhrat, make my Islah [rectification].” From the other way an ‘Alim like Hadhrat Gangohi (rahimullah) as well went to Hadhrat Hajji Sahab (rahmatullah alayh) for his Islah. The two were asked by someone, “You went to Hajji Sahab, who is not even a complete scholar, concluding he should’ve come to you.” Both replied, that it’s example is like that of a person who has never eaten Gulab Jaman, but he knows the whole history of Gulab Jaman by heart, that it’s made in such-and-such country and it’s made out of such-and-such, you tell him to write a memoir about it and he will. And another one is who doesn’t know the history of Gulab Jaman, but eats it daily. Who’s the better one of them? So, it’s obvious that the better one is who has eaten Gulab Jaman. So, our example is like that the ‘Uloom we were studying was simply literatal, letters and signs and when we went at his service these letters and signs became Ruh [soul].
What to gain from Ahlullah?
This is gained through going to the Ahlullah, I don’t know what innovations and absurdities people have put into Tasawwuf and established what kind of suppositions. The state’s reality is that going to an Ahlullah to get ones heart and ego and internal rectified. From Hadhrat Nanotwi (rahimullah) till Hadhrat Madni (rahimullah) and Hadhrat Usmani (rahimullah) there was not such an individual who wouldn’t after attaining graduation wouldn’t have let his rectification be made by an Ahlullah. Nowadays in our atmosphere these things have become strange, about whoever is practicing that people say became a Sufi. The result out of that instead of ones Islah is that the heart is completly filled with love of Dunya, love for fame and love for wealth. For this reason the invitation of any Da’ee [inviter towards Deen] is unbeneficial. Concluding, a very big reasong for the failing of all our struggle and efforts is that we left the fikr [worry] of our Islah.
["Islahi Mawaiz: 'Ilm Par Amal Karen" by Hadhrat Mufti Muhammad Taqi Usmani]
Take Yourself to Account
My father respected Maulana Mufti Muhammad Shafi’ (rahmatullah alayhi) would say, one day in a year business people close their businesses, to take account of the whole year’s business and to find out how much loss and profit was made. In the same way we need as well to take account of how much we have studied through out the year and how much we practiced upon and what changes came. Not that it’ll be like this…
“As a small donkey he came and as a big donkey he left.”
The Goal of ‘Ilm is ‘Amal
Hadhrat Sufiyan Thauri (rahimullah) - who was a big Imam, Muttaqi and Sufi ‘Alim - says, that when you hear a Hadith then practice upon it at one or another time.
“Not that one knows about something, but things to tell it in a speech or to tell it in a gathering.”
What is our Hadhraat Akabir ‘Ulema-e-Deoband’s special characteristic? What is the distinction of Darul ‘Uloom Deoband? In the world exist big, big research institutions, whose name we would hear earlier, and Allah Ta’ala showed me, really in sense of knowledge and honour higher than high institutions can be seen. Leaving the Islamic world aside, in the West orientalists sit writing books about Islam and giving references to such important books you’ll not even have heard of their names. But all this knowledge in the essential meaning of ‘Ilm is unreal and soulless. The special characteristic of Darul ‘Uloom Deoband is that along knowledge and research every single of it’s person wanted, that the knowledge that he was acquiring should be applied to his life.
The Distinction of Darul ‘Uloom Deoband
My grandfather Maulana Muhammad Ya’seen Sahab (rahmatullah alayh), who was one of Darul ‘Uloom Deoband’s earlier men, would said: “I’ve seen such a time of Darul ‘Uloom as well, in which from the Shaikhul Hadith till an inferior doorkeeper every single person was a Waliullah.” Regarding that age it was told: “The gate of Madrassa, but inside Khanqah.”
When going into the rooms of teachers or students at night-time, one felt like worshipping devotees had gathered. And when going at day-time then the sounds of “Qala Allah wa Qala Rasul” were echoing.
That’s what you call Caution
Hadhrat Shaikhul Hadeeth (rahimullah ta’ala) has written in his Aap Beeti [autobiography] a story of Darul ‘Uloom Deoband rector Maulana Muneer Ahmed Sahab (rahmatullah alayh). For donations of the Madrassa Maulana Muneer Ahmed Sahab (rahmatullah alayh) went to Delhi and there he raised 300 rupees. 300 rupees of that time were not less than 300-thousand rupees of this time. On the way some Zalim stole it, so Maulana became very distressed and sold all his assets at the Madrassa, the amount of collected compensation became too much and people saw, that through giving all his belongings to the Madrassa Maulana will be effected by poverty and hunger, although this was Amanat and he did no injustice, so according to Shariah no compensation was compulsory for him. So, the people wrote a letter to Maulana Gangohi (rahmatullah alayh) regarding this incident and Maulana Gangohi (rahmatullah alayh) wrote a letter to Maulana Muneer Ahmed (rahmatullah alayh), that no fault happened to you, therefore from the aspect of Shariah there’s no compensation needed from you. When this letter arrived Maulana said, “Wah wah, Maulana Gangohi has read the whole Fiqh [jurispredence] for me.” And the thing he further said shows his status. He said, “Hadhrat Gangohi Sahab, the ruling you’ve already told, but take your hand at your heart for a while and look if this happened to you what would you’ve done?” He was so convinced, that if this incident happened to Hadhrat Gangohi (rahmatullah alayh), then he couldn’t sit peacefully without compensating, either. These were the ‘Ulema of Deoband, to who we today relate ourselves. Not only this story, but the complete life of these men, every single action, every single movement was applied to Deen.
Humanity and Sacrifice
Hadhrat Maulana Sayyid Asghar Hussein Sahab (rahmatullah alayh) was my respected father’s teacher and was known by the name of Hadhrat Mian Sahab. My father told,
“One day I was at his services, when I saw that his house was dough-baked and whenever rain came it would break down. And Hadhrat Mian Sahab (rahmatullah alayh) would repair sometimes something here or something there. I said, ‘Hadhrat, why don’t you build once baked?’ Then Hadhrat replied, ‘Wah Muhammad Shafi’, you’ve said something intelligent, but I’ve become old and not understood that yet.’ I said, ‘Hadhrat, you’ve become angry. I’ve made a mistake - pardon me.’ Then Hadhrat took me with him outside through the door and said, ‘Look, from one corner of this alley to another is there a single house baked? When my neighbours have no baked house, then how can I make one?’”
This is not just a single story of our ‘Ulema of Deoband, Allah Tabaraka wa Ta’ala has granted every single person of them with a different quality, which refreshes the memory of Sahabah Kiram’s (ridhwanullah ajma’een) age.
Hadhrat Nanotwi’s (rahimullah) ‘Uloom
Look at Hadhrat Nanotwi (rahmatullah alayh) about who Hadhrat Thanvi (rahimullah) said, “I stay deprived of benefit when reading his books, because for a little time I understand and when he reaches the heavens and says such things which are out of my understanding. So, without understanding concepts of philosophy and theology, it becomes hard to understand his speech, and I am not accustomed to the intricacies of theology.” So, Hadhrat Thanvi (rahimullah) went to Hadhrat Hajji Imdadullah Muhajir Makki (rahmatullah alayh), who was not even a graduate of the Dars-e-Nizami. And when going to him said, “Hadhrat, make my Islah [rectification].” From the other way an ‘Alim like Hadhrat Gangohi (rahimullah) as well went to Hadhrat Hajji Sahab (rahmatullah alayh) for his Islah. The two were asked by someone, “You went to Hajji Sahab, who is not even a complete scholar, concluding he should’ve come to you.” Both replied, that it’s example is like that of a person who has never eaten Gulab Jaman, but he knows the whole history of Gulab Jaman by heart, that it’s made in such-and-such country and it’s made out of such-and-such, you tell him to write a memoir about it and he will. And another one is who doesn’t know the history of Gulab Jaman, but eats it daily. Who’s the better one of them? So, it’s obvious that the better one is who has eaten Gulab Jaman. So, our example is like that the ‘Uloom we were studying was simply literatal, letters and signs and when we went at his service these letters and signs became Ruh [soul].
What to gain from Ahlullah?
This is gained through going to the Ahlullah, I don’t know what innovations and absurdities people have put into Tasawwuf and established what kind of suppositions. The state’s reality is that going to an Ahlullah to get ones heart and ego and internal rectified. From Hadhrat Nanotwi (rahimullah) till Hadhrat Madni (rahimullah) and Hadhrat Usmani (rahimullah) there was not such an individual who wouldn’t after attaining graduation wouldn’t have let his rectification be made by an Ahlullah. Nowadays in our atmosphere these things have become strange, about whoever is practicing that people say became a Sufi. The result out of that instead of ones Islah is that the heart is completly filled with love of Dunya, love for fame and love for wealth. For this reason the invitation of any Da’ee [inviter towards Deen] is unbeneficial. Concluding, a very big reasong for the failing of all our struggle and efforts is that we left the fikr [worry] of our Islah.
["Islahi Mawaiz: 'Ilm Par Amal Karen" by Hadhrat Mufti Muhammad Taqi Usmani]
Wednesday, May 28, 2008
A ‘religious’ stock market player
Taken from http://epaper.timesofindia.com/Daily/skins/ET/navigator.asp?Daily=ETH&login=default&AW=1211959657484
---ZAFAR Sareshwala had to literally lift his business from the embers after miscreants plundered and set his office on fire during the post-Godhra riots in Ahmedabad in 2002. Mr Sareshwala — the scion of an affluent Gujarati family that ran a century-old industrial valves business — was bought to the brink of bankruptcy, losing all that he possessed and making him eligible for receiving ‘zakat’ (alms that a rich Muslim gives to the poor).
“Those were the worst years of my life,” says Mr Sareshwala, the promoter of Parsoli Corporation, adding, “we were reduced to ashes. Our bank accounts were frozen, trading accounts suspended and bank guarantees withdrawn. We didn’t even have an office then.”
The story of Mr Sareshwala, 46, is a reflection of the rock-hard resilience of the Gujarati people, thousands of whom have rebuilt their lives after being economically wiped out over decades in one of India’s most disaster-prone states. “There was nothing we could do and no one was willing to help. Fortunately, I had a chance meeting with Uto Baader, the chairman of Germany-based Baader Bank, who was convinced about our business model,” says Mr Sareshwala, who went to St Xaviers’ School in Ahmedabad, and graduated in engineering and marketing.
Uto Baader, in his personal capacity, and Gulf Investment Services Company jointly picked up 49% in the company, thereby recapitalising Parsoli Corporation with about Rs 64 crore. This paved the way for a new beginning for Parsoli, which engaged itself in facilitating Islamic investors make ethical Shariah investments. “It’s a religious requirement of a Muslim to be invested; rather it is un-Islamic to hold money. Interest is forbidden, but sharing risk and responsibility, i.e. sharing profit and loss, is acceptable,” says Mr Sareshwala. Parsoli’s market cap stands at around Rs 350 crore, and it has over 13,000 clients. Revenues have risen 15 times from FY03 to FY07 and profits have shot up 146 times during the period.
Even though Mr Sareshwala and Parsoli have done well over the years, they have their share of detractors as well. There are many out there raising questions about Parsoli’s expertise in recommending Shariah investments and propagating Islamic finance.
“I have learned Islamic finance from scholars like Mufti Taqi Usmani (the Pakistani judge who gave the first fatwa on Islamic finance) and Sheikh Nizam Yaqubi. We’ve a very knowledgeable Islamic scholar board to consult on matters pertaining to Islamic finance. Between us three brothers, who run the show, we have got 60 years of experience in finance. I belong to a deeply religious family with strong Islamic convictions,” says Mr Sareshwala, to manifest Parsoli’s level of expertise in Islamic finance.
Mr Sareshwala is now reaching out to Islamic clerics who could educate common Muslims as to how they can invest in stocks without compromising religious beliefs. “This philosophy is also appealing to a lot of non-Muslims. In fact, 20% of our clients are non-Muslims,” he says, adding, “Islamic finance will catch up in India. We’ll see people in power, politicians and regulators acceding to the demands of millions of Indian Muslims and non-Muslims.”
Is there an easy way to tell if I have Administrator rights or not?
Taken from http://www.worldstart.com
Okay, let's say you just bought a new piece of software and when you go to install it, you're asked for your Administrator information. So, you log in to your Administrator account, you install the software and everything is just peachy keen. But what happens when you're done with the whole process? Did you remember to sign out of your Administrator account and go back to your normal PC mode? Are you unable to remember if you did or not?
If you're not sure either way, there's a very easy way to check. All you have to do is right click on your Start button and check to see if the first option says Open or Open All Users. If you see Open All Users, that means you're still logged in under the Administrator account. If you just see Open, you're signed in under your limited account and that's the best place to be. This little trick helps when other people are using your computer as well. To make sure they're not changing your accounts around, do the quick right click and you'll be in the know again!
Tuesday, May 27, 2008
Favorite Web Pages At Startup
Taken from http://www.worldstart.com/tips/tips.php/597
Wouldn't it be great to have all the web pages we frequent, run when we start the computer?
All we need to do is drop some shortcuts into our Startup Folder . Here's how:
1. First, open Internet Explorer and head to a page one wants to see when their computer starts.
2. Next, grab the little " e " next to the address and drag it over to the Start button. Don't let go, just hover over the button for a couple seconds. The Start menu should open.
3. Now, (still holding the mouse button down), move up to the Programs menu. The Programs menu should open.
4. Finally, move the mouse to the Startup folder (it will be underlined). Again, point to it for a second and it should open up. Drop the shortcut into it and we're all set. Make sure to drop the shortcut into the Startup Menu and NOT into the Programs menu by accident.
That's it. Restart the computer and the browser should inshallah launch, opening all the stuff we just put into the Startup menu.
I want to mention that this works better for those with an "always on" type internet connection. When Windows starts, we're already online so we really get the benefit of this little trick.
If we have a regular dial-up connection, that works too - just not quite as well. Ideally, our dial up connection should be set to automatically dial, that way when we start the computer, it automatically dials and loads the pages for us.
Rights And Obligations Of The Husband And Wife
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By Shaykh al-Hadith Mufti Muhammad Taqi ‘Uthmani
Edited by [Maulana] Badrul Islam
-
A convert to Islam asked the Revered Shaykh (hafidhahullah):
Q.I hear all the time of the duties of the wife in Islam, but nothing regarding the duties of the husband. What are his obligations as a husband? Does he merely have a financial obligation to his wife and nothing more? Who is to decorate the house, mow the lawn, raise the children, cook, clean, wash and iron?
The Revered Shaykh (hafidhahullah) replied:
Before replying to your question, I would like to clarify a basic point which should always be borne in mind in such matters.
One should clearly distinguish between the Islamic teachings and the general practice of the Muslims. Unfortunately, we are living in an age where the vast majority of the Muslims are not aware of the noble teachings of Islam nor do they practice them in their day-to-day lives. Instead, they are mostly influenced by the different cultures in which they are/have been living. Therefore, everything the Muslims practice cannot be attributed to Islam. When one evaluates the virtues of Islam, he should not refer to the practice of the Muslims of today; rather he should turn to the principles laid down in the Holy Qur’an and Sunnah. Obviously, if the Muslims have abandoned the guidance of the Shari’ah, it cannot be seen as a defect in the Shari’ah itself. It is a defect in those who have deprived themselves of this Divine Guidance.
Bearing this in mind, here is the answer to your query:
It is evident from a plain study of the relevant material found in the Holy Qur’an and the Sunnah that Islam treats the bond of marriage as a bilateral contract between husband and wife, each one of them having some rights and obligations. The Holy Qur’an is very much clear on this point when it says (translation):
And they (the women) have rights similar to their obligations (2:228 )
It is clear from this verse of the Holy Qur’an that the obligations of a wife towards her husband are no less than the rights she enjoys. The Holy Qur’an has summarized the obligations of a husband towards his wife in a few words where it has made it obligatory for him to
‘keep her with fairness’ (2:229).
In another verse, the Holy Qur’an instructs him in the following words:
‘and live with [your wives] in goodness [and fairness]‘ (4:19).
Therefore, it is not correct to say that Islam has laid more emphasis on the obligations of a wife than on that of the husband. The Holy Prophet (sallallahu ‘alayhi wa sallam) has stressed the rights of women in a relatively larger number of his sayings. To quote but a few:
- The best of you are those who are best to their wives. (al-Tirmidhi)
- No Muslim should detest his Muslim wife. If he dislikes some of her
qualities, he may find some other qualities more pleasing.- [Hold fast to my advice with regard to women:] Treat them with
goodness/kindness.(al-Tirmidhi)- The best of you are those who are best to their wives. (al-Tirmidhi)
These few examples are sufficient to illustrate the great concern the Prophet (sallallahu ‘alayhi wa sallam) has shown for the rights of a woman. In fact he had dedicated a substantial portion of his last sermon at the Hajjat al-Wada’ (Farewell pilgrimage) to explain and stress the importance of a husband’s obligations towards his wife.
.. It is not a legal (Shar’i) obligation upon a wife to cook the meals or clean the house. If a woman chooses not to do this, her husband cannot compel her to do so. However, apart from the legal injunctions Islam has given some moral instructions to both the husband and wife. They should realise that they are life companions who should not restrict themselves to the legal requirements alone, but should join hands to make mutual life as comfortable and harmonious as possible. They are asked to co-operate with each other in solving their day-to-day problems.
For this purpose, it is strongly advised that, as co-operating friends, they divide all the chores and duties between themselves according to their mutual convenience. The wife should take care of the home while the husband undertakes outdoor economic activities etc. this division of chores and duties was the practice of the Muslims during the lifetime of the Holy Prophet (sallallahu ‘alayhi wa sallam). Even Fatimah (Radhiyallahu ‘anha), the beloved and noble daughter of the Prophet (sallallahu ‘alayhi wa sallam), used to carry out all the household chores herself while her noble husband ‘Ali (Radhiyallahu ‘anhu) carried out all the economic duties. The Holy Prophet (sallallahu ‘alayhi wa sallam) encouraged her in this.
It is true that from a pure legal point of view a wife may refuse to cook meals or carry out other household chores. Similarly, a husband has the legal right given him by the Shari’ah to refuse her permission to meet her relatives. If both of them restrict themselves to such a difficult ‘legal relationship’, an atmosphere of love, harmony, mutual understanding, and bilateral co-operation cannot develop between them.
A wife should not view household chores as demeaning or disgraceful in any way. In fact, her active contribution to her own home is the basic source of strength for the family and wider society. It is great service not just to her family but to the whole nation since the welfare of the nation is dependant on a healthy institution of the family. It is very strange that when an air hostess serves meals to hundreds of strangers on an aeroplane it is seen as a manifestation of liberalism, progress, and emancipation. However, when a wife renders much lighter services to her own family it is deemed servitude, a disgrace, and backwardness.
Today the western societies are suffering a devastating breakdown of the institution of the family. Their leaders and intellectuals are mourning this devastation, which is caused by nothing other than the lack of mutual co-operation between husband and wife and their failure to determine the rights and obligations of both according to natural, biological and religious requirements.
[I would like to stress on the husband that] he should always remember that the household work undertaken by his wife is not a legal and Shar’i duty upon her. It is a voluntary service on her part for the welfare and benefit of the family. Therefore, he should always appreciate this goodwill from her. At the same time, he should never overburden her with all the household chores. Wherever possible he should try to provide her with servants or assist her himself. It has been reported in many authentic Ahadith that, despite his extremely demanding outdoor duties of Prophethood, the Holy Prophet (sallallahu ‘alayhi wa sallam) used to carry out many domestic chores himself. For example, he used to milk the goats, wash and sew his clothes. We do not find anywhere in the Sunnah that he ordered any of his blessed wives to do this for him. However, they would carry out these chores of their own accord without him having to ask them.
[To conclude,] it is not correct to say that the Islamic books written on this subject discuss only the obligations of the wife. In fact, all the books of Islamic Law discuss the rights of both the husband and wife simultaneously. They go as far as to mention that a husband cannot travel for more than four months at any one time without the consent of his wife. Sadly, many Muslims are not aware of the teachings of their religion and, consequently, transgress in their relationship with their wives.
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Taken from http://zakariyya.wordpress.com/2007/08/19/rights-and-obligations-of-the-husband-and-wife/
Monday, May 26, 2008
Friend or Foe?
“To be alone is better than bad company, but good company is better than being alone.” a statement the Prophet (Sallallahu ‘Alayhi Wa Sallam) made over 1400 years ago.
Nowadays, people tend to make friends for various reasons. Some want to be able to gain some name and fame by the person that they hang out with, others have their eye on the wealth of the person and yet others hang out with anyone and everyone just because they want to “fit in”.
Companionship and friendship is taken very lightly in today’s time.
Suhbat is another word for the company a person keeps. People need to understand the importance of having good Suhbat. You adopt the characteristics of the people you hang out with, and they definitely affect you in some way or the other whether you realize it or not, whether that contact takes place on a daily basis, or whether that contact be once a year in any, way, shape or form, for example, in person, over the phone, or online etc.
There are three signs of a true friend:
- 1. Seeing them reminds you of Allah.
- 2. When they speak, your knowledge increases.
- 3. Their actions remind you of the Hereafter.
Allah has stated in Surah Tawbah: “O you who believe! Fear Allah and be with those who are true (in word and deed).” In a simple sense, adopt Taqwa and attach yourselves to the pious people. Bad company obviously affects people in negative ways. Instead of those people taking you higher on the stairs to success and nearer to your Creator, they take you downhill; they influence you in a negative manner.
For example, if someone is punctual with his five Fardh prayers and he begins to hang out with people who do not pray at all, sooner or later that one person who was punctual will also stop praying because those people around him do not pray either. Similarly, if one keeps company with those who are trying to gain a nearness to their Lord and those people that are involved in good actions, one will be influenced in a positive manner.
The Prophet (Sallallahu ‘Alayhi Wa Sallam) also once said, “A believer is a mirror for his brother…” Now the job of a mirror is to give a reflection and it will give a reflection of the person who looks into it. If someone has dirt on their nose, the mirror will reflect that. If a person has a fairly clean face, the mirror will reflect that also. Similarly, if you have some fault in yourself, when looking at your believing brother, that will be reflected. If you happen to have a clean record and no problems at all, when you look at your believing brother it will reflect that. Mirrors that are rusty will not show you the fault of your face when the mirror is rusty. Hence, you will not get a true picture. If the mirror gives you a true picture, you will work towards bettering yourself.
There are three simple steps in order to solve a problem:
- 1. You acknowledge the problem; in this case for some it may be that we need to change our circle of friends.
- 2. You think of a solution, it is better to ask someone who knows a solution and can help you,
- 3. You implement that solution and your problem is solved. Though, there is one condition, you need to implement the solution if you really want your problem to be solved.
Suhbat is Suhbat, whether good or bad. But for those of us who are concerned about aakhirat need to be in good Suhbat.
Some may think the former solution is more efficient and yet others may think the latter solution is better. Think of it this way: Sin is dirt and filth. If you had some filth on your clothes, would you wash it off slowly bit by bit, or would you get rid of it all at once, immediately? I hope the answer is the latter. This attitude needs to be adopted with sin also.
So, bad company will influence you negatively, in turn leading to committing sin. So, to stay away from that sin and to stay away from the environment of sin, adopting good company and leaving the bad company right away would be a smarter choice to make.
Make the effort to find good company, if it is difficult, then as the Prophet (Sallallahu ‘Alayhi Wa Sallam) said it is better to be alone. It may be hard in the beginning, but these little sacrifices and struggles will pay off in the long run, Insha Allah.
Ayaaz and the Priceless Pearl
Maulana Jalaluddin Rumi (rahmatullahi alaihi) mentions in his Mathnawi, a story of Sultan Mahmood: One day the Sultan decided to test his ministers and ordered them to crush the most prized pearl of his treasury. One by one, each of 65 ministers declined, stating that the pearl was far too valuable to be destroyed.
The King then summoned his closest and trusted courtier, Ayaaz, and ordered him to crush the pearl. Without any delay or hesitation, Ayaaz crushed the pearl into fragments. When the ministers expressed disbelief and shock at such audacity, the King asked Ayaaz to inform them as to the reason for him having broken the pearl.
In response, Ayaaz asked these ministers: “Which is more important, the Royal Decree or the pearl? “
The question we pose to ourselves is: “Which is more important, the command of my Allah or the desire of my heart?”
The haram desires of the heart are akin to pearls, which appear to be quite beautiful but we should not fulfill these haram desires at the cost of breaking the decrees of Allah.
Ayaaz attained closeness to the king through his loyalty and faithfulness and his obedience and submission. Similarly, we will gain the extreme nearness and intimate closeness to the King of Kings through loyalty and faithfulness. This in turn is dependent upon sincere obedience and complete submission to His decrees.
Sunday, May 25, 2008
Keyboard shortcuts for Internet Explorer 7
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Most of these shortcuts deal with using tabbed browsing
1.) Ctrl + T - Opens a new tab in the foreground.
2.) Ctrl + Click - Opens links in a new tab in the background.
3.) Ctrl + Shift + Click - Opens links in a new tab in the foreground.
4.) Alt + Enter - Opens a new tab from the address bar.
5.) Alt + Enter - It also opens a new tab from the search box.
6.) Ctrl + Q - Opens up quick tabs, which are thumbnail views.
7.) Ctrl + Tab or Ctrl + Shift + Tab - Allows you to switch between tabs.
8.) Ctrl + N - Switches to a specific tab number. In this case, N can equal anything between the numbers one and eight.
9.) Ctrl + 9 - Switches to the last tab.
10.) Ctrl + W - Closes the current tab.
11.) Ctrl + Alt + F4 - Closes other open tabs.
12.) Alt + F4 - Closes all the tabs.
Now, here are a few mouse shortcuts for you as well.
1.) Click the middle mouse button (if your mouse has one) on a link and it will open that link in a background tab for you.
2.) Double click any empty space right next to the last tab you have open and it will open a brand new tab.
3.) If you click on the middle mouse button on one of your tabs, it will close the tab for you.
Inshallah these simple shortcuts can make IE 7 experience so much easier!
Most of these shortcuts deal with using tabbed browsing
1.) Ctrl + T - Opens a new tab in the foreground.
2.) Ctrl + Click - Opens links in a new tab in the background.
3.) Ctrl + Shift + Click - Opens links in a new tab in the foreground.
4.) Alt + Enter - Opens a new tab from the address bar.
5.) Alt + Enter - It also opens a new tab from the search box.
6.) Ctrl + Q - Opens up quick tabs, which are thumbnail views.
7.) Ctrl + Tab or Ctrl + Shift + Tab - Allows you to switch between tabs.
8.) Ctrl + N - Switches to a specific tab number. In this case, N can equal anything between the numbers one and eight.
9.) Ctrl + 9 - Switches to the last tab.
10.) Ctrl + W - Closes the current tab.
11.) Ctrl + Alt + F4 - Closes other open tabs.
12.) Alt + F4 - Closes all the tabs.
Now, here are a few mouse shortcuts for you as well.
1.) Click the middle mouse button (if your mouse has one) on a link and it will open that link in a background tab for you.
2.) Double click any empty space right next to the last tab you have open and it will open a brand new tab.
3.) If you click on the middle mouse button on one of your tabs, it will close the tab for you.
Inshallah these simple shortcuts can make IE 7 experience so much easier!
IIT syndrome
Mohammed Issam Siddique
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There is a growing demand for engineering studies. This has only increased the number of students hoping to make it into the country’s premiere institute — IIT. At least 400,000 students fight it out for the 4,000 seats available in the seven IITs.
The IIT system dates back to 1946 when Sir Jogendra Singh of the Viceroy’s Executive Council set up a committee whose task was to consider the creation of higher technical institutions for post-war industrial development in India.
The result was the genesis of IIT which was supposed to be the epitome of science and technological advancements. The committee wanted such institutes to not just churn out undergraduates but produce world class researchers and scientists.
Jawaharlal Nehru, the then Prime Minister, had summed it up beautifully during the first convocation address at IIT kharagpur: “Here stands the fine monument of India, representing India’s urges, India’s future in the making. This picture seems to me symbolical of the changes that are coming to India.”
The future it sure was. Having churned out some of the best minds of India ever since its inception, it set its own standards for other institutes to emulate. An admission to any of the IITs was the dream of any parent and student — more to the parent than to the student sometimes. With the growing population of India, more IITs were set up.
Coaching centres
The count now is seven and the number of students aspiring to get into them is a few lakhs. It was obvious that not all could make it. To catch up with the best, you could enrol into many of the brilliant coaching centres which started sprouting up in different parts of the country. It was only in the metros that such centres survived. With growing awareness among parents, they would enrol their child either in the 9th standard or in the 11th.
The child would have to sweat it out in these years to come up to the IIT-ian standards. At the end, it is obvious that not all can make it for the seats are just the same. And in the process you end up losing on something precious called life. In the name of coaching and tuition centres, the life of the child just revolves around home and such study centres.
All this is being done not for any lofty reasons. Much of the craze is only to ensure a secure future. Secure because the lads coming out of such prestigious institutions are obviously going to be kidnapped by firms ready to drape them in bundles of dollars.
Seldom can one find a dedicated soul entering the premises of IITs for satisfying his thirst for knowledge.
It’s a pity that something that started off with such lofty purposes got reduced to a mere money making machine. I am not against the IITs, nor do I doubt the genius of the pupils entering the IITs. What I am concerned about is the attitude of people regarding the IITs. They should stop seeing them solely from a financial angle.
The IITs instead should focus on developing innovative ideas and products which can take the world forward. Rather than priding ourselves on high paid jobs, we should encourage income generating ideas. We need entrepreneurs who are daring enough to show the world the new way.
And coaching centres are no way to get into such places. Only pure brilliance and unfettered dedication will let you survive inside the IITs.
Then why burden the minds of your children and your own pockets with unnecessary ideas. Children instead should be playing their heart out in their schools. Schooling is something which should bring pleasant memories once we are out of it. And for God’s sake, let’s stop killing young minds with poisonous thoughts. You don’t cease to exist if you cannot make it to the IITs.
Taken from http://www.hindu.com/op/2008/05/25/stories/2008052551931600.htm
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