WEEK 9WEEK 9

2

Shari ‘ah & FiqhShari ‘ah & Fiqh

I) I) DefinitionDefinition

FiqhFiqh::

Literal meaningLiteral meaning: : - Understanding- Understanding- Profound and correct understanding - Profound and correct understanding

Technical meaningTechnical meaning::1- General meaning (early stage)1- General meaning (early stage)- A person’s knowledge of his rights and duties- A person’s knowledge of his rights and duties

3

2- Later definition (separation of sciences)2- Later definition (separation of sciences)The knowledge of detailed The knowledge of detailed shar‘i akhamshar‘i akham (legal (legal rules) pertaining to conduct derived from their rules) pertaining to conduct derived from their specific evidencesspecific evidences

4

Shari ‘ahShari ‘ahA comprehensive term which include both A comprehensive term which include both fiqhfiqh

(Islamic law) and tenets. (Islamic law) and tenets. It include all texts, teachings and principlesIt include all texts, teachings and principlesBeliefs + Law + ethicsBeliefs + Law + ethics

Shari‘ahShari‘ah FiqhFiqh- Wider- Wider - Narrower- Narrower- Source = divine - Source = divine - divine + sunnah + - divine + sunnah +

human endeavor human endeavor - Immutable- Immutable - some parts may - some parts may

changechange

5

Madhahib Fiqhiyyah Madhahib Fiqhiyyah (Schools of Islamic legal thought)(Schools of Islamic legal thought)

The emergence of The emergence of madhahib fiqhiyyahmadhahib fiqhiyyah is is the result of practising the result of practising ijtihadijtihad

What is ijtihad?What is ijtihad?

- Interpretation of texts- Interpretation of texts

- Deduction of ahkam (legal rulings) on - Deduction of ahkam (legal rulings) on new incidentsnew incidents

6

Why Why ijtihadijtihad is needed? is needed?

- Texts which impart more than one - Texts which impart more than one meaning = meaning =

imply more than one interpretationimply more than one interpretation

- Texts are limited in number while new - Texts are limited in number while new incidents are unlimited in numberincidents are unlimited in number

- A lot of texts are in the form of general - A lot of texts are in the form of general rules and principles to embrace new rules and principles to embrace new incidents.incidents.

7

Brief history of ijtihadBrief history of ijtihad

1- Ijtihad in the era of revelation1- Ijtihad in the era of revelation

- The main source of law was Revelation - The main source of law was Revelation (the Qur’an)(the Qur’an)

- - SunnahSunnah as an inspiration and guidance as an inspiration and guidance from Allah to His Messengerfrom Allah to His Messenger

- Ijtihad of the Prophet in interpreting and - Ijtihad of the Prophet in interpreting and applying the texts of the Qur’anapplying the texts of the Qur’an

8

- Ijtihad of - Ijtihad of SahabahSahabah

= limited = limited

= Corrected by the Prophet or = Corrected by the Prophet or revelationrevelation

= If they disagree on any issue = If they disagree on any issue they refer it the Prophet and his they refer it the Prophet and his decision is finaldecision is final

9

2- Ijtihad in the era of 2- Ijtihad in the era of SahabahSahabah- The scope of ijtihad widened = new - The scope of ijtihad widened = new

incidents:incidents:

= Expansion of Muslim state = new = Expansion of Muslim state = new people, new customs and traditionspeople, new customs and traditions

= Development of life = new challenges= Development of life = new challenges

- The result of this ijtihad:- The result of this ijtihad:

= Agreement = = Agreement = ijma‘ijma‘ (consensus of (consensus of opinions)opinions)

10

= Disagreement = no higher authority to = Disagreement = no higher authority to make a final ruling and unite all opinionsmake a final ruling and unite all opinions

- That was the - That was the seedseed of of madhahib fiqhiyyahmadhahib fiqhiyyah

3- Ijtihad after the era of 3- Ijtihad after the era of SahabahSahabahMore developments in social, economic and More developments in social, economic and

intellectual life = the scope of ijtihad intellectual life = the scope of ijtihad became wider and widerbecame wider and wider

MujtahidsMujtahids (scholars who are specialized in (scholars who are specialized in religious studies and mastered it) religious studies and mastered it) developed their methods of ijtihaddeveloped their methods of ijtihad

Madhahib shaped and developedMadhahib shaped and developed

11

What is a What is a madh-habmadh-hab?? First stage: emergenceFirst stage: emergenceA scholar’s approach of ijtihad = A scholar’s approach of ijtihad =

rules and principles of interpretation rules and principles of interpretation + + legal views and opinionslegal views and opinions

The last stage: developmentThe last stage: developmentThe sum total of the scholar’s legal rulings The sum total of the scholar’s legal rulings

as well as the rulings of his students and as well as the rulings of his students and that of all the scholars who adhered to that of all the scholars who adhered to their approach of their approach of ijtihadijtihad..

12

Mujtahid = rules of interpretation + legal opinions

.

Students = adopt his approach + narrate & record his legal opinions + spread those opinions + enrich them

Those who adhere to his methodology of ijtihad = spread the madh-hab + enrich it +formalize the madh-hab

13

How many How many madhahibmadhahib are there? are there?

- In the first sense of - In the first sense of madh-habmadh-hab

There were many There were many madhahibmadhahib

- But those - But those madhahibmadhahib which continued to exist and which continued to exist and established themselves are established themselves are fivefive

- The reason behind this continuation is mainly - The reason behind this continuation is mainly because of the number and the role of students because of the number and the role of students and followersand followers

14

Those five madhahib are:Those five madhahib are:

1- The Hanafi 1- The Hanafi madh-habmadh-hab

2- The Maliki 2- The Maliki madh-habmadh-hab

3- The Shafi‘i 3- The Shafi‘i madh-habmadh-hab

4- The Hanbali 4- The Hanbali madh-habmadh-hab

5- 5- The Zahiri The Zahiri madh-habmadh-hab

Shi‘i schools:Shi‘i schools:

- The Zidi madh-hab- The Zidi madh-hab

- Imami/ Ja‘fari madh-hab- Imami/ Ja‘fari madh-hab

15

WEEK 10WEEK 10

16

The objectives of Shari ‘ah The objectives of Shari ‘ah (maqasid al-Shari‘ah)(maqasid al-Shari‘ah)

(Islamic criterion for measuring human needs )(Islamic criterion for measuring human needs )

The main objectives of the The main objectives of the shari‘ahshari‘ah are of two are of two types:types:

1- to secure the interest of mankind that 1- to secure the interest of mankind that pertains to Hereafter, pertains to Hereafter,

2- to secure the interest of mankind 2- to secure the interest of mankind pertaining to this world.pertaining to this world.

17

Who is to determine what is in man’s Who is to determine what is in man’s interest?interest?

- The lawgiver (Allah & His Messenger)- The lawgiver (Allah & His Messenger)

- Human reason (in light of texts, - Human reason (in light of texts, general principles = should not general principles = should not contradict or violate the texts the contradict or violate the texts the general general principles)principles)

18

a) Classification of interest pertaining to a) Classification of interest pertaining to its compliance with Shari‘ah its compliance with Shari‘ah

= (Criterion for evaluating the acceptance of = (Criterion for evaluating the acceptance of interest)interest)

1- Acknowledged/ accredited interest:1- Acknowledged/ accredited interest:

- Explicitly - Explicitly

- Implicitly = new interest which may be - Implicitly = new interest which may be related to this type of interestrelated to this type of interest

19

2- Rejected/ discredited:2- Rejected/ discredited:

- Explicitly- Explicitly

- Implicitly = what may be considered - Implicitly = what may be considered by some people as interest but which is by some people as interest but which is in contradiction with the texts and in contradiction with the texts and

principles, or which may violate the principles, or which may violate the objectives of shari‘ah. objectives of shari‘ah.

20

b) Classification of interest pertaining to b) Classification of interest pertaining to its its importanceimportance

(for the existence and preservation of human life)(for the existence and preservation of human life)

1- The essentials/ necessities (primary objectives): 1- The essentials/ necessities (primary objectives):

Basic requirementsBasic requirements to the survival and spiritual to the survival and spiritual well-being of individuals and societieswell-being of individuals and societies

Their destruction lead to Their destruction lead to seriously affecting seriously affecting human life human life ((basic human rightsbasic human rights), demise of ), demise of normal ordernormal order, chaos in the society, chaos in the society

21

2- The needs/ exigencies (secondary objectives):2- The needs/ exigencies (secondary objectives):

Those interests which are needed to:Those interests which are needed to:- support necessities- support necessities- remove severity and hardship- remove severity and hardship

Their absence does not impose a threat to the Their absence does not impose a threat to the very survival of normal ordervery survival of normal order and basic human and basic human rightsrights

3- The complementary interests (supporting 3- The complementary interests (supporting objectives)objectives)To attain perfection and refinement in human lifeTo attain perfection and refinement in human life

22

= The relation between the three = The relation between the three categories:categories:

Each outer shell forms a Each outer shell forms a supportivesupportive and and protectiveprotective boundary for the inner shell. boundary for the inner shell.

The basic human rights:The basic human rights:1- Religion1- Religion2- Life2- Life3- Lineage/ progeny/ family3- Lineage/ progeny/ family4- Intellect/ reason4- Intellect/ reason5- Property/ wealth5- Property/ wealth

23

= The benefit of this classification:= The benefit of this classification:

- To resolve any conflict between these - To resolve any conflict between these different categories of interestdifferent categories of interest

Rule one:Rule one:The rules of conflict and priorityThe rules of conflict and priority::1- The stronger interest shall prevail:1- The stronger interest shall prevail:

Although all the necessities should be Although all the necessities should be observed, promoted and protected, in observed, promoted and protected, in case of conflict they should be taken in the case of conflict they should be taken in the order in which they are stated:order in which they are stated:

24

- Daruriyyat- Daruriyyat have priority over the have priority over the hajiyyathajiyyat, , which in turn have priority over the which in turn have priority over the tahsiniyyattahsiniyyat..

- Din- Din has precedence over life (jihad); has precedence over life (jihad);- Religion # intellect = freedom of thinking - Religion # intellect = freedom of thinking - Religion # property = spending/ haram - Religion # property = spending/ haram wealthwealth- Life has precedence over - Life has precedence over nasl nasl (abortion);(abortion);- life has precedence over ‘- life has precedence over ‘aql aql (drinking (drinking wine, drugs for medical purposes); wine, drugs for medical purposes); - ‘- ‘aqlaql has precedence over wealth has precedence over wealth (education) ...etc.(education) ...etc.

25

Legal maxims which govern Legal maxims which govern this rulethis rule1. Committing the lesser of two 1. Committing the lesser of two harms.harms.2. Necessity dictates exception/ 2. Necessity dictates exception/ necessity overrules prohibition.necessity overrules prohibition.3. That which became permissible by 3. That which became permissible by necessity is estimated by the extent necessity is estimated by the extent thereof.thereof. 4. Avoiding harm is prior to acquiring 4. Avoiding harm is prior to acquiring benefit.benefit.

26

Rule two:Rule two:The public interest is prior to the The public interest is prior to the private:private: Legal maxim: Legal maxim: Committing a specific Committing a specific harm for the sake of preventing a harm for the sake of preventing a general harm.general harm.

ExamplesExamples: : 1- Taking preventive measures 1- Taking preventive measures against people who are carrying against people who are carrying transmitted diseases;transmitted diseases;

27

2- Punishments;2- Punishments;

3- Preventing unqualified 3- Preventing unqualified professional from practising;professional from practising;

4- Prohibition of hoarding4- Prohibition of hoarding

28

How shari ‘ah preserves the five How shari ‘ah preserves the five basic human rights?basic human rights?

1- Affirmative measures = 1- Affirmative measures = establishment + maintenance (obligations, establishment + maintenance (obligations, recommendations, permissible)recommendations, permissible)

2- Protective measures = 2- Protective measures = prohibition + prohibition + punishmentpunishment

29

1- Religion:1- Religion:Affirmative measures:Affirmative measures:- Establishment: revelation- Establishment: revelation- Maintenance: continuous practice, - Maintenance: continuous practice, da‘wahda‘wah/ /

al-’amru bil m‘rufal-’amru bil m‘ruf

Protective measures:Protective measures:a) Against insiders: punishment for a) Against insiders: punishment for

neglecting religious obligations and neglecting religious obligations and apostasy, preventing evilapostasy, preventing evil

30

b) Against outsiders: defending religion b) Against outsiders: defending religion intellectually, power and independence, intellectually, power and independence, JihadJihad

2- Life:2- Life:Affirmative measures:Affirmative measures:- Establishment: creation, marriage- Establishment: creation, marriage

- Maintenance: providing sustenance, - Maintenance: providing sustenance, maintaining good healthmaintaining good health

31

Protective measures:Protective measures:

- Prohibition of any attack on human life - Prohibition of any attack on human life without legal justification (homicide, without legal justification (homicide, suicide, injuries) + Qisassuicide, injuries) + Qisas

3- Lineage:3- Lineage:

Affirmative measures:Affirmative measures:

- Establishment: marriage- Establishment: marriage

- Maintenance: establishment of family + - Maintenance: establishment of family + responsibilities towards childrenresponsibilities towards children

32

Protective measures:Protective measures:

a) Against its discontinuity (demise): a) Against its discontinuity (demise): prohibition of abortion, sterilization, prohibition of abortion, sterilization, celibacy celibacy

b) Against its confusion: b) Against its confusion: prohibition of adultery, false prohibition of adultery, false accusation, surrogate motherhood accusation, surrogate motherhood and surrogated fatherhoodand surrogated fatherhood

33

4- Intellect:4- Intellect:

Affirmative measures: Affirmative measures:

- Establishment: created by Allah- Establishment: created by Allah

- Maintenance: education and pursuit of - Maintenance: education and pursuit of knowledgeknowledge

Protective measures:Protective measures:

prohibition of intoxicants, drugs, prohibition of prohibition of intoxicants, drugs, prohibition of believing in superstitionsbelieving in superstitions

34

5- Property/ wealth:5- Property/ wealth:

Affirmative measures:Affirmative measures:

Bounties given by AllahBounties given by Allah

Permission of trade and conducting business, Permission of trade and conducting business, private ownershipprivate ownership

Protective measures:Protective measures:

Prohibition of violating the property of other, Prohibition of violating the property of other, extravagance, theft, misappropriation extravagance, theft, misappropriation

35

WEEK 11WEEK 11

36

Family planningFamily planning

Birth controlBirth control

The use of birth control methods to choose the number and timing of children born into a family

1. To limit the number of children to a very small number (1, 2)2. To distance the occurrences of pregnancies for a specific period of time3. To eliminate the possibility of having children

37

1. To limit the number of children to a very small 1. To limit the number of children to a very small numbernumber::

- This practice is not in line with the general - This practice is not in line with the general guidance from the Qur’an and the Sunnah.guidance from the Qur’an and the Sunnah.

- Following are some examples that appear to - Following are some examples that appear to be discouraging this practice:be discouraging this practice:1. Islam encourages people to have children1. Islam encourages people to have children. . a)a) To marry fertile spouse: To marry fertile spouse:

““Marry women who are loving and fertile (child-Marry women who are loving and fertile (child-bearing), for I shall outnumber the peoples by bearing), for I shall outnumber the peoples by you.”you.”

38

b)b) Rejection of celibacy: “I pray and I sleep; I Rejection of celibacy: “I pray and I sleep; I fast and I break my fast; and fast and I break my fast; and I marry womenI marry women. . Whoever turns away from my way of life is not Whoever turns away from my way of life is not from me.” (from me.” (hadithhadith))

2. Allah has warned about killing one’s 2. Allah has warned about killing one’s children out of fear of poverty. children out of fear of poverty.

39

ك�م� ق� ز� ر� ن� ن و�الدك�م� م�ن� إ�م�الق� نح�وا أ �ت�ل ك�م� وال تق� ق� ز� ر� ن� ن و�الدك�م� م�ن� إ�م�الق� نح�وا أ �ت�ل وال تق�

{ )األنعام: �ي'اه�م� إ { )األنعام: و �ي'اه�م� إ ((151151و““Kill not your children because of poverty - We Kill not your children because of poverty - We provide sustenance for you and for them" (6: provide sustenance for you and for them" (6: 151)151)

ن� ية إ�م�الق� نح� �و�الدك�م� خشوا أ �ت�ل ن� وال تق� ية إ�م�الق� نح� �و�الدك�م� خشوا أ �ت�ل وال تق�

ا 0ط�ئ ان خ� م� ك ت�له� اك�م� إ�ن' ق 'إ�ي م� و ه� ق� �ز ر� ا ن 0ط�ئ ان خ� م� ك ت�له� اك�م� إ�ن' ق 'إ�ي م� و ه� ق� �ز ر� نا) ا)كب�ير0 ({ )اإلسراء(({ )اإلسراء(3131كب�ير0

““And kill not your children for fear of poverty. And kill not your children for fear of poverty. We shall provide for them as well as for you. We shall provide for them as well as for you. Surely, the killing of them is a great sin" (17: Surely, the killing of them is a great sin" (17: 31)31)

40

3. The Prophet (saw) said about 3. The Prophet (saw) said about contraception: contraception: ““There is no harm if you do not do that, There is no harm if you do not do that, because the birth of the child is something because the birth of the child is something pre-ordained.”pre-ordained.”

4. The Prophet (saw) said on 'azl 4. The Prophet (saw) said on 'azl (contraception): That is the secret (contraception): That is the secret way of burying alive.”way of burying alive.”5. It is exploited by anti-Muslims to 5. It is exploited by anti-Muslims to reduce their population.reduce their population.

41

2. To control the To control the timingtiming of births with the of births with the intent of intent of distancing distancing the occurrences of the occurrences of pregnancypregnancy

Contraception:a way of avoiding pregnancy temporarily,

using either artificial methods such as condoms and birth-control pills or natural methods such as avoiding sex during the woman’s known fertile periods.

42

a) One form of contraception was practised a) One form of contraception was practised during the time of the Prophet (saw) while during the time of the Prophet (saw) while the the Qur’anQur’an was being revealed but neither was being revealed but neither the the Qur’anQur’an nor the Prophet (saw) nor the Prophet (saw) prohibited it. prohibited it.

  JabirJabir reported: “We used to practise reported: “We used to practise 'azl'azl (withdrawing the male sexual organ before (withdrawing the male sexual organ before emission of semen to avoid conception) emission of semen to avoid conception) during the lifetime of Allah's Messenger during the lifetime of Allah's Messenger (saw). The news of this practice reached (saw). The news of this practice reached Allah's Messenger (saw), and he did not Allah's Messenger (saw), and he did not forbid us.”forbid us.”

43

- When - When 'azl 'azl was mentioned in the presence of was mentioned in the presence of Allah's messenger (saw) he said: Why do you Allah's messenger (saw) he said: Why do you practise it? They said: There is a man whose wife practise it? They said: There is a man whose wife has to suckle the child, and if that person has a has to suckle the child, and if that person has a sexual intercourse with her she may conceive sexual intercourse with her she may conceive which he does not like, and there is another which he does not like, and there is another person who has a slave-girl and he has a sexual person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to intercourse with her, but he does not like her to have conception so that she may not become have conception so that she may not become Umm WaladUmm Walad, whereupon the Prophet (saw) said: , whereupon the Prophet (saw) said: There is no harm if you do not do that, because There is no harm if you do not do that, because the birth of the child is something pre-ordained.”the birth of the child is something pre-ordained.”

44

b) The Messenger of Allah said: “I intended b) The Messenger of Allah said: “I intended to prohibit cohabitation with to prohibit cohabitation with the suckling the suckling womenwomen to avoid pregnancy within to avoid pregnancy within suckling suckling periodperiod, but I considered the Greeks and , but I considered the Greeks and Persians, and saw that they used to Persians, and saw that they used to cohabit with their suckling wives and that cohabit with their suckling wives and that did not harm their children. Then they did not harm their children. Then they asked him about 'azl, whereupon he said. asked him about 'azl, whereupon he said. That is the secret way of burying alive.”That is the secret way of burying alive.”

45

Conclusion:Conclusion:

The Prophet (saw) The Prophet (saw) did not prohibitdid not prohibit contraception but he contraception but he did not encouragedid not encourage it. it.

- It would be lawful for a couple to use - It would be lawful for a couple to use contraceptive methods if they opt for it, contraceptive methods if they opt for it, provided that:provided that:

- It does not involve - It does not involve pregnancy terminationpregnancy termination..

- It should not be made as a - It should not be made as a general policygeneral policy of a Muslim community as it may be of a Muslim community as it may be exploited by anti-Muslims to affect Muslim exploited by anti-Muslims to affect Muslim communities and turn them to minorities.communities and turn them to minorities.

46

- It should - It should not be imposednot be imposed on anyone by on anyone by anyone, as it is the absolute right of anyone, as it is the absolute right of everyone to have children.everyone to have children.

- It should be practised only with - It should be practised only with the consent the consent of both sidesof both sides: husband and wife.: husband and wife.

47

3. To eliminate the possibility of having 3. To eliminate the possibility of having childrenchildren

Surgical contraception (sterilization)Surgical contraception (sterilization)This method This method of of contraception is done contraception is done

through removing or blocking sex organs.through removing or blocking sex organs.- Vasectomy is a surgical procedure leading - Vasectomy is a surgical procedure leading

to the sterilization of man. It is a procedure to the sterilization of man. It is a procedure that that involves cuttinginvolves cutting, , tyingtying and and sealingsealing both both the tubes running spermthe tubes running sperm from from testicles to the urethra and penis. testicles to the urethra and penis. It is a way to prevent ejaculation It is a way to prevent ejaculation permanently.permanently.

48

- For women, oviducts (tubes that run eggs) are - For women, oviducts (tubes that run eggs) are surgically cut and sealed, preventing an egg surgically cut and sealed, preventing an egg from reaching the womb or from even coming from reaching the womb or from even coming in contact with sperm but allowing ovulation in contact with sperm but allowing ovulation to continue. to continue.

It is also a way to prevent pregnancy It is also a way to prevent pregnancy permanently for women.permanently for women.

- Sterilization is not lawful in Islam. It is against - Sterilization is not lawful in Islam. It is against one of the main objectives of creating the two one of the main objectives of creating the two different sexes; that is to have children and different sexes; that is to have children and cause the continuation of human race.cause the continuation of human race.

49

ل'ى ه� ص 'ول� الل �س د' ر : ر ال اص� ق 'ب�ي وق ع�د� ب�ن� أ ل'ى عن� س ه� ص 'ول� الل �س د' ر : ر ال اص� ق 'ب�ي وق ع�د� ب�ن� أ عن� س

لو� ان ب�ن� مظ�ع�ون� الت'بتFل و ل'م على ع�ث�م لو� الل'ه علي�ه� وس ان ب�ن� مظ�ع�ون� الت'بتFل و ل'م على ع�ث�م الل'ه علي�ه� وسي�نا" )صحيح مسلم: كتاب النكاح(. تص ي�نا" )صحيح مسلم: كتاب النكاح(. أذ�ن له� الخ� تص أذ�ن له� الخ�

Sa'd b. Abi WaqqasSa'd b. Abi Waqqas says: the idea of says: the idea of 'Uthman 'Uthman b. Madh'unb. Madh'un for living in celibacy was rejected for living in celibacy was rejected by the Prophet (saw), and if he had been given by the Prophet (saw), and if he had been given permission they would have got themselves permission they would have got themselves castratedcastrated (sterilized).” (sterilized).”

50

Abdullah b. ‘UmarAbdullah b. ‘Umar said: We used to participate in said: We used to participate in jihad with the Prophet (saw) and we had no jihad with the Prophet (saw) and we had no wives with us. So we said (to the Prophet). wives with us. So we said (to the Prophet). “Shall we castrate (sterilize) ourselves?” But the “Shall we castrate (sterilize) ourselves?” But the Prophet forbade us to do that and after that he Prophet forbade us to do that and after that he allowed us to marry a woman by giving her even allowed us to marry a woman by giving her even a garment, and then he recited: “a garment, and then he recited: “O you who O you who believe! Do not make unlawful the good things believe! Do not make unlawful the good things which Allah has made lawful for youwhich Allah has made lawful for you.”.”

51

Sterilization may be practised under cases Sterilization may be practised under cases of necessity of necessity

- When pregnancy becomes dangerous to the - When pregnancy becomes dangerous to the mother’s life (determined by trustworthy-mother’s life (determined by trustworthy-Muslim doctors) and when other alternatives Muslim doctors) and when other alternatives of contraception have been exhausted of contraception have been exhausted without being effective.without being effective.

- Marriage for tow persons infected with AIDS, - Marriage for tow persons infected with AIDS, HIV.HIV.

52

Human reproduction methodsHuman reproduction methods

1- In vitro fertilization/ IVF (test 1- In vitro fertilization/ IVF (test tube babies)tube babies)

- This is a method of - This is a method of assisted reproductionassisted reproduction in in which which the man’s sperm and woman’s egg are taken the man’s sperm and woman’s egg are taken and then combined in a laboratory dish, and then combined in a laboratory dish, where fertilization occurs. where fertilization occurs.

The resulting pre-embryo is then transferred The resulting pre-embryo is then transferred to the woman’s uterus.to the woman’s uterus.

53

This practice is lawful only when it involves a This practice is lawful only when it involves a

married couplemarried couple while while

the the marriage contract is still valid,marriage contract is still valid, and and

necessary measures are taken necessary measures are taken to prevent any to prevent any manipulationmanipulation of this practice to avoid any of this practice to avoid any lineage confusion.lineage confusion.

54

2- Artificial insemination 2- Artificial insemination

A method of inducing pregnancy in a female mammal by injecting sperm into the womb.

This would be lawful if:This would be lawful if:- If the sperm is taken from the - If the sperm is taken from the legal husbandlegal husband - in a continuing marital life - in a continuing marital life

But if the sperm used is from a third party or one But if the sperm used is from a third party or one who is not a legal husband or from the husband who is not a legal husband or from the husband but after divorce or his death, it will be but after divorce or his death, it will be prohibited.prohibited.

55

3- Surrogacy3- Surrogacy

Surrogate: Surrogate: taking place of somebody or something else.

Surrogate mother:A woman who bears a child for a couple, with the intention of handing it over at birth. She usually either is artificially inseminated by the man or implanted with a fertilized egg from the woman..

56

1-1- The sperm and the egg are taken The sperm and the egg are taken respectively from a respectively from a legitimate husband legitimate husband and wifeand wife. The egg fertilized and then . The egg fertilized and then implanted in the implanted in the womb of another womanwomb of another woman who is not the wife of that man. (uterus)who is not the wife of that man. (uterus)

2-2- The sperm is taken from the legitimate The sperm is taken from the legitimate husband but the husband but the egg is taken from anotheregg is taken from another woman who is not his legal wife. The egg woman who is not his legal wife. The egg is fertilized and then implanted in the is fertilized and then implanted in the womb of his legal wifewomb of his legal wife. (egg). (egg)

57

3-3- The sperm is taken from the The sperm is taken from the legitimate husbandlegitimate husband but but the egg is taken from the egg is taken from another womananother woman who is not his who is not his legal wife. The egg is fertilized and then implanted in legal wife. The egg is fertilized and then implanted in the the womb of the same womanwomb of the same woman from whom the egg from whom the egg was taken. (egg + uterus – same woman)was taken. (egg + uterus – same woman)

4-4- The sperm is taken from the The sperm is taken from the legitimate husbandlegitimate husband but but the egg is taken from the egg is taken from another womananother woman who is not his who is not his legal wife. The egg is fertilized and then implanted in legal wife. The egg is fertilized and then implanted in the the womb of a third womanwomb of a third woman. (egg + uterus – different . (egg + uterus – different women)women)

  

- These four forms are - These four forms are haramharam because in each case a because in each case a third party who is not a legitimate wife is involved.third party who is not a legitimate wife is involved.

58

5- The sperm is taken from a husband who have 5- The sperm is taken from a husband who have more than one wife. The egg is taken from one more than one wife. The egg is taken from one wife. After fertilizing the egg the pre-embryo is wife. After fertilizing the egg the pre-embryo is implanted in the womb of the second wife.implanted in the womb of the second wife.

Regarding this case, most of Muslim scholars Regarding this case, most of Muslim scholars believe it is unlawful also. Although the sperm is believe it is unlawful also. Although the sperm is not strange to the womb since it is the womb of not strange to the womb since it is the womb of his second wife, but the egg is a stranger his second wife, but the egg is a stranger because it is from another woman. because it is from another woman.

Another objection is that the woman who is Another objection is that the woman who is bearing the embryo may conceive from her bearing the embryo may conceive from her husband using her own egg whereas the embryo husband using her own egg whereas the embryo implanted may fail to develop and this may lead implanted may fail to develop and this may lead to confusion: to whom the foetus belongs?to confusion: to whom the foetus belongs?

59

- Marital life is limited to its legitimate parties. - Marital life is limited to its legitimate parties. Any practice that may involve any third party Any practice that may involve any third party (either a man or a woman) in any form (either a man or a woman) in any form (whether in the form of semen, an ovum, an (whether in the form of semen, an ovum, an embryo, or a womb) is unlawful.embryo, or a womb) is unlawful.

- Any interference to violate the contract of - Any interference to violate the contract of marriage by introducing any third party (male marriage by introducing any third party (male or female) by a normal way or a biomedical or female) by a normal way or a biomedical technique is violation of Islamic law. Thus, it technique is violation of Islamic law. Thus, it is forbidden.is forbidden.

60

- Blood relationship is the fundamental basis of - Blood relationship is the fundamental basis of marriage and inheritance in Islam. Any practice marriage and inheritance in Islam. Any practice that may undermine the family ties or create that may undermine the family ties or create lineage confusion is forbidden.lineage confusion is forbidden.

- Destruction of the concept of motherhood- Destruction of the concept of motherhood

- Weakening familial relations- Weakening familial relations

- Confusion in lineage- Confusion in lineage

61

Surrogate fatherhoodSurrogate fatherhoodThis is when the sperm is taken from a man who is This is when the sperm is taken from a man who is

not the legitimate husband of the woman.not the legitimate husband of the woman.

This is forbidden because it involves a person who This is forbidden because it involves a person who is not tied to that woman with a legitimate marital is not tied to that woman with a legitimate marital relationship.relationship.

62

Remedies for barren (infertile) Remedies for barren (infertile) couplescouples

1- Using artificial techniques of fertilization1- Using artificial techniques of fertilization2- Foster parenting2- Foster parentingLegal adoptionLegal adoption foster parentingfoster parenting- Take the name of the - Take the name of the - retains the name of - retains the name of

new family new family his original familyhis original family- May be entitled to - May be entitled to - not entitled/ may - not entitled/ may

be inheritance be inheritance given through will given through will ((wasiyyahwasiyyah) up to ) up to

1/31/3- Not a - Not a mahrammahram

63

WEEK 12WEEK 12

64

Plastic surgeryPlastic surgery

the surgical speciality concerned with the the surgical speciality concerned with the treatment of structural deformity and treatment of structural deformity and disfigurement. It is also involved with the disfigurement. It is also involved with the enhancement of the appearance of a person enhancement of the appearance of a person (beauty).(beauty).

a) Cosmetic surgerya) Cosmetic surgery

b) Reconstructive surgeryb) Reconstructive surgery

65

a) Cosmetic surgery: a) Cosmetic surgery: Performed to reshape Performed to reshape normal structuresnormal structures of the of the

body to improve the body to improve the person’s appearanceperson’s appearance. . Like facelift (a medical operation in which the Like facelift (a medical operation in which the skin of a person’s face is tightened in order to skin of a person’s face is tightened in order to make them look younger) and make them look younger) and attempts to attempts to reverse the signs of ageingreverse the signs of ageing, and surgery of , and surgery of breasts (to increase or decrease the size of breasts (to increase or decrease the size of the breasts). the breasts).

66

‘‘Abdullah reported that Allah had Abdullah reported that Allah had cursedcursed those those women who women who tattootattoo and who have themselves and who have themselves tattooedtattooed, those who , those who pluck hairpluck hair from their from their faces and who have faces and who have their facial hair pluckedtheir facial hair plucked, , and those who make spaces between their and those who make spaces between their teeth for beautification teeth for beautification changing what Allah changing what Allah has createdhas created..

67

Prohibited because of: Prohibited because of:

- Excessive beautification- Excessive beautification

- Entails deception- Entails deception

- Changing creation of Allah- Changing creation of Allah

- Entails dissatisfaction with one’s creation - Entails dissatisfaction with one’s creation

- Pride and show-off- Pride and show-off

- Not needed/ no harm to be removed- Not needed/ no harm to be removed

- Concentration on carnal beauty- Concentration on carnal beauty

- Wasting of money- Wasting of money

68

b) Reconstructive surgery:b) Reconstructive surgery: Performed on Performed on abnormalabnormal structures of the structures of the

body caused by:body caused by:- Congenital defects (defects that exist - Congenital defects (defects that exist

since or before birth): abnormally since or before birth): abnormally turned-out lips, split lips, twisted fingers turned-out lips, split lips, twisted fingers or toes...etc.or toes...etc.

- developmental abnormalities: tumours - developmental abnormalities: tumours (a mass of cells growing in or on a part (a mass of cells growing in or on a part of the body where they should not, of the body where they should not, deformed teeth…etc. deformed teeth…etc.

69

- Injuries: scars left by leprosy or other skin - Injuries: scars left by leprosy or other skin diseases, or scars caused by accidents and diseases, or scars caused by accidents and burns…etc. burns…etc.

This type of surgery may be This type of surgery may be permittedpermitted because because these faults and scars usually cause these faults and scars usually cause physical physical and psychological painand psychological pain to the person inflicted to the person inflicted with them. Moreover, operating on them is with them. Moreover, operating on them is not considered to be changing the creation of not considered to be changing the creation of Allah. Allah.

70

WEEK 14WEEK 14

71

Termination of human lifeTermination of human life

1- Suicide1- Suicideا{ 0يم ح� ان ب�ك�م� ر ه ك 'ك�م� إ�ن' الل س وا أنف� �ت�ل ا{ }وال تق� 0يم ح� ان ب�ك�م� ر ه ك 'ك�م� إ�ن' الل س وا أنف� �ت�ل }وال تق�

((2929)النساء: )النساء:

““You shall not kill yourselves” (4: 29)You shall not kill yourselves” (4: 29)ل�كة�{ )البقرة: �لى الت'ه� ي�د�يك�م� إ وا ب�أ ل�كة�{ )البقرة: }وال ت�ل�ق� �لى الت'ه� ي�د�يك�م� إ وا ب�أ ((195195}وال ت�ل�ق�

““Do not expose yourselves to ruin” (2: 195)Do not expose yourselves to ruin” (2: 195)

72

““And whoever commits suicide with And whoever commits suicide with a a piece piece of iron will be punished with the same piece of iron will be punished with the same piece of iron in the Hell Fire.” (of iron in the Hell Fire.” (hadithhadith))

Narrated Narrated JundabJundab the Prophet said: "A man was the Prophet said: "A man was inflicted with wounds and he committed inflicted with wounds and he committed suicide, and so Allah said: My slave has suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid caused death on himself hurriedly, so I forbid Paradise for him." Paradise for him."

Cause of suicide:Cause of suicide:Overwhelming sense of despairOverwhelming sense of despair

73

2- Euthanasia (mercy killing)2- Euthanasia (mercy killing)

People involved:People involved:

- A patient in a - A patient in a persistent vegetative statepersistent vegetative state who who is awake but is not aware of self or the is awake but is not aware of self or the environment.environment.

- Patient in - Patient in terminal illnessterminal illness who may or may not who may or may not be subject to life-support machine.be subject to life-support machine.

- People suffering from - People suffering from great paingreat pain..

  

74

Types of Euthanasia:Types of Euthanasia:a) Active Euthanasia:a) Active Euthanasia:

An act of commission by taking action that An act of commission by taking action that leads to death, e.g. a lethal injection.leads to death, e.g. a lethal injection.

b) Passive Euthanasia:b) Passive Euthanasia:- Letting a person die by taking no action to - Letting a person die by taking no action to

maintain his life, like stopping giving maintain his life, like stopping giving medications to one whose life is dependent medications to one whose life is dependent on it.on it.

- Withholding medical or surgical procedures - Withholding medical or surgical procedures and life-support systems.and life-support systems.

75

3- Abortion3- Abortion The expulsion of the products of pregnancy The expulsion of the products of pregnancy before the before the foetus is viablefoetus is viable. Any interruption of . Any interruption of human pregnancy prior to the 28human pregnancy prior to the 28 thth week (6 week (6 months) is known as Abortion.months) is known as Abortion.

  

Miscarriage:Miscarriage:

This term is used for the delivery of a nonviable This term is used for the delivery of a nonviable embryo or foetus due to foetal or maternal embryo or foetus due to foetal or maternal factorsfactors..

76

Induced AbortionInduced Abortion

This is made by an elective decision to This is made by an elective decision to terminate the pregnancy through the terminate the pregnancy through the ways and means available. ways and means available.

- If the induced Abortion is performed to - If the induced Abortion is performed to prevent the health or life of the mother, prevent the health or life of the mother, it is called it is called therapeutic abortiontherapeutic abortion..

77

Abortion: lawful or haram?Abortion: lawful or haram?

1- 1- After quickeningAfter quickening (the soul breathed in (the soul breathed in the body)the body)

- Prohibited- Prohibited

- When quickening takes place?- When quickening takes place?

After 120 daysAfter 120 days

After 40 daysAfter 40 days

78

2- 2- Before quickeningBefore quickening (40 days/120) (40 days/120)

- Few scholars: permissible- Few scholars: permissible

- Few scholars: reprehensible - Few scholars: reprehensible

- The majority: prohibited only for justifiable - The majority: prohibited only for justifiable reasons (rape, incest, genetic diseases)reasons (rape, incest, genetic diseases)

Why prohibited?Why prohibited?

- Assault against human life- Assault against human life

- Harmful (mentally, emotionally, physically)- Harmful (mentally, emotionally, physically)

- Ethical impact: encourage adultery especially - Ethical impact: encourage adultery especially among teens.among teens.

79

4. Organ donation and transplantation4. Organ donation and transplantation

Legal justificationLegal justificationAgainstAgainst:: Violation of human body/ dignityViolation of human body/ dignityIn favour:In favour:- And if anyone saved a life it would be as if he saved - And if anyone saved a life it would be as if he saved

the lives of all mankind.” (5: 32)the lives of all mankind.” (5: 32) - Charity- Charity- Necessity dictates exception- Necessity dictates exception- Choice of the lesser evil if both can’t be avoided- Choice of the lesser evil if both can’t be avoided

- Prohibition of sale or exchange- Prohibition of sale or exchange

80

Organs donated:Organs donated:

1- Primary organs essential for life1- Primary organs essential for life

Heart , brainHeart , brain

Brain stem death – keeping some organs Brain stem death – keeping some organs functioningfunctioning

2- Secondary organs essential for life2- Secondary organs essential for life

- Two: kidneys, lungs- Two: kidneys, lungs

- One: liver- One: liver

3- Secondary organs, not essential for life3- Secondary organs, not essential for life

- - IrreplaceableIrreplaceable: hands, ears, nose, legs, eyes, : hands, ears, nose, legs, eyes, etc.etc.

81

4- Other parts of the body4- Other parts of the body- Replaceable: blood, skin, other tissues- Replaceable: blood, skin, other tissues

5- Organs involved in reproduction5- Organs involved in reproductionTesticles, ovary, wombTesticles, ovary, womb

The donorThe donor1- Animals: lawful, unlawful1- Animals: lawful, unlawful2- Humans: 2- Humans:

- Miscarried foetuses - Miscarried foetuses - Aborted foetuses- Aborted foetuses

82

- Children/ minors/ under guardianship- Children/ minors/ under guardianship

- Adults:- Adults:

- Living - Living

- Dead: - Dead:

- explicit acceptance or - explicit acceptance or rejectionrejection

- no will- no will

The recipientThe recipient- Muslim- Muslim

- Non-Muslim- Non-Muslim

83

Transsexual (Transsexualism) Transsexual (Transsexualism) Transgender (Transgenderism)Transgender (Transgenderism)

What is gender?What is gender? The term gender is used to distinguish The term gender is used to distinguish

between what is considered as between what is considered as ‘masculine’ or ‘feminine’‘masculine’ or ‘feminine’

84

What determines gender identity?What determines gender identity?1- Biological factor: sexual organs, physical 1- Biological factor: sexual organs, physical

appearance (shape of the body), appearance (shape of the body), hormones…etc.hormones…etc.

2- Characteristics, attributes, behaviour: Dress, 2- Characteristics, attributes, behaviour: Dress, mannerism, speech patterns, social mannerism, speech patterns, social behaviour and interaction.behaviour and interaction.

3- Psychological factor: The feeling or desire of 3- Psychological factor: The feeling or desire of someone to express his gender identity in a someone to express his gender identity in a form which is not in conformity with their form which is not in conformity with their biological sex.biological sex.

85

Who is to assign gender identity?Who is to assign gender identity?

1. The Creator: the biological gender1. The Creator: the biological gender

2. Can society assign gender identity to 2. Can society assign gender identity to individuals?individuals?

3. Can gender identity be changed based 3. Can gender identity be changed based on mere psychological factors: feeling on mere psychological factors: feeling and desire? and desire?

86

Type of those seek gender/sex Type of those seek gender/sex reassignment (transsexuality)reassignment (transsexuality)

1. Hermaphrodite: one who has both 1. Hermaphrodite: one who has both male and female sexual organsmale and female sexual organs

2. People with hormone disorder2. People with hormone disorder

3. People with mere desire to move to the 3. People with mere desire to move to the other gender (social, family, and other gender (social, family, and psychological factors). psychological factors).

87

WEEK 14WEEK 14

88

Islamic financial Islamic financial marketmarket

89

Basics:Basics:

1- Prohibition of riba (usury/ interest)

2- Prohibition of gambling

3- Prohibition of involvement in prohibited commodities (production, sale, buy)

4- Avoidance of al-Gharar (ambiguities, uncertainty)

90

5- Risk-sharing or help If you want to get profit in this life you have to

accept risk-sharing If you want to get profit in the second life you

help the needy through al-qardh al-hassan

== Application of all transactions which don’t entail the above-mentioned prohibitions

- Islamic banking business runs on the basis of commercial and trading principles.

91

Islamic Financial MarketsIslamic Financial Markets

Vs.Vs.

Conventional Financial MarketsConventional Financial Markets

- Comparison between Islamic and - Comparison between Islamic and conventional financial markets in conventional financial markets in theorytheory and and practice.practice.

92

- Deposits / Accounts- Deposits / Accounts

- Money transfer- Money transfer

- Loans- Loans

93

Credit CardCredit Card

A small plastic card issued to users of the A small plastic card issued to users of the credit credit systemsystem after approval from a provider (bank), in after approval from a provider (bank), in which they will be able which they will be able to make purchasesto make purchases from from merchants supporting that credit cardmerchants supporting that credit card up to a up to a prenegotiated credit limitprenegotiated credit limit. .

When a purchase is made, the credit card user When a purchase is made, the credit card user indicates their consent to pay, usually by signing indicates their consent to pay, usually by signing a receipt.a receipt.

94

- Some services can be paid for over the - Some services can be paid for over the telephone telephone by credit card merely by quoting the by credit card merely by quoting the credit card numbercredit card number, and they can be used in a , and they can be used in a similar manner to pay for purchases from similar manner to pay for purchases from online online vendorsvendors.. (“ (“card not present" transactionscard not present" transactions))

- Each month, the credit card user is sent a - Each month, the credit card user is sent a statement indicating statement indicating the purchases undertakenthe purchases undertaken with the card, and with the card, and the total amount owingthe total amount owing. .

- The cardholder must then pay a - The cardholder must then pay a minimum minimum proportionproportion of the bill by a due date, or pay of the bill by a due date, or pay the the entireentire amount owing. amount owing.

95

Secured Credit CardsSecured Credit Cards

- A secured credit card is a special type of - A secured credit card is a special type of credit card in which you must first put credit card in which you must first put down a deposit between 100% and 150% down a deposit between 100% and 150% of the total amount of credit you desire. of the total amount of credit you desire.

- Thus if you put down $1000, you will be - Thus if you put down $1000, you will be given credit in the range of $500-$1000.given credit in the range of $500-$1000.

- This deposit is held in a special savings - This deposit is held in a special savings account. account.

96

- The owner of the secured credit card is still - The owner of the secured credit card is still expected to make regular payment, as he or she expected to make regular payment, as he or she would with a regular credit card.would with a regular credit card.

- Should he/she default on a payment, the card - Should he/she default on a payment, the card issuer can deduct payments on the card out of issuer can deduct payments on the card out of the deposit. the deposit.

- They are often offered to people as a means of - They are often offered to people as a means of rebuilding one’s credit. rebuilding one’s credit.

- Secured credit cards are available with both Visa - Secured credit cards are available with both Visa and MasterCard logos on them.and MasterCard logos on them.

97

Types of credit givenTypes of credit given

1.1. Some credit card issuers offer interest-free Some credit card issuers offer interest-free periods. periods.

If the balance is paid in full each month (or the If the balance is paid in full each month (or the stipulated period) the interest charges will be stipulated period) the interest charges will be waived. This allows the credit card to serve as a waived. This allows the credit card to serve as a form of revolving credit.form of revolving credit.

If the balance is not paid as stipulated by the If the balance is not paid as stipulated by the agreement on the which the card was issued, agreement on the which the card was issued, interest charges will be imposed on the credit interest charges will be imposed on the credit card holder.card holder.

98

Typically, the rate of interest charges on the Typically, the rate of interest charges on the amount owing is much higher than most other amount owing is much higher than most other forms of debt.forms of debt.

2.2. Some credit providers charge interest on the Some credit providers charge interest on the amount owing from the very beginning. amount owing from the very beginning.

In this case the interest rates are much lower than In this case the interest rates are much lower than those imposed in the first type.those imposed in the first type.

99

Guarantee to merchants:Guarantee to merchants:

- Credit card companies generally provide a - Credit card companies generally provide a guarantee the merchant will be paid on guarantee the merchant will be paid on legitimate transactions regardless of whether the legitimate transactions regardless of whether the consumer pays their credit card bill. consumer pays their credit card bill.

- However, credit card companies generally will not - However, credit card companies generally will not pay a merchant if the consumer challenges the pay a merchant if the consumer challenges the legitimacy of the transaction.legitimacy of the transaction.

100

Benefits to card companies:Benefits to card companies:

1. The interest charges imposed on debts given 1. The interest charges imposed on debts given (from the beginning or after the due date of (from the beginning or after the due date of payment).payment).

2. card companies charge merchants fees/ 2. card companies charge merchants fees/ commission for money transfercommission for money transfer..

3. Annual fees3. Annual fees

101

Credit Card Organizations:Credit Card Organizations:

1. Diners Club (Dinners Club International)1. Diners Club (Dinners Club International)

2. MasterCard (Master Card Incorporated)2. MasterCard (Master Card Incorporated)

3. BankCard (Australian Financial Institutions)3. BankCard (Australian Financial Institutions)

4. VISA (International Service Association)4. VISA (International Service Association)

5. American Express (American Express, NY)5. American Express (American Express, NY)

6. Discover Card (Discover Bank/ Morgan Stanley)6. Discover Card (Discover Bank/ Morgan Stanley)

7. JCB (Japan Credit Bureau)7. JCB (Japan Credit Bureau)

102

Adventages vs. Disadvantages:Adventages vs. Disadvantages:

AdventagesAdventages::

- Conveniency in payment/ no need to carry cash- Conveniency in payment/ no need to carry cash

- Emmidiate availability of (short term) loans in - Emmidiate availability of (short term) loans in case of an urgent needcase of an urgent need

- Avoidance of long procedures. - Avoidance of long procedures. - Face saving in case of need for short - Face saving in case of need for short

loans.loans.

103

Disadvantages:Disadvantages:

- Enhances the culture of borrowing- Enhances the culture of borrowing

- Enhances consumerism: - Enhances consumerism:

- Difficulty in controlling expenses- Difficulty in controlling expenses

- Uunwise use especially by young people- Uunwise use especially by young people

- Suffer the long-term consequences of - Suffer the long-term consequences of carrying high debt.carrying high debt.

- Payment of prohibited interest (- Payment of prohibited interest (ribariba))

104

- Extra burden on consumersThe credit card companies usually prevent the

money transfer fees from being passed on to credit card users the merchants, certainly, don’t bear those fees.

The fees are spread among all customers by adding them to the normal prices.

especially as some credit providers give their users incentives such as frequent flier miles or gift certificates

The credit card users (some individuals) are using a public good without bearing the entire cost of their actions. The costs are borne by others.

105

Debit Card

A debit card is a card which physically resembles a credit card, and, like a credit card, is used as an alternative to cash when making purchases

when purchases are made with a debit card, the funds are withdrawn directly from the purchaser's checking or savings account at a bank.

106

Types of debit card:

1. Online debit cards: use the same underlying technology as ATMs (Canada)

2. Offline debit cards: carry the logotypes of, and can be used in a manner nearly identical to, major credit cards (e.g. Visa or MasterCard).

The use of a debit card in this manner may have a daily limit, with the maximum limit being the amount of money on deposit.

A debit card used in this manner is similar to a secured credit card.

107

A small fee may be charged for "debit" A small fee may be charged for "debit" transactions (often absorbed by the retailer)transactions (often absorbed by the retailer)

from the merchant's standpoint, the merchant pays from the merchant's standpoint, the merchant pays lower fees on a "debit" transaction as compared lower fees on a "debit" transaction as compared to "credit" transactions.to "credit" transactions.

To the consumer, a debit transaction is real-time; To the consumer, a debit transaction is real-time; i.e. the money is withdrawn from their account i.e. the money is withdrawn from their account immediately following the authorization request immediately following the authorization request from the merchant. from the merchant.

108

Ruling on debit /credit cardRuling on debit /credit card

1. Debit card: lawful1. Debit card: lawful

2. Secured credit card: lawful2. Secured credit card: lawful

3. Other credit cards:3. Other credit cards:- It is strictly prohibited for a Muslim/ Islamic bank - It is strictly prohibited for a Muslim/ Islamic bank

to issue interest-based credit cards.to issue interest-based credit cards.- A lot of scholars are of the opinion that signing a - A lot of scholars are of the opinion that signing a

credit card contract and using it is permissible credit card contract and using it is permissible with two conditions:with two conditions:

109

1) that the user is keen and able to pay within the 1) that the user is keen and able to pay within the grace period grace period – – the purchases made don’t exceed the amount the purchases made don’t exceed the amount that one can pay when the bill comes/ within the that one can pay when the bill comes/ within the grace period;grace period;

2) the user will not withdraw cash (because cash 2) the user will not withdraw cash (because cash withdrawal generates interest from the day of withdrawal generates interest from the day of withdrawal and does not have a grace period). withdrawal and does not have a grace period).

110

Justification of permissibilityJustification of permissibility

One is not signing a loan contract with interest but One is not signing a loan contract with interest but he is signing a contract that gives him the choice he is signing a contract that gives him the choice to make the interest applied or not.to make the interest applied or not.

Consequently, if you know for sure that you can Consequently, if you know for sure that you can use it without incurring any interest you make use it without incurring any interest you make the interest clause useless and it is permissible the interest clause useless and it is permissible to sign such a contract and use the card.”to sign such a contract and use the card.”