ATTAINMENT OF PIETY

Qhutba Jumu’a 124^th

Aug. 31^st – 2007 Sha`baan 18^th - 1428

Piety is an act of devotion by following the religious tenets to please Almighty Alloh. In return, the pious becomes a serving slave of Almighty Alloh eligible for His Mercy, Forgiveness and a good life in the Hereafter. Piety in Arab Islamic language is known as Taquwa. The word Taquwa is a derivative of the word ittaqa from the root word "waqa", which means "to be protected from the harmful". Essentially, this is what Taquwa is: a protection from that which harms a person. One who practices Taquwa is called Muttaqi, and plural is Muttaqeen.

Having Taquwa, allows a person to be constantly aware of Almighty Alloh's omnipresence, attributes and a reminder of the relationship and responsibility to Him as his creation and servant. The way to Taquwa is through obedience of Alloh, avoiding disobedience, and striving to stay away from doubtful matters. Taquwa is awareness of Almighty Alloh's presence as one moves through life by following His commands. The example of Taquwa is like that of thorny path. When you see a thorn, you keep away from the thorns because of the fear of getting pricked by it. Similarly when you see a sin (Gunaah), you keep away from it because of the fear of Almighty Alloh. Taquwa's meaning is fear, clinging to obedience to Almighty Alloh and abandoning disobedience to Him. In short, it is the sum of all good.

Elements of Taquwa:

• Consciousness of Almighty Alloh all the time

• Beware of consequential chastisement from Almighty Alloh

• Continual love to Almighty Alloh through devotion to His commands

• Committing to basic tenets of Islam which nourish love to Him

• Expecting and Reaping the benefits from Almighty Alloh

Benefits of Taquwa:

• "Guidance for the Muttaqueen".

• "Truly, (Almighty) Alloh is with the people who have Taquwa".

• "(Almighty) Alloh is the close friend of the Muttaqueen".

• "Truly (Almighty) Alloh loves the Muttaqueen".

• "Whoever has Taquwa of (Almighty) Alloh He will cover over his wrong actions and magnify a reward for him".

Commands on Taquwa:

The word Taquwa has been mentioned in the Qur'an 251 times in many Chapters. This large number of verses related to Taquwa is an indication of the importance of the subject and the dimension that the concept of Taquwa is involved. . Taquwa is the central concept running through the Qur’an.

"Alif. Lam. Mim. This is the book wherein there is no doubt; a guidance unto those who ward off (evil): who believe in the Ghaib (Unseen), and establish Salat (five times prayers), and spend of that We have bestowed upon them: and who believe in that which is revealed unto thee (Muhammad) and that which was revealed before thee, and are certain of the Hereafter" {The Qur’an – Surah Al Baqarah (Chapter: The heifer) 02: 1 – 4}.

"And vie one with another for forgiveness from your Lord, and for a paradise as wide as are the heavens and the earth prepared for those who ward off (evil); those who spend (of that which Allah has given them) in ease and in adversity, those who control their wrath and are forgiving toward mankind; Allah loves the good; and those who, when they do an evil thing or wrong themselves, remember Allah and implore forgiveness for their sins - who forgives sins save Allah only? And will not knowingly repeat (the wrong) they did" {The Qur’an – Surah Ale Imraan (Chapter: The Amramites) 03: 133-135}.

"Oh humankind: We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with (Almighty) Alloh is that who has Taquwa. Verily, (Almighty) Alloh is All- knowing, All-Aware" {The Qur’an – Surah Al Hujaraat (Chapter: The Enclave) 49:13}.

By the sun and its brightness - The moon that follows it - The day that reveals - The night that covers - The sky and Him who built it - The earth and Him who sustains it. "And a soul and Him who perfected it and inspired it (with conscience of) what is Fujoor (wrong) for it and (what is) Taquwa (piety) for it. He is indeed successful who causeth it to grow, and he is indeed a failure who stunteth it" {The Qur’an – Surah Ash Shams (Chapter: The Sun) 91:7-10}.

Conclusion: I request you kindly to look into the concept of Taquwa, and to practice the total meaning of Taquwa in your private life as well as in your public life. If you do so, you will be loved by Allah; you will enter paradise and you will have the best of what is in paradise.

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Esteem of Ramadoan Fasting

Qhutba Jumu’a 126^th

Ramadoan 2^nd 1428 – September 14^th 2007

  "When My servants ask you about Me, I am always near. I answer their prayers when they pray to Me. The people shall respond to Me and believe in Me, in order to be guided" {The Qur’an – Surah Al Baqarah (Chapter: The Heifer) 02: 186].

Introduction:

Ramadoan is constituted in three tens of days. The first ten days are of Mercy so people shall seek Mercy of Almighty Alloh most abundantly. The second ten days of the month are forgiveness thus people shall seek forgiveness by reciting Istaghfar. The 3^rd ten days are safety from the Hell fire so people shall seek freedom from the fire of hell so people shall supplicate for it.

For a fasting person, certain elements of fasting are beautifying for the fast which brings a fasting person closer to Almighty Alloh. Thus, a Muslim fasting person would respect such elements to attain piety and dividends from Almighty Alloh. Such elements are: -

1. Sahrie (Self Feeding before Dawn): Self feeding just before dawn is considered an act of excellence for the benefit of fasting. Such an act is called Sahrie which brings relief to the fasting person and subdues their desire during the time of fasting from dawn to dusk.

Companion Anaes (RTA) narrates a Hadith from The Last Messenger Prophet Muhammad (SAW) in which he advised the fasting people: Eat at Sahrie because it is a source of Barakah (dividend) [Bukharie, Muslim, Tirmidhi, Nasaie, and Ibn Majah].

Companion Abu Sa’eed Qhudri (RTA) narrated that The Last Messenger Prophet Muhammad (SAW) said: Eating Sahrie is a source of Barakah. Thus do not eradicate Sahrie, even if you only sip a mouthful of water at the time Sahrie. Almighty Alloh and His angels proclaim supplication for such a fasting person who values Sahrie by feeding self at the time [Musnad Imam Ahmad].

Companion Amr Bin Aous (RTA) narrated that The Last Messenger Prophet Muhammad (SAW) said: The difference between our fasting and of the people of book is the self feeding at the time Sahrie [Ahmad, Muslim, Tirmidhi, Nasaie, and Ibn Qhuzaima].

Companion Abu Hurairah (RTA) narrated that The Last Messenger Prophet Muhammad (SAW) said: When among you (fasting people) listens to the voice of Azan and feeding pot is in the hand, the feeding man shall not keep away that feeding pot until finishes the feeding necessity [Abu Dawood].

2. Iftar (Breaking of Fast): It is a consolidated opinion among the Muslims that the end of fasting is the time when sun sets and the dusk begins.

Companion Sahl Bin Sa’ad (RTA) narrated that The Last Messenger Prophet Muhammad (SAW) said: The people (in Islam) would be safe as long as they delay the intake of food in Sahrie until the last minute and they rush to break the fast the moment sun sets [Bukharie Muslim].

In another but connecting narration Companion Abu Hurairah (RTA) narrated that The Last Messenger Prophet Muhammad (SAW) said: The religion of Islam would be dominant as long as people would rush to break the fast the moment sun sets. Jews and Christian always delay in breaking the fast [Ahmad, Abu Dawood, Nasaie and Hakim].

3. Control of Tongue: Companion Abu Hurairah (RTA) narrates from The Last Messenger Prophet Muhammad (SAW) who said: The one who does not control his tongue even under the status of Ramadoan fasting and tells lies (kizb) with action upon it then (Almighty) Alloh does not need from him / her to leave his food and drinks [Bukharie, Abu Dawood, Tirmidhi, Nasaie, Ibn Majah].  

Companion Abu Hurairah (RTA) narrates from The Last Messenger Prophet Muhammad (SAW) who said: Fasting (in the month of Ramadoan) is not (only) the name of leaving food and drinks but refraining from gossip and evil talks. If someone abuses you (and you are under fast) or behaves with you with ignorance then you tell him / her that Oh beloved I am fasting [Hakim, Ibn Qhuzaima, Ibn Habban].

4. Act of Charity: Companion Ibn Abbas acclaims that The Last Messenger Prophet Muhammad (SAW) was the most benevolent (charitable) person in the humankind. He (SAW) use to become more charitable when Archangel Gabriel (PBUH) use to visit him during the month of every Ramadoan night. In the nights of Ramadoan He (SAW) use to recite The-Qur’an and He (PBUH) use to listen. At those moments, The Last Messenger Prophet Muhammad (SAW) use to be more benevolent and charitable than the free flowing air [Bukharie].

5. Last Ten Days of Ramadoan: Though all parts of Ramadan are full of blessings and rewards, its last ten days hold a special status reflected in the recommendations and practices of the Messenger (SAW) of Alloh, and his companions.

Ummul Mo’mineen Aishah narrates that during the last ten days of Ramadoan; the Messenger of Alloh would wake his wives up during the night and then remain apart from them (that is, being busy in acts of worship). It is further narrated that "He would strive (to do acts of worship) during the last ten days of Ramadoan more than he would at any other time" [Al-Bukharie and Muslim].

Conclusion:

Sahl Bin Sa`d (RTA): The Prophet (SAW) said, "In Jannah there is a gate which is called Ar-Raiyan through which only those who observe Saum (fasting) will enter on the Day of Resurrection. None else will enter through it. It will be called out, "Where are those who observe fasting?'' So they will stand up and proceed towards it. When the last of them would enter, the gate will be closed, then no one will enter through that gate" [Muslim].

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Financial Interest & Islam

July 27 - 2007 Rajab 13 - 1428

Qamrul A. Khanson

(North American Published Author)

Introduction:

Usury is an extra amount added and charged upon the original amount lended to a debtor by a creditor. Debtor is someone who owes you money. It is the opposite of a Creditor who is someone to whom you owe money. It has been literally understood to refer to the practice of charging financial interest in excess of the principle amount of a loan. The curse upon usury in Islam was well established during the Prophet Mohammed's life and reinforced by several of his teachings in The-Qur’an dating back to 1^st Hijrah (600 AD). The original word used for usury is "Riba" which literally means excess upon the original. Thus we would study what Almighty Alloh has said in The-Qur’an against Riba and what Muslims should do to eradicate "Riba" in their financial system.

The-Qur’anic Commands Against Usury:

"Those who charge usury are in the same position as those controlled by the devil's influence. This is because they claim that usury is the same as commerce. However, God permits commerce, and prohibits usury. Thus, whoever heeds this commandment from his Lord, and refrains from usury, he may keep his past earnings, and his judgment rests with God. As for those who persist in usury, they incur Hell, wherein they abide forever" {The Qur’an - Surah Al Baqarah (Chapter: The Heifer) 02: 275}.

"God condemns usury, and blesses charities. God dislikes every disbeliever, guilty. Lo! those who believe and do good works and establish worship and pay the poor-due, their reward is with their Lord and there shall no fear come upon them neither shall they grieve. O you who believe, you shall observe God and refrain from all kinds of usury, if you are believers. If you do not, then expect a war from God and His messenger. But if you repent, you may keep your capitals, without inflicting injustice, or incurring injustice. If the debtor is unable to pay, wait for a better time. If you give up the loan as a charity, it would be better for you, if you only knew" {The Qur’an - Surah Al Baqarah (Chapter: The Heifer) 02: 276 - 280}.

"Oh you who believe, you shall not take usury, compounded over and over. Observe God, that you may succeed" {The Qur’an - Surah Ale Imraan (Chapter: The Amramites) 03: 130}.

"And for practicing usury, which was forbidden and for consuming the people's money illicitly - We have prepared for the disbelievers among them painful retribution" {The Qur’an - Surah An Nisaa’a (Chapter: The Woman) 04: 161}.

"The usury that is practiced to increase some people's wealth, does not gain anything at God. But if people give to charity, seeking God's pleasure, these are the ones who receive their reward many fold" {The Qur’an - Surah Al Roomi (Chapter: The Roman) 30: 39}.

To preserve faith in this age of "Riba", and to respond appropriately to oppression in the world, the believers must ensure that they belong to the jama'at (community of Muslims) which is struggling against "Riba". The jama’at must function under the leadership of a competent Ameer (leader) who has an adequate knowledge of the subject. The believers must pledge themselves to listen to, and obey that Ameer. They must then conform to the discipline of the jama’at. There is no other way for Muslims to preserve faith in this age of Riba.

Alternative to Riba in Islam:

In order to eradicate Riba in the modern financial system, Islamic financial scholars must come forward with an evolutionary financial system which does not contain elements of "Riba" and enhances chances of financial profits to the creditor and financial support to the debtor. That system must be bound to the Qur’anic teachings and provides a viable alternative to the blood sucking "Riba" system prevalent in the society.

Islam made a clear distinction between trade and Riba where trading is welcomed and Riba is prohibited. Islam does not consider money as a commodity such that there should be a price for its use. Money is a medium of exchange in asset-oriented economy, and a store of value. The prohibition can be expressed in more technical terms by saying that while money is recognized in Islam as a means of exchange it may not lawfully be regarded as a commodity for exchange. The important difference between trade and Riba is that the business risk in trading is allocated more evenly among all the parties involved, whereas in Riba operations the business risk lies heavily, if not solely, on the borrower.

"Murabahah" is the Islamic version of a just or equal profit where no one is hurt nor damaged during business transactions. It is one of the alternatives for a just monetary system. "Murabahah" is a cost-plus contract in which a client, wishing to purchase equipment or goods, requests the Islamic bank to purchase the items and sell them to him at a cost plus declared profit. By this technique a party needing finance to purchase certain goods gets the necessary finance on a deferred payment basis. The finance provider does the purchasing of the required goods and sells them on the basis of a fixed mark-up profit, agreeing to defer the receipt of the value of the goods even though the goods can be delivered immediately. The need for finance of the one in need is thus met.

Let us take an example when Abdul Majeed wants to buy a refrigerator which costs Can. 2000. The Murabahah Company makes an agreement to let him own the required refrigerator today by fixing its price at Can. 3000 payable in ten years time. It means Abdul Majeed pays Can. 300 per anum for the ten years. This will be a "Murabahah".

For the critics of the deal it may be dealt with another system in which Abdul Majeed may pay a part of prime money but to pay an agreed  rental value or proportionate value on monthly basis until Abdul Majeed pays back whole of the Can. 2000. That means Abdul Majeed pays a rent proportionate to the cost payment but nothing from rent is added to the paid up value. The moment whole of Can. 2000 is paid up to the finance Company, the rent becomes nil and Abdul Majeed becomes the sole owner of the refrigerator. Many clauses for the safety and security of refrigerator could be included upon agreement.

"Mudarabah" is a special kind of partnership where one partner gives money to another for investing it in a commercial enterprise. The investment comes from the first partner who is called "Sahibul-Mal", while the management and work is an exclusive responsibility of the other, who is called "Mudarib". Thus Mudarib shall be an honest person with business wisdom for which he/she is being made Mudarib. The Sahibul-Mal shall develop enough confidence on Mudarib to share the profit and loss from the money he / she invested. This is one aspect of "Mudarabah".

In another option to this system, Sahibul-Mal may make a clause by which he loans the money to Mudarib and also includes a clause by which Mudarib shares the profit on an agreed percentage. On the occurrence of a loss, both would share the loss with the same ratio as agreed for the profit.

For an example, Sahibul Mal invested and loaned Can. 200,000 to a Mudarib with a fifty percent each loss and profit clause. The Mudarib gets the profit in lieu of his efforts and Sahibul Mal gets the profit in lieu of his investment or financial services. In case of 10, 000 losses in the business, both share a loss of 5000 each. Thus both pay equal sums to fill the loss while invested money comes back to Can. 200, 000. The loss clause puts an honest pressure on Mudarib to work honestly and dearly to safeguard the invested capital.

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Financial Inflation and Interest

Qamrul A. Khanson

(North American Published Author)

Introduction:

Inflation is defined as a sustained increase in the general level of prices for goods and services. It is measured as an annual percentage increase. As inflation rises, every dollar you own buys a smaller percentage of a good or service. The value of a dollar does not stay constant when there is inflation. The value of a dollar is observed in terms of purchasing power, which are the real, tangible goods that money can buy.

Interest is money a debtor pays in interest to the creditor that holds the mortgage. In a more simple definition the interest is amount the lender is charging you to borrow the money.

So far the question of inflation has not been discussed or mentioned in Islamic Financial System (IFS) and financial interest is also negated on line with usury by which collected Muslim money in bank recedes in value by the passage of time as if it sits idle. The importance of relationship between financial interest and inflation cannot be ruled out because the depletion in value of a prevalent currency is real and financial value of Muslim money would also depend upon it. In order to safeguard such Muslim finances which sit in the bank without an increase in added interest, the coverage of inflation would be nil and the value of Muslim money would go down gradually. A solution has to be found for such a financial stigma.

The Inflation Stigma:

In the absence of any Islamic ruling on the matter of financial inflation and its relationship with financial interest, Muslim finances face stagnation and depletion in values. Such a situation affects mostly those disabled or safe sound individuals who are incapable of making a business to earn profit or lack means to deposit their hard earned currency in an Islamic financial institution for increased profit.

Since inflation exists in our societies, we cannot remain aloof of it. We as Muslims oppose financial interest because it is Riba which should be resisted. But we cannot run away from the fact that inflation and interest are inter related. Runaway inflation is not a monetary phenomenon, the claims of monetarists notwithstanding. It is an interest-rate phenomenon predicated on the linkage to inflation. The price level and the rate of interest resonate with the oscillating money-flows between the bond and the commodity markets. This economic resonance, under the concerted pounding by speculators, ultimately reaches the state of runaway vibration. When the fragile confidence in the value of irredeemable currency snaps, commodities are bought up and all bids for bonds are withdrawn. The rate of interest, together with the price level, reaches astronomical heights. There is no scientific way to predict whether the denouement of the present plight of the world will take the form of a deflation or that of a runaway inflation. We as Muslim economists would oppose every element of runaway inflation but a common inflation shall be tackled to safeguard idle money sitting at homes or banks.

Financial Solutions to Inflation:

The first and foremost solution against inflation to a Muslim is Mudarabah. A simple definition of Mudarabah is it is a form of profit/loss-sharing partnership between two parties in a commercial enterprise. The capital comes from the first partner, the fund provider who is called the Sahibul Mal, while the second partner, the entrepreneur, is called the Mudarib. Historically, in Islamic banking, Mudarabah contracts have been confined to liabilities-based transactions where the depositor provides the funds and the bank will act as a discretionary fund manager in the investment of these funds. The profit-sharing ratio is determined upfront and profit is distributed in accordance with the profit-sharing ratio, say 70:30 between the depositor and the bank respectively. Deposit-based products that are common in the market are the Mudarabah General Investment Account-I and Mudarabah Special Investment Account-I. Losses, if any, are to be solely borne by the depositor unless there is gross negligence on the part of the bank.

Unfortunately, there is no capital protection for the depositor unless a clause is agreed upon by the Sahibul Mal and Mudarib. The key success factor in Mudarabah is trust (Amana) arguably on the part of the Mudarib and the Sahibul Mal stands to lose the capital in the event of failure of the business venture. The capital protection shall be included in a deal which could be done by sharing the profit and loss on certain ratio between Sahibul Mal and Mudarib. Let us not forget, Capital is not free.

Here we emphasise the capital protection for the Muslim who cannot or who is incapable of investing but would like to protect his/her financial assets by keeping it in a commercial bank which is protected by the laws of a resident nation.

Is Bank Interest equal to cover Inflation?

Inflation reduces the purchasing power of money. Each percentage point increase in inflation represents approximately a 1 percent decrease in the quantity of real goods and services that can be purchased with a given number of dollars in the future. As a result, lenders, seeking to protect their purchasing power, add the expected rate of inflation to the interest rate they demand. Borrowers are willing to pay this higher rate because they expect inflation to enable them to repay the loan with cheaper dollars. In an Islamic zone, such a phenomenon is not acceptable because it would amount to Riba based financial charges without any control over it. If an Islamic government institutionalises and regularises such an inflation scenario with strict calculated inflations rates on currencies then it should be accepted as inflation charges not as Riba.

In an un Islamic society, if lenders expect, for example, an eight percent inflation rate for the coming year and otherwise desire a four percent return on their loan, they would likely charge borrowers 12 percent, the so-called nominal interest rate (an eight percent inflation premium plus a four percent "real" rate). The four percent charge by Sahibul Mal (Bank) in this case shall be Riba and cannot be accepted in Islam. When it comes to giving back to the depositors, banks do not give back extra profit to them but the minimum inflation as per their calculations. The bank always play the game of getting more profits to them and that is where they always give less and charge more to balance the extra money well above inflation rate in their accounts.

Borrowers and lenders tend to base their inflationary expectations on past experiences which they project into the future. When they have experienced inflation for a long time, they gradually build the inflation premium into their rates. Once people come to expect a certain level of inflation, they may have to experience a fairly long period at a different rate of inflation before they are willing to change the inflation premium.

Conclusion:

The disabled Muslims, incapable Muslims and less fortunate Muslims who cannot afford to take risks to their finances can deposit their monies to banks where their money would be appreciated by inflation rates without any charge to Riba act. Mind you, banks only pay back the minimum inflation rates applicable and they do not share extra profits based on interest though they may call all monies they give as interest. Even this amount gained as inflation rate is Makrouh while earning in business is one of the best money of all.

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Prostration in Islam

July 20^th 2007 Rajab 06^th 1428

Introduction:

Prostration (Sajdah) in Islam is a recognition that the prostrater (Sajid) is thankful to Almighty Alloh (The-God) only and everything else is negated as deity. The Sajdah means a prostration to Almighty Alloh in the direction of the Ka'aba at Mecca which is usually done during the daily prayers (Salah). Muslims do Sajdah in each prayer many times depending upon the rakah (cycles) of prayer. Rakah can be described as a unit of set actions that have to be performed in a prayer.

Sajdah or Sujood are only made to Almighty Alloh alone and none other. In performing Sajdah during the Salat, Muslims face the Holy Ka’ba in Mecca, Saudi Arabia, but make their Sujood to Alloh not the Ka’ba. Ka’ba is only a united direction that Muslims face as it is the order of Alloh in The-Qur’an. If any person claiming to be Muslim makes a Sajdah to any thing/deity/person other than Almighty Alloh, he is considered a disbeliever (Kafir).

There are numerous things that a Muslim can say during a Sajdah as is evident from the example of the Prophet Muhammad (SAW). Among these are Dua (Supplication), Hamd (praising of Alloh), Tasbeeh (glorfying Alloh) and statements of Muhammed (SAW) which make a person humble. Muslims are not allowed to recite The-Qur’an during Sujood. There are other Sujood which are performed for thankfulness, Recitation, and in lieu of non-obligatory omissions during Salat which are as follows.

Sajdah Ash Shukr:

It is incumbent upon a Muslim to perform Sajdah Shukr when Almighty Alloh honours him with a success either in monetary form or in the form of a position or in spiritual form. Sajdah Ash-Shukr is prescribed for anything that makes one happy, whether it is attaining some benefit or warding off some harm. This is from the Sunnah of the Prophet Muhammad (SAW) that whenever he used to hear news which would make him happy, he would make Sujood for thanking Alloh.

It has been narrated by Abu Huraira (RTA) that The Last Messenger Prophet Muhammad (SAW) use to perform Sajdah Ash Shukr after being honoured with a benefitting news or dividend [Abu Dawood, Tridhi, Ibn Majah].

It has been narrated by Ali Ibn Abi Talib (RTA) that The Last Messenger Prophet Muhammad (SAW) prostrated to Almighty Alloh after he heard that Hamazan has entered into Islamic fold. Then he lifted his head and said: Peace Be Upon Hamazan – Peace Be Upon Hamazan [Baihaqui].

Sajdah At Tilawah:

Sajdah Tilawah is the Sajdah that one has to perform as an obligatory duty when one reads, recites, or hears, in the prayer or outside, some specific verses containing those words. The Last Messenger Prophet Muhammad (SAW) has observed: "Once a person prostrates himself after reading a verse requiring the performance of Sajdah, the devil starts crying and wailing in a corner, saying: 'Alas! The children of Adam were enjoined to perform Sajdah and they carried it out, and become entitled to enter <place>Paradise, but I refused to do so and was condemned to Hell" [Muslim and Ibn Majah].

During the recitation of the The-Qur’an there are fourteen places where when the prophet recited those ayat (verse) he prostrated to Almighty Alloh. So whenever the muslims recite Ayat (verse) from any of those Ayaat, muslims shall prostrate in following the sunnah (example) of The Last Prophet Muhammed (SAW).

"When you have recited a verse requiring Sajdah Tilawah, you should go down for Sajdah (once) with Allohu-Akbar and rise from Sajdah with Allohu-Akbar, which may be performed sitting, though it is preferable to prostrate from the standing position" [Abu Dawood].

If a verse requiring a Sajdah has been recited inside the prayer, the Sajdah has to be performed forthwith, but if the verse is recited outside the prayer, it is preferable to perform Sajdah soon afterwards, but one may perform it later as well. If a verse requiring the performance of Sajdah has been recited in a particular prayer, it is obligatory to perform the Sajdah in the same prayer, neither outside it nor in another prayer. If a Sajdah is omitted in forgetfulness, one should ask Almighty Alloh for forgiveness. If a person hears a verse requiring a Sajdah, being recited by the Imam, but joins the congregation when the Imam has already performed it, he will perform the Sajdah after completing his prayer. There will be no need for performing the Sajdah later if the follower has joined the congregation in the Raka’at in which the Sajdah is performed by the Imam.

Sajdah As Sahu:

During the prayer if a person forgets to do one of the actions of prayer he can make up for certain actions by performing two Sujood at the end of the prayer. This can only be done if specific types of actions are forgotten by the person praying. After completing Tashahhud, Salawat Ala Nabi and Dua in the final sitting position one by saying Takbeer, performs two Sujood, one after the other, peacefully. After the second Sajdah, one has to turn face right and left to complete the prayer in usual way.

When an obligatory part of a Salat is ignored or missed intentionally or unintentionally then Sajdah Sahu will not regulate the Salat. If a semi-obligatory part is missed intentionally then Sajdah Sahu will not regulate the Salat. If a semi-obligatory part is missed by forgetfulness then Sajdah Sahu would rectify the Salat.

The obligatory elements of a Salat are 1) Intention 2) Takbir Tahreema 3) Recitation of Surah Al Fatiha in every Raka’at 4) Rukoo’a 5) Two Sujood in each Raka’at 6) Recitation of Tashahhud in the last Raka’at 7) Salam.

Sajdah Sahu is obligatory when a person omits a Wajib (semi-obligatory) part of Salat, or if a person causes undue delay in performance of a Wajib or Fard part of Salat, or if a person repeats or overdoes something,  or if a person recites The Qur'an audibly where it should be recited inaudibly or vice-versa, or if a person forgets to stand in Qauma or to sit in Jalsah, if a person forgets to observe the first sitting (Qua'dah Oula) and stands up, he should not resume the sitting position on remembering the mistake, but should complete the prayer and perform Sajdah Sahu.

The Sajdah Sahu is obligatory when 1) Salam is done before the completion of Salat 2) When Raka’at is performed in excess of recommended 3) When 2^nd Raka’at Tashahhud is forgotten with Jalsah and 4) in the presence of uncertainty.

However, if he realizes his mistake before standing up fully, he should sit down and need not perform Sajdah Sahu.

Conclusion:

Sajdah is for The-God by The-God recognizing and loving monotheistic people. The monotheistic people are Muslims by their belief and worship to one God and recognize the mode of Sajdah through the teachings of The Last Messenger Prophet Muhammad (SAW).

It is compulsory for all the sane and eligible Muslims to make Sujood as part of their five times obligatory prayers. It is also a necessity to make Sujood for the purpose in Salat Al Hajaat and other forms by which mercy of Almighty Alloh is sought by a prostrater (Sajid).

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INSURANCE AND ISLAM

Jamadiut Thani 21 - 1428 / July 06 - 2007

Shifts (of angels) take turns, staying with each one of you - they are in front of you and behind you. They stay with you, and guard you in accordance with (Almighty) Alloh’s commands. Thus, (Almighty) Alloh does not change the condition of any people unless they themselves make the decision to change. If (Almighty) Alloh wills any hardship for any people, no force can stop it. For they have none beside Him as Lord and Master {The Qur’an – Surah Ar Ra’ad (Chapter: The Thunder) 13:11}.

Introduction:

Most of we Muslims living in western nations hesitate to entertain certain benefits available in the form of insurance, covering our lives, properties, education and social existence. The well-to-do people with the cooperation of professional scholars have an obligatory duty towards their compatriots in Muslim community to find a solution to their insurance problems otherwise Almighty Alloh does not change the condition of any people unless they strive to change their own condition. Insurance as it means is needed for every citizen but it shall work within the norms of Islamic Jurisprudence.

Insurance in general understanding is a mechanism for indemnifying or guaranteeing an individual against financial loss. Reimbursement is made from a fund to which many individuals exposed to the same risk have contributed certain specified amounts, called premiums. Payment for an individual loss, divided among many, does not fall heavily upon the actual loser. The essence of the contract of insurance, called a policy, is considered mutuality but people share the loss willingly or unwillingly.

The root of insurance is traced back to <place>Babylonia in the Code of Hammurabi (2100 B.C.). The Phoenicians and the Greeks applied a similar system to their seaborne commerce. The Romans used burial clubs as a form of life insurance, providing funeral expenses for members and later payments to the survivors.

In recent years insurance premiums have increased rapidly, leaving unprecedented numbers of North Americans uninsured. The conventional insurance prevalent in the society is not juristically accepted by Muslims. It is generally argued by Muslim Jurists that the operation of conventional insurance does not conform to the rules and requirements of Islamic Shariah. The Muslims ought to understand, why the conventional insurance is not acceptable and what should be done to evolve an insurance system which is juristically accepted in Islam. Muslims well-to-do individuals and scholars must come with a solution with an economically feasible concept of insurance otherwise Insurance as a social necessity cannot remain an individual’s matter and the community leadership as a whole would be responsible in the court of Almighty Alloh for any divine consequences because of Muslim’s leverage towards conventional insurance.

Conventional Insurance:

In view that the present-day practice of conventional insurance is not in conformity with the requirements of Shariah, Muslim scholars had to look into an alternative system which would conform to such requirements. According to the scholars, the business of insurance is based on a buy-and-sell contract which however does not fulfill the characteristics of a buy-and-sell contract according to Islam.

An Islamic buy and sell contract is conducted to make profit, where making profit is certainty otherwise the very purpose of the business is lost. The assurance of making profit makes a business go ahead of the deal. Such a business, where perishable nature of goods, natural disasters affecting the matter and unforeseen factors beyond human control do provide a clause of risk factors which should be tackled. For a business person, such factors are squeezed to the minimum so that loss does not occur. However, risk factors are acceptable to certain minimum degree beyond that the business shall not proceed in order to avoid the failure. Such risk factors must be covered under an Islamic insurance contract where Aaqid, Ma’aqud Alaih and Sighah should be well defined but in conventional insurance Ma’aqud Alaih is an uncertain factor.

Such a so called buy-and-sell contract essentially has three characteristics, namely parties to the contract (Aaqid), subject matter to the contract (Ma’aqud Alaih) and acceptance of the offer (Sighah). In particular, the scholars examined the subject matter of the contract which they concluded as a buying-and-selling transaction the operation contains unknown and uncertain factors. In the absence of factors like certainty of a matter or major degree of expectation on the matter would make the contract not a business deal but a deal based on chance. The uncertainty of the subject matter would result in the presence of the element coined as `Gharar’. The presence of Gharar would make the contract islamically void.

Gharar is present in a contract of non Islamic sale when the buyer does not know what he is buying or the seller as to what he is selling. Gharar thus includes both ignorance over the material attributes of the subject matter and also uncertainty over its availability and existence. There is general agreement to the effect that excessive concerning the object of sale renders the transaction invalid. Ibn Jauzy (RUA) has stated that Gharar is prohibited by the Sunnah and it must be avoided, unless it is very little in which case it is tolerated.

Gharar is present in a non Islamic buying-and-selling operation when sale or purchase of goods or services which are non-existence; sale or purchase of goods or services which are in existence but cannot be delivered to the buyer but its form, value and timing of delivery cannot be determined and known at the time when the contract was made. In the case of an Un-Islamic insurance policy, the insured company guarantees to pay a certain sum of compensation in the event of a catastrophe or disaster, but the policyholder in the first place does not know, for example of when such catastrophe or disaster is to occur as well as the amount of the compensation that the company will pay him. Nor would he have any knowledge of the 'source of the compensation'.

The scholars further viewed that as a consequence of obtaining compensation or proceeds from a financial transaction which contains the element of Gharar would lead to the practice of `Maisir’ or gambling. Indeed the whole business is said to have semblance of gambling as profit or loss would very much depend on 'chance'.

In this regard, the operation of an insurance system acceptable to the rules and practices of Shariah must not be based on buy-and-sell contract. The subject matter of the contract under this system must be definite, clear and transparent so that it is known to all parties of the contract. The obligations and responsibilities under the contract are clearly known to both parties. In addition, a buy-and-sell contract which is lopsided in favour of one party at the expense of the other contracting party is viewed as Gharar too. A financial contract in which one party has to forfeit his capital or contribution in the event of cancellation prior to the maturity or expiry of the contract resulting in the loss of the capital, as in the example of no refund of premium when a policyholder surrenders his insurance policy would be considered as Gharar.

Al-Maisir: Maisir means a game of haphazard in all matters-particularly a game of chance.

They ask thee (Oh Prophet) about Qhamr (intoxicants) and games of chance (gambling).  Say:  In both of them there is great harm although there is some advantage as well in them for men, but their harm is much greater than their advantages [The Qur’an – Surah Al Baqarah (Chapter: The Heifer) 02:219].

Oh ye, who believe, verily wine and games of chance and divining devices are abomination (scandal) of Satan’s work.  Avoid them that ye may prosper.  Only would Satan sow hatred and strife among you, by wine, and games of chance, and turn you aside from the remembrance of (Almighty) Alloh, and from Prayer: Will you not, therefore, abstain from them? {The Qur’an – Surah Al Maa’idah (Chapter: The Table Spread) 05:90, 91}.

From the above Verses of the The-Qur’an, it is obvious that games of chance (Maisir) entail great sin and promises petty benefits and the Maisir is an abominable act of Satan.    It is, therefore, imperative to avoid gambling in order to achieving success and happiness.  Satan sows in our hearts the seeds of enmity and hatred against one another and turns us aside from the remembrance of Almighty Alloh and His worship by means of games of chance.  Its prohibition has, therefore, been declared obligatory. 

Al-Riba: Riba has been described as a loan with the condition that the borrower will return to the lender more than and better than the quantity borrowed. As Muslims, our main concern when it comes to financial transactions is to avoid Riba in any of its forms, despite the fact that the basic foundation of the world economics and finance today is that of Riba and dealing in usury. The Prophet (SAW) has foretold us of a time when the spread of Riba would be so overwhelming that it would be extremely difficult for the Muslim to avoid it. This situation calls for Muslims to be extra cautious before deciding on what money payment of financial methods to use in any personal or business transaction.

Those who eat Riba (usury) will not stand (on the Day of Resurrection) except like the standing of a person beaten by Satan leading him to insanity. That is because they say: "Trading is only like Riba (usury)," whereas Alloh has permitted trading and forbidden Riba (usury). So whosoever receives an admonition from his Lord and stops eating Riba (usury) shall not be punished for the past; his case is for Alloh (to judge); but whoever returns [to Riba (usury)], such are the dwellers of the Fire - they will abide therein {The Qur’an – Surah Al Baqarah (Chapter: The Heifer) 02: 275}.

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