Fairness in the muslim slaughtermen Workplace "Slaughterhouse"and the brother partnerships sunnah.

 

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Assalamu waleikum,




Islam is a religion that believes in freedom, justice and

equality. Islam is an Arabic term meaning peace and

submission to the Will of Allah (God). Islam is a way

of life that encompasses every aspect of a Muslim’s life at

home and abroad, at all times. Fairness and equity are a

part of that way of life. Allah (God) said in the Holy

Qur’an, “Give full measure when you measure out and

weigh with a fair balance. This is fair and better in the

end.” (17:35)

Islam is not a religion that is against individuals seeking

financial wealth. In the Holy Qur’an, God said, “And

when the prayer is ended, disperse abroad in the land and

seek of God’s bounty.” (62:10) But the Holy Qur’an is

also clear that wealth will not save a person who has

strayed from the path of submission and righteousness.

For men and women to earn an honest living is honorable,

regardless of how great or minimal the work

appears. “Every man must earn his own living and every

profession is therefore honorable, even that of a hewer of

wood. A person may follow any worldly pursuit that he

likes, but duty to Allah shall take precedence of all other

duties,” said one Muslim scholar. “No one eats better

food than that which he or she eats out of the work of

their hand,” the Prophet reportedly said. This simply

means that the humblest work carries with it dignity.

Islam is against discrimination, intolerance and injustice

in the workplace. Prophet Muhammad (PBUH) said,

“When you hire, compensate the workers and treat them

fairly.” And on another occasion, the Prophet said,

“Compensate the worker before the sweat dries.”

There is a heroic aspect of Islam that compels Muslims to

fight to ensure that people can work with dignity, free

from oppression. “O you who believe, Stand out firmly

for justice, as witnesses to Allah, as against yourselves, or

your parents, or your kin; and whether it be against rich

or poor: For Allah can best protect both. Follow not the

lusts (of your hearts), lest you swerve, and if you distort

justice or decline to do justice, verily Allah is well

acquainted with all that you do.” (4:135)

Prophet Muhammad, peace and blessings of Allah be on

him (PBUH), established Islam as a revolutionary force.

The Prophet fought against injustice wherever he found

it. He was a man for the oppressed, for the poor, the

orphan and the widow; he spoke up for the rights of

women and pulled down leaders who ruled in selfish

avarice and greed. He fought valiantly even against his

own family members when necessary.

In Islam, no person is better due to status or wealth. No

matter whether rich or poor, Muslims are encouraged to

treat everyone equally, with justice and fairness, because

only Allah (God) is great. “None of you has faith unless

you love for your brother what you love for yourself,”

said the Prophet.

Regardless of creed, class or color, Islam demands that

people treat each other justly, equally, truthfully and with

dignity, honor and respect.

Some Selected Verses from the Holy Qur’an

and Hadith on Fairness in the Workplace

“O you who believe, Stand out firmly for justice, as witnesses

to Allah, as against yourselves, or your parents, or

your kin; and whether it be against rich or poor: For

Allah can best protect both. Follow not the lusts (of your

hearts), lest you swerve, and if you distort justice or

decline to do justice, verily Allah is well-acquainted with

all that you do.” (Holy Qur’an 4:135)

Allah (God) said in the Holy Qur’an: “Give full measure

when you measure out and weigh with a fair balance.

This is fair and better in the end.” (Holy Qur’an 17:35)

Prophet Muhammad (PBUH) said, “When you hire,

compensate the workers and treat them fairly.” And on

another occasion, the Prophet said, “Compensate the

worker before the sweat dries.”

“I have forbidden oppression for Myself and have

made it forbidden amongst you, so do not oppress one

another.” (Hadith 24 of Forty Hadith by An-Nawawis)

“None of you has faith unless you love for your brother

what you love for yourself.” (Hadith 13 of Forty Hadith

by An-Nawawis)

“Do not envy one another; do not inflate prices one to

another; do not hate one another; do not turn away from

one another; and do not undercut one another, but be

you, O servants of God, brothers....” (Hadith 35 of Forty

Hadith by An-Nawawis)

Work and Production and Selections on the Labor Law in Islam -



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Islamic law work today.



In other words, Rauf said, the Muslim world needs an "Islamic bar association."



General Principles of Islamic Law and Their Practical Application for Islamic Work

Explanation of Hadith on the Foolish, in Bukhari

Question:



Please explain the following hadith:



I heard the Prophet saying, "In the last days (of the world) there will appear young people with foolish thoughts and ideas. They will give good talks, but they will go out of Islam as an arrow goes out of its game, their faith will not exceed their throats. So, wherever you find them, kill them, for there will be a reward for their killers on the Day of

Resurrection." (Bukhari: 6-61:577)



Who, exactly, was the Prophet (SAW) referring to in this tradition? How should Islamic workers/activists understand this hadith in relation to the da'wah? What is the hukm on the last sentence of the hadith?

Answer:



In the Name of Allah, Most Merciful and Compassionate

This hadith has been related by both Bukhari and Muslim in their

compilations of rigorously authenticated hadiths. Imam Nawawi

explains in his commentary on Sahih Muslim that the people being

referred to in the hadith are seemingly pious Muslims who rebel

against the rightful ruler of the Muslims by taking up arms against

him. The most prominent historical example was the Khawarij, an early

Muslim sect that declared major companions and their rightful

supporters to have left Islam, and used this as a justification to

take up armed struggle against them. The hadith is a true prophecy

with respect to the Khawarij, and, as explained by Imam Nawawi,

applies to other similar groups of Muslims who oppose the mainstream

Muslims and take up arms against them. The instruction in the hadith

to kill such people is an instruction to Muslim rulers to gather an

army to forcibly quell such rebellions.

This is how classical scholars have understood the above hadith. This

hadith does not in any way justify individual Muslims' causing civil

discord by taking the law into their own hands and go about spilling

blood, nor does it justify the terrible acts of violence and terror

that are committed in the name of Islam by the ignorant.

And Allah knows best.



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There is an original approach to researching issues of Islamic work being used today by writers in the field, and that is to study these issues in the context of various legal or juristic principles. The impetus for developing such an approach has been the need to give many questions of contemporary Islamic work a proper grounding in Islamic Law, especially in light of the many unusual ideas and approaches that have recently surfaced in the practice of Islamic workers. Illuminating these efforts by sound Islamic legal principles can contribute to the accuracy of decision making in the field of Islamic work. These legal principles are also a fertile source from which new ideas can be developed and tested and from which useful parallels may be drawn.



Research into Islamic work that is conducted under the shade of the principles of Islamic Law or those of Islamic jurisprudence can provide original results that are accurate and that have a solid foundation in Islamic Law. This affords the efforts of Islamic workers with a degree of authority, since the major principles of Islamic Law enjoy the acceptance of the vast majority of jurists, and since recourse to these principles will make it easy for Islamic workers to quickly identify unacceptable practices that have come about only because of a lack of understanding, ignorance, or personal predilections.



To the extent of my knowledge, this approach to writing in the field of Islamic work is relatively new, though it has not been wholly neglected in the past. In all of this, however I am only talking about contemporary scholarship, since classical writers discussed various questions of Islamic work under the auspices of numerous other fields. Perhaps, this is because the need to conduct research into Islamic work as a discipline in its own right – as is the case today – has been dictated by the growing tendency for specialization.



Among the writings that I have come across that have taken this approach are Dr. Muhammad Abû al-Fath al-Bayânûnî's valuable book Islamic Legal Principles and their Role in Guiding Islamic Work , Dr. Muhammad Qabbâtî's The Islamic Laws of Earning wherein some practical applications for Islamic work are dealt with, and Nâsir Darwish's Principles of Islamic Law to Guide the Islamic Revival .



What I wish to contribute to this approach is to look directly at the reality of Islamic work as a practical, living example of Islamic legal principles in action.



Before embarking upon this endeavor, I must draw attention to two important points. The first is that Islamic work – the act of inviting people to Allah – is an act of devotion and worship. It is a pursuit that emanates from Islamic Law. Therefore, it is incumbent for us to review our practices to verify that our work in this field stems from genuine Islamic principles and is not just something that we have inherited from the practices of those who came before us. As long as Islamic work is a form of worship, it must be in accordance with what Allah wants from us.



The other point that needs to be made from the outset is that the practical applications of Islamic legal principles that are presented in this paper are the result of juristic discretion ( ijtihâd ). They are, therefore, open to review and subject to criticism. They can be discarded, supplemented, and amended. They are also subject to reassessment in light of their suitability for the various environments wherein Islamic work is conducted. Each environment brings its own, unique challenges that require us to use our juristic discretion to derive from the general principles of Islamic Law the proper Islamic rulings for the situation at hand.



For our purposes, a general principle of Islamic Law is defined as: a universal legal ruling or proposition from which are understood the particular legal rulings that are derived from it. [al-Bûrnû, al-Wajîz fî al-Qawâ'id al-Fiqhiyyah al-Kulliyah (16)]



The First Principle: Matters are to be considered in light of their objectives



There is evidence for this principle in the Prophet's statement: “Actions are but by intention, and a man will have only what he intended.” This hadith is of paramount importance. Indeed, some scholars have claimed that it has implications for at least seventy different branches of knowledge. Others have said about this hadith that it comprises a third of all knowledge.



Application of this principle:



1. Since Islamic work – calling people to Allah – is an act of devotion by which nearness to Allah is sought, an Islamic worker must have a correct intention. It is imperative that the crux of one's participation in Islamic activities and commitment to them is founded on a sound and sincere basis.



2. A person must ask himself why he is motivated to engage in Islamic work. Is he motivated by a desire for fame, material gain, cultural enrichment, or amusement? Or is he truly seeking to fulfill his duty to his Lord? Each person will be recompensed only in accordance with his intention. The more pure and noble the intention – and this varies depending on how beneficial it is for the person and for his community – the better the recompense and reward.



3. When we give attention to someone with particular talents or sponsor him, we must honestly assess why we are doing so. Is it merely because of our personal liking for that person or our desire to compete with our colleagues? Or, ideally, is it like Abû Hanîfah's sponsorship for Abû Yûsuf, where he supported him financially for ten years so he could devote himself to the pursuit of knowledge and as a result became one of the world's greatest judges and most preeminent legal scholars?



4. Someone might wrong you while you are engaged in Islamic work and not even realize he has done so or not understand just how badly he has offended you. He should not be treated in the same manner as someone who deliberately set out to harm you and fully appreciates how much he has offended you. It is absolutely necessary that you take his intended purpose into consideration. It behooves us to mention that ideally, a person engaged in Islamic work should really not be bothered with what others have to say as long as it does not affect his progress in what he is doing. Since he is not in it for himself, he should not worry about following up everything that others might have to say about him.



5. Islamic workers must be constantly vigilant against the tendency – that so often can creep upon them unawares – to make a display of their own knowledge at the cost of berating the knowledge possessed by others. Al-Ghazâlî calls our attention to this problem when he writes:

The scholar, when engaged in Islamic work, might take pride in himself by virtue of his knowledge and the ignorance of others. It might be that his motivation is conceit, to display his distinctiveness by grace of his knowledge and to berate his colleague by the disgrace of his ignorance… This is a seriously ignoble act with disastrous repercussions. It is a deception from Satan that every person succumbs to save those whom Allah makes aware of their own shortcomings and illuminates their vision with guidance. For indeed, in passing judgment against others a person finds great pleasure for himself. [ Ihyâ' `Ulûm al-Dîn (2/358)]

However, al-Ghazâlî also suggests a way for us to identify what our true motives are. He writes:



There is a test, and a way a person engaged in calling others to account can use to examine himself. It should be more beloved to him that a person should abstain from wrongdoing of his own accord or because someone else has called him to account for it than it is for him to have to go forth and undertake to call that person to account. If the duty of calling to account is uncomfortable and burdensome to him so that he would prefer that someone else would fulfill it, then his motivation for carrying it out is truly for the sake of the religion and he is in a good way. Conversely, if he does not like that some other person of knowledge or Islamic worker would carry it out instead of him, then he is only pursuing his desires, seeking to assert his own prestige by way of his calling others, so he should fear Allah in the matter and straighten himself out first. [ Ihyâ' `Ulûm al-Dîn (2/358)]

Sheikh Sâlih b. Humayd expresses some criticism for al-Ghazâlîs statement that “it should be more beloved to him that a person should abstain from wrongdoing of his own accord or because someone else has called him to account for it than it is for him to have to go forth and undertake to call that person to account.” He writes:



This is questionable in my opinion, especially if we consider the words of the Prophet (peace be upon him): “I swear by Allah; that for Allah to guide, through you, a single soul is better for you than the finest red camels.” [ Sahîh al-Bukhârî and Sahîh Muslim ] The competition with others that is going on here is in the pursuit of goodness.



Then we must consider Allah's words: “And who is better in speech than he who invites to Allah and works righteousness?” [ Sûrah Fussilat : 33] A person should endeavor to maintain his sincerity and pure intentions. [ Ma`âlim fî Manhaj al-Da`wah (28-29)]

6. In his book entitled al-Adhkâr (The Devotional Remembrances), al-Nawawî devotes an entire chapter to the topic “Slander of the Heart”, wherein he says the following:



If your heart is beset with an evil suspicion about someone, then this is from the whisperings of Satan. You should deny him, since he is the vilest of sinners, and indeed Allah says: “If a sinner comes to you with some news, verify it, lest you should harm some people in ignorance and, in doing so, have something to regret.” [ Sûrah al-Hujurât : 7]



It is not permissible to believe Satan. If there is some sign indicating that a person is engaged in sinful behavior while the possibility remains that it is otherwise, then rather ignore it, consider it problematic, and keep yourself from according it any recognition or respect or availing it in any way. Indeed Satan draws near to your heart with the least thought of people's wrongdoing, deluding it that this thought comes from your insightfulness, intelligence, and alertness.



A believer regards things with the light of Allah, and he is ever vigilant to verify the truth, cognizant of Satan's deceptiveness and darkness…No matter how much reason you are given to think ill of a Muslim, strengthen your recognition of that person and the respect you must accord him, for indeed this diminishes Satan's influence and repels him from you, so that he will refrain from casting such suspicions your way out of the fear that it will cause you to offer supplications for that person. [ al-Adhkâr (465-466)]

This is a brilliant concept that I hope Islamic workers and educators can take to heart and instill in the hearts of others. This is far better than the hatred and ill will that brings ruin so many hearts and incites so much enmity and rancor.



7. Advice is something to be given purely for the benefit of the one being advised. It must stem from sympathy and mercy. The person offering advice must do so for the sake of Allah. There is almost no difference between advice and the mere utterance of words aside from the intent behind it. How different is the intention to give someone advice from the intention to disgrace and dishonor someone, and how woeful it is for someone to let himself get these two motives confused.



The Second Principle: That which is established with certainty is not removed by doubt



This important principle is applied in every area of Islamic Law. It is estimated that the questions that are derived on its basis comprise three-fourths of all legal rulings. [Al-Suyûtî, al-Ashb wa al-Nazâ'ir (51). See also: al-Bûrnû, al-Wajîz fî al-Qawâ'id al-Fiqhiyyah al-Kulliyah (169)]



There is evidence for this principle in the Prophet's statement: “If one of you feels something in his stomach that makes him wonder if anything had passed from him, he should not leave the mosque until he either hears or smells something.” [ Sahîh Muslim ]



Al-Nawawî comments:

This hadîth sets forth a principle of Islam and a major axiom of Islamic Law, which is that things are legally assumed to remain as they are unless and until it is established with certainty that they are otherwise. Extraneous doubts are of no consequence. [ Sharh Sahîh Muslim (4/49)]



Application of this principle:



1. Any judgment made upon an individual, a group, or an organization must be subjected to a general, systematic, and rigorous process of verification. Unfortunately, the application of this process is not evident among certain groups engaged in Islamic work. This is especially the case when allegations are many and the sources of those allegations are highly respected. However, a Muslim is supposed to have a methodology that sets him apart from others; he does not speak injuriously of innocent people and he does not pass on any news that he is unsure of.



2. A Muslim takes it as a given that the initial presumption that must be had regarding another Muslim is one of innocence and good character. It is enough for us that Allah has not burdened us with investigating the affairs of others to find out what they have said and done. Allah says: “Each soul, for what it has earned, will be held to account.” [ Sûrah al-Mudaththir : 38]



The most despicable fate will befall us if we let Satan succeed in making us his instruments in spreading false witness. This problem is aggravated when the speaker of such a statement is one who is held in high esteem by those who love him and listen to him.



It is regrettable that much of the news that you hear among those engaged in good works falls within the gray area between certainty and doubt. However, in these circles there is a strong impetus for neglecting the verification of such things, like the desire to be the first to get the news across, or a desire to be seen as well informed, well connected, and on top of things.



3. The tendency to get carried along on the tide of uncertainties and doubts has destructive effects for Islamic work. One of these effects is that the circulation of rumors weakens Muslim solidarity. Often, such rumors target the people who are most prominent and who are noted for representing good, people who have influence and are held in high esteem the community. This brings about a lot of discontent and division. The severance of our unity, of course, pleases Satan to no end.



Another evil consequence of this is the loss of public confidence in Islamic workers and those people in society who are working for moral reform.



The tendency to pursue doubts also leaves the door wide open for the enemies of Islam to pit people of truth against one another, ensuring that they will never become united and strong. They give us rope to hang ourselves by introducing rumors in our midst. Indeed, they have proven to be experts at this rumormongering since the time of `Abd Allah b. Saba ' and up to this day.



We need to employ in our decision making a systematic and rigorous process of verification that relies upon solid evidence, analysis, and hard factual data, as opposed to emotional responses that are less a solution to our problems than they are a reaction to them. Otherwise, many of the solutions that we propose will only tend to aggravate those problems further.



The Third Principle: The presence of difficulty requires that allowances be made to effect ease



This principle embodies the fact that Islamic Law is built upon achieving ease and not upon imposing hardships. Whenever difficulties present themselves, the Law makes provisions to facilitate matters. The condition for such measures to be taken is that the difficulties are real and not imagined.



Allah says: “Allah intends for you ease and does not intend for you hardship.” [ Sûrah al-Baqarah : 185]



The Prophet (peace be upon him) said: “You have been sent forth to make things easy, not to impose difficulties.” [ Sahîh al-Bukhârî ]



`A'ishah said: “The prophet (peace be upon him) had never been given the choice between two things except that he would choose the easiest of the two, so long as there was no sin in it.” [ Sahîh al-Bukhârî ]



Application of this principle:



1. Ease of style and the conveyance of glad tidings are the rule in inviting to Allah. This means that all pretension, harshness and imposition must be avoided. Whatever people find difficult or show an aversion to should be overlooked as long as Islamic Law does not impose those things upon them. We must review our approaches to Islamic work. Some of those approaches impose difficulties that may be lightened. Left alone, some of them might bring about the opposite of what is desired from them.



For example, while participating in an educational program for the school system, I observed firsthand the commonly known fact that the ability of students to absorb information from a lecture decreases proportionally with the length of the lecture. If the lecture persists for more than an hour, information absorption practically grinds to a halt, especially with younger students. This is true when the lecture is dry and traditional, without anything novel introduced to stimulate interest and facilitate understanding. This requires us to reevaluate our approach, so we can avoid these difficulties that we already know are inherent in our present way of doing things and make our efforts more effective.


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2. When a teacher or Islamic worker finds the aptitude of those to whom he is imparting instruction is less that what might be desired, he should not become neglectful of his own efforts on the pretext that the students are not up to par. Society is in dire need of all of its sons and daughters. If we were to impose such strict conditions on the people whom we are willing to instruct, many places in our society will be in want of people to serve them. What Islam wants from us is to guide others to what is right as much as we can.



3. An Islamic worker will inevitably run up against some obstacles that will impede him in his efforts. Allah says: “Do the people think that they will be left to say ‘We believe' and they will not be tried? But We have certainly tried those before them, and Allah will surely make evident those who are truthful, and He will surely make evident the liars.” [ Sûrah al-`Ankabût : 2-3]



Such obstacles prevent the Islamic worker from carrying out the duties that are demanded of him, or at the very least cause him to fall short of his objectives. Therefore, it is necessary for him to expend every effort to overcome those difficulties as best he can. After that, he will be excused for whatever he simply cannot do and will be above reproach for it.

4. Islamic workers and educators will find themselves in situations that require them to exercise patience and to use a gradual approach to achieve reform. Such situations are among the difficulties that require allowances to be made. Taking a gradual approach becomes absolutely necessary at such times, in consideration of the fact that calling people to the truth is a duty that cannot be carried out otherwise. One of the axioms of Islamic Law is that when something obligatory cannot be carried without something else, then that other thing becomes obligatory as well.



5. Calling to Allah is an obligation upon everyone who is able to do it. It is a mighty endeavor that cannot be furthered by a single individual acting alone. The fact that there is such a heavy burden being imposed upon us requires us to cooperate with one another in carrying it out. Responsibilities should be meted out to people according to each person's particular skills and abilities. Those who are in positions of heavy responsibility should not be left alone to make their own way. Cooperation can be of a complementary nature. The small contributions that can be made by some should not be looked upon with disdain.



The Fourth Principle: Harm should be removed



Islamic Law completely forbids that which causes harm. That which is harmful must be completely avoided whenever possible. When it is not possible, then the lesser of two evils should be perpetrated to avoid the greater. That which brings harm on a smaller scale is to be preferred to that which visits general harm to society. Likewise, the avoidance of harm takes priority over the attainment of some benefit.



Evidence for this principle can be found in the Prophet's statement: “There must be neither harm nor the imposition of harm.” [ Sunan al-Daraqutnî (3/77), al-Mustadrak (2/57), and Sunan al-Bayhaqî (6/69)]



Application of this principle:



1. Causing injury to another in any way is absolutely prohibited. This includes the injurious act of slander. We must be vigilant against the ploy of Satan to make the act of slander seem fair to us. We must not fool ourselves that what we are doing is not slander, but rather sincere advice to the Muslims. We may fancy that we are merely doing our duty by warning them against somebody's evil ways.



Of course, it is not categorically prohibited to warn against the harmful conduct of others. However, this is an extremely sensitive issue. Warning against innovators and the practitioners of falsehood is an undertaking governed by the strictest rules. These rules have been carefully studied and discussed by the scholars and we shall not elaborate upon them in this article. What is important for us to understand is that a Muslim's honor is not public pastureland for all and sundry to graze upon.



An Islamic worker must exercise extreme caution against this tendency for which it is all too easy to find justification. A person might convince everyone else in the world and succeed in pulling the wool over their eyes, but has he taken into consideration the One who knows what the heart conceals?



Defamation, slander, and the spread of false rumors are among the ways that harm is brought to bear upon a Muslim. This includes when a person participates in an attempt to destroy or belittle another's efforts for Islamic work on account of differences of opinion in how such work is to be carried out.



Once a man criticized the eminent jurist Mâlik for remaining seated while others had gone forth to fight in the defense of Islam. Mâlik replied: “I hope that both of us are upon goodness and righteousness.” In the days of the Companions, there was Hisân b. Thâbit who wrote poetry, Khâlid b. al-Walîd who fought in Islam's defense, Zayd b. Thâbit who complied the Qur'ân, and Bilâl who made the call to prayer. None of them ever accused the others of wasting their time, even though there is no doubt that their various contributions were not of equal value.



2. A Muslim does not take the mistreatment that he receives from another as a pretext for injuring that person, except in accordance with dictates of Allah's words:



“And the recompense for an evil is an evil like it, but whoever pardons and makes reconciliation – his reward is due from Allah. Indeed, He does not like wrongdoers.” [ Sûrah al-Shûrâ : 40]



“And if you punish, then punish with what is commensurate with what you were harmed. But if you endure with patience – it is better for those who are patient.” [ Sûrah al-Nahl : 126]



This is the rule with respect to securing redress for an injury suffered by an individual Muslim. However, with regards to the general defamation of Islamic scholars and others working for good, the situation can demand a different approach. This is in consideration of the extent of the damage being brought about by the defamation, slander and attack on the reputations of a large number of the good people in society. It can, in such a situation, become desirable to respond to such attacks and put and end to them without transgressing the limits in doing so. The perpetrator can be required to publicly recant and even confess that he was lying, since this may be required to safeguard the general welfare.



Showing leniency in such a situation might lead to further and more ambitious and protracted campaigns against the people's honor. However, every care must be taken to ensure that the measures taken are limited to the one perpetrating the slander, are commensurate to the injury and not excessive, and that their consequences do not extend to other members of his family. Moreover, his apologies and repentance should be accepted and he should not be pursued any further.



3. Activities that result in injury to individuals or to society as a whole are prohibited. The ruling for a particular activity within the scope of Islamic work must be determined by weighing the possible benefit and harm that can result from it. The primary focus in making such an assessment should be an activity's long-term consequences and not just its immediate effects.



4. There is a need for us, in our study of Islamic Law, to return the study of weighing options and of prioritizing concerns. There have been many brilliant works written in this field on the theoretical level, but a dearth of those that focus on the practical.



The Fifth Principle: Customary usage is the determining factor



Custom refers to the prevailing practices of society with respect to their choice of words and their mode of action.



The principle that customary usage is the determining factor basically means that the customs of the people are recognized and acknowledged by Islamic Law as long as certain conditions are met. The most important of these conditions is that the custom in question does not violate the dictates of the sacred texts. Another is that the custom is indeed the prevailing practice in society and is applied in that society on a consistent basis. The third condition is that the custom must have been in effect at the time when a given activity was initially entered into without there having been any clear expression on the part of the concerned parties indicating something to the contrary. Finally, the custom must be of a nature that its application can be considered binding on the parties concerned.



Among the evidence for the recognition of custom in Islamic Law is the following hadith related by `A'ishah:



Hind, the mother of Mu`âwiyah, said to the Prophet (peace be upon him): “Abû Sufyân (Hind's husband) is a tight-fisted man. Is there anything wrong if I take money from him secretly?”



The Prophet (peace be upon him) said: “Take for yourself and your children to suffice your needs according to what is customary.” [ Sahîh al-Bukhârî ]

Ibn Hajar al-`Asqalânî, in his commentary on Sahîh al-Bukhârî , observes: “He referred her to customary usage in a matter that was not precisely defined in Islamic Law.” [ Fath al-Bârî (4/407)]



Ibn Mas`ûd, the eminent Companion, said: “What the Muslims determine to be good is good with Allah.” [ Musnad Ahmad ]

Ibn al-Qayyim writes:



On this basis, Islamic rulings are given throughout the ages. Whenever you find a custom in practice, you must take it into consideration, and whenever you find a custom has been abandoned, you must cease to consider it. You must not become unyielding all your life in adhering to what is recorded in the books. If someone comes to you from outside of your own region seeking a legal ruling, do not hold him to the customs of your land. Ask him about the customs of his own land and hold him to those and give your legal ruling accordingly. Do not apply the customs of your country that you find in your books. { I`lâm al-Muwaqqi`în (3/78)]

Application of this principle:



Quite often, the activities and efforts of Islamic workers need to be arranged and presented in a certain way, and permission might have to be sought. Without taking such pains, no work can be carried out successfully. Therefore, do not reject or condemn such customs as long as upholding them does not entail any violation of Islamic Law, especially when observing such customs reaps benefit for the work at hand.



Keep in mind that the jurists have declared that customary practice among merchants has the same legal strength as the conditions they put forth in their contracts. [ al-Mudkhal al-Fiqhî al-`Amm (2/1001)] The same thing can be said for Islamic work.

Saudi Arabia: Basic Law of Government



Chapter 1 General Principles

Article 1

The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital.

Article 2

The state's public holidays are Eid al-Fitr and Eid al-Adha. Its calendar is the Hegira calendar.

Article 3

The state's flag shall be as follows:

(a) It shall be green.

(b) Its width shall be equal to two-thirds of its length.

(c) The words "There is but one God and Mohammed is His Prophet" shall be inscribed in the center with a drawn sword under it. The statute shall define the rules pertaining to it.

Article 4

The state's emblem shall consist of two crossed swords with a palm tree in the upper space between them. The statute shall define the state's anthem and its medals.

Chapter 2 [Monarchy]

Article 5



(a) The system of government in the Kingdom of Saudi Arabia is that of a monarchy.

(b) Rule passes to the sons of the founding King, Abd al-Aziz Bin Abd al-Rahman al-Faysal Al Sa'ud, and to their children's children. The most upright among them is to receive allegiance in accordance with the principles of the Holy Koran and the Tradition of the Venerable Prophet.

(c) The King chooses the Heir Apparent and relieves him of his duties by Royal order.

(d) The Heir Apparent is to devote his time to his duties as an Heir Apparent and to whatever missions the King entrusts him with.

(e) The Heir Apparent takes over the powers of the King on the latter's death until the act of allegiance has been carried out.

Article 6

Citizens are to pay allegiance to the King in accordance with the holy Koran and the tradition of the Prophet, in submission and obedience, in times of ease and difficulty, fortune and adversity.

Article 7

Government in Saudi Arabia derives power from the Holy Koran and the Prophet's tradition.

Article 8 [Government Principles]

Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic Shari'ah.

Chapter 3 Features of the Saudi Family

Article 9

The family is the kernel of Saudi society, and its members shall be brought up on the basis of the Islamic faith, and loyalty and obedience to God, His Messenger, and to guardians; respect for and implementation of the law, and love of and pride in the homeland and its glorious history as the Islamic faith stipulates.

Article 10

The state will aspire to strengthen family ties, maintain its Arab and Islamic values and care for all its members, and to provide the right conditions for the growth of their resources and capabilities.

Article 11

Saudi society will be based on the principle of adherence to God's command, on mutual cooperation in good deeds and piety and mutual support and inseparability.

Article 12

The consolidation of national unity is a duty, and the state will prevent anything that may lead to disunity, sedition and separation.

Article 13

education will aim at instilling the Islamic faith in the younger generation, providing its members with knowledge and skills and preparing them to become useful members in the building of their society, members who love their homeland and are proud of its history.

Chapter 4 Economic Principles

Article 14

All God's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy.

Article 15

No privilege is to be granted and no public resource is to be exploited without a law.

Article 16

Public money is sacrosanct. The state has an obligation to protect it and both citizens and residents are to safeguard it.

Article 17

Property, capital, and labor are essential elements in the Kingdom's economic and social being. They are personal rights which perform a social function in accordance with Islamic Shari'ah.

Article 18

The state protects freedom of private property and its sanctity. No one is to be stripped of his property except when it serves the public interest, in which case fair compensation is due.

Article 19

Public confiscation of money is prohibited and the penalty of private confiscation is to be imposed only by a legal order.

Article 20

Taxes and fees are to be imposed on a basis of justice and only when the need for them arises. Imposition, amendment, revocation and exemption are only permitted by law.

Article 21

Alms tax is to be levied and paid to legitimate recipients.

Article 22

Economic and social development is to be achieved according to a just and scientific plan.

Chapter 5 Rights and Duties

Article 23 [Islam]

The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfills the duty regarding God's call.

Article 24 [Holy Places]

The state works to construct and serve the Holy Places; it provides security and care for those who come to perform the pilgrimage and minor pilgrimage in them through the provision of facilities and peace.

Article 25 [World Peace]

The state strives for the achievement of the hopes of the Arab and Islamic nation for solidarity and unity of word, and to consolidate its relations with friendly states.

Article 26 [Human Rights]

The state protects human rights in accordance with the Islamic Shari'ah.

Article 27 [Welfare Rights]

The state guarantees the rights of the citizen and his family in cases of emergency, illness and disability, and in old age; it supports the system of social security and encourages institutions and individuals to contribute in acts of charity.

Article 28 [Work]

The state provides job opportunities for who-ever is capable of working; it enacts laws that protect the employee and employer.

Article 29 [Science, Culture]

The state safeguards science, literature and culture; it encourages scientific research; it protects the Islamic and Arab heritage and contributes toward the Arab, Islamic and human civilization.

Article 30 [Education]

The state provides public education and pledges to combat illiteracy.

Article 31 [Health Care]

The state takes care of health issues and provides health care for each citizen.

Article 32 [Environment, Nature]

The state works for the preservation, protection, and improvement of the environment, and for the prevention of pollution.

Article 33 [Armed Forces]

The state establishes and equips the Armed Forces for the defense of the Islamic religion, the Two Holy Places, society, and the citizen.

Article 34 [Military Service]

The defense of the Islamic religion, society, and country is a duty for each citizen. The regime establishes the provisions of military service.

Article 35 [Citizenship]

The statutes define the Regulations governing Saudi Arabian nationality.

Article 36 [Arrest]

The state provides security for all its citizens and all residents within its territory and no one shall be arrested, imprisoned, or have their actions restricted except in cases specified by statutes.

Article 37 [Home]

The home is sacrosanct and shall not be entered without the permission of the owner or be searched except in cases specified by statutes.

Article 38 [Punishment, nulla poena]

Penalties shall be personal and there shall be no crime or penalty except in accordance with the Shari'ah or organizational law. There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law.

Article 39 [Expression]

Information, publication, and all other media shall employ courteous language and the state's regulations, and they shall contribute to the education of the nation and the bolstering of its unity. All acts that foster sedition or division or harm the state's security and its public relations or detract from man's dignity and rights shall be prohibited. The statutes shall define all that.

Article 40 [Communication]

Telegraphic, postal, telephone, and other means of communications shall be safeguarded. They cannot be confiscated, delayed, read or listened to except in cases defined by statutes.

Article 41 [Residents' Duties]

Residents of the Kingdom of Saudi Arabia shall abide by its laws and shall observe the values of Saudi society and respect its traditions and feelings.

Article 42 [Asylum, Extradition]

The state shall grant the right to political asylum when the public interest demands this. Statutes and international agreements shall define the rules and procedures governing the extradition of common criminals.

Article 43 [Royal Courts]

The King's Court and that of the Crown Prince shall be open to all citizens and to anyone who has a complaint or a plea against an injustice. Every individual shall have a right to address the public authorities in all matters affecting him.

Chapter 6 The Authorities of the State

Article 44

The authorities of the state consist of the following: the judicial authority;

the executive authority;

the regulatory authority.

These authorities cooperate with each other in the performance of their duties, in accordance with this and other laws. The King shall be the point of reference for all these authorities.

Article 45

The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His Messenger. The law will define the composition of the senior Ulema body, the administration of scientific research, deliverance of fatwa and it's (the body of senior Ulema's) functions.

Article 46

The judiciary is an independent authority. There is no control over judges in the dispensation of their judgments except in the case of the Islamic Shari'ah.

Article 47

The right to litigation is guaranteed to citizens and residents of the Kingdom on an equal basis. The law defines the required procedures for this.

Article 48

The courts will apply the rules of the Islamic Shari'ah in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah.

Article 49

Observing what is stated in Article 53, the courts shall arbitrate in all disputes and crimes.

Article 50

The King, or whoever deputizes for him, is responsible for the implementation of judicial rulings.

Article 51

The authorities establish the formation of the Higher Council of Justice and its prerogatives; they also establish the seniority of the courts and their prerogatives.

Article 52

The appointment of judges and the termination of their duties is carried out by Royal decree by a proposal from the Higher Council of Justice in accordance with the provisions of the law.

Article 53

The law establishes the seniority of the tribunal of complaints and its prerogatives.

Article 54

The law establishes the relationship between the investigative body and the Prosecutor-general, and their organization and prerogatives.

Article 55

The King carries out the policy of the nation, a legitimate policy in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Shari'ah, the system of government, the state's general policies; and the protection and defense of the country.

Article 56

The King is the head of the Council of Ministers; he is assisted in carrying out his duties by members of the Council of Ministers, in accordance with the provisions of this and other laws. The Council of Ministers establishes the prerogatives of the Council regarding internal and external affairs, the organization of and co-ordination between government bodies. It also establishes requirements to be fulfilled by ministers, their prerogatives, the manner of their questioning and all issues concerning them. The law on the Council of Ministers and its prerogatives is to be amended in accordance with this law.

Article 57



(a) The King appoints and relieves deputies of the prime minister and ministers and members of the Council of Ministers by Royal decree.

(b) The deputies of the prime minister and ministers of the Council of Ministers are responsible, by expressing solidarity before the King, for implementing the Islamic Shari'ah and the state's general policy.

(c) The King has the right to dissolve and reorganize the Council of Ministers.

Article 58

The King appoints those who enjoy the rank of ministers, deputy ministers and those of higher rank, and relieves them of their posts by Royal decree in accordance with the explanations included in the law. Ministers and heads of independent departments are responsible before the prime minister for the ministries and departments which they supervise.

Article 59

The law defines the rules of the civil service, including salaries, awards, compensations, favors and pensions.

Article 60

The King is the commander-in-chief of all the armed forces. He appoints officers and puts an end to their duties in accordance with the law.

Article 61

The King declares a state of emergency, general mobilization and war, and the law defines the rules for this.

Article 62

If there is a danger threatening the safety of the Kingdom or its territorial integrity, or the security of its people and its interests, or which impedes the functioning of the state institutions, the King may take urgent measures in order to deal with this danger And if the King considers that these measures should continue, he may then implement the necessary regulations to this end.

Article 63

The King receives Kings and Heads of State. He appoints his representatives to states, and he receives the credentials of state representatives accredited to him.

Article 64

The King awards medals, as defined by regulations.

Article 65

The King may delegate prerogatives to the Crown Prince by Royal decree.

Article 66

In the event of his traveling abroad, the King issues a Royal decree delegating to the Crown Prince the management of the affairs of state and looking after the interests of the people, as defined by the Royal decree.

Article 67

The regulatory authority lays down regulations and motions to meet the interests of the state or remove what is bad in its affairs, in accordance with the Islamic Shari'ah. This authority exercises its functions in accordance with this law and the laws pertaining to the Council of Ministers and the Consultative Council.

Article 68 [Consultative Council]

A Consultative Council is to be created. Its statute will specify how it is formed, how it exercises its powers and how its members are selected.

Article 69

The King has the right to convene the Consultative Council and the Council of Ministers for a joint meeting and to invite whoever he wishes to attend that meeting to discuss whatever matters he wishes.

Article 70

International treaties, agreements, regulations and concessions are approved and amended by Royal decree.

Article 71

Statutes are to be published in the Official Gazette and take effect from the date of publication unless another date is specified.

Chapter 7 Financial Affairs

Article 72



(a) The statute explains the provisions concerning the state's revenue and its entry in the state's general budget.

(b) Revenue is entered and spent in accordance with the rules specified in the statute.

Article 73

Any undertaking to pay a sum of money from the general budget must be made in accordance with the provisions of the budget. If it is not possible to do so in accordance with the provisions of the budget, then it must be done in accordance with Royal decree.

Article 74

The sale, renting or use of state assets is not permitted except in accordance with the statute.

Article 75

The statutes will define the monetary and banking provisions, the standards, weights and measures.

Article 76

The law will fix the state's financial year and will announce the budget by way of a Royal decree. It will also assess the revenues and expenditure of that year at least one month before the start of the financial year. If, for essential reasons, the budget is not announced and the new financial year starts, the budget of the previous year will remain in force until the new budget is announced.

Article 77

The competent body will prepare the state's final statement of account for the passing year and will submit it to the head of the council of ministers.

Article 78

The same provisions will apply both to the budgets of the corporate bodies and their final statements of account and to the state's budget and its final statement of account.

Chapter 8 Control Bodies

Article 79

All the state's revenues and expenditures will come under subsequent control and all the state's movable and immovable funds will be controlled in order to confirm the good use of these funds and their preservation. An annual report will be submitted on this matter to the head of the Council of Ministers. The law will define the competent control body and its obligations and prerogatives.

Article 80

government bodies will come under control in order to confirm the good performance of the administration and the implementation of the statutes. Financial and administrative offenses will be investigated and an annual report will be submitted on this matter to the head of the Council of Ministers. The law will define the competent body in charge of this and it's obligations and prerogatives.

Chapter 9 General Provisions

Article 81

The implementation of this law will not prejudice the treaties and agreements signed by the Kingdom of Saudi Arabia with international bodies and organizations.

Article 82

Without violating the content of Article 7, no provision of this law whatsoever may be suspended unless it is temporary such as in a time of war or during the declaration of a state of emergency. This temporary suspension will be in accordance with the terms of the law.

Article 83

This law may only be amended in the same way as it was promulgated.





HIJAB IN THE WORKPLACE

Q&A

Q. What are the requirements for Muslim women's dress?



A: Rules regarding Muslim women's (and men's) attire are derived from

the Quran, Islam's revealed text, and the traditions (hadith) of the

Prophet Muhammad (peace be upon him). In the Quran, God states: "Say to

the believing men that they should lower their gaze and guard their

modesty...And say to the believing women that they should lower their

gaze and guard their modesty; that they should not display their beauty

and adornments except what (must ordinarily) appear thereof; that they

should draw their veils over their bosoms and not display their beauty

except to their husbands, their fathers...(a list of exceptions)"

[Chapter 24, verses 30-31] Also, "O Prophet! Tell thy wives and

daughters, and the believing women, that they should cast their outer

garments over their persons...that they should be known and not

molested." [Chapter 33, verse 59]

In one tradition, the Prophet Muhammad is quoted as saying: "...If the

woman reaches the age of puberty, no part of her body should be seen but

this --- and he pointed to his face and hands."

From these and other references, the vast majority of Muslim scholars

and jurists, past and present, have determined the minimum requirements

for Muslim women's dress: 1) Clothing must cover the entire body, with

the exception of the face and the hands. 2) The attire should not be

form fitting, sheer or so eye-catching as to attract undue attention or

reveal the shape of the body.

There are similar, yet less obvious requirements for a Muslim male's

attire. 1) A Muslim man must always be covered from the navel to the

knees. 2) A Muslim man should similarly not wear tight, sheer,

revealing, or eye-catching clothing. In addition, a Muslim man is

prohibited from wearing silk clothing (except for medical reasons) or

gold jewelry. A Muslim woman may wear silk or gold.

(References: "The Muslim Woman's Dress," Dr. Jamal Badawi, Ta-Ha

Publishers; "Hijab in Islam," Maulana Wahiduddin Khan, Al-Risala Books;

"The Islamic Ruling Regarding Women's Dress," Abu Bilal Mustafa

Al-Kanadi, Abul-Qasim Publishing; "Islamic Dress," Muslim Women of

Minnesota; "Your Hijab and U.S. Law," North American Council for Muslim

Women)

Q. Is Islamic dress appropriate for modern times?

A: Islamic dress is modern and practical. Muslim women wearing Islamic

dress work and study without any problems or constraints.





Q. Does Islamic dress imply that women are submissive or inferior to men?

A: Islamic dress is one of many rights granted to Islamic women. Modest

clothing is worn in obedience to God and has nothing to do with

submissiveness to men. Muslim men and women have similar rights and

obligations and both submit to God.



Q. But aren't there Muslim women who do not wear Islamic Dress, or hijab?

A: Some Muslim women choose not to wear hijab. Some may want to wear it

but believe they cannot get a job wearing a head scarf. Others may not

be aware of the requirement or are under the mistaken impression that

wearing hijab is an indication of inferior status.



Q. Why is Islamic dress becoming an issue for personnel managers and

supervisors?

A: The Muslim community in American is growing rapidly. Growth factors

include conversions to Islam, immigration from Muslim countries and high

birth rates for Muslim families. As the community grows, more Muslim

women will enter the work force. In many cases, these women wish both to

work and to maintain their religious convictions. It should be possible

to fulfill both goals.



Q. What issues do Muslim women face in the workplace?

A: Muslim women report that the issue of attire comes up most often in

the initial interview for a job. Some interviewers will ask if the

prospective employee plans to wear the scarf to work. Others may

inappropriately inquire about religious practices or beliefs. Sometimes

the prospective employee, feeling pressure to earn a living, will take

off the scarf for the interview and then put it on when hired for the

job. Modest dress should not be equated with incompetence.

Other issues include unwanted touching or pulling on scarves by other

employees, verbal harassment or subtle ostracism and denial of

promotion. Many Muslims also object to being pressured to attend

celebrations of other religious traditions or to attend

employer-sponsored celebrations at which alcohol is served.



Q. What can an employer reasonably require of a woman wearing hijab?

A: An employer can ask that an employee's attire not pose a danger to

that employee or to others. For example, a Muslim woman who wears her

head scarf so that loose ends are exposed should not be operating a

drill press or similar machinery. That employee could be asked to

arrange her hijab so that the loose ends are tucked in. An employer can

ask that the hijab be neat and clean and in a color that does not clash

with a company uniform.





Q. What are the legal precedents on this issue?

A: Many cases have demonstrated an employee's legal right to reasonable

accommodation in matters of faith. Examples: 1) The failure of other

Muslim employees to wear headscarves is legally irrelevant. The employee

need only show sincerely-held religious beliefs. (E.E.O.C. v. Reads,

Inc., 1991) 2) There are no health or safety concerns at issue. (Cf.

E.E.O.C. Dec. No. 82-1, 1982, also E.E.O.C. Dec. No. 81-20, 1981) 3)

Companies cannot give effect to private biases. In other words, just

because an employer believes customers will be prejudiced against a

woman in a scarf, that does not mean the employee can be fired. (Palmer

v. Sidoti, 1984, also Cf. Sprogis v. United Air Lines, Inc., 1971) 4) An

employer must demonstrate "undue hardship" caused by the wearing of

religious attire. (TWA v. Hardison, 1977) Hardships recognized by the

courts include cost to the employer or effect on co-workers. 5) Dress

codes can have disproportionate impact on certain faiths. (E.E.O.C. Dec.

No. 71-2620, 1971, also E.E.O.C. Dec. No. 71-779, 1970)

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