AlJumuah MagazineWoe to those who give less in measure and weight. Those who, when they have to receive by measure from men, demand full measure. And when they have to give by measure or weight to men, give less than due. [83:1-3] [8] It has prohibited domination of public domain, such as water and public pastures, which do not belong to anyone; and has also prohibited preventing people from benefiting from it. The Messenger of Allah (ﷺ) said:
“There are three persons whom Allah will not speak to on the Day of Requital nor look at… a person (seller) who falsely swears that he bought a product for a higher price than which [the buyer] bought it, a person who swears to a false oath after [the sacred time of] `Asr (late afternoon) so as to usurp the money of a Muslim, and a man who refuses to give excess water. On that day, Allah will say to him: ‘Today I withhold from you my Grace as you withheld what was in excess of your needs, though you are not its creator.” [al-Bukhari]
The Prophet (ﷺ) said:
“All Muslims have equal shares in three things: pasture, water, and fire.” [Ahmad] [9] The Religion of Islam brought about a just system of inheritance through which wealth is distributed amongst a man’s rightful heirs; whether they are young, old, male or female. No one has the right to distribute the inheritance in any other way. One of the benefits of this system is that it divides the estates no matter how large they may be into small shares, thus making it impossible for the money to settle with a certain group. The Prophet (ﷺ) said:
“Indeed Allah has given each person his due right. So let not one of you bequeath something to someone who is already allotted a portion of the inheritance.” [Abu Dawood] [10] Islam has legislated endowments, which are of two types:
- Private endowments limited to the family and children of the endowed; in order to safeguard them from poverty and begging. The condition of its validity is that the endowment should serve charitable causes after the endowed’s progeny cease.
- Public charitable endowments which are used to maintain charitable causes; such as building hospitals, schools, streets, public libraries, Mosques, social welfare home for orphans, foundlings, and the elderly ,and all that serve public interest.
“The Prophet (ﷺ) would visit me while I was sick in Makkah (Mecca). I said to him, ‘I have some wealth, may I bequeath all of it [in charity]?’ He replied, ‘No.’ I said, ‘Then half of it?’ He replied, ‘No.’ Then I said, ‘A third?’ He replied, ‘A third is much. If you leave your heirs rich, it would be better than to leave them relying upon others begging them [for money]. Whatever you spend, it will act as a charity for you, even a morsel of food which your hand feeds your wife. Perhaps Allah will raise your status and cause some people to benefit from you, and cause others to be harmed.” [al-Bukhari] [12]. Islam has forbidden all that falls under the words of Allah:
O you who believe! Eat not up your property among yourselves unjustly.[4:29]
This includes:
a. Usurpation of anything without right, for it involves wronging others and spreading corruption in society. The Prophet (ﷺ) said:
“Whoever usurps a Muslim’s right through a false oath, Allah makes the Hellfire obligatory upon him and Paradise forbidden. A man asked, ‘Even if it were something negligible O Messenger of Allah (ﷺ)?’ He replied, ‘Even if it were a twig of an ‘,Arak Tree’.” [Muslim]
b. Theft. The Prophet (ﷺ) said:
“The fornicator who fornicates is not a true believer so long as he commits it, no thief who steals is a true believer as long as he commits theft, and no drunkard who drinks wine is a true believer as long as he drinks it.”[Muslim]
For it includes taking people’s wealth without right. Allah (SWT) says:
Sever the hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All Powerful, All Wise. [5:38]
In order for a man’s hand to be severed as a castigatory punishment, the following conditions have to be met:
- The wealth must have been in the custody and protection of the owner.
- The motive behind the theft must not have been the need for food, drink, or clothing. If this were the motive, the hand would not be severed. This is taken from the judgment of `Umar (RA) in the year of the Ramaadah.
- The amount stolen must meet the minimum required amount set for the implementation of this punishment.
Some of the scholars have stated that the repentance of the thief is not accepted until he returns what he has stolen to its owner. If he has no wealth, the owner of the wealth is asked to pardon him. Furthermore, if the owner pardons the thief before the case reaches the court, then the castigatory punishment is dropped.
c. Deceit and cheating. The Messenger of Allah (SWT)said:
“Whoever fights us is not from us, and whoever deceives us is not from us.” [Muslim]
d. Bribery. Allah (SWT) says:
And eat up not one another’s property unjustly, nor give bribery to the rulers that you may knowingly eat up a part of the property of others sinfully. [2:188]
The Prophet (ﷺ) said:
“May Allah curse the one who gives a bribe and the one who takes it in matters of judicial rulings.” [at-Tirmidhi]
Allah cursed the one who gives a bribe because he helps to spread evil in society; if he had not offered the bribe there would never have been any bribery. Allah cursed the one who accepts the bribe because he takes what is not rightfully his, and breaches the trust he was given; for he takes a price for a duty which he was designated to do in the first place.
e. It prohibited that a person sell something to a customer after his brother is about to strike a deal with him, except if he allows him to do so. This is because it stirs enmity and hatred between individuals in society. The Prophet (ﷺ) said:
“Let not any person sell something if his brother [seller] is about to strike a deal, and let not any person propose a women in marriage to whom his brother has already proposed, except if he gave him permission.” [Muslim]
