Newsletter (1st July'08 - 15th July'08)
(7/16/2008)

 



Fortnightly Newsletter

(1st
July`08 - 15th July`08)

 

www.studying-islam.org

Compiled by: Azeem Ayub

 

Reflections

 

In the Name of Allah,
the Most Gracious,
the Ever Merciful

 

 

Marginalism and Life

 

Marginalism, as economists say, lies at the core of economics. It is Marginalism, thinking and evaluating at the margins, which helps in economic decision-making. ‘Don’t take the ‘total’ picture. Think instead in terms of margins’, is one of the most consistent advice, which one gets in any rudimentary course in or about economics. In fact, the idea of Marginalism has started altering age-old maxims. As one economist put it: ‘Anything worth doing is only worth doing as well as is suggested by comparing its marginal costs and marginal benefits.’ (Gasper: 2000/ Based on Rhoads: 1999). Well, I, as someone might be thinking, do not intend to disagree. In fact, I want to strengthen this line of thinking. My argument is that success, in the case of most respected men of history as well as in the every-day life comes only at the end -- at the margins.
 

Probably, everybody who has a slightest degree of interest in Cricket (the game, in which at any given moment, great majority of players is standing still) knows Imran Khan.  In his biography, he has related his story of his first test match in 1973. He tried hard for first three days to get a single wicket but in vain. It was the last session of the third day, at the margin of the day, when he had lost all hopes, he finally struck. He succeeded at the margin. A more direct example would be of presidential elections of the United States in 1968 when the presidential candidate Herbert Humphery could not make it to the White House as Richard Nixon got a few hundreds vote winning margin, the narrowest ever in the American history. Even in developing countries like India, we find examples of losing or succeeding (it depends which party do you belong to) at the margins. In 1998, the main opposition party Congress (I), put a no-confidence move against the incumbent Prime Minister, and the move was defeated with the margin of only a couple of votes.
 

In everyday life, we notice that at many times, we are tired of trying. We try and try again but fail and fail again. Yet, at most of the occasions, just ‘another’ attempt, just a marginal attempt, gets us through. I, for example, was trying for a scholarship for last four years and I had decided that if, for the fifth time, I could not make it, I will forget about it.
 

Fortunately, it was at the fifth time, when I succeeded. I succeeded at the marginal point by doing just an additional attempt, which in fact was my last attempt. I am sure that the readers of these lines could cite much more interesting examples from their lives, where they can see how life is working at the margins.  We all remember the famous line: ‘Silver lining at the end (or at the margin) of the clouds’ or often quote: ‘Light at the end of the tunnel’. We are, in fact, thinking in terms of margins when we are hoping against hope.  Even on failures, we often say: Only if I had attempted for another time, success would have been there. We, as a matter of daily observation, explain our successes or failures not in terms of the total effort we had made, but in terms of the last attempt which we did or did not make. We describe and prescribe, therefore, in terms of margins, without consciously knowing it.
 

I understand that the idea of Marginalism is un-romantic (Rhoads: 1999), but so is life at critical crossroads. For example, as a whole, life of successful men looks very romantic. We see these men as ‘he came; he saw; he conquered’, but often overlook the critical moments of their lives during which they were perplexing, tumbling, and struggling at the margins. These marginal moments are ignored and a ‘total’ and perfect picture emerges. This picture, suffice is to say, is incomplete. But probably, to see a better picture, we need a ‘history of Marginalism in life.’ Practically speaking, however, only a few will bother for such finer and marginal details and will rather, let me say it finally, marginalize this Marginalism itself.

 

(Author is a participant of Masters Programme 2000-01in Public Policy and Administration at Institute of Social Studies, the Hague, The Netherlands.)

 

 

Author: Ali Salman

 

URL: http://www.monthly-renaissance.com/issue/content.aspx?id=485

In this Issue

Reflections
* Marginalism and Life
 

Read & Reflect
* The Economic
    Shari'ah

 

 Debate & Discuss
Discussion Forum:
   The Zakah
 

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Express & Explain
* General Discussion
    Forum: Banking
  

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Pause & Ponder
* 
 Zakah to Real Brother
 

Announcements

Course "The Zakah"
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Successful
    Participants

 

Recent Additions
*  Articles
  
*  Q n As
 
   

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Read and Reflect

 

The Economic Sharī‘ah
 

Author

Javed Ahmad Ghamidi

(Tr. by Shehzad Saleem)

 

The economic sharī‘ah has been revealed by the Almighty through His last Prophet (sws) for the purification of the economy. It is based on the Qur’ānic philosophy of creation. According to this philosophy, the Almighty has created this world as a trial and test for man; every person has therefore been made to depend on others for his living. No one in this world can live independently as regards his needs and requirements. A person of the highest rank is dependent on others and people have to turn to even the most ordinary to fulfill them. In other words, every single person has an important role to play, without which this world cannot continue. The Almighty has blessed people with varying abilities, intelligence and inclinations as well as with varying means and resources. In fact, it is because of this variation that a society comes into being. In such a society, if, on the one hand, there are scholars and sages whose knowledge enlightens the whole world, writers whose works give eternal life to words and their meanings, researchers whose unique researches are praised by the whole society, leaders whose acumen resolve many problems of the collectivity, reformers whose efforts create self-awareness in mankind and rulers whose resolve and determination change the course of history, then on the other hand, the same society also has workers whose hard work produces marvels from machines, tillers of the soil whose hard labour results in bumper crops, cooks whose adept cookery savours our taste-buds, artisans whose craftsmanship builds astounding sky scrapers and janitors with whose efforts the whole society breathes in a healthy atmosphere.
 

By creating various classes of people, the Almighty is testing whether the big and the small, the high and the low form a noble and healthy society or go about trying to create utter disorder in the world by showing foolishness and creating mischief against one another and in this way are humiliated in this world and also becoming worthy of punishment in the Hereafter.
 

It is to salvage man in this trial that the Almighty has guided him through His Prophets and revealed this economic sharī‘ah to cleanse and purify him.
 

Following is a summary of this sharī‘ah:
 

1. Sanctity of Ownership

If a Muslim has paid his zakāh dues, then his rightfully owned wealth cannot be usurped or tampered with in any way, except if on account of some violation sanctioned by the religion of God and his Prophet (sws). So much so, a government has no authority to impose any tax other than zakāh on its Muslim citizens without their consent.
 

2. Public Sector

Wealth and assets which are not in the ownership of an individual or cannot be in his ownership should remain in the ownership of the state so that this wealth should not get concentrated among the rich and that it be directed to those sectors of the society which are dependent on others for their needs. Similarly, certain obligations of the state can also be fulfilled through this means.
 

3. Usurpation of Wealth

It is prohibited to devour other people’s wealth and property by unjust means. Gambling and interest are some horrendous forms of usurpation. Other economic activities should also stand permissible or prohibited in the light of this principle.
 

4. Documentation and Evidence

In affairs such as various financial transactions, making a will and acquiring a loan, the parties involved should write down a document and call in witnesses on the contract written. An indifference to this can at times lead to great moral misconduct.
 

Following are its directives:
 

i. Whenever a loan is acquired for a certain period, the transaction should be written down in the form of a document.

ii. This document should be written down in a just manner by some scribe in the presence of both the parties.

iii. The responsibility of writing down the document rests on the borrower. He should mention in the document the name of the person from whom he has borrowed and the amount he has borrowed from him.

iv. If the borrower is naïve, feeble or is not in a position to write down the document, then his guardian or attorney should have it written down on his behalf with justice and fairness.

v. Two male witnesses should testify over this document. These witnesses should be those who have a relation or a close link with the parties and should be honest and trustworthy and of sound character.

vi. If two male Muslims having the said qualities are not available, then one man and two women can be selected to fulfill this responsibility. The requirement for two women is because a woman who is generally used to the environment of a home may become nervous in the environment of a court room and it is in order to protect her evidence from doubt and uncertainty that another woman comes to her help and support.

vii. People who have borne witness to a document should not desist from giving their testimony when they are called upon to do so.

viii. Everyday loans and transactions are not required to be written down. Witnesses, however, should be called upon important deals and transactions to resolve any disputes that may arise.

ix. It is not proper for a party to harm the scribe or the witness if a dispute arises.

x. If a person is on a journey and no scribe is available to document the transaction of loan then the borrower can place something in possession of the lender as a security. However, this permission to the lender to accept such pledges is strictly dependent on the fact that the lender does not find himself in a trustworthy situation. As soon such a situation arises, the Almighty has directed the lender to return the pledged item and call in witnesses over the transaction of loan.

xi. If death stares a person in his face and he has to make a will regarding his wealth, then he should call in two just witnesses from among his Muslim brethren.

xii. If death approaches him during a journey, and two Muslim witnesses are not available there, then as a last resort he can call in two non-Muslim witnesses.

xiii. If there is a possibility that those selected from among the Muslims as witnesses might show some bias to someone by altering their testimony, then as a precautionary measure, they can be held back after a congregational prayer in the mosque and be asked to swear by Allah that they will not alter their testimony for some worldly gain or in partiality of someone even if he be their close relative, and, if they do some alteration, then they will be sinners.

xiv. The witnesses should know that this testimony is the testimony of Allah. So even if they are dishonest in the slightest way, it would mean that they are dishonest not only to their brethren but also to the Almighty.

xv. In spite of this, if it comes to surface that these witnesses have shown bias to someone or infringed upon his rights contrary to the will made by the deceased, then two people from among the brethren of the person who has become the victim of this injustice should stand up and swear that they are truer than the previous witnesses; that they have not committed any excess in this regard and that they will be wrongdoers before the eyes of Allah if they do so.

xvi. It is likely that after this further measure of accountability, the witnesses will not give a false testimony for they will have the fear hovering over them that if they commit any wrong, others will negate their oaths and in spite of being given preference, their oaths will be refuted.
 

5. Distribution of Inheritance

The wealth of every Muslim must necessarily be distributed after his death among his heirs in the following manner:
 

If the deceased has outstanding debts to his name, then first of all they should be paid off from the wealth he has left behind. After this, any legacies he may have bequeathed should be paid. The distribution of his inheritance should then follow.
 

No will can be made in favour of an heir ordained by the Almighty except if his circumstances, or the services rendered by him or his needs in certain situations call for it.
 

After giving the parents and the spouses their shares, the children are the heirs of the remaining inheritance. If the deceased does not have any male offspring and there are only two or more girls among the children, then they shall receive two-thirds of the inheritance left over, and if there is only one girl, then her share is one-half. If the deceased has only male children, then all his wealth shall be distributed among them. If he leaves behind both boys and girls, then the share of each boy shall be equal to the share of two girls and, in this case also, all his wealth shall be distributed among them.
 

In the absence of children, the deceased’s brothers and sisters shall take their place. After giving the parents and spouses their shares, the brothers and sisters shall be his heirs. The proportion of their shares and the mode of distribution shall be the same as that of the children stated above.
 

If the deceased has children or if he does not have children and has brothers and sisters, then the parents shall receive a sixth each. If he does not even have brothers and sisters and the parents are the sole heirs, then one-third of his wealth shall be given to the mother and two-thirds to the father.

If the deceased is a man and he has children, then his wife shall receive one-eighth of what he leaves, and if he does not have any children, then his wife’s share shall be one-fourth. If the deceased is a woman and does not have any children, then her husband shall receive one-half of what she leaves and if she has children, then the husband’s share is one-fourth.
 

In the absence of these heirs, the deceased can make someone an heir. If the person who is made an heir is a relative and has one brother or one sister, then they shall be given a sixth of his share and he himself shall receive the remaining five-sixth. However, if he has more than one brother or sister, then they shall be given a third of his share and he himself shall receive the remaining two-thirds.
 

The basis of this distribution of inheritance is the “benefit of kinship” and the reason for the difference in the share of the heirs is also because their benefit for the deceased varies. Since the benefit of a girl after her marriage is transferred to her husband, similarly, a wife gives companionship to her husband whereas the husband not only gives companionship to her, he is also responsible to provide for her, hence the share of a boy is twice of a girl and the share of a husband is twice that of a wife.

URL: http://www.monthly-renaissance.com/issue/viewissue.aspx?id=138

 

Debate and Discuss:

 
 

 
Course Forums
: The Zakah

 

 

llina

One should know that the Deuteronomy and Leviticus are books from the tora. Just thought I mention it here maybe someone did not know.

After having read the course I still wonder how to apply in my daily life. I will know one day inshaAllah

 

Ibrahim (Moderator)

May I know what problem you are feeling to apply Zakah rules in your daily life?

Thanks for your appreciation & explanation.

 

llina

I meant when I have books at home or tv or other things alike. Do I have to give Zakah for that?

 

Ibrahim (Moderator)

Please note that you one doesn't need to pay zakah on the property/household items etc. that are in use like home, car, books, tv and other things like.

This means that Zakah is on your annual savings or on your income.

 

atifrafi

This is a great course and I am sure this will be very helpful for people like me. Sir, Currently I am not studying this course due to some other assignments and another course at your website. I hope still I can ask some of my problems:

1. I have some amount with me which I have invested at Amdan Certificates of Meezan Bank. The Bank claims to be Islamic bank and disperse profit not interest. I want to ask about the zakah which I have to pay? Do I have to pay on profit? If yes, what should be the ratio? Please note that Profit is paid on monthly basis. Also please mention if it is ok in investing such certificates.

2. According to your point of view, a salaried person should pay 10% zakah from each month's salary ( If I have understood it correctly ) but Government is NOT allowed to take any other TAX. In our country, we have to pay lots of taxes which may be deducted from the Zakah. My main problem is How to calculate the TAX paid in a month as there are so many hidden taxes on everything you buy, go out for eating, for any entertainment, tax paid in different utility bills, buying any thing from anywhere which may be as small as a cold drink. All this makes it almost impossible to calculate the amount of tax paid by any person in one month. In this case, what should we do to calculate the exact Zakah?

If the government is only taking Zakah, then it would be much simple and easy to pay 10% of my salary, but now its next to impossible, specially for person like me who is very bad in maths :)

I hope I am able to clarify my questions.

 

Ibrahim (Moderator)

Here is the reply of your Qs:

Zakat on Amdan Certificates of Meezan Bank will be paid on the Profit with 10% ratio.
To have a deep look on Amdan Certificates of Meezan Bank we'll need to study them in detail. Or you can trust their words.

yes you are right that a salaried person should pay 10% zakah from each month's salary if it exceeds the nisab. And again you are right that we should calculate all type of paid taxes & then deduct them from the Zakat amount.

Brother if your maths is not good than you can have a rough estimate calculated by you or any other person who is good in maths. by the way if you spend 20,000/month then 10% paid tax will be 2000. It looks simple.

 

atifrafi

Thanks for your clarifications. I think i wasn't able to clarify my last question. I'll try it again. For Example my salary is 20,000/month, Zakat will be 2000. This is simple, but my problem is little bit different.

I know I have to pay 2000/month. Now, say 500 are deducted from my salary as Income Tax. I can deduct it from my Zakat, so 2000 - 500 = 1500. Now, I pay almost 300 as taxes in bills so remaining amount is 1200. If I have to pay this 1200 that is also simple. But, the main problem arises that we also pay lots of taxes when buying anything like food items, stationary, medicine, and almost each and everything. To calculate this amount, which we are paying un-knowingly, is a problem.

I hope this time I am able to clarify.

 

Ibrahim (Moderator)

Well, I understood your last Q but it looks that i was unable to convey fully my reply. Now it looks easy to give you answer according to your given example.

If you spend 12,000 in buying different things then it means that you've paid your remaining zakat of 1200 taking Sales Tax ratio as 10% approximately. But if you spend less than 12,000 then you will have to pay the remaining zakah only.

i've taken ratio of sales tax as 10% just to make calculation easy. If possible you can calculate it with its exact ratio.

I hope this time I am able to clarify.

 

 

 

 

Express and Explain:

 

Banking

 

 
Wajahat-7leo

My question is that income of bank workers is legal or illegal in Islam. Is that plastic surgery is allowed in Islam or not.

 

Jhangeer Hanif (Moderator)

We the Muslims have been prohibited to cooperate in matters of evil. Since working in a company is actually equivalent to helping it perpetuate and grow, it is wrong to work for a bank because of its interest business. However, if any person fails to find job anywhere other than a bank, his case is different. Since he is under compulsion, Allah will surely make allowance for that fact.

There is nothing immoral involved in plastic surgery. I therefore do not see any reason to consider it bad or inappropriate. Considering the spirit of Islamic directives, I rather find myself appreciating it because it is a method that helps cure the victims.

only4Allah
Assalamu alaikum wa rahmatullahi wa barakatuh,

May this message reach you all in the best of health and increasing emaan. Ameen.
 
since the question was asked about banking, I was hoping if anyone would kindly explain to me why exactly is interest haram? I understand the basics of it, but feel that I do not know enough. I would appreciate it if those of you who knows would reply.

Jazak Allah Khier.

 

Jhangeer Hanif (Moderator)

The first and foremost reason is that it has been proscribed by Allah. It may sound a bit weird to those who look into philosophical reasons before accepting a propositions. Indeed, there are many matters which humans cannot resolve justly with their intellectual ability. These matters have been taken up by the Law and explained amply.

The other chief reason which seems to me is that interest is another name of exploitation . This exploitation may be of the borrower or the indirect consumer.

 

Loveall
GOD SAYS:

· Those who swallow down usury cannot arise except as one whom Shaitan has prostrated by (his) touch does rise. That is because they say, trading is only like usury; and Allah has allowed trading and forbidden usury (2: 275)

· Allah does not bless usury, and He causes charitable deeds to prosper, and Allah does not love any ungrateful sinner. (2: 276).

· you who believe! Do not devour usury, making it double and redouble, and be careful of (your duty to) Allah, that you may be successful (3: 130).

Usury is no doubt forbidden but what is it (usury). Is it not to straiten a needy person who has borrowed? The definition by brother Jhangeer Hanif, “interest is another name of exploitation and this exploitation may be of the borrower or the indirect consumer” seems to be more appealing i.e. if there is NO exploitation then we can further ponder.

Regarding the plastic surgery I again agree with brother Jhangeer Hanif.

FEW WORDS ABOUT PLASTIC SURGERY (For general knowledge only)

Plastic is derivative of Greek word “ Plastikos” which means, “that may be moulded”- same as the material- plastic, which is moulded to form the things. In plastic surgery the surrounding local or distant tissue of the same body is moulded to achieve the goal. The primary goal of Plastic Surgery is not the APPEARANCE or beauty of the part of the body, which is secondary, but the HEALING and the FUNCTION.

 

perv1
Can someone please translate the words Usury and Riba which everyone appears to equate with modern day interest.

 

URL: http://www.studying-islam.org/forum/topic.aspx?topicid=2558&lang=&forumid=1

 

Pause and Ponder:

 

 

Zakah to Real Brother

Question asked by Zaheer
Posted on: Wednesday, September 14, 2005 - Hits: 637

 

Question

 

Can we give zakah to our real brother and if yes, do we need to tell him that we are giving zakah to him?

 

Answer:

Muslims can pay the zakah money to their near relatives whom they do not provide financially ( ie wives and children). If your brother is not your financial responsibility, you can give him zakah too. The Holy Prophet (sws) has praised the giving of zakah to near relatives. The Qur'an also exhorts the believers to give zakah to the near relatives. And we are not required to disclose to the recipient of zakah that we are giving zakah to him.


regards,
Tariq Mahmood Hashmi
Research Assistant, Studying Islam

 


URL: http://www.studying-islam.org/querytext.aspx?id=374

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