11-Qid-1446
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09-May-2025
Welcome to Part II of this series, where we uncover the wisdom of Islamic Wills. We dive deep into the financial distribution of a Will, obstacles that may restrict some inheritors, and the process of going about writing a Will.
Upon the passing of an individual, there are primarily three priorities to be considered and settled regarding the estate, before its distribution to the heirs:
1. Funeral
Expenses related to the funeral and burial, including costs associated with the burial plot and even the shroud, ought to be covered by the estate. By default, these costs are deducted from the estate, unless family members express a desire to handle them independently.
2. Debts
Following the funeral costs, all debts and money owed to others need to be paid from the estate. The Prophet (ﷺ) said,
“All the sins of a Shahid (martyr) are forgiven except debt." and "The believer's soul is suspended by his debt until it is settled for him." The heavy weight placed on the repayment of debts underscores the essential role it plays in preserving the rights of others.
3. Bequests
After the first two priorities are taken care of, we can move on to distributing the wealth. The distribution happens upon two stages - dispensation of any cited bequests, and then the distribution of the remaining estate among the heirs.
Regarding bequests, up to a third of the entire estate is allowed to be ring-fenced by the testator (deceased) for bespoke distribution.
In addition, the beneficiary from a bequest must exist at the time of the passing of the testator in order for a bequest to be considered regulatory, with the exception of general and continuous beneficiaries. For example, bequests confined to causes such as a Qur'an school, or a person/s defined by a description such as students of knowledge, or the needy and orphans, etc.
Also, and importantly, any bequest made towards an individual already inheriting by right of the rules of Islamic inheritance, will be considered invalid by Islamic Law unless the other legal heirs to the estate forgo their rights and agree to the wishes of the deceased.
This is not obligatory, rather it is recommended if they wanted to give something from their wealth to his relatives, the poor and the righteous as an ongoing Sadaqah Jariyah.
Finally, the estate can be distributed to the heirs according to their pre-ordained shares. It is important to note that in some Muslim countries, there may be additional legalities before this can be distributed.
There are a number of obstacles that prevent a person who usually qualifies, falls under the waratha, from inheriting from the estate of the deceased. While there are a few potential obstacles, the ones most relevant to our contemporary discussion include the following:
1. Homicide
The one who murders another deliberately cannot inherit from the deceased. This is a point on which there is scholarly consensus, because of the hadeeth of Abu Hurayrah RA who said: The Messenger of Allah ﷺ said:
"The murderer will not inherit."
This hadith is what the scholars follow: the murderer does not inherit, whether the killing was deliberate or accidental. Some of them said that if the killing was accidental, then he will inherit, and this is the view of Al-Maalik.
A person can also be barred from inheriting if they played a part in the murder, even if they didn't directly commit the act. This stems from a widely accepted legal principle among jurists that the one orchestrating a scenario specifically to obtain something prematurely is punished by being denied access to it.
2. Difference in Religion
Differences in religion can preclude individuals from inheriting from each other. The Muslim does not inherit from the disbeliever nor the disbeliever from the Muslim, despite any familial relationship between the two individuals.
ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا
You cannot know which of your parents or your children is more beneficial to you. [An-Nisa:11]
Allah SWT has pre-ordained the shares of their heirs from the wealth of the deceased. There are usually contentions or misunderstandings surrounding why the deceased cannot divide their wealth as they please or why there can be difference between the wealth given to different heirs.
A straightforward way to grasp this concept is to first understand that all wealth belongs to Allah SWT and is given to us by Him as a trust, over which we have considerable discretion to utilise as we please.
The trust and discretion to use Allah SWT’s wealth as we please are given to us until the time of our death. At that point, our right to use and benefit from this wealth ceases, and it returns to Allah SWT to be distributed according to His will.
It is a profound act of mercy from Allah SWT that once our ownership of this wealth ceases and Allah distributes it according to His will, we continue to reap the blessings and rewards when our heirs use the wealth virtuously. At the same time, we do not accumulate any sin if the wealth is used unlawfully. All these benefits are bestowed upon us, even though the apportioning of wealth isn't influenced by our own actions.
Primary or Fixed Heirs (Ashab-ul-Furud)
The Qur'an explicitly identifies the individuals who are consistently eligible to inherit. These beneficiaries include:
Residual heirs by reason of blood-relationships inherit in the instance that there are no primary six heirs. These include aunts and uncles, nieces and nephews and other distant relatives.
Distant Relatives (Dhawul-Arham)
Dhawul-Arham or extended family, may receive inheritance, only in the instance that there are no primary or residual heirs.
Before we delve further into how to write a Will, it's important to highlight that, as per Islamic jurisprudence, daughters usually receive an inheritance amount that is half of their brothers'.
This is due to several reasons and is to be understood under a wider macro framework of financial responsibility of males in Islam. While it may seem that sons receive a greater ‘gross inheritance’, Muslim men usually have financial obligations, and it's possible that their 'net inheritance'—the amount remaining after meeting these obligations—may be less.
From a jurisprudence perspective, a Muslim should be in a mentally competent state when drafting a Will and should have the capacity to draft the Will freely and without any coercion.
A trustworthy executor should be appointed to enact the distribution of the wealth. After this, the individual should ensure that their Will is attested by two impartial witnesses, and it should be documented by a legal expert. We would recommend the final draft to be checked with a scholar for any inaccuracies according to the Shari’ah, alleviating any burden from incorrect understanding.
Many Islamic centres and local scholars often provide templates for Islamic Wills that are tailored to suit the specific legal and cultural context of the individual. We encourage everyone to explore these resources to ensure they have an Islamic Will that is recognised legally and enforceable.
In addition to the legal validity, there are many considerations when making a Will that you can include. For example, it can be used to instruct how the deceased would like to be buried, such as confirming a burial over cremation, in the rare circumstance that the deceased may fear their burial rights being contested by the heirs.
Also, the will can be used to highlight an immediate burial as the dying wish of the deceased, which is closer to the mandates of the Messenger ﷺ's guidance, over a severely-delayed burial in order to accommodate certain relatives arriving from afar, and recommend a particular individual to wash their body, or specify a certain location for burial, for example.
Furthermore, If one adheres to a particular Islamic legal view, such as Surah Fatiha being recited as a part of their janazah prayer; or wants the bereaving family to avoid committing violations of the Shari’ah at the funeral, such as or mourning excessively (Wailing), or wishes to appoint or confirm a guardian over their younger children and give any instructions for the guardian including raising the children as Muslims according to the mandates of Islam; then this too can be included in the Will.
As can be seen, the Will extends beyond the mere reallocation of financial assets. It represents an important opportunity for individuals to impart invaluable wisdom, guidance, and moral teachings to their family members, children and those who have a right over you or that you are connected with in the community.
It is a personal testament - an instrument through which you can communicate your deepest reflections, hopes, and intentions for your loved ones.
I recommend to include as a reminder to everyone “There is no true God except Allah, the One, Who has no partner. His is the sovereignty and His is the praise, and He is Omnipotent. And that Muhammad ﷺ is His servant and His Messenger, and that Eesa (Jesus) AS is the servant of God and His Messenger and Paradise is true, and Hell is true, and the Hour is coming, there is no doubt about it, and that God will resurrect those in the graves.”
As Muslims, we wish to leave behind a positive, lasting impact on our families and would not want our passing to be a reason for disputes and discord between anyone, let alone the ones we hold closest to us.
Any preventative action we can take in doing so would be in our favour on Qiyamah. Recommend to those whom you left among your family, offspring, and all your relatives to fear Allah, to reconcile relations, to obey Allah SWT and His Messenger ﷺ, to exhort one another to the truth, and to be patient with it.
In crafting your Islamic Will, take the opportunity to address your family directly. A point that is usually overlooked is the inclusion of a heartfelt message to your parents in your Will, if they are alive, as the timing of our departure from this world is uncertain. It is paramount to articulate your appreciation for their unwavering support, their care in nurturing you, and their dedication in providing for your needs such as food and clothing. Their love and support have been instrumental in your life, and expressing this gratitude in your Will can serve as a lasting testament to their efforts.
Consider discussing your spouse's strengths and relay your appreciation for them and areas for growth, and do the same for your children. Express your vision, dreams, and aspirations for your children and grandchildren, and perhaps even provide them with wisdom you wish you had known at their age.
Advise your sons to become self-sufficient honourable men of the Ummah, to guard their chastity in an oversexualised era, to stand with humility regardless of the success Allah has given them, to become strong physically and mentally to endure the trials that await them, to be unyielding in their commitment to their prayers, to stand for justice and with the oppressed, to avoid oppressing others and find solace from this world in their prayers.
Advise your daughters to understand their self-worth lies with Allah SWT and to be noble women of the Ummah.
“Indeed, the most noble of you in the sight of Allah is the most righteous of you.”
Inspire them to be compassionate and caring with those around them and to honour their families. Remind them of the virtues of motherhood and to enjoin each other in good, to guard their chastity, to be generous in what Allah SWT has given them, to increase in worship and decrease time spent preparing dishes during Ramadan and always remember their roles as a slave of Allah SWT.
This can be a platform to impart life lessons you believe will fortify their relationship with Allah SWT when the world challenges it. Impart to them your vision of their progression of Imaan, the depth of relation with Allah SWT you desire for them to attain, and the character traits you wish for them to embody. Such sincere guidance becomes crucial during a period when they will be in mourning and missing your presence. In these vulnerable moments, they are likely to be more receptive to your wisdom and advice.
If you employed a parenting style or methodology that they might have been averse to, use this as a chance to provide insight into your reasons and intentions. Explain that it was driven by your profound love for them and your desire to equip them with the grit and maturity they need to navigate the complexities of life.
It's a space where you can discuss the trials of life you've faced and the resilience you've developed as a result - a resilience you aimed to instil in them through your parental methods. Similarly if you made some difficult decisions for your family or spouse as a leader, give yourself an opportunity to clarify that you had their best interests in mind.
Your Will should function as a heartfelt charter and letter to your family - a powerful and impactful way of expressing your affection and your ambitions for their futures. It's your opportunity to leave a legacy encapsulating the love, wisdom, and guidance that will endure long after you.
In conclusion, the importance of writing an Islamic Will cannot be overstated. As Muslims, we are tasked with fulfilling our obligations in this life, not only to Allah but also to those around us. An Islamic Will is a pivotal tool in ensuring that these responsibilities are met even after our departure from this world.
The process of writing a Will encourages self-reflection and foresight. It reminds us of inevitable death and compels us to consider our worldly possessions and worries in the context of our broader, spiritual journey in obeying Allah SWT, to whom we will return. By thoughtfully deciding where our assets will go, we are reminded of the temporary nature of worldly wealth and our ultimate accountability in front of Allah SWT.
Writing a Will is not merely a legal or financial exercise for Muslims, but a deeply multifaceted spiritual one. It is an act of faith, a commitment to justice, and a testament to our belief in the hereafter. Therefore, every Muslim should endeavour to prepare an Islamic Will and regularly update it, to ensure the just and beneficial distribution of their wealth, to ensure their loved ones receive their guidance and to ultimately continue their spiritual journey even after they have left this world.
Sheikh Dr. Sajid Ahmed Umar holds a 3-year University Diploma in Arabic language and Islamic Studies, a Bachelors degree in Comparative Islamic Law and Jurisprudence Methodology. He also holds a Masters degree in Judiciary, and is a qualified Judge. Sheikh Dr. Sajid has also completed a PhD in Comparative Islamic Law with his postgraduate research focusing on the area of Liquidity Management and Financial Risk Management through an Islamic lens.
Write your Will today, get started here.
In this 2-part series, we explore the role an Islamic Will plays in the larger Islamic economy and its profound impact in our legacy as Muslims.
31 million people in the UK alone have no will. 84% of those under the age of 35 have no will; and 60% of these people overall lack an up to date will. These are truly alarming statistics.
The concept of death in Islam serves as a powerful reminder for believers that our time in this world is finite and uncertain. The indiscriminate inevitability of death transcends age, health, or status, arriving unexpectedly, swiftly and snatching away our loved ones or even ourselves. Its relationship with the son of Adam isn't personal, but rather an inevitable part of life.
Allah Almighty says:
هُوَ يُحْىِۦ وَيُمِيتُ وَإِلَيْهِ تُرْجَعُونَ
He is the One Who˺ gives life and causes death, and to Him you will ˹all˺ be returned. [Yunus:56]
And He says:
كُلُّ نَفْسٍۢ ذَآئِقَةُ ٱلْمَوْتِ ۖ ثُمَّ إِلَيْنَا تُرْجَعُونَ
Every soul will taste death, then it is to Us that you will be returned [Al-’Ankabut:57]
As Muslims, this reality compels us to reflect upon the transient nature of life and the importance of preparing for the hereafter. Islam urges us to be mindful of our actions, to seek forgiveness and repentance, and to lead a life of submission to Allah SWT, even in death.
Embracing the uncertainty of when death will approach, we should strive to please Allah SWT even in the impact we leave after returning to Him through the correct distribution of our inheritance as per His laws.
Being someone created to live and assigned to carry a portion of the legacy of the final Messenger (ﷺ), the manner in which we manage our legacy is the final significant influence we can exert on this world. It is therefore of utmost importance to ensure that it aligns with the teachings and pleasure of Allah SWT.
In this 2-part series, we explore the role an Islamic Will plays in the larger Islamic economy and its profound impact in our legacy as Muslims.
An Islamic will, also known as a ‘Wasiyyah’, is an Islamically legally binding document that Muslims use to ensure that upon their death, their rights, the rights of their heirs, and the rights of Allah Almighty are protected in accordance with Islamic law.
Regarding the protection and preservation of these rights, it is worth noting that without an Islamic will in the UK, after someone passes away, their wealth would be distributed by an ‘executor’ or ‘administrator’ in accordance with English law, not Islamic law. This would mean that, in the case of a surviving married partner, the married partner would inherit all the personal property and belongings of the person who has passed away.
If there are surviving children, grandchildren, or great grandchildren of the person who passed on, and the estate is valued at more than £270,000, the partner will inherit the following:
- All the personal property and belongings of the person who has died
- The first £270,000 of the estate
- Half of the remaining estate
In addition to this, there is a standard Inheritance Tax rate of 40%. This is only charged on the part of your estate that’s above the threshold of £325,000 which can be increased if you give away your home to your children or grandchildren.
There’s normally no Inheritance Tax to pay if either:
- The value of your estate is below the £325,000 threshold
- You leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club.
Unfortunately, unless a Muslim couple have gone through a separate civil ceremony despite having a valid Nikah (Islamic marriage), their marriage would not be recognised by English law unless the civil content and requirements are complied with as well.
So immediately we see that writing a will helps ensure your spouse will actually inherit from you correctly, as per the rules of Islam, and will not need to spend large sums of money and countless amounts of time and health in order to prove their relationship to a court to preserve the sanctity of the estate and be able to inherit a portion of the deceased’s wealth.
The importance of wills in Islam is derived from many considerations, such as:
"It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it." (Bukhari)
3. The immediate enactment of the companions of the Messenger (ﷺ) on the topic of wills after receiving its instruction.
There are many different wisdoms for establishing a will, some of which are as follows.
1. Completing an obligation
We just covered an instruction from the Messenger (ﷺ) regarding the status and ruling of wills in Islam. In addition to this, there is a famous maxim of Islamic Legal Theory that states that
‘An obligation that cannot be completed except through another action being completed, then the completion of that action too becomes an obligation’.
Regarding this, Allah Almighty reveals within the verses of succession the following:
فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا
This is an obligation from Allah. Surely Allah is All-Knowing, All-Wise [An-Nisa :11]
A will helps us ensure that the system of Allah SWT reigns after our passing, and as such, if the will helps preserve the integrity of Islam’s rules regarding the inheritance, the obligatory ruling pertaining to the shares of inheritance in Islam applies to the will as well.
2. Attaining God-consciousness
Essentially, Taqwa is the concern within one to refrain from what is displeasing to Allah SWT and preserve what is pleasing to Him. On the topic of Islamic inheritance, Allah Almighty says:
تِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّـٰتٍۢ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَـٰرُ خَـٰلِدِينَ فِيهَا ۚ وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ ١٣ وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَـٰلِدًۭا فِيهَا وَلَهُۥ عَذَابٌۭ مُّهِينٌۭ
These are the limits set by Allah. Whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, where he will live forever. That is a great success. Whoever disobeys Allah and His Messenger and transgresses the limits set by Him, He shall admit him to the Fire, where he will remain forever. For him there is a humiliating punishment. [An- Nisa:13-14]
Creating a will requires thoughtful planning and demonstrates a sense of responsibility and accountability for your actions and their consequences. This proactive behaviour is an embodiment of Taqwa.
3. Preservation of the Rights of the People
It is established within Islamic Jurisprudence that before the payment of bequests and the distribution of the estate, all monetary debts owed to others must be paid. In today’s day and age, and given the nature of how businesses, acquaintances, and investors interact and transact, numerous situations may arise where individuals have loans or other financial obligations that aren't officially documented or witnessed.
Given that we should avoid unjustly retaining the wealth that rightfully belongs to others, it becomes crucial to establish a will that provides real-time data to the heirs regarding any outstanding debts.
4. Preservation of the Rights of the Inheritors
Similarly, it's not uncommon for individuals to have money owed to them that might not be formally recorded or acknowledged. To ensure fairness and precision, it's crucial that the nature of these debts be made known to the resulting heirs so that an appointed representative can work towards ensuring that they are repaid to the estate.
An individual may possess Sukuk, ISAs, properties in different countries, any pensions, a variety of stocks, funds across different trusts, and in today’s age, maybe even cryptocurrencies.
While we should aim to diversify our wealth to maximise its benefits within the bounds of the law, this should not be done at the expense of making it difficult for the heirs to locate or acquire the wealth. Although there may be exceptions, it's crucial that families are informed about the assets they own.
We have seen many situations where a person passes away and their spouse or family does not know where their investments are or which properties or lands they own. In some cultures, for instance, husbands may not disclose their assets or their whereabouts to their wives. Searching for the answers often creates a sense of oppression, and puts undue emotional and financial stress on the family and, in some cases, are unattainable.
5. Appreciating the Holistic Nature of the Shariah
Consider this verse:
وَأَقِيمُوا۟ ٱلصَّلَوٰةَ وَءَاتُوا۟ ٱلزَّكَوٰةَ…
Establish Salāh and pay Zakāh… [An-Nur : 56]
In numerous verses of the Qur'an, Allah SWT pairs Salah and Zakah together, demonstrating that there's no dichotomy between these two aspects of worship. Instead, they are both integral intertwining aspects of our worship where Salah is the direct, bodily worship and Zakah is the financial worship.
In the same breath, so too are the laws surrounding inheritance in Islam, for they aid the development and preservation of the rights of our spouses and families, and support the parental process, which are, by the way, all different interweaving strands of worship that help us build the unassailable relationship we seek with Allah and the enormous unprecedented prize He promises the righteous.
For instance, a well-drafted and detailed will can play a crucial role in preventing potential disagreements among family members. In the absence of a will, family members might interpret your wishes differently, some preferring culture and non-Islamic practices over divinely pre-ordained laws, leading to disputes and strained relationships. This is very common in many cultures where large family disputes over inheritance are common.
A clear will leaves no room for ambiguity. It provides explicit instructions on how each part of your wealth will be distributed among your heirs. This can be particularly important if you want to bequeath a third or less of your wealth to a cause or individuals of your choice.
Additionally, a will should not only address the distribution of wealth, but also the management of the distribution. By appointing a reliable person to enact the division, you can ensure your wishes are carried out as you intended.
This can further reduce the potential for disagreements and misunderstandings among your family members, as there can be power struggles between varying family members over who has the right to distribute the wealth. For example, a father might feel he is best placed to distribute his late son’s assets, whereas his wife may disagree, causing avoidable turbulence within the family unit.
By discussing your will and your intentions with your family members while you are still alive, you can address any questions or concerns they might have. This openness can help prevent surprises after your death, further reducing the potential for disputes. This can be particularly helpful as estranged parents, children with ex-wives and sometimes even grandparents in different countries can have a share in the inheritance in Shariah.
Also, conversations about our wills can serve as a unifying factor for our families and contribute to the process of successfully parenting our children by encouraging us to consider their future and enabling them to become self-sufficient through our guidance.
The idea of a will pushes us to consider nurturing our children to a level of maturity whereby we can discuss our assets with them with ease and understanding, as opposed to constantly nurturing the idea that they lack maturity and trustworthiness to appropriately manage a conversation of this nature.
Before we can proceed with the distribution of assets and inheritance from an individual, there are certain conditions that have to be met. These are as follows:
1. Confirmed death
It is necessary to have an official affirmation of their death. In this day and age, this verification should come from a state-sanctioned authority, such as a Medical Doctor, a Coroner, or legal authorities. It's important to note that the specific entities and procedures involved may differ according to local laws and regulations.
At first glance, this requirement for proof might appear overly rigorous. However, inheritance is only considered as inheritance when someone actually passes away, and as such, the intervention of a recognized authority to confirm the life status of a person is extremely valuable. The Shariah offers comprehensive guidance for all scenarios, and this specific level of stringent proof can be particularly appreciated in cases of the heirs differing with regards to missing persons, for example.
2. Living heirs
In order to be eligible for inheritance, heirs must be alive at the time of the benefactor's death. If an heir passes away after the benefactor, but before the estate has been distributed, then their share is directly transferred to their own heirs, thus ensuring the preservation of their inheritance rights.
Occasionally, questions arise about the inheritance rights of an unborn child. Generally speaking, if the child is born alive, they are entitled to a share of the benefactor's estate. The distribution of the estate is usually deferred until the birth of the child, or if there is sufficient reason then the share of the child will be preserved until the birth.
3. Presence of an Estate
When an individual passes away, their estate devolves upon the waratha. Waratha refers to the inheritors or heirs of a deceased person. These are the individuals who are eligible to receive a portion of the deceased's estate according to the rules of inheritance outlined in the Qur'an and the Hadith.
In its most comprehensive sense, an estate, or tarikah, includes every possible type of asset that an individual legally owns at the time of their passing. It covers real estate such as houses, land and other types of real estate.
Personal property such as vehicles, clothing, jewellery, artwork, collectibles, books, electronics, appliances, furniture, and even animals are part of the estate.
Financial assets are a significant component of the estate and these include cash, gold, bank accounts, stocks, mutual funds, pensions, and even cryptocurrencies or NFTs. Business interests, whether they are in the form of ownership shares in a corporation, membership interests in a limited liability company, or partnership interests, are also included in the estate.
Intangible assets such as copyrights, trademarks, patents, and other intellectual property rights are part of the estate as well. The estate also comprises all types of debts and rights owed to the individual, whether from personal loans or other forms of contractual obligations.
Even items that might seem trivial or inconsequential, like the loose change in a moneybox or the balance on a prepaid card are part of the estate.
In essence, anything of value that can be owned or controlled by the individual, no matter how substantial or minute, tangible or intangible, physical or electronic, traditional or modern, falls within the comprehensive scope of the estate.
Often, families may divide financial assets while keeping items like clothes, jewellery, or watches for their sentimental value. However, these personal belongings are also part of the estate and cannot be exclusively claimed by an heir or anyone else without first including them in the estate and attaining agreement from all parties with a rightful claim to the estate.
If an heir wishes to specifically claim an item such as a watch, agreements can be made wherein the individual agrees to reimburse the estate with the agreed value of the item.
This concludes part I of this 2-part series exploring the deeper wisdom of Islamic wills and how they are conducted. In the next article, we explore the rules regarding the priority of the estate, who qualifies to receive inheritance, the barriers to eligibility and advice on how we can write our own will.
Sheikh Dr. Sajid Ahmed Umar holds a 3-year University Diploma in Arabic language and Islamic Studies, a Bachelors degree in Comparative Islamic Law and Jurisprudence Methodology. He also holds a Masters degree in Judiciary, and is a qualified Judge. Sheikh Dr. Sajid has also completed a PhD in Comparative Islamic Law with his postgraduate research focusing on the area of Liquidity Management and Financial Risk Management through an Islamic lens.
Sheikh Dr.Sajid Umar in part II outlines the economic pitfalls of Riba and explores where Riba exists around us today.
Riba's contribution to wealth inequality is a critical issue in modern financial systems, as it tends to disproportionately benefit lenders and wealthier individuals, whilst often disadvantaging borrowers, particularly those with lower incomes. This phenomenon can be explained in further detail through the following points:
Accumulation of wealth: Lenders and wealthier individuals who have the means to invest in interest-bearing assets, such as bonds, stocks, and real estate, can accumulate wealth over time by earning interest income. This income can be reinvested, further increasing their wealth in a compounding manner. On the other hand, low-income borrowers often lack access to these investment opportunities, limiting their ability to build wealth.
Debt burden: Borrowers, especially those with limited financial resources, may find themselves trapped in a cycle of debt when they take out interest-bearing loans. As interest accumulates on their debt, they may struggle to pay down the principal amount. In some cases, borrowers might need to take out additional loans to cover their interest payments, exacerbating their debt burden and making it even more challenging to break free from this cycle.
Predatory lending practices: Some lenders may engage in predatory lending practices, offering loans with high interest rates and unfavourable terms, as is the case with a surge in recent BNPL loans which we will look at in depth later, to vulnerable borrowers who may not fully understand the implications of their debt obligations. Such practices can lead to an even greater wealth disparity, as borrowers find themselves trapped in debt and unable to improve their financial situations.
Opportunity cost: Borrowers burdened with high-interest debt may be forced to allocate a significant portion of their income towards interest payments, leaving them with fewer resources to invest in education, healthcare, or other avenues for personal and financial growth. This lack of investment perpetuates the cycle of poverty and further exacerbates existing wealth inequality.
Increased crime rates: Importantly, debt and crime are strongly associated, with officially registered offending increasing during periods of debt enforcement. The unequal distribution of wealth and limited opportunities for social mobility can result in increased crime rates as individuals struggle to meet their basic needs or feel marginalized by society. Debt problems are ubiquitous among people with convictions, with most of the prison population being indebted. This increase in crime can lead to further social disintegration and a decline in overall community safety.
Overburdening debt: High interest rates can make it difficult for borrowers to repay their loans, leading to a cycle of debt. This is particularly true for short-term, high-interest loans such as payday loans, which can lead to long-term financial distress for borrowers.
Inflation: When central banks set low-interest rates to encourage borrowing and spending, it can lead to increased demand for goods and services, which in turn can result in higher prices and inflation. Inflation erodes the purchasing power of money, impacting people with fixed incomes or those who rely on savings.
Discourages Saving: Low-interest rates can discourage saving, as the returns on savings accounts and other interest-bearing assets may not keep pace with inflation. This can lead individuals to seek riskier investments in pursuit of higher returns, exposing them to potential financial losses.
Artificial Asset Bubbles: Low-interest rates can encourage excessive borrowing and lead to the creation of artificial asset bubbles, such as the housing bubble that contributed to the 2008 financial crisis. When interest rates are low, people may be more inclined to invest in assets like real estate, driving up prices and creating unsustainable market conditions.
Misallocation of Resources: Interest rates can influence investment decisions, potentially leading to a misallocation of resources. When interest rates are low, businesses and individuals may borrow more than they need, investing in unproductive projects or assets. This can result in wasted resources and an eventual economic slowdown.
Short-term Focus: High-interest rates can encourage short-term thinking, as businesses and individuals may prioritize immediate gains over long-term investments or projects. This short-term focus can hinder innovation, infrastructure development, and sustainable economic growth.
The Qur'an and Prophetic narrations frequently express Islam's strong opposition to interest, emphasising that both taking and giving interest are considered a grave sin. By prohibiting Riba, numerous far-reaching benefits are ensured, including:
1. Equity in exchange.
2. Safeguarding wealth by prohibiting unjust and unequal exchanges.
3. Encouraging charity, compassion, and financial responsibility.
4. Reducing selfishness and self-centeredness, which can lead to social animosity, mistrust, and resentment.
Shariah principles aim to create more equitable and just exchanges between individuals and encourages the distribution of wealth across all segments of society. One of the key components of the system is the practice of Zakah, which embodies the idea that wealth should be circulating and accessible to all members of the community. Here's an elaboration on this concept:
1. Wealth as a trust from Allah: In Islam, wealth is considered a trust from Allah, and those who possess it have a responsibility to use it in a manner that benefits society. The practice of Zakah serves as a reminder that wealth should not be hoarded or concentrated in the hands of a few but should be shared with those in need.
2. Discouraging hoarding of wealth: Zakah discourages the hoarding of wealth by requiring eligible Muslims to share a portion of their assets with those in need. This practice ensures that wealth is constantly circulating within the economy, stimulating growth and creating opportunities for all members of society.
3. Redistribution of wealth: Zakah mandates that Muslims give a fixed percentage of their qualifying wealth to the poor and needy annually. This practice helps redistribute wealth within society, ensuring that the basic needs of the less fortunate are met, and reducing wealth concentration among the affluent. This aim of the Shariah is made clear in Surah Hashr:
لَا يَكُونَ دُولَةًۢ بَيْنَ ٱلْأَغْنِيَآءِ مِنكُمْ…
...so that wealth may not merely circulate among your rich (al-Hashr 7)
There are many stern warnings in Islam from both the Quran and the Hadith regarding the severity of consuming Riba.
ٱلَّذِينَ يَأْكُلُونَ ٱلرِّبَوٰا۟ لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ ٱلَّذِى يَتَخَبَّطُهُ ٱلشَّيْطَـٰنُ مِنَ ٱلْمَسِّ ۚ ذَٰلِكَ بِأَنَّهُمْ قَالُوٓا۟ إِنَّمَا ٱلْبَيْعُ مِثْلُ ٱلرِّبَوٰا۟ ۗ وَأَحَلَّ ٱللَّهُ ٱلْبَيْعَ وَحَرَّمَ ٱلرِّبَوٰا۟ ۚ فَمَن جَآءَهُۥ مَوْعِظَةٌۭ مِّن رَّبِّهِۦ فَٱنتَهَىٰ فَلَهُۥ مَا سَلَفَ وَأَمْرُهُۥٓ إِلَى ٱللَّهِ ۖ وَمَنْ عَادَ فَأُو۟لَـٰٓئِكَ أَصْحَـٰبُ ٱلنَّارِ ۖ هُمْ فِيهَا خَـٰلِدُونَ
Those who consume interest will stand ˹on Judgment Day˺ like those driven to madness by Satan’s touch. That is because they say, “Trade is no different than interest.” But Allah has permitted trading and forbidden interest. Whoever refrains—after having received warning from their Lord—may keep their previous gains, and their case is left to Allah. As for those who persist, it is they who will be the residents of the Fire. They will be there forever (Al-Bakarah 275)
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ ٱتَّقُوا۟ ٱللَّهَ وَذَرُوا۟ مَا بَقِىَ مِنَ ٱلرِّبَوٰٓا۟ إِن كُنتُم مُّؤْمِنِينَ ٢٧٨ فَإِن لَّمْ تَفْعَلُوا۟ فَأْذَنُوا۟ بِحَرْبٍۢ مِّنَ ٱللَّهِ وَرَسُولِهِۦ ۖ وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَٰلِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ ٢٧٩
O believers! Fear Allah, and give up outstanding interest if you are ˹true˺ believer. If you do not, then beware of a war with Allah and His Messenger! But if you repent, you may retain your principal—neither inflicting nor suffering harm (Al-Bakarah 278-279)
"Riba is a curse, and if you do not give it up, then beware of Allah and His Messenger." Musnad Ahmad
Allah has declared it impermissible to engage in interest, whether giving or taking. It is based on Allah’s infinite wisdom that He deems an action to be obligatory or prohibited, prescribing matters in man’s best interests, in this life and in the Hereafter, as He is the All-Wise, All-Knowing. We can suggest some socio-economic reasons as to why Riba is haram:
Interest-Bearing Personal Loans
A common option when looking to make a large purchase is for an individual to obtain a personal loan via friends and family, directly from a bank by paying via credit card, or relying on another form of credit. This unsecured loan may then be used to purchase any asset—in our case, a vehicle—outright with a separate outstanding debt obligation with the creditors/lenders.
From an Islamic perspective, borrowing money which is to be returned with interest from a commercial bank, or from any interest-bearing lender, irrespective of source, for any purchase, whether secured or otherwise, is impermissible. This is the purest form of a Ribawi contract.
Home Mortgages
Home mortgages are interest-bearing lump sum loans to buy property or land for both commercial and personal uses. The loan to an individual is secured against the value of their home until completion, enabling the bank to get at least part of its money if the borrower defaults.
Over 750,000 UK households are at risk of defaulting on their mortgage payments over the next two years, while another 47,000 are trapped as mortgage prisoners, according to the Financial Conduct Authority.
The FCA head wrote: “We focused on this group because the vast majority of mortgage prisoners have a mortgage from a firm that is no longer lending to new customers, and most of these mortgages were sold before 2008/9.”
The lender or mortgage broker will usually begin a full affordability assessment using the evidence and ‘stress test’ your financial situation. This has become stricter after the 2008 financial crisis, in which a contributing factor was people being given a ‘NINJA loan’, a slang term for foregoing the verification process and giving a substantial loan knowing the person is likely to default as they have ‘No Income, No Job or Assets’.
This type of loan falls under the same category as above, an interest-bearing loan, and therefore would be one of the purest forms of a Ribawī contract.
Car Finance
Finance debt for new and used cars has risen to £40 billion per year, prompting concerns that consumers may default on agreements amid soaring living costs. Analysis by The Car Expert shows that UK car finance debt has increased by £29bn since 2009.
Almost all (circa 92%) new cars are purchased using finance agreements, along with a growing number of used cars, meaning hundreds of thousands of owners could be at risk of defaulting on their debts.
The Car Expert found that the average amount financed per new car has more than doubled, increasing from just under £12,000 at the start of 2009 to more than £25,000 by the end of June 2022.
A large percentage of the car finance agreements in place fall under a tripartite hire purchase agreement. A tripartite hire purchase agreement occurs when the buyer borrows money from a third party, usually a financier, to purchase the car from the seller. The third-party financier will secure their loan against the car, and the debtor (buyer) pays an amount greater than that originally lent by the financier.
Unless the Hire Purchase is a bipartite agreement, being involved in the financing method mentioned above would be impermissible. Fortunately, there are many permissible alternatives, such as bipartite agreements, leases, and PCP (Personal Contract Purchase).
Overdrafts
Banks rely on fees charged on overdrafts as a major source of revenue and are not completely committed to transparent, upfront pricing. These often exploitative and hidden fees can have a significant impact on a family’s bank account, and as a result, they have been the subject of much scrutiny and within the purview of regulating bodies. Having a look at the total value of overdrafts in the UK we can see an unhealthy amount of overdraft used by the public with spikes in May and June 2022. In line with the first billable months for many energy price hikes around the UK.
Banks charge interest on overdrafts continuously, falling under the interest charged in exchange for an increase in time to repay what is owed. This is Riba in our debt-based transactions (Riba al-duyun).
Credit Cards
There were 355.1 million credit card transactions in November, 0.3% more than in November 2021. The total spend of £19.6 billion was 5.3% higher than November 2021.
Outstanding balances on credit card accounts have grown by 9.4 percent over the past twelve months to November and 50.9 percent of outstanding balances incurred interest compared to 52.9 percent twelve months ago.
These statistics are showing an increase in credit card use as time goes on and the cost of living has increased. A reliance on this form of credit is creating a debt cycle for many already struggling families who are using credit cards to pay for simple necessities such as food and bills. As they increase in debt repayments whilst attempting to pay for basic goods, the cost of the credit card repayments would increase and make it more difficult to be able to make repayments without defaulting.
Credit institutions may offer interest-free periods; however, they ultimately end up charging for deferred payments, falling under interest charged in exchange for an increase in time to repay what is owed. This is Riba in our debt-based transactions (Riba al-duyun).
BNPL (Buy Now Pay Later)
Buy now, pay later (BNPL) schemes are plaguing society, encouraging spending on otherwise unaffordable items or holidays. Gen Z users (those aged 18-24) are using BNPL so that they can afford to keep up with fashion trends. Another common use is to manage pressure from other debts on individuals. FCA have had to step in, attempting to regulate and provide guidance to lenders to review their harmful approaches.
BNPL schemes contain clauses allowing interest to be charged when a minimum payment is not met, or the loan is not fully paid within the interest-free period. This would constitute interest charged in exchange for an increase in time to repay what is owed, the exact definition of Riba in our debt-based transactions (Riba al-duyun).
In conclusion, the concept of Riba, rooted in Islamic teachings, highlights the importance of fostering equitable financial practices and discouraging unjust gains. While many modern financial systems have moved away from these principles and now widely accept interest-based transactions, Riba's fundamental concerns remain relevant today.
As we witness the adverse effects of interest-driven economies, such as wealth inequality, unsustainable debt burdens, and financial crises, it becomes increasingly clear that there is a need for alternative approaches to finance. By revisiting the principles behind the prohibition of Riba, we can gain valuable insights into creating more just, ethical, and sustainable financial systems that promote fairness, risk-sharing, and prioritise our relationship with our Lord.
Consuming Riba could be an obstacle standing between us and having our duas answered by Allah Almighty. The Messenger of Allah ﷺ mentioned the case of a man who spreads out his hands to the sky, making dua, and said about him, “While his food is haram, his drink is haram, his clothing is haram, and he has been nourished with haram, so how can [his supplication] be answered?" By addressing the challenges of Riba in the contemporary context, we can work towards a more equitable and resilient global economy for future generations.
Sheikh Dr. Sajid Ahmed Umar holds a 3-year University Diploma in Arabic language and Islamic Studies, a Bachelors degree in Comparative Islamic Law and Jurisprudence Methodology. He also holds a Masters degree in Judiciary, and is a qualified Judge. Sheikh Dr. Sajid has also completed a PhD in Comparative Islamic Law with his postgraduate research focusing on the area of Liquidity Management and Financial Risk Management through an Islamic lens.
A common question today is asked about Riba: ''Is the Riba of today the same as that of yesteryear,'' because in today's age, Riba is seen as a privilege and certainly not oppressive. In this two-part series, we will shed some light on this dilemma across several discussion points.
A common question today is asked about Riba:
Does modern day interest still qualify as Riba? Because Riba is seen as a privilege that is not oppressive to the individual
In this two-part series, we will shed some light on this dilemma across several discussion points. By understanding Riba-based economies, we can appreciate the value of exploring alternative financial models that promote equitable and just economic systems.
In the modern financial landscape, interest is commonly defined as the monetary charge for the privilege of borrowing money. Interest is often expressed as a fiat unit amount, while the interest rate used to calculate interest is typically expressed as an annual percentage rate (APR). Interestingly, the idea of 'privilege' is attached to these interest-based transactions, an idea that starkly contrasts with Islam's worldview on the subject.
According to Islamic principles, wealth is considered the property of Allah Almighty, entrusted upon those holding it. As such, Islamic Law sets the boundaries that clearly differentiate fair transaction practices from oppressive ones.
Riba is an Arabic term which linguistically refers to "excess" or "growth". In English, it has been translated as both "usury" and "interest" by different authors. Riba refers to a system that necessitates an undeserved gain and creates overwhelming harm to individuals, society, and the economy. In this context, Riba is strictly prohibited in Islamic finance.
The 21st century has provided unfortunate opportunities for us to experience first-hand the oppressive reality of Riba-based economies and their harms. We will delve deeper into the adverse consequences and examine their implications in greater detail later in this discussion.
We come across the term "interest" quite often in our daily lives, whether it's through loans, mortgages, or our savings accounts. But what exactly is interest? Let's break down this financial concept.
There are two main types of interest: simple interest and compound interest.
Simple Interest: This is the most basic form of interest. It's calculated as a percentage of the initial amount borrowed or invested. Simple interest doesn't consider any interest earned over time. For example, if a person borrows £1,000 at a 10% annual simple interest rate for two years, they'd pay £100 in interest each year (£1,000 x 10% = £100), for a total of £200 in interest over the two years.
Compound Interest: This is a more complex form of interest because it considers not only the original amount borrowed or invested but also any interest that has been added to that amount. With compound interest, an individual earns or pays interest on both the principal and the accumulated interest. This can lead to faster growth of an investment or, in the case of a loan, a higher total amount to repay. Expanding on the above example, if a person borrows £1,000 at a 10% annual compound interest rate for two years, they'd pay £100 in interest the first year (£1,000 x 10% = £100), and £110 in the second year (£1,100 x 10% = £110), totaling £210 over the two years.
Why Interest Matters: Interest plays a significant role in our financial lives. When individuals take out loans or mortgages, the interest rate determines how much they will ultimately pay back to the lender. When we invest in savings accounts, bonds, or other investment vehicles, the interest rate helps us gauge how much our investments will grow over time.
It's essential to understand interest rates and how they affect the world around us, whether directly or indirectly. By grasping the concept of interest, we can make more informed choices and better manage our personal finances to avoid the pitfalls of interest.
A Note on Islamic Finance: While interest is a common feature of conventional finance systems, it is considered forbidden (haram) in Islamic finance. Islamic finance principles prohibit interest-based transactions, as they can lead to wealth inequality and economic exploitation. Instead, Islamic finance offers alternative financial instruments that promote fairness, risk-sharing, and social justice, such as profit-and-loss sharing, partnerships, and leasing arrangements.
The idea of renting money is unnatural to the laws of nature. Imagine an individual who has his surplus wealth in the form of a physical asset, say a horse, for example. He would incur the physical storage cost of the asset, and the horse's value would wane over time as it aged. Depending on the nature of the asset, the one holding it would encounter some sort of cost in doing so.
If the individual lent his physical wealth, the horse, usually one of two repayment terms may be asked for:
When we think about a rent for using money, we are essentially asking for both at the same time. A return for the horse as it left the owner and a charge for being able to use the wealth. An owner hoping for new wealth in addition to their non-depreciating asset which in turn would be converted to a non-depreciating asset sounds wonderful and an investors dream. However, in the physical world perpetual wealth creation from a single stock of non-depreciating asset will remain impossible.
Although Riba is commonly translated to interest, there are cases where that which we conventionally would call interest would not fall under Riba and cases where we would say a transaction contains Riba but would not include any interest as we know it. So, let’s have a deeper dive into the types of Riba.
In Islamic Law, the topic of Usury is listed to occur in two forms.
Debt-based usury entails interest charged due to a loan, either at the beginning of the transaction, as we find with home-based mortgages as an example, or at the end of the time period of the loan in the event of the borrower requiring extra time to pay off the loan, as we find with credit card-based transactions.
Debt-based Riba occurs in two types:
A. Interest for extension (zidnī unẓirka)
Interest charged in exchange for an increase for time to repay what is owed. This debt could be a result of borrowing interest-free or on a credit-based sale and was a common practice before Islam amongst the Arabs. We find this type of Riba prevalent in Credit cards, Buy Now Pay Later schemes & Overdrafts.
B. Pre-defined interest (Riba al-qurūḍ)
Interest charged from the outset of borrowing. We find this type of Riba prevalent in personal loans, mortgages & car finance agreements.
2. Sales-Based Transaction (Riba al-buyū)
The most defining elements of Sales-based Riba are Riba al-faḍl (usury of surplus) and Riba al-nasī’ah (usury of waiting). Riba al-faḍl involves the exchange of Ribawī items with different weights, amounts, or qualities at the same time. The transaction is taken on the spot and an exchange is done instantly with the only factors being the quantities or qualities of the commodities.
Riba al-nasī’ah on the other hand is an asynchronous transaction with regards to delivery and the quantities and qualities of the commodities remain the same.
The teachings of the Messenger (May Allah’s praise and blessings be upon him) list Riba-based wealth as two categories, as follows:
1. Gold, Silver, and any wealth considered similar. In today’s age, this would include fiat money, like dollars and pounds etc.
2. Dates, Wheat, Barley, Salt, and similar storable staples, such as rice in today’s age.
In Islamic jurisprudence these items are known as Ribawi items. According to Islamic law, trading Ribawī items must follow specific rules to avoid Riba (usury or interest), which is forbidden in Islam.
If a person gives someone one ounce of gold now and receives two ounces of gold a month later, that's a Ribawī transaction.
A Ribawī transaction is a type of trade that has one or both of the following features:
1. A surplus in the quantity of specific commodities traded with the same commodity. There's more of one thing traded than the other, like if you gave someone two dates and they only gave you one in return.
This rule does not apply on commodities traded with a non-similar commodity in either category. For example, trading Gold with Silver or Gold with Dates would not necessitate similar quantities. A failure to comply with this condition would result in Riba al-faḍl and would be prohibited.
2. There's a delay in one or both parties receiving what they're owed, like if you gave someone 1kg of Gold but they gave you 500g Silver in return in one week's time or gave someone 2kg of dates for 1kg of Barley in a week’s time.
This rule always applies between any Ribawī items traded with another in the same category, whether identical or dissimilar.
A failure to comply with this condition would result in Riba al-nasī’ah would be prohibited.
If wealth from one category is exchanged for wealth from another category; there are no rules that apply. This means it would be permissible to have a deferred exchange of 100g of silver for 4 kg of dates or 1g of gold for 10 kg of rice.
Having examined Riba from an Islamic lens, let's now turn our attention to understanding interest as it is commonly known in the conventional financial system.
Interest has a long and complex history, particularly in its relationship with religious beliefs and cultures through the ages. In Christianity, the practice of charging interest was initially viewed as morally wrong and prohibited. However, over time, this stance evolved, eventually leading to the acceptance of interest in modern financial systems and by the Church itself. Here is a brief overview of this transformation:
1. Early Christianity: In the early days of Christianity, the practice of usury, or charging interest on loans, was considered sinful and forbidden. This prohibition was rooted in various biblical passages, such as Exodus 22:25, Leviticus 25:36-37, and Deuteronomy 23:19-20, which discouraged the taking of interest from fellow believers in need.
2. Middle Ages: During the Middle Ages, the Catholic Church maintained its opposition to usury. Theologians like St. Thomas Aquinas argued that charging interest was morally wrong, as it constituted a form of double-charging for the same good. [1] Money, in their view, was a medium of exchange and should not be used to generate further wealth.
3. Rise of Trade and Commerce: As trade and commerce expanded throughout Europe, the demand for credit increased. This growth led to the emergence of alternative financial arrangements, such as partnerships and profit-sharing agreements, which circumvented the church's prohibition on usury.[2] Some financial institutions, like the Medici Bank in Italy, thrived during this period, with their operations often involving interest-bearing transactions.[3]
4. Reformation and Changing Attitudes: The Protestant Reformation in the 16th century brought significant changes to the religious landscape, including a shift in attitudes toward usury.
The rise of trade in Europe led to an increased demand for credit, which created pressure to find ways around the Church's prohibition of usury.
As a result, alternative financial arrangements emerged, such as partnerships, profit-sharing agreements, and the use of "hidden" interest rates.
Reformers like Martin Luther and John Calvin acknowledged the practical necessity of interest in a growing economy. While they did not wholly endorse the practice, they believed that moderate interest rates could be morally acceptable under certain circumstances.
5. Gradual Acceptance: Over time, the practical needs of burgeoning economies and the influence of new religious perspectives led to a more widespread acceptance of interest. Governments began to regulate interest rates, setting limits on the amounts that could be charged. This change legitimised the practice of lending and borrowing at interest within the view of the christians.
6. Modern Financial Systems: Today, interest is a fundamental component of modern financial systems, playing a vital role in loans, mortgages, investments, and more. While some religious organisations and individuals still express concern over the moral implications of interest, it is generally accepted by both Church and Christians in today’s financial landscape.
In summary, the evolution of interest in Christianity has been marked by significant changes over time. The initial prohibition of usury, rooted in religious teachings, eventually gave way to the acceptance of interest as a fundamental aspect of modern financial systems. Understanding this Historical context offers valuable insights into the development of contemporary financial practices and the role of eroding religious beliefs in shaping economic systems.
This concludes the first of our two part series on Riba. Stay tuned for next week, where we dive deep to discuss the ruling of Riba in Islam and its wisdom, the economic pitfalls of Riba and begin to gain a clear picture of how entrenched our society is in Riba today.
Sheikh Dr. Sajid Ahmed Umar holds a 3-year University Diploma in Arabic language and Islamic Studies, a Bachelors degree in Comparative Islamic Law and Jurisprudence Methodology. He also holds a Masters degree in Judiciary, and is a qualified Judge. Sheikh Dr. Sajid has also completed a PhD in Comparative Islamic Law with his postgraduate research focusing on the area of Liquidity Management and Financial Risk Management through an Islamic lens.
Whether the spats and fights you have with your spouse are big or small, the number one thing every party must keep in mind and practice is, to have Taqwā (fear/consciousness of Allah). This might prove to be difficult when you are in the heat of an argument, but if you train yourself from the beginning, then it will help you to be reminded of it when a dispute does arise.
The Islamic New YearSat 30-Jul-22 (1 Muharram 1444)
The Islamic New Year has come upon us – but why do we still consider and follow this calendar when everything around us revolves around the Gregorian calendar?
The Hijrī calendar is not just any calendar, it is an extension of our Islamic faith and continuation of our Islamic heritage. The calendar marks one of the greatest incidents to have occurred in the history of Islam and even the world, serving as a turning point for Muslims and humanity as a whole; the Hijrah (Migration) of our beloved Prophet Muḥammad (ﷺ) from Makkah to Madīna. This momentous Hijrah laid down the foundation for an Islamic State that would eventually spread its beautiful and monotheistic message throughout most of the known world. In the centuries to follow, it would spread its civilisation, scientific and technological advancements, peaceful coexistence, tolerance and freedom for non-Muslims to practice their religion to countries that were still living in the Dark Ages. It presented itself and model of justice, equality and good governance for many other civilizations.
When ‘Umar ibn al-Khaṭṭāb became the Caliph of the Muslim Ummah, he consulted the senior Companions regarding having an official Islamic calendar for the Ummah. ‘Umar, a man with foresight and vision for the Ummah, understood that a calendar is a crucial identity marker of a nation. He refused to adopt the calendars of any other nation as that would further their civilisation, advancement and standing in the world. After many suggestions from the Companions, ‘Umar announced that the year in which the Prophet Muḥammad (ﷺ) migrated would mark the beginning of this new Islamic calendar. The calendar would begin with the month of Muḥarram and end with the month of Dhul-Ḥijjah.
Muḥarram is not only the 1st month of the Islamic Calendar which marks the New Islamic Year but also one of the four sanctified months of the year. As Allāh says in the Qur’ān:
“Indeed, the number of months with Allāh is twelve [lunar] months in the register of Allāh[from] the day He created the heavens and the earth; of these, four are sacred. That is the correct religion, so do not wrong yourselves during them. And fight against the disbelievers collectively as they fight against you collectively. And know that Allāhis with the righteous [who fear Him].” (Surah al-Tawbah, 9:36)
The Prophet (ﷺ) said, “Time has come back to its original state when
Allāh created the Heavens and the Earth; the year is twelve months, four of which are sacred. Three of them are in succession; Dhul-Qa‘dah, Dhul-Ḥijjah and al-Muḥarram, and (the fourth being) Rajab Mudar (named after the tribe of Mudar as they used to respect this month) which stands between Jumādā (al-Thanī) and Sha‘bān.” (Ṣaḥīḥ al-Bukhārī Ḥadīth No 7447)
The significance of the Islamic Calendar is evident by the fact that many Islamic rituals, obligations, acts of worship and even personal matters (marriage, divorce, age of majority, etc.) are connected to it. For example, the three pillars of Islam are based on the Hijrī Calendar; Fasting, Zakāh and Ḥajj. The age of majority (bulūgh) of a child, menstrual cycle of a woman, waiting period (‘Iddah) of a divorcee are calculated and determined based upon the Hijrī Calendar, whose months are based on lunar cycles, as opposed to solar or luni-solar. Allāh says in the Qur’ān: “They ask you, [O Muḥammad], about the crescent moons. Say, “They are measurements of time for the people and for ḥajj [pilgrimage]”.” (Surah al-Baqarah, 2:189).
It is for the above reasons that Muslims all over the world should use and promote the Islamic Calendar. The following are some practical examples and tips that can help the Muslims keep this importance Islamic heritage and faith alive:
In conclusion, the revival, preservation and promotion of the Hijrī Calendar is one of the ways that the Muslims can protect their Islamic identity. In a world and a time where Muslims’ identity are threatened and conflicted, it behoves us to re-establish and hold up, proudly and confidently, the various signs of the religion and faith that will help the Muslims to stay strong, unique and steadfast upon the way of Islam.
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