Ethics and Fiqh for Everyday Life

UNGS 2050

Sections 40 / 41

“Ethics & Fiqh for Everyday Life”

Time t-th
11.30 am 1.00pm
2.00-3.30 pm

Venue LT 3

Consultation Hours:
Mon. – Fr. 9. 00am – 12.00 pm

References are any reliable and scientific books that deal with the topics discussed in the class.

Final exam 50 %
Participation, presentation, attendance
10 %
Mid-term exam 20 %: to be determined
20 % Collective assignment:
Collective article review (ANY of the following articles available on-line):

http://islamonline.com/news/articles/6/Muslims-and-Housing-Today.html

http://www.islamonline.com/news/articles/2/The_philosophy_of_decoration_in_Islamic_architectu.html

http://islamonline.com/news/articles/2/Islamic_Architecture_Examining_some_of_its_early_.html

http://www.islamonline.com/news/articles/2/Islam_and_aesthetics_Some_observations.html

http://www.islamonline.com/news/articles/2/The_lessons_of_Prophet_Muhammad_(PBUH)_in_housing.html

http://islamonline.com/news/articles/2/Courtyards-in-Islamic-domestic-architecture.html

Form groups of 3-5 persons in each group (no mixing between br. and sis. in groups), divide your tasks and produce collectively a review of ANY of the 6 articles.
The assignment (review) should have two parts: first: a brief summery of the main ideas in an article; second: your comments/discussion about different aspects of the article chosen (Methodology, language, conclusions, line of discussion, etc.)
Chose ANY of the 6 mentioned articles.
ONLY TWO pages; single spacing; TNR 12; Deadline:……..
Submission during the class

medinanet.org
(become a member and try to benefit/contribute as much as possible)
Two weeks.

What is Ethics?

1. “Ethics is a code of values which guide our choices and actions and determine the purpose and course of our lives.”

Values/beliefs/standards they are the CAUSE an ethical/moral action is the EFFECT
Causal relationship

2. “Ethics refers to standards of conduct, standards that indicate how one should behave based on moral duties and virtues, which themselves are derived from principles of right and wrong.”

Two aspects of ethics: 1) the ability to discern right from wrong, good from evil (knowledge)
2) and the commitment to do what is right and proper, and to avoid what is bad and evil. (action)

The first requirement is knowledge;
Secondly, action

Causal relationship
Cause + effect

Knowledge + action = ethics (overall behavior) (ihsan)

Three conditions for a deed to be accepted: 1. That it is done in the name of God 2. That it is done in accordance with Islam (Shari’ah) 3. That it is done in the spirit of excellence (total commitment/devotion)

The example of our beloved Prophet (pbuh):
His mission lasted 23 years: 13 years in Makkah and 10 years in madinah.
What was the nature of his preaching in Makkah?
He talked/preached ONLY concepts, understanding them, understating life, death, God, man, etc. In other words, he taught people to know who they, their life, their God, their environment, etc., are. The meaning of society, one’s purpose in life, etc. (basic knowledge)
What was the nature of his preaching in Madinah?
When was the obligation of Prayer revealed?
Alcohol?

Some burning ethical questions:
How to determine what is good and what is bad?
How are solutions to ethical dilemmas determined?
Why to be ethical?
What is a value?
Who determines values?

4. Ethics in the West is seen as a branch of philosophy in which men attempt to evaluate and decide upon particular courses of moral action. (Encyclopedia Americana)

Man’s limitations (mental, psychological and physical), plus the power of his emotions, associations, etc, do not qualify man to be in charge of evaluate and deciding upon particular courses of moral action in absence of divine guidance.

Qur’an said: “…man has been created weak”
“…man has been created from haste”
“you (man) have been given but little knowledge.”

Philosophy is a science that attempts to solve biggest life secrets, that attempts to furnish man with a conceptual, ideological and moral framework within which man will operate. Having said this, the scopes of philosophy and religion are almost the same. Where there is much philosophy there is little space for religion; where there is much religion there is little space for philosophy.
The source of philosophy is man (human intellect) and the source of religion (Islam) revelation (God). What is then Islamic philosophy???
The source of ethics: God or man (revelation or reason)
Ethical uncertainty

Based on this definition we observe the following: 1. Authority is given to philosophy (human mind, brain or intellect, REASON) rather than religion (revelation or God). In Islam intellect is no less important than in the West, however, above it stands revelation which is more authoritative. 2. Man is given the power to decide upon courses of action to be either ethical or unethical 3. This makes the whole science of ethics as a relative (not absolute) and uncertain one. In other words, its foundation and principles are not permanent because its source is not permanent. There are no permanent values or principles or ideology that we can refer to.

Values are permanent and do not change. What changes are conditions in which people live. We subject ourselves to values not the other way round, that is, to subject values to ourselves (Qur’an calls it human lusts/desires)

In Islam, ethics is seen also as a science that is concerned with what is right and what is wrong, but the role of man is a different one and the role of spirituality (God or revelation) is given its due.
Revelation is the source of ethics; man is its target. The role of man is to internalize both the ethical norms that are given and the conditions in which he lives, and to find, then, the best modus operandi for the implementation processes. In doing so, man, while using his mental abilities, integrates the permanence and absoluteness of the given-by-God ethical framework and the dynamism and relativity of his life conditions.
This way, the science of ethics is a normative one where its principles and ideological framework are permanent and cannot be changed.
What is a value or a virtue remains as such forever. What is a sin remains as such forever.
This belief gives people confidence when required to behave ethically.

Beware of a person who betrayed God.

I practice architecture (BE) because of… (This is the profession(s of BE) A) “I”, the professional? Who am I? What is my character, ethics, etc? What are my goals as a professional? My goals and objectives as a professional must be in line with, or part of, my overall objectives and purpose as a vicegerent on earth and as a servant of Allah. There can be no conflict between the goals and objectives of me as a servant and vicegerent (khalifah) and the goals and objectives of my profession. B) “PRACTICE”, How do I practice? (eg. With integrity or corruption; do I destroy surrounding, both natural and man-made, or do I take care of them, etc.? To practice CORRECTLY. C) “ARCHITECTURE” (visible elements) D) “BECAUSE OF…” What are the goals and objectives of what I do? My goals and objectives must be in line with, or part of, my overall objectives and purpose of life. There can be no conflict between the goals and objectives of my life and the goals and objectives of my profession.

Some characteristics of Islamic ethics:

1. It is a divinely inspired system as it is an integral part of shari’ah. That is, Islamic ethics is based in revelation not human reasoning. 2. Morally good intentions are to be followed by permissible actions. That is, there must be consistency in our intentions and actions. Hadith: actions are determined by intention (niyyah). Everything is in the heart. The principle “end justifies the means” does not apply in Islamic ethics. 3. The ultimate goal behind worldly possession is to help one live according to the demand of the moral life. (al-Kahf 46) In other words, this life’s pursuits are not an end in themselves. They are a means for achieving higher goals. Dunya-akhirat relationship. Dunya is to be cultivated in order to ensure a well-being in akhirat. Only then does pursuing dunya start making sense. The biggest LOSER is the one who pursues dunya for the sake of trying to possess it. Dunya is a MEANS, akhirat is the END. What would be the beauty of dunya if there is no akhirat??? 4. Freedom to accumulate wealth and other worldly benefits is to be coupled with a sense of moral responsibility. No forms of unjust exploitation and deceit, corruption, etc. are tolerated. This is to be singled out as a characteristic because materialism is a dominant ideological force of today. 5. Balanced and equitable distributive justice is given full recognition. Islam has mechanisms by which wealth can circulate. However, differences in income are tolerated. (Materialism versus total justice) 6. Participation in worldly activities is strongly encouraged on condition that such actions lead to the fulfillment of one’s own spirituality and that of his community. (This world as the only opportunity to earn akhirat)

In summery: Islamic ethics strikes a balance between this world and the Hereafter. No activity is allowed if the balance is to be disturbed. In doing so, revelation is given an authoritative role. The role of intellect is a secondary one. It is expected to internalize, actualize, comprehend and implement the dictates of revelation. It is to never try to overrule revelation.
Islamic ethics together with the shari’ah signify a mechanism for achieving the good of both worlds.
That is a sign of Allah’s immeasurable love/care for man. Allah’s love/care is active, not passive. Allah wants us to succeed, i.e., to have a happy ending in Jannah. That is not all, though. Allah made sure that the path to that end is clearly outlined/presented.
Man as khalifah (vicegerent) on earth possesses an “executive” power, so to speak.
Despite the enormous power and title vested in man, man was, is and will remain no more than just a servant of God.

Behavior is an effect; what is the cause: ideas (ideology), principles, ideals, belief system, worldview, values.

Ideological Framework for Islamic Ethics

1) The idea of tawhid (believing in God’s Oneness) that is to say, to recognize Allah as the only God, Creator, Lord and Sustainer Who must be duly recognized in all our worship activities (everything we do). No thing or a person is to be raised to the degree enjoyed by God. This is to be clear in both our words and practice. Raising anything or anybody to a level that belongs only to God, in whatever form or by whatever means, means shirk (associating other deities with God, which is the only unforgivable sin.
Two types of shirk: 1) an outright /clear one; and 2) hidden / concealed one.
Allah is the only Creator. Man creates nothing. Man only manipulates things around him, making, remaking, shaping and reshaping them. Creating ex nihillo (from absolute nothingness) is the quality of God alone. (The issue of creating built environment)
Master-servant relationship
Creator-Creation relationship. No matter what happens there will never be a change in titles.
Al-Baqarah 255 / al-Anbiya’ 22 / al-Furqan 43
What is a god (idol)? A person’s god (idol) is that which is his obsession / his highest priority in life.
Islam came to destroy idols of all kinds and to direct man to worship real God (tawhid). It follows that as soon as man neglects real God, he is bound to create / develop his own idols (gods).
Man must worship something: either real God or…
The Book by Isma’il Raji al-Faruqi: “Tawhid: its Implications for Thought and Life”
Tawhid is an idea that in its broadest sense clearly defines the meaning of God, man, nature and the relationships between them.
So significant is the idea of tawhid that it epitomizes, or symbolizes, the whole message of Islam. It is the identity of Islam, Muslims and Islamic culture and civilization. It is the essence and soul of everything that carries the name “Islamic”, including architecture, planning, art, etc.
The Prophet (pbuh) said: “He who says “La Ilaha illa Allah”, will enter Paradise”

Ethical implications of tawhid:

1.1. It makes people behave morally knowing that there is He everywhere and in every situation watching and “recording”. The Prophet’s definition of excellence: “Excellence is to worship God as if you see Him, for if you do not see Him He sees you.” Normally, people misbehave if they know that “nobody” is watching, and that they will not be punished. 1.2. It makes people realize that God is their best Friend. He wishes people (His servants) the best. In Islam, ‘do’s and ‘don’t’s mean God’s intervention aimed to make people live meaningful, healthy and appropriate lives. God loves us; He cares for us; He wants us to remain on the path of truth and, as a result, be happy in both worlds. God wishes all the best to His khalifah. Thus, God’s instructions are to be seen as guidelines guiding man to the projected destination. Should man reject these guidelines, once in Hell, he has nobody else but himself to blame. God repeatedly declares in the Qur’an that He does injustice to nobody, it is people that do injustice to themselves. 1.3. People’s real “fear” and love will be reserved only for God. All other forms of love and fear will be subjected to the ultimate one reserved for God. Example: People’s love for parents will only be meaningful and appropriate if that form of love is “overshadowed” by love of God. 2) People’s love of this world will only become meaningful and appropriate if the same is “overshadowed” (guided) by love of God. People’s relationships are based on interests and on how close they are to each other. There is no one in (with) whom we have more interests than in (with) God, and there is no one closer to us and more important to us in life than God. Hence, He is to be loved / respected most. 1.4. Believing in tawheed saves people from narrow-mindedness, human prejudices, superstition, and self-centredness. Believers think universal. Tawheed liberates, everything else enslaves. 1.5. Tawheed makes people fear no other entity except God. Nor do they see any other entity as the source of real help. 1.6. Tawheed makes people brave. 1.7. Tawheed makes people avoid cheating, discrimination, double standards, mediocrity, etc. as they know that all these sins are hated by Him Whom they worship. 2) The idea of amanah (trust)
Implications: life is amanah. In fact, everything in life, including our own self and life is amanah. Human relations, as well as their dealings with nature are also based on the spirit of amanah. That means that everything we do we have to discharge it as well as possible as we will be held accountable for that. It also means that everything enjoys its rights upon us. We must give everyone and everything his / its rights. (Human rights, animal rights, rights of the environment) We do not talk only about amanah in pure religious terms but also in all the other aspects of life: study, work, politics, economics, human relations, in office, in studio, in classroom, at home, etc.
Misbehaving in any degree and towards anybody or anything means violating a kind of trust (amanah)
(al-Ahzab 72; al-Nisa’ 58; al-Anfal 27)
The Prophet said that there are three major traits of a munafiq: 1) when he talks he lies, 2 when he promises he betrays his promise, and 3) when he is entrusted (amanah) with something he fails to fulfill the trust.
People who are aware of the meaning and importance of amanah will understand seriously their duties, will try to discharge them to the best of their ability, and will not corrupt their services /actions with such immoral practices as cheating, laziness, corruption, stealing, mediocrity, misusing other people’s/institutions’ property, etc.

3) Human responsibility and human freedom

Implications: people are free. There will be no meaning to da’wah and reward and punishment in both worlds if people are not free. However, considering the nature of people, their freedom must be regulated (guided). It also must be tied to responsibility. We must know that what we choose to do is because of our freedom to act. Also, we must be prepared to face the consequences of our actions. Anything else will be unfair and unjust. Human freedom is not absolute; it is relative. Expressing our freedom must not have any negative effect on other people’s rights or their own way to enjoy their own freedom.
It is because of freedom that man can become either a devil or an angel. Since man is free, and since his mental abilities are limited, it is only fair that he accepts that help from revelation guiding his choices (regulating his freedom) is needed.
Al-Kahf 29; al-Insan 2; al-Zumar 7

4) The idea of khilafah (vicegerency)
Implications: on being born, man is given the most honorable position. Thereafter, he has no reason to look for anything else in that regard. His concern should be to live his life honorably, respectfully and responsibly. In other words, he is to live or to stay as khalifah. He is to behave towards other forms of life as khalifah: towards animals, plants, etc. God’s ethical instructions meant for man are to sustain him live an honorable life. They prevent man from losing his orientation and purpose of life and thus sink to the level enjoyed by either devils or animals. God said in the Qur’an that He is the source of all honor for man. All other pretentious sources are in fact the causes of humiliation / degradation.
Staying khalifah means peace, harmony and sustainable development on earth. Violating the position of khalifah means perpetual destruction, imbalance and violence on earth. The job of khalifah is to sustain not to destroy. (al-Baqarah 30-39)

Islamic business ethics
(“Islamic business ethics” by Rafik Issa Beekun) * The source of all wealth is God. (Razzaq; Raziq) He gives to whomever He wants and as much as He wants. Everything given to us is a kind of loan given so that we can smoothly execute our mission on earth. Wealth given to people is in accordance to God’s plan. Being grateful with what we have means being satisfied with Allah’s plan. The opposite means being unsatisfied with God’s plan. Thus, gratefulness and humbleness are of the greatest virtues in Islam, and ungratefulness, arrogance and wastefulness are of the biggest sins. (al-Shura 19; al-Talaq 3; al-Nisa’ 32) The story of Karun in surah al-Qasas. * Charity must be part of every believer’s lifestyle, not only through yearly zakat but also through regular sadaqah activities. This is one of the pillars of Islam. So significant is this tenet that the Prophet has said, for an instance, that sponsoring an orphan is the sponsor’s ticket to jannah. (al-Muddaththir 42-44; al-Munafiqun 10) * Halal wealth must be sought by every individual. If the sources of wealth are not halal that means that a family is fed by haram means. An example of haram means is our cheating at work, underperforming willingly, violating willingly the code of practice at work, etc. The Prophet said that he who cheats us (ummah) does not belong to us (ummah). * Wealth seeking is a very important, yet essential, aspect in life. Without it life cannot be lived. The Prophet was a businessman before he became the Prophet. Islam is not against wealth, trade, business, etc., yet it sees as inevitable; however, Islam is categorically against worshipping wealth and money. Islam is not against controlling this world, but it is against being controlled by this world. Interestingly, some prophets, like Dawud and his son Sulayman, were the most powerful men that ever walked on the face of earth. Yet, they also remained among the most pious of all men. * In business we must be honest and truthful. Hadith: “Truthfulness leads to righteousness, and righteousness leads to Paradise… Falsehood leads to evil-doing and evil-doing leads to hell. A man continues to tell lies till he is written before Allah as a liar.” Also: “Merchants will be raised on the Day of Judgment as evil-doers except those who fear Allah and are honest and speak the truth.” Honesty must be observed in every aspect of business from producing, distributing, selling, advertising, etc. * Keep your word. Hadith: “If you guarantee me six things on your part I shall guarantee you Paradise. Speak the truth when you talk, keep a promise when you make it, when you are trusted with something fulfill your trust, avoid sexual immorality, lower your gaze, and restrain your hands from injustice.” * Love God more than business. Qur’an 9:24 * Do not deal in fraud. Be transparent. * Be fair and just in all your dealings. (al-Mutaffifin 1-3; al-Isra’ 35) Allah says: “Deal not unjustly and you shall not be dealt with unjustly.” (Qur’an 83: 1-4) Qur’an also condemns the people of the Prophet Shu’ayb for their unjust business practices. (al-Shu’ara’ 177-185) * Avoid bribery/corruption. Hadith: “The one who gives and the one who receives are in Hell.”
Bribery is “a payment made to a person who holds a certain authority in consideration of a misuse of that authority to gain a certain benefit for the payer, which the payer is legally and morally not entitled to get.”
Al-Baqarah 188.
Prophet sending his employee to collect taxes. * Practice excellence. Islam is a religion of excellence. Mediocrity is sin and thus un-Islamic. Hadith: “Allah loves when you do something that you excel in it.” * Time management. (al-‘Asr) * Riba (Usury): Riba is an unjustified earning where a person could receive a monetary advantage in a business transaction without giving a just counter value. The main difference between trade and riba is that the business risk in trading is allocated more evenly among all the parties involved, whereas in riba the business risk lies heavily, if not solely, on the borrower. Riba signifies any increase of capital not justified by a risk taken. Two types of riba: Riba al-Nasi’ah and Riba al-Fadl. The term nasi’ah means to postpone, defer, or wait and refers to the time that is allowed for the borrower to repay the loan in return for the addition or the premium. Riba al-Fadl applies to hand-t-hand purchases and sale of commodities. It covers all spot transactions involving cash payment in one hand and immediate delivery of the commodity on the other. To avoid this riba people have to exchange commodities equally. The price and the counter-value should be just in all transactions where cash payments are made by one party and commodities or services are delivered reciprocally by the other. Anything that is received as extra by one of the two parties to the transaction is riba al-FAdl. Riba al-Fadl is all excess over what is justified by the counter-value. JUSTICE is at the core of prohibiting riba.
Qur’an on riba: ar-Rum 39; al-Nisa’ 161; al-Baqarah 275-281
HAdith: “The mildest form of usury is like a man marrying his mother.”
Riba is one of the seven biggest sins, in the same group as shirk, consuming the property of an orphan…
A dirham of riba is greater than 36 fornications (zina).

Principles of Islamic Environmental Ethics (Chapter Four) (While reading kindly pay attention to the Qur’anic verses and the Prophet’s hadiths)

1) Man as the khalifah on earth (al-Baqarah 30-39) Earth and everything thereon are the facilities for his earthly mission. Built environment is also a facility for the same purpose. Hence, facilities must be taken care of. Destroying environment (i.e., facilities) means destroying ourselves. It is a suicide. Khilafah (vicegerency) also means that man is in charge of managing earth and its resources. Doing so is a trust from God to man. Failing to properly manage the earth (environment) means that man did not fulfill the trust (amanah). Man is the manager of earth. It is because of this that of the objectives of Islam and its shari’ah is the preservation of wealth (including the natural wealth) and the wellbeing of future generations, which can be realized only by preserving the resources of nature. It is because of this, furthermore, that an Islamic principle is: “No harming and no reciprocating harm.” (Hadith)
We know the importance of trust (amanah) in Islam. Yet amanah towards nature is perhaps the most important one, considering how much we are dependent on nature.

2) Environment is subjected to man’s use. Everything around us has been subjected to us, including the objects in the heavens. They are divine gifts which are to be dealt with humbly and graciously. Sins like wasting, arrogance, showing off, imprudence… are some of the biggest sins in Islam.
Things have been created for man as facilities so that the fulfillment of his vicegerency mission is facilitated / made easy.

3) Environment worships God. Environment is a muslim. Dealing with environment means dealing with Allah’s faithful servants. Destroying environment means destroying / killing Allah’s faithful servants. What should be the punishment for destroying Allah’s faithful servants?
There are so many verses in the Qur’an that begin with the words like: “Everything (without exception) in the universe glorifies / performs sujud / sing praises to God

4) All things have been created in a due proportion and measure (carefully balanced). Whole creation is an expression of an intricate balance. Whenever the balance is disturbed what happens next?

5) Environment as a mosque (masjid) based on what the Prophet has said.

6) Environment as an open “book” full of signs which the faithful must “read”. Environment proves the existence of God, if it is properly read / dealt with. Environment is a source of spiritual enhancement. Islamic idea of meditation / contemplation. Trying to “read” nature.

7) Environment is a field of our ‘ibadah practices. Hence, our treatment of environment testifies to the depth / weakness of our faith.

Professional ethics * Excellence. Islam is a religion of excellence. Mediocrity is a sin. Hadith: “Indeed, Allah loves when one of you does anything that he/she does it excellently.” Prophet’s prayer: “May Allah have mercy upon anyone who masters his profession” (that is, who carries out his assignments excellently) He also said that Allah PRESCRIBED excellence in EVERYTHING using the same tone as in other Islamic principles such as praying, fasting, etc. Everyone is not to (cannot) be excellent but everyone must strive for excellence, that is, try his/her best. Excellence is to be everyone’s / every institution’s vision. If things, including religious rituals, are not done in the spirit of excellence, they are not accepted by God. Hadith: “God is good and He accepts only that which is good.” Poor quality of work, irresponsible attitude, lack of interest and drive to work / contribute, carelessness are all alien to the notion of excellence and those institutions that adopted it as part of their visions. The Prophet defined excellence as “to worship (do everything as Islam is a way of life) God as if we see Him, because if we do not see Him He sees us.” * Justice / fairness for all and in all situations. We must deal with others as we would like others to deal with us (hadith). Teamwork (interacting with people) is a cornerstone of every firm / institution. * Continuous upgrading of our skills and expertise. Islam says that seeking knowledge is a DUTY for each and every Muslim and Muslimah from the cradle to the grave. (But what knowledge? The Prophet sought protection from God against knowledge that brings no benefit) “Knowledge” that does not bring us closer to God and does not support the notion of fulfilling our purpose on earth, yet it contradicts them, is not knowledge. * Loyalty to company / firm / institution that employs us. Being employed means entering into a contract with a firm / institution. Violating a contract stands against such values as trust (amanah), obedience, respect, etc. * Treat company’s resources as our own. People often think that the notion of wasting does not apply to firms / companies / institutions, communities taken as a whole. Using official resources for official purposes. * Never neglect the promotion of good and the prohibition of evil. Such is an individual duty in all circumstances. Work is an ideal opportunity for this as work is an avenue for people to display their (im)moral inclinations. While interacting with people we show the effects of values on our life. Easily people can be attracted to it and if nothing out of curiosity attempt to discuss, ask questions, enquire, etc. In fact, we do not have to talk. Actions speak louder than words. * Punctuality and time management (al-‘Asr) * Try to see work as a form of worship, as it should be. Try to see work as a form of jihad (struggle for the Islamic cause). Work will then be transformed into a source of inspiration, pride, confidence, happiness and joy. The notions of stress and depression will be easily kept at bay. * Use your job, income, position, etc, as a means for achieving some higher goals. Do not worship those things, they do not deserve it. * Remain an asset to the firm / company / institution. Do not become a liability. Make it as part of your personal mission as an employee. * Be an agent of change * Ensure safety and health of your work environment * Keep steering your firm / institution / company toward the realization of the community’s goals.

Types of virtue (moral excellence, moral correctness, morality)

1. Man-man relationship (interpersonal ethics) 2. Man-nature relationship (environmental ethics) 3. Man-God relationship (tawhid, amanah, khilafah, human freedom and responsibility)

Islamic morality in surah al-Hujurat
Interpersonal ethical relations:

The relationship between the content of the surah (focusing on interpersonal ethical relationship) and the title of the chapter, i.e. dwellings. Interpersonal relations are fostered and cherished at home more than anywhere else.
(6, 9-14)

1) Trusting and acting upon no rumors. Verifying news received, especially if they are important and concern others. 2) Not calling others bad names. 3) Not ridiculing others 4) No despising others 5) No backbiting. How bad is this practice? What is the definition of backbiting? 6) No spying 7) No suspecting others 8) No slandering others 9) Islamic brotherhood, unity. No Islamic belief without unity and brotherhood (Hadith). 10) The unity and brotherhood of mankind

Ethics of Muslims for Living in a Multi-Ethnic Society
(How much can Islamic core values enhance inter-ethnic, inter-cultural relations???)

Qur’an:
“In the creation of the heavens and the earth (in the ways life is created and functions), and in the differences of your languages and skin-colors – there are signs…..”

1) Know and learn about Islam all the time so that Muslims and Islam are respected by others. This is in line with the Islamic principle of constant seeking knowledge. “Respect yourself if you want others to be respected.” “How can someone be a true Muslim if he/she does not know about Islam!?” (Knowledge of Islam as a key / driving force) 2) Emphasize such Islamic principles and values as enhance peaceful co-existence with others, such as tolerance, brotherhood, excellence, education, universality of Islamic message, respect for environment, respect of neighbors (people), sustainability, environmental protection, etc. (al-Ma’idah 32) 3) Never stop portraying Islam in the best of images. This will be an aspect of da’wah, as the best form of da’wah is to show good example to others. Actions speak louder than words. By the way, Islam is a religion of actions, not words (slogans) only. (Al-Saff 2-3) 4) Muslims must be united so that they are strong and their word heard. Islamic brotherhood is paramount in Islam. (Hadith: “You are not believers until you wish others (other believers, brothers) what you wish for yourself.” Al-Hujurat 13: “Believers are brothers…” “O people, We have created you from a single pair of man and woman and have made you into nations and tribes so that you may know each other (learn from one another, ta’aruf)…” 5) Respect for others whoever they are. Islam promotes brotherhood in humanity. Islam views as problematic only real problem/trouble makers, whoever they are: Muslims or non-Muslims. (Surah al-Mumtahanah 8-9) in this verse God says that Muslims can take non-Muslims who are peace-loving, law-abiding people as partners in life affairs. Difference between friendship and partnership. 6) Always try to make people understand Islam so that it is not misunderstood, and because it is Allah’s last revelation to mankind, and because it is a natural religion. This is also a segment of da’wah which must be done with wisdom, beautiful preaching and argumentation in beautiful ways. (al-Nahl 125) (Qur’an) Also, make an effort to understand the religions/cultures of others so that the spirit of dialogue and mutual understanding is strong. This is our duty failure in which leads to some serious consequences on the day of judgment. People must know that Islam is not the “new” religion. They must understand that Islam is the only religion recognized by Allah and that it was revealed to all prophets throughout ages. Many other existing religions are of the remnants of the past prophets’ teachings. 7) Try to be among the best, if not the best, in all constructive pursuits, as Islam is the religion of excellence. 8) To identify some values and principles common, partly or totally, to all groups so that a solid platform for developing society is established. In other words, dialogue is to be a culture, not conflict. Islam is a religion of tolerance, dialogue, progress, etc.

Islamic rulings and ethical principles related to organ donations

Donating organs in Islam is permissible if it is done within permissible limits of Islam.

Conditions associated with a living donor: 1. He/she must be an adult and at least 21 years old. 2. He/she must be a person who is in full possession of his/her faculties so that he/she is able to make a sound decision by himself/herself.\ 3. It should be done on one’s free will without any external pressure exerted on him/her 4. The organ donated must not be a vital organ on which one’s survival or sound health is dependent. 5. No transplantation of sexual organs is allowed.

Conditions associated with deceased donors: 1. It must be done after having ascertained the free consent of the donor prior to one’s death. It can be through a will to that effect, or signing the donor card, etc. 2. In a case where organ donation consent was not given prior to a donor’s death, the consent may be granted by the deceased’s closest relatives who are in a position to make such decisions on his/her behalf. 3. It must be an organ or tissue that is medically determined to be able to save the life or maintain the quality of life of another human being. 4. The organ must be removed only from the deceased person after the death has been ascertained through reliable medical procedure. 5. Organs can also be harvested from the victims of traffic accidents if their identities are unknown, but it must be done only following the valid decree of a judge.

The Prophet said: “Whosoever of you can render any benefit to his brother should do so.”
No greater benefit than saving or improving the quality of someone’s life.
Organ donation is seen as a meritorious act that entails many rewards.
It is seen as sadaqah jariyah.
Islam being the religion of mercy for all, organs can be donated to non-Muslims as well, if there is a need. However, the hierarchy of relationships applies here. Those who are closest to a donor and they might need an organ that organ should goes to one of them. If there is a fellow brother believer and a non-Muslim priority naturally goes to the former. Or, if there is a family member and any other fellow believer, the priority goes to the former, and so on…
Organ cannot be donated to enemy, murtadd, etc.
Fatwas on permissibility of organs donation: in Egypt 1952, by grand mufti; in Malaysia 1970, by National Fatwa Council; by Muslim World League in Makkah in 1405 H; OIC in Jaddah in 1408 H.
Clear distinction between DONATING and SELLING, TRADING, BUSINESS, etc.

Some Questions to ponder:

How do I see myself as a husband/wife?

How do I see my new role contributing to the wellbeing of society?

1) Be pragmatic 2) Do not have too high expectations generated by other external factors 3) One’s priority is to be an excellent husband (father) / wife (mother). Everything else comes as second. Qur’an instructs us to keep our family away from hellfire. 4) It is a delicate imperative – more delicate than it appears to many – to strike a balance between the demands of the family and the outside world. This is especially the case with regard to the wife / mother as her top priority is the house realm. The husband’s top priority is the family with all its external and internal aspects. 5) The easiest scenario is when one’s duties outside the house are the extension of one’s duties inside the house. But this is a rarity in today’s societies. 6) Every person is to be fully aware of his/her duties and rights as determined by Islam. The objective of such duties and rights is precisely what is needed, that is, to have a balance between different aspects/realms of life: personal, family and social. Certainly, the Creator of men knows best.

Malaysian scenario: 50 % men and 50% women. How then to explain the reality that at Malaysian universities there are 70 % women and only 30 % men?

Plastic Surgery / cosmetics (face) / reconstructive surgery (victims of burn and accident victims) in Light of Islamic Principles

* Plastic cosmetic surgery / or reconstructive surgery is permissible in Islam only if it can correct or improve a defect that bothers a person physically, emotionally or psychologically. It should be done when it is very much needed. Unnecessary plastic surgery / cosmetics, just to change the shape and style is a waste of time and money and is disliked according to Shari’ah. * Surgeries for beautification are in vague today as the result of the materialistic pattern of Western civilization, whose main focus is the body and its desires. (Hedonism) * There is nothing wrong with plastic or reconstructive surgery if it is used to treat a deformed organ where the operation will offer a better quality of life. However, such surgery is not permissible if it is used for the mere purpose of beautification and altering the creation of Allah. * This does not mean that a person should not show interest in his outward appearance and beauty. Ibn Mas’ud reported that the Prophet used to have an interest in his appearance and adornment. He also urged his Companions to do the same. * Hadith: “Allah is beautiful and loves beauty.” * In Islam, not only things that please eyes are beautiful but also the things that please the soul. In fact, only such things as please the soul can be beautiful for the eyes as well. No thing that does not please the soul can be pleasing for the eyes, as far as real believers are concerned. * Plastic surgery/ cosmetics – or any other form of beautification whereby Allah’s creation is altered, or is done for some impure purposes – is nothing but Satan’s business.
Of Satan’s strategies is to hide away the positive aspects of a thing projecting them as bad, and to hide away the negative aspects of a thing projecting them as positive. (example: people do evil because they see it as attractive; they shun virtuous acts because they see them as unattractive.) * Al-Nisa’ 119, Satan said: “And surely I will lead them astray, and surely I will arouse desires in them, and surely I will command them and they will cut the cattle’s ears, and surely I will command them and they will CHANGE ALLAH’S CREATION. Whoever chooses Satan for a patron instead of Allah is verily a loser and his loss is manifest.”

The social role/significance of the concept of al-amr bi al-ma’ruf wa al-nahy ‘an al-munkar (enjoining good and forbidding evil)

-AMNM is an individual duty, according to our abilities.
-It is a formula for the Ummah’s survival / progress
-Allah says that AMNM is a reason why this Ummah is the best one. Based on this, neglecting AMNM is a reason for this Ummah becoming the worst. (Alu ‘Imran 110; al-Tawbah 71)
Still, there should be a group of people who will professionally engage in AMNM ((ALu ‘Imran 104)
-Munafiqs, as opposed to believers, stand united in enjoining bad and forbidding good. (al-Tawbah 67)
-In a story in surah al-A’raf the consequence for neglecting AMNM has been presented. There were three categories of people: Evil doers, good ones but who tried to prevent the first group from doing evil, good ones but who were careless about what the first group was doing (no AMNM). Allah punished the first group, saved the second one, but said nothing about the third group. Allah’s silence about the third group (careless towards AMNM) indicates that being good without engaging in AMNM is not the guaranty for safety/success. (al-A’raf 163-166)
-The punishment for neglecting AMNM is that Allah will send a stern punishment to people. Then, they will regret and implore Allah’s mercy but to no avail. (Hadith)
-Also, Allah may appoint the worst amongst a people to rule over them. Then, the best amongst the people will implore Allah’s mercy but to no avail, as stated in another hadith.
-In surah al-Ma’idah, 79, Allah says that the Children of Israel, those who rejected Faith, were cursed by the Prophets Dawud and ‘Isa because they did not forbid one another the sins they committed.
-According to a hadith, one is never to ignore/tolerate sins. He is to try to cancel them out by hand (using power) or by tongue (using advice, pen, etc.) or by heart (hating sins and praying to God to help him do more about them)
-Being able to do something about a sin, but failing to do so, means that we a partners in “crime” as well as that we condone/approve off the sin.
-The worst spiritual condition is when people do not see evil or good as such.

Surrogate parenting (surrogacy)

Observe: the use of scientific and technological advances for the sake of expanding immorality and unethical conduct. Instead of being grateful and humbled by them, we use those advances for diversifying and intensifying the committing of sin.

* Surrogate parenting (motherhood) is refereed to as “hiring a womb”. The procedure involves using the service of another woman to serve as a carrier for the fertilized ovum of a couple. The woman makes herself available to inject the fertilized ovum (egg-cell) into own womb and then carries the child to its full term on behalf of the other couple. * This is sometimes done for a fixed amount of money and sometimes it is free, subject to the agreement of the two sides. * Normally, people resort to this procedure because a married woman who desires to have a child has problems in carrying her child to its full term or because of her desire to simply forgo the “trouble” of conception and labor. * According to Islam this is prohibited because: 1) it is an adulterous practice since man’s sperm goes into a woman’s womb who is not his wife (al-Mu’minun 5); 2) There is a problem of the identity of the child; 3) Confusion as to blood ties; 4) Encourage the surrogate mother to claim legal rights to the couple’s child she bore, like what happened once in the US (quarrel between people) 5) In Islam pregnancy is not a burden, it is a blessing; it is a part of people’s roles on earth; if a woman dies during pregnancy or childbirth she is a martyr (shahid) 6) This encourages that a new form of “business or trade” be initiated thus destroying the family institution and leading to other social ills; 7) This is against the natural laws in creation and whatever is unnatural the consequences that ensue are dire. (Qur’an: 42:50) * Hadith: “Fear Allah in respect of women”. (Sunan Ibn Majah) This practice indicates an improper (inhuman) treatment of women.

What are the steps one should take if one wants to change (get rid of) bad morals/habits/character and replace them with good virtues?

What are the steps to improve our morality

1) Realize that you have a problem. Realization is one of the most significant steps on a journey to a change. Tawbat. 2) Identify all the other bad things related to/associated with a bad habit you want to change. A habit is part of a bigger and complex picture. 3) Work on inventing new but positive habits which will replace the old bad ones. A vacuum, once an old habit is removed, is dangerous. It must be filled up. Often people go back to old habits if the vacuum remains empty for long. Al-Ghazali said that once the heart is not preoccupied with good it automatically becomes susceptible to (inventing/doing) evil. Being completely idle can be dangerous. 4) Be self-critical. Do not be biased towards your own self. Conduct regular self-assessment (muhasabah) exercise. In Surah al-Hashr God instructs us to look (critically) at what we have prepared for tomorrow. Umar b. al-Khattab said: “Assess yourself before you are assessed (on the Day of Judgment) and weigh up your deeds before they are weighed up for you.” 5) Change friends if they are seen as the catalysts for the bad habits you want to change. Look for new friends who will be the catalysts for your new positive habits. How can a person be a friend if he nurtures bad habits in me! That is not a friendship, it is an evil association. The Qur’an says that all so-called friends from this world will turn against each other on the Day of Judgment, except believers (among whom best friends can be found) 6) Change your environment, if it is seen as conducive to bad habits you dislike and want to change. Our attitudes, mindsets and intentions are to a large extent shaped / influenced by our surroundings. In a hadith a man killed 99 men but still decided to repent and change. He was advised that he will succeed only if he changed his environment (the place where he lived) because it is the environment that was driving him to be what he was: a criminal. 7) Make sure that you possess a clear (Islamic) perception of life and that you are clear with what you are supposed to do in life (your mission). You will always and easily try to get rid of things that are incompatible with your vision and mission and which somehow made a way into your life. 8) Work on enhancing your spirituality in order to open your eyes and the rest of your faculties, seeing things as they are: bad as bad and good as good. Qur’an speaks of people having eyes but being blind, having ears but being deaf, etc. It is not the eyes that are blind but the hearts in people’s chests - Qur’an concludes. The Prophet prayed to Allah to open up his faculties so he can see the truth exactly as it is, and the falsehood exactly as it is. 9) Keep reading beneficial things. Many books, magazines, movies, TV programs can give you more harm than benefit. 10) Intensify and try to bring more sense into your routine worship practices. Enhance your relationship with God; He is your best Friend. You need self-confidence. This is a way to get it. 11) Make the Qur’an (reading, understanding and applying it) your permanent companion. 12) Love yourself. Care for yourself. Sometimes, certain bad habits are suicidal. Changing bad habits means rescuing / helping yourself in either dunya or akhirat, or in both. If you do not want to help yourself, nobody will. If you do not care for yourself, nobody does. Once identified and seen as it is, why is there so much fuss / trouble in trying to change a bad habit???
Why is it difficult to quit smoking when I know that it is suicidal???
Why is it difficult to quit backbiting / gossiping / hating / being jealous, etc. when I know that all these are suicidal in akhirah / spiritual terms???
Why is it difficult to adopt a healthy lifestyle (good habits) when I know that living unhealthy lifestyles (bad habits) destroys me???
Islam ONLY asks us to stay away from bad / evil / destructive / disgusting things and to cling to good / clean / positive / productive / healthy ones. One should be proud to declare a personal war against bad habits. This is certainly a form of JIHAD. The Prophet said that a mujahid is he who confronts his lust / desires (hawa nafsu). 13) Intensify dhikir. It helps in adjusting to some new habits, as well as in forgetting the old ones. 14) Strengthen bonds with your family. Seek their help in getting rid of bad habits. They love you more than anybody else. They wish you good as much as you do to yourself. 15) Never forget du’a. It is a weapon of the believer. It is a gateway to Allah’s help, love, care, protection, etc. When/if everyone turns his/her back on you, God is there for you, loving, caring, listening, helping. So do not hesitate to call on him anytime and anywhere. “God is a ‘YA RABB” away” ‘Awrah and the Islamic dress code

Regarding men everything between the navel and the knee is awrah and thus should covered at all times.
Regarding women the whole body except the face and hands – and according to the Hanafi school, the feet – is awrah
In front of close male relatives awrah is what is between the navel and the knee, and the stomach and the back.
In front of other Muslim females awrah is from the naval down to and including the knees.
Awrah in front of non-Muslim females awrah is the whole body except the face and the hands – just like in front of foreign men. However, if the non-Muslim women can be trusted then the awrah is like in front of other Muslim women. This is to prevent non-Muslim women, who do not understand Islamic dress code, from describing the hijab-wearer to other men.
Remember: modesty is always the rule, in all situations.
Qur’an calls upon both men and women to be modest and to lower (control) their gaze. (al-Nur 31-32)
HAdith of Asma’ bt Abi Bakar
The reality of the early Muslim societies indicate to what extent Muslims were serious about this issue.
The issue of hijab was NEVER an issue with Muslims until the colonization era.
Purda is not required. It may be a cultural expression. Some women resort to wear purda in order to shield themselves completely from the evil (fasad) of modern societies. They should be commended for that, rather then to be criticized.
The purpose of dress is to hide/cover awrah, as well as to serve as an adornment. Thus, tight and transparent dress does not serve the purpose. The Prophet warned that there will be so many women in hell who were dressed yet naked.
The subject of tight and transparent dress also applies to men’s covering of awrah.
Is women’s voice an awrah?
Can women wear trousers?
Read: al-Ahzab 32-33

Islam on Coupling
(intimate relationships between unmarried persons / married persons outside marriage)

Islam is against coupling. Muslims should have good relations with everybody, males as well as females, at school, at work, in neighborhoods, etc. We must be kind and courteous to everybody. However, it is not allowed for a Muslim to take non-Mahram person of an opposite gender as a very close friend. This situation is a very delicate one and it at times leads to haram things. Claiming that one can be in control at all times is not an excuse because emotions are at times beyond people’s control. Also, even if some people can remain in complete control, exceptions do not invalidate the rule(s). Consequences of unhealthy behavior between a man and woman are so detrimental that Islam shuts every door that may lead to such a situation, and also Islam introduces so many ways with which people may stay away from those things.
According to a hadith, while a person does zina, iman leaves his body and does not return till after the act. If a person dies then he dies as non-believer.
Qur’an says that good men and women are those who marry, do not have fornicating relationships and do not have or take “akhdan” which means sweethearts or mistresses or lovers. (al-Nisa’ 25; al-Ma’idah 5)
Hadith: “Whenever two strangers of opposite gender are alone with each other, Satan becomes the third one between them.” Satan will then do just anything to lead the two persons to any immoral behavior, no matter of what kind or degree they are all wrong. Allah warns us not to go even near zina or fornication. Certainly, coupling is going near zina although zina is not committed the sin is till incurred.
In order to keep Muslims pure and clear of sins, God introduced so many measures, such as: 1. Lowering gaze, for both men and women. No lustful look should exist. (Al-Nur 30, 31) 2. Covering awrah. No transparent or tight or seducing clothes. Covering awrah by transparent or revealing clothes is not covering awrah. In al-Ahzab 32, God instructs women not to talk in such a way (whatever way) that a desire will be created in those men in whose hearts is a decease. Also, in al-Ahzab 59, God instructs Muslim women to wear proper clothes so that they will not be disturbed or even insulted by certain men. 3. No khalwah, as mentioned earlier. 4. General morality should always be observed when men and women are together. For example, women should be serious in speech and decent in way of walking. Communication must be like among professionals, devoid of most of emotions and feelings. Women is also not perfume herself, especially with those perfumes which are meant to get men’s attraction. Hadith: “Any women who wears perfumes and then passes by a group of men and they smell it, she is an adulteress (zaniyah).” 5. Islam’s insistence that Muslims get married as soon as they are ready and can afford it. Hadith: “Marriage is a half religion”. Marriage is a key to much good and a receipt for staying away from so much evil. Islam thus made the marriage an easy and affordable prospect. Societal rules and traditions should do the same. Mahr is a minimum, wedding parties cost…..?
How then to get married, because getting married (or looking for opportunities to finally get married) is an excuse to many for coupling???
This should be a societal effort to create a new culture and substitute those which are alien to Islam and its civilization. All these problems were unknown to Islam and Muslims till the decline of Islamic civilization and the rapid spread of foreign, especially Western, influences which unfortunately are rooted in infidelity, materialism, exploitation of women for commercial gains, and other ungodly philosophies and ideologies.
So, what could be done?
The following are useful steps: 1. The young person constantly makes du’a to God that He helps him find the right person (we are in Ramadan and to one who fasts du’a is accepted) 2. The family is to be involved to the extent that proves most efficient and useful. We must always bear in mind that parents are the people who love us MOST and everything they say is due to their love and best intentions. They have gone through what we want so surely they are in a position to advise us. They can be involved in enquiring, discussing and suggesting candidates. They do all this with their sons and daughters whose decision is final after all. They do it together, narrow down the “list” of potential candidates and some further steps can be undertaken. 3. SINCERE friends can be involved in the same process as well, as well as relatives, peers, etc. 4. Prospective candidates meet in group environments and exchange vies on so many issues pertinent to marriage, etc. They meet as many times as needed. Certainly, there are many public occasions where these meetings can be held in presence of friends, family members, peers, etc. These meeting are not amount to coupling. 5. If the meetings are not successful then everyone goes after his/her business as usual without any consequences that may cost someone his/her future, honor, human dignity, spiritual wellbeing, etc. 6. No one is to be forced to marry someone he/she is not in favor of. But what is needed are ways and strategies which should be promoted as valid and acceptable by all possible means and media. We always must remember that the objective of Islam is to preserve humans dignity and that people live decent, honorable and meaningful lives. 7. Once the candidates are identified they pray istikharah to God.

Islam on Justice (its meaning, significance and forms)

Justice in Arabic means ‘adl or ‘adalah which means straightness and uprightness or consistency istiqamah.
A simple definition of justice is to place things at their right places. That is, to give everything and everyone its/his/her due rights.
It is an Islamic principle that everything/everyone enjoys its/his/her rights upon us. Hence, those rights are to be honored and duly discharged. Doing so is implementing justice. For example, a person invested with some power is just when he gives everyone under his/her jurisdiction their rights / when he/she creates such conditions that would allow that people’s rights are respected and fulfilled. People in power are to do exactly that and no more. Hence, we always say that people with power have no power at all. Their responsibilities are just greater than those of ordinary people. Al-Ra’i versus al-Ra’iyyah
When God created the universe He created it on the principles of justice (harmony, balance, equilibrium) Ar-Rahman 7-11. Thus, God insists from His khalifah on earth to maintain the existing scenario (justice) as it is in the universe and also in all things that man can invent/create on earth (systems of living, built environment). God explicitly ordains that justice be done under all circumstances. Al-Nahl 90. No wonder then that this verse is recited at the end of each Friday sermon as the final and most important reminder to the congregation before Imam leaves the minbar.
Justice is relationship/friendship blind. It is higher than everything else. Qur’an insists that justice must be done even if family members are involved. (al-An’am 152) Once a woman with relations to some tribe leaders was charged with theft. Some people interceded on ground that she is connected to those of power and influence so that the punishment could be scraped. The Prophet (pbuh) then said that even if his daughter Fatima was in the place of the woman he would allow that justice takes its course.
Justice is a guarantee of achieving a high level of piety (taqwa) al-Ma’idah 8.
Qur’an says that if people turn away from divine guidance with regard to the implementation of justice, they will succumb to the demands of their lusts/desires, thus create forms of injustice. Al-Nisa’ 135.
Justice in business. Al-Baqarah 182. al-Mutaffifin 1-3.
Justice in law/judiciary. Al-Nisa’ 58.
Justice in marriage. Al-Nisa’ 3, 129.
Based on all this, Islam advances such values as equality among people, brotherhood in religion with Muslims and in humanity with non-Muslims (al-Hujurat 13), respect for human dignity (al-Ma’idah 32), safety, security, environmental protection, etc. All this values are related, directly or indirectly, to justice (according things, animals and people their rights).
Justice is thus greatly rewarded by God.
In contrast, injustice or kezaliman is seen as one of the biggest sins. Disbelief and shirk are described as injustice because when a person rejects the plain and obvious truth which is close to his fitrah he does greatest injustice to his self. Al-Baqarah 254.

What is FIQH

Fiqh (Arabic: فقه) is Islamic jurisprudence. It is an expansion of Islamic law, complemented by the rulings of Islamic jurists to direct the lives of Muslims.
The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib), forbidden (haraam), recommended (mandūb), disapproved (makruh) or merely permitted (mubah)". * |
Etymology
The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the science of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence). The process of gaining knowledge of Islam through jurisprudence, and the body of legal advisements so derived, is known as fiqh.
Introduction
There are cases where the Qur'an gives a clearly defined and concrete answer on how do deal with different issues. This includes how to perform the ritual purification (Arabic: wudu) before the obligatory daily prayers (Arabic: salat).
On other issues, the Qur'an alone is not enough to make things clear. For example, the holy book states that one needs to engage in daily prayers (Arabic: salat) and fast (Arabic: sawm) during the month of Ramadan, however, it does not define how to perform these duties. The details about these issues can be found in what is called the tradition of Muhammad (Arabic: Sunnah). This is true for most detailed issues, thus the Qur'an and Sunnah are the basis for the Islamic Divine Law (Arabic: Shariah).
However, the Muslim jurists (Arabic: Fuqaha) do not always agree on how to interpret the Qur'an and Sunnah to arrive at the sharia. This division of interpretation in more detailed issues has resulted in different schools of thought (Arabic: madh'hab).
And with regard to some topics, the Qur'an and Sunnah are simply silent. In those cases, the Muslim jurists (Arabic: Fuqaha) try to arrive at conclusions using other tools. Sunni jurists use analogy (Arabic: Qiyas) and historical consensus of the community (Arabic: Ijma). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia constitutes of, and is called fiqh. Thus, in contrast to the sharia, fiqh is not regarded as sacred, and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious.
This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life. Methodologies of jurisprudence usul al-fiqh
The Modus operandi of the Muslim jurist is known as usul al-fiqh (principles of jurisprudence).
There are different approaches to the methodology used in fiqh to derive sharia from the Islamic sources. The main methodologies are: * The four classical Sunni schools are, in chronological order: the Hanafi school, the Maliki school, the Shafi'i school and the Hanbali school. They represent the generally accepted Sunni authority for Islamic jurisprudence.
Other schools are the Thahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad. The four most famous schools mentioned go back to the schools as Sufian Bin Oyayna.[citation needed]
The four schools of Sunni Islam
The four schools (or Madh'hab) of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are * Hanafi (Turkey,Pakistan, the Balkans, Central Asia, Indian subcontinent, Afghanistan, China and Egypt) * Maliki (North Africa, West Africa and several of the Arab states of the Persian Gulf) * Shafi'i (Indonesia, Malaysia, Egypt, East Africa, Yemen and southern parts of India) * Hanbali (Arabia).
These four schools share most of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.
The Hanafi school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. Imam Abu Hanifa (80A.H. - 150A.H.), whose real name was Nu'man ibn Thabit, was born in the city of Kufa (modern day Iraq) in the year 80 A.H (689 A.D). Born into a family of tradesmen, the Imam's family were of Persian origin. Under Imam Abu Hanifa, the witr prayer was considered to be compulsory and the Hanafis also differed with other sects in relation to methods of taking ablution, prayers and payment of tithe or zakat. Imam Abu Hanifa also differed with the other three schools in many areas including the type of punishments meted out for various crimes in Islam. On the whole, the Hanafi school of jurisprudence could be said to have the most differences with other three schools.
Students of Imam Malik established the Maliki school of which a majority now can be found in North Africa and some Persian gulf states . Imam Malik, whose real name was Abu Abdullah, Malik bin Anas, was born in Medina in the year 715 AD. His ancestral home was in Yemen, but his grandfather settled in Medina after embracing Islam. He received his education in Medina, which was the most important seat of Islamic learning, and where the immediate descendants of the Muhammad's followers lived. Imam Malik was attracted to the study of law, and devoted himself to the study of fiqh. His principal book, the Kitab al-Muwatta, is one of the earliest surviving books on hadith and fiqh. Differences under the Maliki school included the fact that those following the Maliki school could state their purpose (or niat) once only for compulsory fasting which is valid for the whole month of Ramadhan whilst for the Shafi'ie school (see below), one would have to state his purpose every day of the month of Ramadhan for his fast to be valid the next day.
Topic for discussion:
“From a perspective of Islamic ethics, discuss 4 problems at IIUM. 1. Describe the problems. 2. Analyze the causes of the problems you have highlighted. 3. What can be done to improve the situation? 4. What can I do?
Break up into groups of 3-4 persons in each group.
Discuss the matter and produce a presentation material in power-point form. Each group will present before the end of semester. Presentations will start next class. Each group must have presenter(s) or spokesperson(s). Presenter(s), the content and presentation method(s) will be rewarded.
Presentation not more than 15 minutes.

((The objectives of maqasid al-shari’ah))
Protecting People’s Interests (maslahah pl. masalih) in Islam

Most jurists classify maslahah (maqasid) into three categories each of which must be protected: (1) the daruriyyat (essentials), (2) the hajiyyat (complements), and (3) tahsiniyyat (embellishment).

Each divine ruling aims at one of these three.
Islam is a manifestation of Allah’s love/care for us.
All dos and don’ts are aimed to bring benefit upon people. They are in the best interests of people.
Whatever Allah has decreed for a person, it must be good for the person, even if he fails to understand at first the benefit intended for him.

The daruriyyat are those interests upon which life depends and the disregard of which results in “disruption and chaos.”

The daruriyyat consist of five essential interests: the preservation of din (religion), nafs (life), ‘aql (intellect), nasl (progeny), and mal (property). In order for any rule of law to be valid and applicable it must not violate any of these five essentials and the ultimate intent of the law.

The hajiyyat are those interests the disregard of which result in hardship but not in the destruction or ruin of the community. The hajiyyat are complementary to the daruriyyat.

Lastly, the tahsiniyyat are those interests “whose realisation leads to improvement and the attainment of that which is desirable.” An example of such is cleanliness in personal appearance. Without these tahsiniyyat, or embellishments, life would be “less beautiful and less refined.”

To understand the traditional place of protected interests in Islamic law it is important to note that the purpose of Shari‘ah in jurisprudential theory is to assure the welfare of the people (tahqiq masalih al-‘ibad). Typically, Muslim jurists divided the welfare of the people into three categories: necessities (daruriyyat), needs (hajiyyat), and luxuries (kamaliyyat or tahsiniyyat). According to Muslim jurists the law and policies of the government must fulfill these interests, in descending order of importance—first necessities, then needs, then luxuries. The necessities are further divided into five basic values—al-daruriyyat al-khamsah: religion, life, intellect, lineage or honor, and property.

According to Shatibi, the primary objective of the Lawgiver is the maslahah (welfare) of the people. The obligations inherent in the Shari’ah concern the protection of the maqasid (objectives) of the law, which in turn aims at protecting the maslahah of the people. Shatibi divides maqasid into daruriyyat (indispensable), hajiyyat (necessary), and tahsiniyyat (beneficial).
The daruriyyat comprises the following five: (1) religion (din), (2) self or the right to life (nafs), (3) intellect or sound mind (aql), (4) family or lineage (nasl), and (5) property (mal). The hajiyyat are required in order to extend the operation of the maqasid and to remove the rigidity inherent in literal interpretation. Such rigidity may well lead to hardship which, in turn, could disrupt the maqasid of the Shari’ah. Finally, the tahsiniyyat refers to the adoption of the most commendable and beneficial customs, habits, ethics, and morality.
In light of his three-fold division of the maqasid, Shatibi extracts the following five rules:
(A) darura is the foundation of all maslahah;
(B) the disruption of a daruri necessitates the disruption of other objectives absolutely;
(C) the partial disruption of a haji or tahsini does not necessitate the disruption of the daruri;
(D) an absolute disruption of haji or tahsini disrupts the daruri;
(E) the preservation of haji and tahsini is necessary for maintenance of the daruri.
Shatibi adds that the purpose of the maqasid (objectives) of the Shari’ah is not only aimed at good in this world but good in the hereafter as well.

Al-Baqarah 185
Al-Talaq 4, 7
Al-A’raf 157
Al-Nisa’ 28

The Prophet (pbuh) said to Muadh b. Jabal and Abu Musa al-Asha’ri when he sent them to Yemen to teach the people Islam there: “Treat the people with ease and don't be hard on them; give them glad tidings and don't fill them with aversion; and love each other, and don't differ.”

People’s interests (masalih) and built environment. 1. How to observe the three categories of masalih when planning, building and using built environment?

2. How to plan/design a house/ a mosque / a public building in light of the three categories of masalih?

3. What is daruriyyat, hajiyyat and tahsiniyyat in a building? 4. If Allah does everything due to certain interests for man, His khalifah on earth, how do we do the same in our own actions, like built environment?

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503549272

EUTHANASIA

The following is a Fatwa issued by the European Council for Fatwa and Research:
The Council surveyed the studies presented to it regarding euthanasia and after discussing them it arrived at the following conclusions:

First: the definition of euthanasia

The word (euthanasia) is originally a Greek word and it consists of two components: the prefix ‘eu’ which means ‘good, nice, merciful, or facilitated’, and the suffix ‘tathanos’ which means death or killing. Therefore, the word ‘euthanasia’ linguistically means ‘merciful death or killing’ or ‘good’ or facilitated death’.

In the terminology of modern science the word ‘euthanasia’ means “facilitating the death of an incurable patient at his own pressing request presented to the treating physician.”

Second: The various types of euthanasia

Euthanasia comes in a number of different means:

1. Direct or deliberate euthanasia:

This is done through giving the patient a lethal dose of curare or barbiturates or other derivatives of cyanide with the intention of killing. This has three cases:

a. The voluntary case, when the process is carried out at the pressing request of the patient who desires to die while he is fully conscious, or according to an already written testament.

b. The involuntary case, which is the case of a sane unconscious adult patient. The action to end his life is taken on the decision of the physician who thinks that killing him is for his or her own good, or according to the decision of the patient’s guardian or relatives who think that killing is in his or her best interests.

c. In the involuntary case where the patient is incapable of reasoning, whether a child or insane, the action is taken according to a decision made by the treating physician.

2. Assisted suicide:

In this case the patient ends his (or her) life by himself according to instructions given to him by another person that provides him with the information and devices that help him to die.

3. Indirect euthanasia:

This is done through giving the patient doses of tranquilizers or sedatives to abate the severe pain. With time the doctor will have to increase the doses to control the pain. It is a procedure preferred by therapists, but large doses may lead to difficulties in breathing and dysfunction of the cardiac muscle, which will result in death that was intended though anticipated beforehand.

4. Passive euthanasia

This is achieved by refusing to treat the patient or interrupting the treatment necessary for his survival, including the removal of the apparatus of artificial breathing from the patient in the resuscitating room when it is confirmed that his (or her) brain is dead and there is no hope of restoring his consciousness.

Third: The legal aspect of euthanasia:

Although the common medical traditions in the countries of the world and the majority of physicians still reject and strongly abhor the practice of euthanasia, and although the valid laws in most countries of the world consider the killing of a human in any way a crime punishable by law, euthanasia is being increasingly practiced in a number of European countries under the guise of misleading names that make authorities overlook it or make the courts refuse to apply the legal penalties against those who commit it. These events have almost become a daily practice in countries like Holland so much so that euthanasia has become something legalized by Dutch authorities.

Fourth: The justification offered by supporters of euthanasia

It seems that the practitioners of euthanasia depend on certain justifications, such as:

- The irreligious philosophy prevalent in the West, which measures the value of life by one’s contributions of production and creativity in and towards society. If one becomes dependant on others, it seems that it is better that one dies.

- Euthanasia would relieve the patient and free him from the suffering, agony, and pains that he cannot endure.

- Euthanasia would reduce the suffering of the patient’s relatives and friends who take care of him or her, and it would also spare the costs and economic burdens the family or the society bear. Besides, the advocates of euthanasia see that the patient has a personal right to decide his or her fate and has the right to be killed if he or she so desire.

Having considered the different legal stances Western countries take concerning euthanasia, both in approval or rejection, the Council decided the following:

1. The prohibition of direct active euthanasia and the prohibition of suicide and assisting in bringing it about, for according to the Shari`ah killing a patient suffering from a terminal illness is not permissible for the physician, the patient’s family, or the patient himself. The patient, whatever his illness, and however sick he (or she) is, shall not be killed because of desperation and loss of hope in recovery or to prevent the transfer of the patient’s disease to others, and whoever commits the act of killing will be a deliberate killer. The Qur’an confirms without a shadow of a doubt that homicide is absolutely forbidden, as Allah Almighty says: (And take not life, which Allah has made sacred, except by way of justice and law.) (Al-An`am 6: 151)

He Almighty also says,(Because of that We ordained for the Children of Israel that if anyone killed a person not in retaliation of murder or for spreading mischief in the land—it would be as if he killed all mankind.) (Al-Ma`idah 5: 32)

2. It is unlawful for the patient to kill himself (or herself) and it is unlawful for somebody else to kill him (or her) even if he is given leave to kill him. The former case will be suicide and the latter will be aggression against the other by killing him, for his permission does not render the unlawful act lawful. The patient does not posses his own soul to permit somebody else to take it. The Prophetic hadith is known regarding the prohibition of suicide in general. The person who commits suicide will be tortured in the Hellfire in the same way he (or she) killed himself. If he believes that suicide is lawful, he will be a disbeliever and will abide in the Hellfire forever; otherwise, he will be severely punished.

3. It is impermissible to kill the patient for fear that his (or her) disease may transfer through contagious infection, even if he is terminally sick (such as one suffering from AIDS). It is not permissible to kill him to prevent the spread of the disease, for there are many other means to do so, such as quarantine. On the contrary, the patient must be protected as a human being and be provided with the required food and medicine till his or her life comes to its natural end.

The Prophet (peace and blessings be upon him) is reported to have said, “Allah created no disease but created something to cure it.” (Reported by Al-Bukhari and Muslim)

In another hadith narrated by al-Tirmidhi we read:

“O Allah’s Servants! Seek treatment, for Allah does not create a disease but creates a treatment for it.” In the hadith narrated by Ahmad we read: “Allah created no disease but created something to cure it. Some may know it and some may not.” So these Prophetic hadiths give us hope of discovering cures for what we term today as ‘incurable’ diseases.

Indeed, we have witnessed the discovery of cures for what people considered at one time incurable diseases. Therefore, it is impermissible to kill the carrier of the disease because it is incurable, nor on the pretext of protecting the healthy people from it.

4. As for facilitating death by withdrawing artificial resuscitating apparatus from the patient who is clinically regarded as “dead” or “practically dead” because of the damage to the brainstem or brain, with which human beings live and feel; if the action of the physician is merely stopping the treatment instruments, it will be no more than giving up the treatment, in which case his action is legal and permissible, bearing in mind that these instruments can preserve the apparent life of the patient - represented by breathing and circulation - though the patient is actually dead, for he cannot conceive, feel or be sensitive to anything because of the damage of the source of all that, namely the brain. Keeping the patient in that state would waste vital resources and would prevent other maybe curable patients from benefiting from the instruments being occupied for the practically dead patient.

http://www.islamic-truth.co.uk/sitefiles/shariah_not_fiqh.htm

Sharia'h vs Fiqh
- Perhaps they support each other?
ITG look into the question of whether Muslims should be concentrating on learning more about Shari'ah over Fiqh? It should be emphasized that the two are related and that one supports the other at times of difficulty.

Muslims should concentrate on Shari'ah, not Fiqh

The difference between Shari'ah (Canon law) and fiqh (Canonical Jurisprudence) is not well known as these two terms are frequently used synonymously. The linguistic meaning of the word Shari'ah is a non-exhaustive source of water from which people satisfy their thirst, while fiqh implies having a deep understanding.

Simply put, Shari'ah is the divine law, as stated in crystal clear terms in the Qur'an and the Sunnah, while fiqh is the law derived by fuqaha (jurists) from these two sources according to a specified ijtihadi methodology (Usul-ul Fiqh) comprising qiyas (analogical deduction), ra'y (subjective opinion), istehsan (moral or social preference), istidlal (inference), maslaha al-mursaleh (public interest), ijma' (consensus of opinion), and several other methods of deductive reasoning. The Shari'ah comprises only about 30 ayat ul-ahkam (verses containing ordinances - nusus) of the Qur'an and about 70 sayings of the Apostle of Allah, upon whom be peace, bearing upon various socio-political aspects of community life.

In comparison, by far the larger part of fiqhi rulings are the outcome of above listed deductive methods of reasoning. The great fuqaha of the past arrived at their legal findings on the basis of a very deep and conscientious study of the Qur'an and hadith but nevertheless, the results of such study were highly subjective and time-bound. Originally, all such rulings were intended by the authors to facilitate the application of Shari' rulings to the specific questions of their time. Subsequently, fearing lest the cultural influences of the newly conquered territories - such as Neo-Platonic philosophy and Graeco-Roman ideas - corrupt the pristine purity of Islam and the unanimity of Muslim outlook, the great scholars of the first two centuries of Islam (AH) had extended the clearly stipulated nass ordinances of the Divine Law by additional corpus jurus derived from the Qu'ran and Sunnah by means of deduction.

But the great jurists never intended that their rulings were relevant for all times. However, later generations of Muslims came to regard their rulings as sacrosanct and as an integral part of the Shari'ah.

Little do some people realize that elevating anything else to the level of the Qur'an and Sunnah is tantamount to committing a sin.

The limited scope of the explicit ordinances (nasus) of the Qur'an and the Sunnah was deliberately meant to provide an essential safeguard against legal and social rigidity. To ensure the eternal relevance of His Final Message to mankind, Allah subhanahu wa ta'ala had provided for an in-built mobility and flexibility. By providing a small, concise and precise volume of His Divine Law, He had, as it were, staked out the legal boundaries within which the community can develop and flourish in concord with the requirements of changing times.

The Shari' ordinances (nasus) are by their very nature self-evident (zahir) and not open to conflicting interpretations. The Law-Giver intended them to be accessible to every believer's direct understanding. It is only in the nasus of Qur'an and Sunnah that collectively constitute the real, eternal Shari'ah of Islam.

The Shari'ah in its entirety refers either to obligatory acts (fardh), the omission of which constitutes a sin; or to forbidden acts (haram), the commission of which constitutes a sin. Whereas the larger area of things and activities which the Law Giver has left unspecified - neither enjoining nor forbidding them in categorical terms - must be regarded as permissible (mubah) from the Shari' point of view.

The Shari'ah cannot be changed because it is the Divine Law. In fact, there is no need to change it, simply because it legislates only with regard to those aspects of human life which by their very nature are not subject to change. Moreover, all the Shari' ordinances are so formulated that they can be applied to every stage of man's social and intellectual development. However, because of its brevity, the Shari'ah cannot - nor was it ever intended to - provide detailed legislation for every contingency of life. On the other hand, whenever changes were indispensable for human progress (for example, in matters of administration, technology, economic legislation etc), the Shari'ah either lays down general principle only or refrains from making any legal enactment.

This is where there is room for ijtihad (independent reasoning) in consonance with the spirit of
Islam. It must, of course, be understood that ijtihadi legislation (fiqh) that is evolved under the inspiration of the Qur'an and Sunnah (occasionally even with the help of the ijtihad of past generations) will always be subject to amendment by the ijtihad of subsequent generations. That is to say, this legislation can amount to no more than a temporal, changeable law.

To be more specific, the legitimate field of the community's lawmaking activity comprises (a) working out of details in cases and situations where the Shari'ah provides a general principle but no detailed rulings, and (b) establishing principles and working out details with regard to matters which are permissible (mubah) and thus not covered by the Shari' laws at all. Referring to this activity the Qur'an says: 'For everyone of you We have ordained a Divine Law and an open road' (Al-Qur'an 5:48).

Thus, while the Divine Law (Shari'ah) - delineates the area within which Muslim life may develop, Allah subhanahu wa ta'ala has conceded to us, within this area, an open road (minhaj) for ijtihadi temporal legislation which could cover the contingencies deliberately left untouched by the ordinances (nasus) of the Qur'an and the Sunnah. The difference between fiqh and modern law is that the former cannot ignore the moral values of the Qur'an and Sunnah. Thus, fiqh is not opposed to modern law as long as it protects man's dignity and does not go against the fundamental moral values of Islam.

A rediscovery of the 'open road' of Islam is urgently needed at a time when the Muslim world finds itself in the throes of a cultural crisis in the face of a powerful multipronged western assault on its values and institutions. Any attempt by a Muslim country to reorganise itself on true Islamic lines invariably arouses apprehensions of its aggressive adventures toward the non-Muslim world. The west then creates all sorts of obstructions in that Muslim country's way toward achieving this ideal. One of the techniques used is to support the introduction of a deviant, 'liberal', capitalistic Islam. Unless the Muslim world is able to mount an effective multifaceted response to this western challenge, it may affirm or deny, for centuries to come, the validity of Islam as a practical proposition. This response to the western challenge can only be posed by enlightened Muslims and not by the rigid, pedantic fundamentalist forces who merely emphasize Islam's outward physical forms while ignoring its inner creative spiritual fervour. In fact, the western powers covertly favour fundamentalist Muslims because they believe that they tend to discredit Islam in the eyes of the world.
Example of Shari’ah and Fiqh in built environment: 1. Shari’ah is that houses must safeguard their occupants’ privacy. 2. Fiqh is to determine, for example, types and sizes of openings in a house, and make it a law. 1. Shari’ah is that buildings must be safe. 2. Fiqh is to determine, for example, the height of buildings, the space separating buildings and public roads, etc, and make it a law.

Source: Muslimedia: October 16-31, 1998

In the light of Islamic business, professional and environmental ethics, identify 10 ethical features / characteristics common to all of: 1. Muslim built environment professionals 2. Muslim businessmen 3. Muslim judges 4. Muslim doctors 5. Muslim engineers
The first one is the most important one / the last one is the least important one.

Family planning (birth control) choosing timing and number of children

First of all, it should be clear that the preservation of the human species is unquestionably the primary objective of marriage, and such preservation of the species requires continued reproduction. Accordingly, Islam encourages having many children and has blessed both male and female progeny. However, it allows the Muslim to plan his family due to valid reasons and recognized necessities.

“Marriage in Islam is based not on one single objective or purpose such as procreation or sexual fulfillment. Rather, it is intended to cater to multiple purposes which include, above all, spiritual tranquility and peace, and cooperation and partnership in fulfilling the divine mandate. Let me explain this briefly.

Islam, being a natural way of life, takes into account all of genuine human instincts such as physical, spiritual, intellectual, emotional, et cetera. It is for this reason that, unlike some other religious ideologies, Islam looks at sexuality positively. In other words, instead of attaching any taboo to sexual fulfillment, Islam teaches us to celebrate sexuality within the framework of a lawful union.

The Prophet (peace and blessings be upon him) said, “You merit rewards of charity in your sexual union with your spouses!” His companions asked in surprise, “How shall we getting rewards for fulfilling our natural instincts?” He asked, “What if someone were to fulfill his desire unlawfully; would he/she be punished for doing so?” They replied, “Certainly.” Then he said, “Likewise, when one does it within the framework of marriage, he/she will be rewarded for it!”

Although sexuality is one of the main purposes of marriage, it is not the sole one. According to the clear statement of the Qur’an, tranquility and peace through a successful union is considered the primary objective of marriage: “Among His signs is that He created for you spouses of your own kind in order that you may repose to them in tranquility and He instilled in your hearts love and affection for one another; verily, in these are signs for those who reflect (on the nature of the reality).” (Ar-Rum: 21).

In another place, Allah refers to the relationship between males and females in terms of partnership for achieving goodness and fulfilling the divine mandate for their lives. “The believers, males and females, are partners of one another; they shall jointly enjoin all that is good and counsel against all that is evil.” (At-Tawbah: 71). And procreation of the human species is also another important purpose, although marriage is still valid if, for one reason or another, the stated purpose of procreation cannot be achieved.

Now coming to the issue of birth control, there is nothing in Islam that prohibits it so long as it is done consensually for valid reasons such as the following: putting off pregnancy until such time when the spouses are in a better position to shoulder the responsibilities of parenting, to allow for space between pregnancies in order to provide proper nurturing and care to existing children, et cetera.

Birth control is, however, forbidden or undesirable when it is resorted to as a permanent measure to prevent conception altogether; likewise, it is forbidden if resorted to for fear of poverty. Allah says, “Don’t kill your children for fear of poverty; it is We who provide sustenance for them and you; verily killing them is a most heinous crime!” (Al-Isra’: 31). After reflecting on this verse, scholars have concluded that practicing birth control for fear of poverty is unlawful since it implies weakness of faith and trust in Allah as the Provider and Sustainer of all beings.”

Read more: http://www.islamonline.net/servlet/Satellite?pagename=Islamonline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503547108#ixzz10tqZHQGp

CONTRACEPTION

“Islam encourages us to marry and procreate. The Prophet (peace and blessings be upon him) said, “Marry and procreate.” Procreation is definitely one of the stated purposes of marriage in Islam. Children are Allah’s gifts, which we must welcome and cherish as a divine gift.

Islam is opposed to ways of life which consider children as a burden; the unfortunate outcome of such hedonistic philosophies is to prefer pets such as dogs and cats over children. Muslims must never be carried away by such materialistic philosophies; they can immunize themselves against such negative influences by strictly conforming to the Qur’anic teachings on marriage and procreation.

Viewed from this perspective, Islam does not look favorably at family planning if it is carried out for the simple reason of enjoyment and unwillingness to take on the responsibility of parenting.

Having said this, however, I must say the following. Since Islam considers quality more important than quantity, if the couple is resorting to contraception for any one of the following reasons, it may be considered permissible:

1. If both spouses are students whose academic performance would be adversely affected by taking on the added responsibility of parenting.

2. If they are too young to shoulder parental responsibilities.

3. If one or both of them are weak or sick and expect to take on the responsibility when the condition improves.

4. If they are burdened with responsibilities of taking care of their parents in advanced age, which drain them physically and emotionally.

5. If they are doing so only for a limited time (for instance the first one or two years) in order to be able to get to know each other, and thus prepare themselves better for shouldering such responsibilities.

6. If they are doing so in order to have gaps between pregnancies with a view to provide quality care and attention to the existing children.

7. If the wife cannot bear children because of medical reasons.

Now coming to the final point:

Since the right to have children is shared equally between husband and wife, neither one of them should resort to contraception unilaterally. Rather, he or she is allowed to do so only through consensual agreement. The only exception to this rule is when the pregnancy is determined to be a risk to the wife’s life. In this case, she does not need permission of her husband to resort to contraception.

Second version:
In his well-known book, The Lawful and the Prohibited in Islam, the prominent Muslim scholar, Sheik Yusuf Al-Qaradawi, states:

“The preservation of the human species is unquestionably the primary objective of marriage, and such preservation of the species requires continued reproduction. Accordingly, Islam encourages having many children and has blessed both male and female progeny. However, it allows the Muslim to plan his family due to valid reasons and recognized necessities.

The common method of contraception at the time of the Prophet (peace and blessings be upon him) was coitus interruptus (withdrawal of the penis from the vagina just before ejaculation) thus preventing semen from entering the vagina. The Companions of the Prophet (peace and blessings be upon him) engaged in this practice during the period of the Qur’anic revelation. Jabir (may Allah be pleased with him) said, 'We practiced coitus interruptus during the time of Allah’s Messenger (peace and blessings be upon him) while the Qur’an was being revealed.' (Reported by al-Bukhari and Muslim)

Another version of this hadith, narrated by Muslim, reads, 'We practiced coitus interruptus during the time of Allah’s Messenger (peace and blessings be upon him). He came to know about it, but he did not prohibit it.'

In a gathering at which `Umar was present, someone remarked, ‘Some say that coitus interruptus is a minor form of burying a child alive.’ To this `Ali replied, ‘This is not so before the completion of seven stages (of reproduction): being a product of the earth, then a drop of semen, then a clot, then a little lump of tissue, then bones, then bones clothed with flesh, which then become like another creation.’ ‘You are right,’ said `Umar, ‘May Allah prolong your life.’

Valid Reasons for Contraception:

The first valid reason for contraception is the fear that the pregnancy or delivery might endanger the life or health of the mother; the criterion of determining this possibility is experience or the opinion of a reliable physician. Allah Almighty says: '... And do not be cast into ruin by your own hands....' (Al-Baqarah: 195) and, '... and kill not one another. Lo! Allah is ever Merciful unto you.' (An-Nisa': 29)

Another reason is the fear that the burden of children may hamper the family’s circumstances so much that one might accept or do something haram (unlawful) to satisfy their needs. Allah says: '... Allah desires ease for you, and He does not desire hardship for you...' (Al-Baqarah: 185) and, '... It is not Allah’s desire to place a burden upon you...' (Al-Ma'idah: 7)

Another valid reason is the fear that the new pregnancy or a new baby might harm a suckling child. The Prophet (peace and blessings be upon him) termed intercourse with a nursing mother, or rather the intercourse, which results in pregnancy while the mother is still nursing a baby, 'Gheelah,' emphasizing the fact that pregnancy would pollute the milk thus causing great harm to the suckling infant.

Since he was greatly concerned with the welfare of his Ummah, the Prophet (peace and blessings be upon him) dissuaded people from what would harm them.

Among the Prophet's remarks on this issue is 'Do not kill your children secretly, for Gheelah overtakes the rider and throws him from the horse.' (Reported by Abu Dawud)

The Prophet (peace and blessings be upon him) did not, however, go so far as to prohibit intercourse with a nursing mother, as he noted that the Persians and Greeks, the two most powerful nations of his time, practiced it without any resulting injury to their children. Moreover, he feared that it would be a great hardship for husbands to abstain from their wives during the period of suckling, which may last up to two years. He said, 'I intended to prohibit Gheelah, if not for the fact I noticed that the Persians and the Greeks suckled their children during pregnancy without any injury being caused to their children as a result.' (Reported by Muslim)

Ibn Al-Qayyim, in comparing this hadith to the one quoted just before it 'Do not kill your children secretly...' says, 'The Prophet (peace and blessings be upon him) saw that pregnancy harms the suckling infant in the same way as being thrown off a horse harms a rider: it is injurious, but not to the extent of killing the baby. He advised them to avoid intercourse leading to pregnancy while the woman is nursing an infant, but he did not prohibit it. He then intended to prohibit it in order to save the health of the suckling child if not that he considered the gravity of the danger this would cause the husband, especially the young ones, and the effect of that on society.

On balancing these matters, therefore, he preferred not to prohibit it. Moreover, he saw that in the two most powerful and populous nations of his time, (women) suckled their children during pregnancy without any negative effect on their strength or numbers, and accordingly he refrained from prohibiting it.' (Ibn Al-Qayyim, Miftah Dar Al-Sa`adah, p. 620; also see Zad Al-Mi`ad, vol. 4 p. 26)

In our time, new methods of contraception are available which realize the objective intended by the Prophet (peace and blessings be upon him) that of protecting the suckling infant from any possible harm which may occur due to the pregnancy of his mother while at the same time avoiding the hardship to the husband in abstaining from sexual relations with his nursing wife.

From this we may conclude that from the Islamic point of view the ideal spacing between two children is thirty months, or, if one wants to nurse the baby for two full years, then thirty-three months."

Sheikh M. S. Al-Munajjid, a prominent Saudi Islamic lecturer and author, adds:
"The answer to question of contraception is found in the following three points:
1. Giving birth is the right of both husband and wife, and neither one of them has the right to deprive the other from doing so.
2. It is prohibited to take any measure, which would permanently prevent pregnancy, or cause infertility. It is permissible, however, to use temporary birth control methods to delay pregnancy, as in the case of delaying pregnancy for the two years of breastfeeding the first child.
3. It is prohibited to use any birth control method which would harm the body, as the Prophet (peace and blessings be upon him) said: 'Do not (impose) harm, nor (inflect) harm.'" [Quoted, with slight modification, from: Islam Q&A (www.islam-qa.com)]
STERILIZATION

“Allah Almighty has created males and females and given each of them the ability, through sexual intercourse, to procreate in order to populate the earth. Sterilization means rendering either the male or the female unable to produce children and fulfill this function.

A long time ago, men used to undergo castration. Nowadays, they have a vasectomy (ligation of the spermatic cord) or take medication to stop sperm production.

Women also undergo surgery to prevent the uterus from performing its natural function, e.g. stopping the process of ova generation, fallopian tube ligation, hysterectomy, etc.

It is permissible for medical reasons to postpone pregnancy for some time. But it is forbidden to stop the natural process of fertilization of either man or woman, unless there is an urgent need to do so. Preventing the reproductive organs from performing their natural function contradicts the Divine Wisdom behind creating both sexes.

In addition, such acts can cause some changes in the natural qualifications of either sex, so that there can be alteration in one’s voice, feelings, etc., and this can be reflected in one’s behavior.

This is supported by the Prophet’s prohibition of castration. Al-Bukhari narrates, on the authority of Abu Hurayrah (may Allah be pleased with him) that he sought the Prophet’s permission to undergo castration, for he could not afford to get married. Thus, he wanted to protect himself from committing fornication.

Also, in a hadith narrated by Imam Ahmad, the Prophet (peace and blessings be upon him) forbade fighters in the cause of Allah, who left their wives at home, from getting castrated.

The Prophet (peace and blessings of Allah be upon him) says to a man who sought his permission to be emasculated: “Instead of castration, you can observe fasting and prayer (as a kind of protection against unlawful actions).” (Reported by At-Tabarani and Ahmad) The same ruling goes with sterilization for women: it is forbidden.

Obstetricians and gynecologists declare that pregnancy keeps the balance of vital processes in women’s bodies. Thus, preventing it altogether is a form of challenging nature. According to the consensus of jurists, stopping the process of ova production is forbidden.

Also, women who sterilize themselves for having enough children cannot determine the vicissitudes of time; they do not know the fate of these children. If there are methods of contraception, couples should not resort to sterilization, for they may regret it later.

Imam Ahmad permitted women to take some medication to prevent the menstruation but not to sterilize. He did not permit it absolutely except if there is a medical urgency that necessitates it, such as hereditary diseases. After all, necessity is judged by its urgency."

Abortion and Islam

In Islam abortion, under whatever excuses and under whatever conditions, is a crime (haram).
Abortion means killing a body (person). What Islam says about killing applies here as well. (Qur’an on killing: 6:140; 17:33; 17:31: 6:151)
Abortion is permitted ONLY when giving birth inevitably means death for the mother. When there is a situation when either mother or baby must die, baby is to be aborted. To some Christians, mother is to die and baby is to be let live. Why??? In Islam, baby (child) is innocent until the age of puberty so if a baby is aborted, it is guaranteed Paradise (at least there is a degree of comfort). Mother is to continue living because she is to be thus given an extra chance to improve herself and repent for her committed sins. In other words, she is to prepare herself better for death (there is always a room for improvement) so she can join her baby. In Christianity, however, baby (child) is born under the burden of the eternal sin (guilty) and it must live (be baptized) in order to cleanse itself of the sin. If it dies it dies as guilty and it is not guaranteed salvation. Whereas the mother has already been cleansed (baptized) and it is better for her to die and for baby to live. * Some people abort because of difficult economic conditions, family planning issue, certain policies, fornication and then the fear to face the consequences (parents, society, honor, etc). No explanation/excuse can be given for abortion.
Perhaps the worst case is zina or fornication which leads to abortion. Here we do not talk only of a single sin but about a set of sins which may eventually lead to a person’s total destruction in both worlds. Due to this and many other possible scenarions, Islam not only prohibits zina/fornication but also shuts every door that may lead to it, and institutes ways and strategies that will keep people away from it. Ayah: “Do not go (even) near zina, it is an evil way…” (Al-Isra 32)
Islam says (hadith) that the creation of a child goes through different stages. First 40 + 40 +40 days (120 days) After 120 days God sends an angel to blow the soul inside the existing physical component of a child, together with the child’s age, deeds, sustenance and whether it is destined to be happy or sad. (hadith)
This process is elaborated in the Qur’an: Al-Hajj 5; al-Mu’minun 14)
Based on this some say that during the first 120 days the child is not complete which is wrong. Every child is considered a being from the moment it has been conceived. After that we only talk of stages of creation whereas the creation has already taken place/commenced.
Child affected by AIDS? No abortion. If AIDS is our fault then we face the consequences. If it is not, then we see it as a form of the test / trial.
Aborting a child after rape? Also no. This is also to be seen as the most extreme test for which there is an extreme reward.
Jahiliyyah scenario of burying female children.
Woman’s iddah of three months implies the seriousness of the first stage(s) of pregnancy. Thus we are to take it seriously as well, just like the later stages. (The Qur’an on the importance of the embryo through the concept of ‘iddah: 2:226; 65:4)

Family ethics and how can husband and wife avoid intimate relationships outside the bond of marriage

First of all, we’d like to state that in Islam the marriage of a man and a woman is not just a financial and physical arrangement of living together but a sacred contract, a gift of God, to lead a happy, enjoyable life and continue the lineage. The main goal of marriage in Islam is the realization of tranquility and compassions between the spouses. For the attainment of this supreme goal, Islam defined certain duties and rights for the husband and wife.

For a detailed account of these mutual duties and rights, we’d like to cite the following:

“Piety is the basis of choosing the life partner. Many are the statements of the Qur'an and the Sunnah that prescribe kindness and equity, compassion and love, sympathy and consideration, patience and good will. The Prophet, peace and blessings be upon him, says, "The best Muslim is the one who is best to his family." Also, he says, "… and the most blessed joy in life is a good, righteous wife." (Reported by At-Tirmidhi)

The role of the husband evolves around the moral principle that it is his solemn duty to Allah to treat his wife with kindness, honor, and patience; to keep her honorably or free her from the marital bond honorably; and to cause her no harm or grief. Allah Almighty says: "…consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good." (An-Nisa': 19)

The role of the wife is summarized in the verse that women have rights even as they have duties, according to what is equitable; but men have a degree over them. Allah Almighty says, "And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise." (Al-Baqaraqh: 228)

This degree is usually interpreted by Muslim scholars in conjunction with another passage which states, among other things, that men are trustees, guardians, and protectors of women because Allah has made some of them excel others and because men expend of their means. Allah Almighty says: "Men are in charge of women, because Allah hath men the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High Exalted, Great." (An-Nisa': 34)

A-The Wife's Rights; The Husband's Obligations:

Because the Qur'an and the Sunnah of the Prophet, peace and blessings be upon him, have commanded kindness to women, it is the husband's duty to:

1- Consort with his wife in an equitable and kind manner. Allah Almighty says, "… and consort with them in kindness." (An-Nisa': 19)

2- Have responsibility for the full maintenance of the wife, a duty which he must discharge cheerfully, without reproach, injury, or condescendence. Allah Almighty says: "Let him who hath abundance spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease.‏" (At-Talaq: 7)

Components of Maintenance:

Maintenance entails the wife's incontestable right to lodging, clothing, nourishing, and general care and well-being.

1-The wife's residence must be adequate so as to provide her with the reasonable level of privacy, comfort, and independence. The welfare of the wife and the stability of the marriage should be the ultimate goal.

2-What is true of the residence is true of clothing, food, and general care. The wife has the right to be clothed, fed, and cared for by the husband, in accordance with his means and her style of life. These rights are to be exercised without extravagance or miserliness.

Non-Material Rights:

A husband is commanded by the law of God to:

1- Treat his wife with equity.
2- Respect her feelings, and to show her kindness and consideration.
3- Not to show his wife any aversion or to subject her to suspense or uncertainty.
4- Not to keep his wife with the intention of inflicting harm on her or hindering her freedom.
5- Let her demand freedom from the marital bond, if he has no love or sympathy for her.

B. The Wife's Obligations; The Husband's Rights:

The main obligation of the wife as a partner in a marital relationship is to contribute to the success and blissfulness of the marriage as much as possible. She must be attentive to the comfort and well-being of her mate. She may neither offend him nor hurt his feelings. Perhaps nothing can illustrate the point better than the Qur'anic statement which describes the righteous people as those who pray saying: "Our Lord! Grant unto us wives and offspring who will be the joy and the comfort of our eyes, and guide us to be models of righteousness.” (Al-Furqan: 74)

This is the basis on which all the wife's obligations rest and from which they flow. To fulfill this basic obligation:

1- The wife must be faithful, trustworthy, and honest.
2- She must not deceive her mate by deliberately avoiding conception lest it deprive him of legitimate progeny.
3- She must not allow any other person to have access to that which is exclusively the husband's right, i.e. sexual intimacy.
4-She must not receive anyone in his home whom the husband does not like.
5-She may not accept their gifts without his approval. This is probably meant to avoid jealousy, suspicion, gossip, etc., and also to maintain the integrity of all parties concerned.
6- The husband's possessions are her trust. If she has access to any portion thereof, or if she is entrusted with any fund, she must discharge her duty wisely and thriftily. She may not lend or dispose of any of his belongings without his permission.
7- With respect to intimacy, the wife is to make herself desirable; to be attractive, responsive, and cooperative.
8- A wife may not deny herself to her husband, for the Qur'an speaks of them as a comfort to each other. Due consideration is, of course, given to health and decency.
9- Moreover, the wife is not permitted to do anything that may render her companionship less desirable or less gratifying. If she neglects herself, the husband has the right to interfere with her freedom to rectify the situation and insure maximum self-fulfillment for both partners. She is not permitted to do anything on his part that may impede her gratification.”

Based on Hammudah `Abd al-`Ati’s Islam in Focus, with some modifications.

Read more: http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544152#ixzz10tpaWukk

IJTIHAD http://en.wikipedia.org/wiki/Ijtihad Ijtihad is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah.
The opposite of ijtihad is taqlid, Arabic for "imitation".
Qualifications of a mujtahid
A mujtahid is an Islamic scholar, competent to interpret divine law (sharia) in practical situations using ijtihad. In some, but not all, Islamic traditions, a mujtahid can specialise in a branch of sharia - economic or family law for example.
The qualifications for a mujtahid were set out by Abu’l Husayn al-Basri (died 467 AH / 1083 CE ) in “al Mu’tamad fi Usul al-Fiqh” and accepted by later Sunni scholars. These qualifications can be summed up as (i) an understanding of the objectives of the sharia and (ii) a knowledge of its sources and methods of deduction. They include * a competence in the Arabic language which allows him to have a correct understanding of the Qur’an . That is, he must appreciate the subtleties of the language so as to be able to draw accurate deductions from the “clear and un-crooked Arabic” of this infallible source, and that of the sunnah. * an adequate knowledge of the Meccan and Medinese contents of the Qur'an, the events surrounding their revelation and the incidences of abrogation (suspending or repealing a ruling) revealed therein. He must be fully acquainted with its legal contents (the ayat al-ahkam) - some 500 verses. He needs to be acquainted with all the classical commentaries on the ayat al-ahkam, especially the views of the Companions of the Prophet . * an adequate knowledge of the sunnah, especially those related to his specialisation. He needs to know the relative reliability of the narrators of the hadith, and be able to distinguish between the reliable from the weak. He needs to have a thorough knowledge of incidences of abrogation, distinguish between the general and specific, the absolute and the qualified. One estimate (by Ahmad ibn Hanbal) suggests that 400,000 hadith need to be known. * He should be able to verify the consensus ijma of the Companions of the Prophet, the successors and the leading imams and mujtahideen of the past, especially with regard to his specialisation. Complementary to this, he should be familiar with the issues on which there is no consensus. * He should have a thorough knowledge of the rules and procedures for reasoning by analogy (qiyas) so he can apply revealed law to an unprecedented case. * He should understand the revealed purposes of sharia, which relate to "considerations of public interest", including the Five Pillars protection of "life, religion, intellect, lineage and property". He should also understand the general maxims for the interpretation of sharia, which include the "removal of hardship", that "certainty must prevail over doubt", and the achievement of a balance between unnecessary rigidity and too free an interpretation. * He must practice what he preaches, that is he must be an upright person whose judgement people can trust.

The following points are presented in order to clarify the purpose of ijtihad: * God is all-powerful, all-knowing. * God created laws for humankind and only God has the authority to do so. * God appointed messengers to convey the laws to humankind. * At present, the messenger (Muhammad)is not accessible. * Therefore, qualified jurists have the duty to find God's law, not create God's laws. * Therefore, ijtihad is the process of finding God's law from the Qur'an and the hadith using specific methods.
Qualifications
Formal preconditions for being considered to be able to give ifta and thus be a mujtahid are: 1. Maturity 2. Faith 3. Intelligence 4. Justice (integrity, specifically refraining from all the prohibitions of the Sharia and performing all of its obligations.)
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Islam on Transsexuals
Allah has created both sexes: males and females, and they are both highly respected in Islam, the religion that strictly abolishes gender discrimination. In Islam, man and woman are equals in the sight of Allah. Therefore, there is no justifiable reason for what called sex change operations.
With regard to this, Sheikh Muhammad Iqbal Nadvi, Imam of Calgary Mosque, Canada, and Former Professor at King Saud Univ., Saudi Arabia, answers:
Let me first establish some related fundamentals, so it will be easy to understand the Islamic ruling regarding to above-mentioned situation.
1. Two Genders
Almighty Allah created humans in two genders, male and female. This is has been stated in many verses:
"O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women." (An-Nisaa':1)
"O mankind! We created you from a single (pair) of a male and a female." (Al-Hujurat: 13)
"And that He createth the two spouses, the male and the female." (An-Najm: 45)
Also refer to Surat Al-Layl: 3, and Ash-Shura: 49. Allah the Almighty also says in Surat Al `Imran, verse 36, that "the male is not as the female."
And in Surat Al-Layl He says: "Lo! your effort is dispersed (toward diverse ends)."
2. Fitrah
Allah, the Almighty, also said that He created every human being with Fitra (nature) that suits him or her. Since Fitra is an inbuilt system designed to suit every creation, the Fitra of a male is different from the Fitra of a female.
3. Changing the Creation
Allah, Exalted be He, also made it clear to us that when the Shaitan (Satan) challenged to deviate humans he said he would cause them to change the creation of Allah, the Almighty. Allah says: "And surely I will command them and they will change Allah's creation." (An-Nisa': 119)
4. Hermaphrodites Are An Exeption
Every rule has an exception, so the hermaphrodite gender is an exception, and as it indicates, it is not a standard, but only a sign of Allah's Power of creation, for a wisdom He knows better.
5. Imitating the Opposite Gender is Haram
The Prophet, peace and blessings be upon him, has invoked the curse of Allah, the Almighty, upon "a male who imitates a female or vice versa." This Hadith is about the matters of dress and fashion, but it also explains the importance of gender in Islam. So, if an imitation in outward appearance is counted as a sin, then by Qiyas (analogy), a total change in gender will be even more sinful act.
6. Do Not Covet or Envy
Allah, Glorified be He, says: "And covet not the thing in which Allah hath made some of you excel others. Unto men a fortune from that which they have earned, and unto women a fortune from that which they have earned. (Envy not one another) but ask Allah of His bounty. Lo! Allah is ever Knower of all things." (An-Nisa': 32)
This means that Allah, the Almighty, created each of us in one gender, in one shape, while he or she likes another gender, but as a Muslim and believer he or she has to accept the destiny of Allah.
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In the light of the above-mentioned basic facts, I would conclude by saying that it is not allowed in Islam to change the gender, and doing so will be changing of Allah's creation.
The only exception to this ruling is related to a person who has both genders potential in body, so a medical treatment can be sought to unify one gender. In this case it will be a correction, and not a change in the creation of Allah, the Almighty. This issue has been previously discussed by our earlier Fuqahaa' (jurists) and the same ruling has been given.
In shedding more light on the prohibition of sex change (save the medical necessities mentioned above), Sheikh M. S. Al-Munajjid, a prominent Saudi Islamic lecturer and author states:
"It is not permissible for a person to have gender operation; from male to female or vice versa. Every Muslim has to be content with what Allah has decreed for him/her, for He has placed him in a suitable position. He/she does not know what is good for him/her; (being a male) perhaps if he was created female, that would not be good for him, or (being a female) if she was created male, that would be bad for her. By the same token, there are some people for whom nothing but poverty is good, and if Allah made such a person rich it would be harmful for him; and there are others for whom nothing but richness is appropriate, and if they became poor that would be harmful to them.
Some women wished they had been created men so they could fight in the way of Allah. This was just wishful thinking, but Allah revealed the prohibition of that wishful thinking in the ayah (Qur'anic verse):
"And wish not for the things in which Allah has made some of you to excel others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned." (An-Nisa':32)
If mere wishful thinking is forbidden, then how about taking action upon such thinking? If a Muslim is forbidden to change the creation of Allah in minor cases, so how about changing sex altogether?
Sheikh `Abd Al-Karim Al-Khudayr states:
Changing one's sex is a kind of tampering with the creation of Allah and following the way of the Shaitan (Satan) who vowed that he would misguide the sons of Adam in this way and in others, as clarified in the verse: "And surely I will command them and they will change Allah's creation." (An-Nisa': 119)