Muslims and non-Muslims often ask the question, is Islam (i.e. Islamic law or the Shariah) compatible with current times? Is it able to adapt to the age of technology wherein which multi-million-dollar transactions are concluded in just milliseconds?? Can it cope with the fast-changing world to meet the needs and demands of human beings?!
To ensure these great questions are given their due, it is important that we take a step back and unpack what the term ‘Islam’ truly means.
Islam as a Complete Guidance
As Muslims, we believe that Islam is a complete way of life.
Delivered to Prophet Muhammad (peace and blessings be upon him) through the archangel Jibreel (or Gabriel), the Noble Quran, Muslims believe, is the word of and final revelation from Allah intended to serve as a guide and light for all of humankind and jinn. At its core, Islam teaches that none other than the Almightly and All-Knowing Creator of the heavens and earth is worthy of worship.
Based on this concise explanation, Islam is understood to be a guiding compass and principle-setter that balances the affairs of individuals and communities in these ever-changing times, whether by way of issuing specific rulings or by establishing overarching principles.
For instance, as it pertains to financial dealings/transactions, two overarching principles found in the Quran are that justice must always prevail (Quran, 2:188) and that people must only come together towards righteousness i.e. to achieve good and noble causes (Quran, 5:2).
Imam Al-Qurtubi: Islam’s overarching principles for financial transactions
In an effort to uphold these overarching principles in financial transactions, the classical scholar of Islamic jurisprudence and polymath Imam Abu al-Walid Muhammed ibn-Ahmad ibn Rushd al-Qurtubi developed a formula that individuals may use to gauge whether or not a transaction is in compliance with the Shariah. He poses that a transaction is deemed Shariah non-compliant either due to internal or external elements.
The internal non-compliance elements are brough about due to one of four reasons:
- The subject matter of the contract is itself a prohibited item (e.g. the sale of wine or swine)
- Riba (or usury) is the essence of the contract
- Gambling is the essence of the contract
- The contract results in one of the above
Cheating, deception and contracts arranged to produce evil outcomes like consuming other’s wealth or monopoly would be examples of external elements that render a contract voidable, meaning valid subject to the removal of the said elements.
Whilst there are other special rules that apply to specific transactions, the above constitutes the general principles that individuals may use to assess the Shariah’s stance on a particular financial transaction.
Conclusion
In conclusion, therefore, in addressing the question of whether or not the Shariah is able to catch up with the fast-changing world so as to meet the needs and demands of human beings, it is incumbent that the reader recognizes that the Shariah was revealed to referee the game of life so to speak, justly and equitably deciding the plays and calling the fouls, not to entertain the crowd chants and respond to the whims and desires of spectators.
All this is to say that the Shariah’s principles are not made obsolete by the various financial and non-financial technological innovations of humankind. Rather, their role is cemented as malleable yet firm guides that are suitable for all times and places… ones that are needed now more than ever!
Attributions and references
Image taken from freepik
Ibn Rushd, AbË al-WalÊd MuÍammad ibn AÍmad, BidÉyah al-mujtahid wa nihÉyah al-muqtaÎid (BayrËt: DÉr al-Kutub al-ÑIlmiyah, 2004).
Quran 2:188:
((وَلَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ وَتُدْلُوا۟ بِهَآ إِلَى ٱلْحُكَّامِ لِتَأْكُلُوا۟ فَرِيقًۭا مِّنْ أَمْوَٰلِ ٱلنَّاسِ بِٱلْإِثْمِ وَأَنتُمْ تَعْلَمُونَ))
((Do not eat up each other’s property by false means, nor approach with it the authorities to eat up a portion of the property of the people sinfully, while you know (that you are unjust in doing so)).
Quran, 5:2:
((تَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ ۚ وَاتَّقُوا اللَّهَ ۖ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ …))
((…help one another in acts of righteousness and piety, and do not help one another in sin and transgression. Fear Allah. Surely Allah is severe in retribution)).
