CHAPTER 8, AN-ANFAL (THE SPOILS OF WAR)

Introduction

The Spoils of War is a seventy-five verse chapter revealed in Medina after the Battle of Badr.  It is, for the most part, a lengthy commentary on the first battle between the believers and the Meccan disbelievers.  The believers, some of whom were originally very reluctant to fight, won a great victory even though they were vastly outnumbered.  Some then began to question the distribution of the war booty and thus the chapter is named The Spoils of War.  God reminds them that He brought about the victory and details the distributions of the spoils.  The chapter articulates the general Islamic principles of war and peace and uses them as a morality lesson. 

Verses 1 – 27 God establishes a victory

God instructs Prophet Muhammad, may the mercy and blessings of God be upon him, to inform the believers that the distribution of the war booty is a matter to be decided by God and His Messenger.   The booty is in fact a bounty from God thus they should be mindful of Him and obey Him.  The faith of the true believer increases upon hearing the Quran recited, and they establish the prayer and spend (give charity) from what God has provided.  The true believers will have a high status with God, forgiveness, and a generous provision.

The believers ventured from their homes for a true purpose (fighting in God’s cause).  Many were hesitant, but God promised them victory because He wanted to establish the truth and cut down the disbelievers.  He promised one thousand angels as a message of hope and to help the believers.  On the night before the battle, God gave the believers a secure sleep, cleansing rain to wash away the whisperings of Satan, and made them steadfast.   

God instructed the angels to strike the enemy above their necks and to cut off their fingertips.  They oppose God and His messenger, and the penalty is severe.  And the believers were instructed not to flee, unless as a war strategy, because those that flee earn God’s anger.  The believers had insufficient strength to vanquish the enemy, but God supported them.  When Prophet Muhammad threw a handful of dust into the faces of the enemy, God caused it to fill the eyes and nose of every soldier, and it prevented their advance.  If the disbelievers do not cease hostilities, God will continue to strengthen the believers.

Verses 28 – 40 God separates the bad from the good

There are some who pretend to listen, but they do not.  God instructs the believers to beware of discord and to remember how He supported and sheltered them.  Do not betray God and His messenger, or the trusts you are given.  Children and wealth are a trial, but the reward that is with God is better and longer lasting.  Fear God, and He will grant you the knowledge between right and wrong and make a way out of all difficulties for you.  The disbelievers planned to take you captive or kill you, but God also planned.   The disbelievers heard God’s revelation but mocked and boasted that they too could fabricate such words; they called the Quran tales of the ancients.  They also called on God to rain down stones from the sky, but God would not punish them while the believers were in their midst nor does He punish those who seek forgiveness. 

God has every reason to punish them when they obstruct people from the Sacred Mosque in Mecca; they are not the rightful guardians.  Those that are mindful of God are the rightful guardians.  The disbelievers don’t understand this, and their prayers there are nothing but clapping and whistling.  They use their wealth to stop people from worshipping God, and they will continue on this path; eventually they will be overcome and herded towards Hell.  God will separate the bad from the good and heap the bad on top of one another.  Prophet Muhammad is told to tell the disbelievers that if they desist, they will be forgiven.  But if the return to hostilities God will be on the side of the believers, and they will fight the disbelievers until all worship is directed to God alone. 

One-fifth of the spoils belong to God and His messenger, his close relatives, orphans, the needy, and the travelers.  The remaining four-fifths are divided among the soldiers.

Verses 42 – 58 Lessons from Badr

Remember the Day at Badr when the two armies met.  It looked as if you would certainly fail, but God wanted to establish clear proof that He was on the side of the believers.  In a dream Muhammad saw the disbelievers as few, because if God had shown him the disbelievers as many, he would have lost courage and rethought his decision to fight.  God also made the believers appear as few in the eyes of the disbelievers so that He may establish a matter He had already ordained.

God instructs the believers to be firm in battle, to be mindful of God, and not to quarrel.  Do not be full of conceit or bar others from the way of God.  Satan gave the disbelievers false confidence, but when the battle began, he fled.  He fears God.

Those that are arrogant say the believers are deluded, but if only you could see what happens when the angels take the souls of the disbelievers; they strike their faces, and they are destined for the fire.  The ones who break their treaties and pledges do not fear God thus if Prophet Muhammad gains dominance over them God instructs him to kill them and make an example of them, to discourage others.  Dissolve the treaties with those who show signs of treachery. 

Verses 59 – 75 Disbelievers and believers are not the same

Let the disbelievers escape if they can because they will not escape God, and prepare for war.  Whatever is spent in the way of God will be repaid.  If they incline towards peace make peace.  Trust God because if they intend to deceive you, He will know. 

The believers are urged into battle.  Twenty believers can overcome two hundred disbelievers, and if there are one hundred believers, they will overcome one thousand, and God lightens the hardship even more.  There can be no prisoners until the believers have thoroughly subdued the land.

Those who emigrated for the sake of God and those who gave them shelter (in Medina) are allies.  Those who believed but did not emigrate must emigrate if they want support.  The disbelievers support one another, and if the believers do not become staunch allies there will be oppression and corruption in the land.  The believers are brothers, but those believers with blood relationships are more entitled to inheritance. -islamreligion.com

The Prophet's remedy for dropsy

It is narrated in the books of Imams Al-Bukhari and Muslim  that Anas Ibn Malik  said:

"Some people of (the tribes of) 'Ukl and 'Uraynah came to Al-Madeenah and its climate did not suit them. So the Prophet  ordered them to go to the herd of camels reserved for charity, and to drink their milk and urine (as a medicine). So they went as directed. After they became healthy, they killed the shepherds of the Prophet's camels and drove away all the camels, thus becoming aggressors against Allah All-Mighty and His Messenger . The Prophet, sallallaahu alayhi wa sallm, sent (men) in their pursuit and they were captured. The Prophet  then ordered that their hands and feet to be cut off (and it was done), and their eyes were branded with heated pieces of iron. They were then kept in the sun until they died."

These people were complaining from dropsy, as per the narration from Imam Muslim  who narrated the same narration above with the following addition: “…The Bedouins said: We have not found Al-Madeenah suitable for us and our stomachs swelled, our organs became weak..." until the end of the narration.

Dropsy is a physical disease that occurs when a harmful cold substance penetrates the external organs of the body and also the body organs other than those that are used in digestion, causing them to swell. There are three types of dropsy: in body tissue (fleshy), which is the most serious of the three, in a body cavity (ascites), and in an organ (drum). The remedy required for this disease includes mild laxatives and diuretic medicines that help rid the body of fluids. These diuretic qualities exist in the milk and urine of camels and that is why the Prophet  ordered them to drink them. Camel milk is a mild laxative, diuretic, cleanses and opens that which is closed and removes the obstructions and soothes the body. This is especially the case when the camels graze on beneficial herbs, such as wormwood, lavender, chamomile, daisy and lemongrass. These herbs help against dropsy.

Dropsy is usually symptomatic of an ailment in the liver, especially due to congestion in the liver. The milk of the Arabian camels helps in this

case, because of its many benefits as mentioned and which help open the clogged passages and the obstructions. Ar-Razi  said: "The she-camel's milk soothes the liver and the effects of a spoiled constitution." Al-Israeeli also said: "The she-camel's milk is the softest, least concentrated and lightest milk. It is the best choice for moving the bowels, as a laxative and for opening the clogged passages and obstructions. What makes this evident is the fact that this type of milk is mildly salty, as a result of the animal's instinctively hot nature. Therefore, the she-camel's milk is the best remedy for the liver as it soothes it, opens its pores and veins and softens the hardness of fresh food. Fresh, warm camel's milk is beneficial against dropsy, especially when taken with fresh, warm camel urine, thus making the combination more salty and adding strength to its effectiveness in dissolving harmful fluids and as a laxative. If the [combination of milk and urine] did not purge the stomach, then one should take a stronger laxative.” The author of Al-Qanoon also commented: "Do not listen to those who claim that milk does not provide cure from dropsy. Rather, know that camel's milk is an effective cure, because it cleanses gently and easily, due to its other qualities. This type of milk is so beneficial that if a person substituted water and food with camel's milk, he would be cured [from dropsy and other ailments]. Some people tried this remedy and were soon cured. We should state that the best camel urine is that of the camels of Bedouin people."

The story that was mentioned in the narration above has several areas of interest:

• It encourages the use of medicines and cures.
• It indicates the purity of the milk of the animals that Muslims are allowed to eat.
• Using what Allah has prohibited in medicine is disallowed.
• The people mentioned in the narration were not commanded to rinse their mouths or their clothes for the prayer, although they were new Muslims.
• The Prophet  cannot delay the necessary details of a religious command when such elaboration is necessary.
• It emphasizes the fact that the aggressor is punished by the same method he transgressed. The people mentioned in the narration killed the shepherd and branded his eyes, as in another report of this narration by Imam Muslim .
• It mentioned that the entire group was killed for killing one person.
• It indicates that whereas the aggressor deserves to be punished for multiple crimes, one punishable according to the law of equality and the other for an act of aggression, then both laws are applied. The Prophet  ordered that the hands and feet of the aggressors be cut off, as a punishment from Allah for their audacious raid and aggression. They were also killed because they had killed the shepherd.
• It indicates that when armed aggressors steal money and also commit murde-r, their hands and feet are cut off, and they are then executed.
• It indicates that the punishment for multiple crimes is multiplied, because the people who were mentioned in the story reverted from Islam, killed a human being, disfigured the dead shepherd, stole other people's property and announced their armed aggression. Also, the entire armed band mentioned in the story were executed, not only those who actually committed the murder, as the Prophet  did not consider this fact, nor did he ask about who actually committed the murder.

Assassination warrants capital punishment and cannot be pardoned [by the relatives of the deceased] or compensated, according to the scholars of Al-Madeenah, Imam Ahmad and Ibn Taymiyyah . - islamweb.net

10 LESSONS FROM JESUS

Jesus (peace be upon him) was among the five greatest messengers sent to humanity—collectively called the Ulul’Azm[1].  He was the last messenger before our Messenger Muhammad, may the mercy and blessings of God be upon him.  According to Imam as-Suyuti, he is also counted as the greatest of the Sahabah (companion of Prophet Muhammad).  This is because he was raised up alive.

Therefore, when Prophet Muhammad met him on the night of Mi’raj (Prophet Muhammad’s ascension through the heavens), he was not yet dead.  One who meets the Prophet, believes in him and dies with that belief is considered a Sahabah.  So what lessons then can we learn from Jesus?  There are actually hundreds! We will just give a flavor of them in this article and share 10!

When the people shamed Mary (peace be upon her) for having a child outside of marriage (they did not know that it was miraculous), God gave Jesus a miracle and he spoke from the cradle.

"[Jesus] said, ‘I am a slave of God.  He has granted me the Scripture; made me a prophet; made me blessed wherever I may be.  He commanded me to pray, to give alms as long as I live, to cherish my mother.  He did not make me domineering or graceless.  Peace was on me the day I was born, and will be on me the day I die and the day I am raised to life again.’ Such was Jesus, son of Mary." (Quran 19:30-34)

1.  Slavery is the greatest honor

Due to the way human history has gone, the word slavery has very negative connotations and rightly so.  Islam came to take people from being slaves to other people to be enslaved to God.  And the greatest honor for any human being is to willingly enslave oneself to God.  God is the Master, He decides, and we hear and obey.  That is the contract, and God is the Most Merciful of those who show mercy.  He is the One who gives and gives and asks for very little from His slaves.  The prophets were honored because they were the best in their slavery to God.  And that is our most important identity—we are slaves of God.

2.  Scripture and prophethood lead to blessing

Jesus mentions that he has been given the Scripture and that he has been made a prophet and that he is blessed wherever he is.  This is an indication to us that the closer we are to the Scripture that God has sent (the Quran) and to the ways of our prophets, the more blessed we shall be wherever we are.  The key to earning blessings from God and having a blessed existence is our relationship with the Book and the way of the prophets.

3.  Knowledge leads to action

Jesus was the best human at his time.  He knew the Scripture and he was a prophet.  And yet immediately after, he mentioned that he has been commanded to pray and to give charity.  Knowing leads to action.  This is Islam as a religion that teaches us to act and not just do.

4.  Deeds for people and deeds for God

Another of the beautiful aspects of Islam is how it combines spirituality and practicality.  God ordered Jesus to pray, for his own spiritual benefit and to have a connection with God and also to give charity to the people, also for spiritual benefit and to have a connection with both God and the people too.  Islam is a very humanitarian religion and it combines spirituality with practicality.

5.  Good manners are the hallmark of Islam

Jesus says that he is not domineering and graceless.  The Prophet Muhammad said, "Nothing is heavier on the balance of good deeds on the Day of Judgement than good manners."[2]  Among the greatest of deeds that we can do is to have good manners.  It is also particularly important here because even though the people said very horrible things about his mother, he responded with grace and authority that was not demeaning anyone.  He did not respond fire with fire.  He responded to ill-speech with beautiful speech.

6.  The mother, the mother, the mother

In the midst of all of this hard talk, Jesus found time to mention that he has been made dutiful to his mother.  There is no other person more important in our lives than our mother.  No relationship more sacred.  No one more deserving of our love and obedience.  They are our easiest road to Paradise.  They are the caravan that will always have a place for us.  The watering hole that will always give us pristine pure water.

"Be mindful of God and obey me.  Allah (God) is my Lord and your Lord, so serve Him—this is the straight path." (Quran 3:51)

7.  Taqwa is the measure of our success

Among the many determinants that God could have chosen to judge us, He chose the one that none of us can see—taqwa (God-consciousness or piety).  The Prophet said, "Taqwa is here" while pointing at his chest.  That is the order from Jesus as well.  Be mindful of God.  How do we attain taqwa? The best and easiest way is for us to be mindful of God in our everyday dealings and at every step ask ourselves, "Will God be pleased with me for this?"

8.  The straight path is simple

We do not need to complicate matters.  The Straight Path is simple—God is our Lord and we obey Him.  We are His slaves and we do as He wants us to.  That is the straight path.

9.  Number of followers is not a measure of success

It is known that not too many people responded to the call of Jesus.  This does not mean he was not successful.  The hearts of people lie in the hands of God.  We are only asked to convey.  And that is why despite the few number of immediate companions, he has been one of the five great prophets in history.

10.  Be with the truth even if the people are few

Even if few people are practicing Islam, we should still practice.  Even if the followers are few, it does not mean it is not true.  Truth is based on the idea, not on the number of followers. -islamreligion.com

FOOTNOTES:

[1]They comprise of Prophet Noah, Abraham, Moses, Jesus and Muhammad (peace be upon them all).

[2]Narrated by at-Tirmidhi

Morals and Zakah

Hardly ever is prayer mentioned in the Noble Quran without being associated with Zakah. Zakah is the inseparable twin of prayer in the Book of Allah The Almighty and the Sunnah of His messenger, sallAllahu ‘alayhi wa sallam, as well. Zakah is like prayer in terms of its relation to morals. The payer of Zakah offers it out of obedience to his Lord, abiding by His commands, warding off devils, relieving oneself from being questioned about the obligation of Zakah on the Day of Judgment. Zakah increases one's wealth, allows him to help the poor and needy, protects him from meanness and curbs his sinful desires. It helps spread an atmosphere of love, intimacy and affection among Muslims and creates a close bond between the rich and poor within the Muslim community. The payer of Zakah relishes the pleasure and satisfaction of the heart as he obeys the commands of Allah The Exalted. Thus, he is keen not to delay paying the due Zakah and is diligent in giving it to its eligible recipients. Allah The Exalted Says (what means): {Take, [O, Muhammad], from their wealth a charity by which you purify them …} [Quran 9:103]

When Muslims fully grasp this, they find themselves willing not only to pay the due Zakah, but also to spend in charity according to their abilities even if this was not obligatory upon them. This renders them eager to give in charity and help others in all possible ways and it indicates the purity of their hearts andthe spiritual elevation of their souls.

The Messenger of Allah  said: "Smiling in the face of your brother is charity, enjoining good and forbidding evil is charity, guiding a lost man in a foreign land is charity, guiding the blind is charity, removing harmful things, thorns and bones from a road is regarded as charity and pouring what is left from your vessel into that of your brother is charity."

Hence, the close bond between Zakah and morals in Islam becomes clear. - islamweb.net

Prophet Muhammad's trust in Allah

Muhammad  preached to the people to trust in Allah. His whole life was a sublime example of the precept. In the loneliness of Makkah, in the midst of persecution and danger, in adversity and tribulations, and in the thick of enemies in the battles of Uhud and Hunayn, complete faith and trust in Allah appears as the dominant feature in his life. However great the danger that confronted him, he never lost hope and never allowed himself to be unduly agitated. Abu Talib knew the feelings of the Quraysh when the Prophet  started his mission. He also knew the lengths to which the Quraysh could go, and requested the Prophet  to abandon his mission, but the latter calmly replied: "Dear uncle, do not go by my loneliness. Truth will not go unsupported for long. The whole of Arabia and beyond will one day espouse its cause." [Ibn Hisham]

When the attitude of the Quraysh became more threatening, Abu Talib again begged his nephew to renounce his mission but the Prophet's reply was: "O my uncle, if they placed the sun in my right hand and the moon in my left, to force me to renounce my work, verily I would not desist thereform until Allah made manifest His cause, or I perished in the attempt." (Ibid)

To another well-wisher, he  said: "Allah will not leave me forlorn."

A dejected and oppressed companion was comforted with the words:

"By Allah, the day is near when this faith will reach its pinnacle and none will have to fear anyone except Allah." [Al-Bukhari]

It was the same trust in Allah which emboldened the prophet  to say his prayers openly in the Haram (sacred Mosque of Makkah) in the teeth of opposition. The Quraysh were once collected there and were conspiring to put an end to his life when he next entered the Haram. His young daughter Fatimah  who happened to overhear their talk rushed weeping to her father and told him of the designs of the Quraysh. He  consoled her, did his ablutions and went to the Ka'bah to say prayers. There was only consternation among the Quraysh when they saw him  [Ahmad].

Then leaving his house for Madeenah he  asked Ali  to sleep on his bed and told him: "Do not worry, no one will be able to do you any harm" [At-Tabari, Ibn Hisham]

Even though the enemies had surrounded the house, he  left the house reciting the Quranic verse (which means): "We have set a barricade before them and a barricade behind them and (thus) have covered them so that they see not" [Quran, 36: 9]

Abu Bakr  was frightened when pursuers came close to the cavern in which he and Prophet Muhammad  hiding during their flight, but the Prophet  heartened him: "Grieve not. Allah is with us."

A guard was kept at the Prophet's house in Madeenah because of the danger that surrounded him but he had it withdrawn when the Quranic verse was revealed (which means): "Allah will protect you from the people". [Quran, 5: 67]

A man was caught waiting in ambush to assault the Prophet  but he was directed to be released with the words: "Even if this man wanted to kill me, he could not." [Ahmad]

A Jewish woman from Khaybar had put poison in the Prophet's food. He  spat it out after taking a morsel but a companion who had his fill died the next day. The Jewess was brought before the prophet  who questioned her: "Why did you do this?" "To kill you," was her defiant reply. She was told, "Allah would not have allowed you to do it." [Muslim]

In the battle of Uhud when the rear guard action of the Makkan army had disorganized the Muslim army and had turned the tables, the Prophet  stood as firm as a rock even though he  had suffered personal injuries. When Abu Sufiyan taunted the Muslims and shouted "Victory to Hubal!" (Hubal was one of their idols), the Prophet  asked Umar  to shout back: "Allah is our protector and friend. You have no protector and friend. Allah is Great, Magnificent." [Ibn Hisham]

Again in the battle of Hunayn, when the unexpected assault of the army had swept the Muslim force off its feet and a defeat seemed imminent, the Prophet  did not yield ground. With trust in Allah he showed such courage that the Muslim army rallied behind him to win a signal victory. -islamweb.net

LESSONS FROM THE STORY OF THE MOTHER OF MOSES

This article will look at the story of the mother of Moses, peace be upon him, as she strove to save her child from almost imminent death and derive lessons from that.  We will only focus on the verses in Surah Al-Qasas (Chapter 28) in the Quran, even though the story is mentioned in other places in the Quran as well.

"We inspired Moses’ mother, saying, ‘Suckle him, and then, when you fear for his safety, put him in the river: do not be afraid, and do not grieve, for We shall return him to you and make him a messenger.’ Pharaoh’s household picked him up––later to become an enemy and a source of grief for them: Pharaoh, Haman, and their armies were wrongdoers––and Pharaoh’s wife said, ‘Here is a joy to behold for me and for you! Do not kill him: he may be of use to us, or we may adopt him as a son.’  They did not realize what they were doing.  Soon after, Moses’ mother felt a void in her heart––if We had not strengthened it to make her one of those who believe, she would have revealed everything about him––and she said to his sister, ‘Follow him.’ So she watched him from a distance, without them knowing.  We had ordained that he would refuse to feed from wet nurses.  His sister approached them and said, ‘Shall I tell you about a household which could bring him up for you and take good care of him?’ We restored him to his mother in this way, so that she might be comforted, not grieve, and know that God’s promise is true, though most of them do not know." (Quran 28:7-13)

Pharaoh saw a dream wherein he saw that a child from the slave class—the Children of Israel—would rise up and overthrow him.  And after that, he started to murder every male child that was born to the Children of Israel.  It was at a time like this that Moses was born.  And in the midst of all of it, God chose this boy over all others to be miraculously saved.  Thus, God sent His divine instructions to the mother of Moses.

Lesson One: Obey God, put your heart at ease, and trust in His promise

God gives two commands—breastfeed him and throw him into a basket and into the river, two pieces of counsel for the heart—do not be afraid and do not be sad, and two promises—that he will be returned and that he will be a messenger.  God gave two commands, one which made sense (breastfeeding), and one which apparently made no sense (throwing a child into the river!!?).  The mother of Moses didn’t pick and choose.  She obeyed her Lord regardless, and she was feeling apprehensive, which was normal, and thus God gave her two pieces of counsel, and two promises.  The lesson we learn here is that despite what it might look like, in the hardest of times obeying God even if it looks and sounds "weird" is the way forward.  Take the right decision based on what God says, and know that if you obey God there is nothing to be fearful about and nothing to be sad about, and that the promise of God is true, even if you do not see it at the moment.  Did the mother of Moses have any idea that her son would even survive? Let alone becoming a messenger and being returned to her?

Lesson Two: From the depths of darkness God can bring out light

Thousands of mothers would have cried because of the actions of Pharaoh.  They must have made dua (supplication) that God destroy this tyrant (they were believers of that time).  And yet, God placed the boy who would wipe out the tyrant in the house of the tyrant itself.  From the deepest darkest pits of kufr (disbelief), the palace of Pharaoh, God brought out the light—Moses.  The man who killed thousands of babies, couldn’t kill the one baby that was supposed to destroy him.  When God protects someone, none can harm him, even if the world may try.  In fact, God made it in such a way, that the wife of Pharaoh, Asiyah was the one who fell in love with the child and adopted him as a son.  God answered the supplication of thousands of mothers, of millions of Israelites trapped in slavery through this.  His plans are unique, His plans are beyond our comprehension, but He is the best of planners.  When in the depths of darkness, remember that God can bring out light even from there, and that He has a plan.

Lesson Three: When doubt creeps in, keep a plan B but still trust in God

The heart of the mother of Moses had gone cold, as the heart of any mother would.  She was about to reveal everything just so that she might be able to see her child once more.  This is an example of illogical feelings.  Yes she may be able to see her child but that would mean death for sure!  So, she chooses the next possible plan, which was logical and yet would soothe her heart.  She sends her daughter to look after her brother—to follow the basket through the river.  The sister of Moses, Myriam, watched almost in horror as the basket was taken downstream and right into the lion’s den, to the palace of Pharaoh! She went near to find out what the situation was like, and found out that Moses was crying his life out as he was hungry but refused all of the wet nurses.  She went in and offered the services of her mother.  Trusting in God, and with the plan B, the mother of Moses made sure that her child would remain safe.

Lesson Four: God not only keeps His Promise, but gives more

God promised the mother of Moses that she would be reunited with her son.  She was given two commands and she fulfilled them.  And then, God out of His Mercy and Benevolence, reunited the mother with her child.  Instead of a life trying to keep her son from being killed, now she was protected by the same people who were supposed to kill her.  Moreover, she was now an employee in the Royal Palace and was being paid to do what she would have done anyway—take care of her son! God promised her the return of her child, but God not only fulfilled His promise but gave her even more.  As God says in the Quran, "Whoever is conscious of God, He will make a way for him from every difficulty, and provide for Him from sources He could never have imagined.  Whoever puts their trust in God, then He is sufficient for them." (Quran 65:2-3) -islamreligion.com

Prophetic prohibition against economic monopolies

Monopoly, or Ihtikar in Arabic, is a prohibited practice in Islam because it leads to injustice. The Prophet Muhammad  has made explicit and specific statements about it. For example, he said: "Whoever withholds food (in order to raise its price), has certainly erred!" [Muslim] Also: "Whoever strives to increase the cost (of products) for Muslims, Allah, the Exalted, will seat him in the center of the Fire on the Day of Resurrection." [Ahmad and al-Hakim]

Mu’aath  said that he heard the Messenger of Allah  saying: "What an evil person is the one who withholds! If Allah causes the prices to drop, he would be saddened, and if He causes them to climb, he would be excited." [Al-Bayhaqi] There are also Hadeeths that prohibit buying goods from trade caravans before reaching the city, and traditions that prohibit selling goods to persons unfamiliar with the market. These are types of monopolistic practices that have known negative effects upon the economic infrastructure.

As to buying goods from trade caravan merchants (who are unaware of current prices in the market), this is most analogous to what is known today as a "special monopolistic pact," under which consumers, typically, are harmed most.

As for selling goods to persons unfamiliar with the market, this works to create special markets in which the seller or supplier utilizes the consumer's lack of knowledge of the market and prices to his own end. Ibn Hajar al-Haythami  said: "It is said the reason this type of transaction is prohibited (i.e., buying goods from trade caravans) is the concern that the buyer will withhold the goods he purchases from others, and thereafter treat them unfairly and make it difficult for them."

The jurists are at variance as to what a monopoly includes. Is it specific to foods, or does it include everything?

The majority opinion, which is also most in line with the aims (maqasid) of the Sharee'ah, is that the prohibited monopoly is one that inflicts harm on people and makes it difficult for them with the monopolist's intention to sell when prices soar, and at the highest possible price. Whoever does this would be considered a monopolist, and his deed is unlawful.

Imam Malik  said: "Monopoly occurs in everything, including food products, jute, woolen or safflower products and the like; whatever, if withheld, would harm people, the withholder should be prevented from so doing, but if he is not harming (consumers) or their commerce, there is nothing wrong with it.

Imam Yahya an-Nawawi  said: "The wisdom behind prohibiting monopolistic practices is to prevent the harm that would befall people as a result. Scholars are in agreement that if a person possesses items that people are in dire need of, and they can not find anyone else to supply it, he is to be forced to sell it in order to lessen the harm and remove difficulty from people."

Dr. Robi has clarified the conditions of the prohibited monopoly. He said: "After reading through judicial economic writings, we can conclude that the conditions of the prohibited monopoly according to the jurists' are as follows:

Increasing the price

Many traditions underline that the aim of the one who withholds is to increase the price. This can be understood from an economic perspective, since it is not feasible for withholder to undergo loss in order to purchase and store the product while part of it perishes besides the fact that he used his capital to purchase the products to later on sell it at the same price! This individual increases the price when people are in need of the product.

As for one who stores some products, to make them available at a time of need, and makes a small profit by increasing the prices, without harming the people; this person would indeed have brought about a good service to others.

This is, therefore, a form of permitted monopoly. Thus increasing prices of goods is not harmful in itself. In fact, prices of a product usually fluctuate during normal times, and may change from day to day, and can increase to meet normal inflation that is typical for the particular community the trading takes place in.

Monopolistic practice, on the other hand, manipulates a situation to intentionally increase prices suddenly and drastically.

Decreasing supply sufficiently

A known method, by which prices are increased, is increasing demand for a product so that this demand exceeds its supply, or, conversely, decreasing supply at a rate greater than the decreasing demand. Naturally, in this case, it is not feasible for the one who withholds the product to increase the supply, unless he decreases its cost, and he defeats his purpose in so doing. In such a case, he would not be able to make a profit unless he reduces its supply partially or totally for a period of time. The jurists differentiated various cases:

A. Controlling the supply of a product should not be confused with decreasing the supply. Controlling supply, which is lawful and occurs under normal circumstances, usually when products are readily available, is beneficial to both consumer and supplier, as is the case with agricultural goods.

B. Keeping stock for use should not be confused with stock kept for retail. Considering the jurists' definition of monopoly, we find that they restricted its meaning to buying products which are later withheld, with the intention of retailing them. Therefore, stocking products for personal use is lawful, for it does not disrupt the supply of the product or lead to price increases.

C. Large markets should not be confused with less important markets. The reason monopolies are prohibited is due to the harm and dangers that arise from them. Therefore, if withholding a product in a large market would cause harm, it would be considered a prohibited monopoly.

D. Importing goods should not be confused with withdrawing goods from the market. The majority of jurists agree that the importer of goods from distant markets is not a monopolist, as long as he does not cause harm. It is clear from the conditions of prohibited monopoly and textual proofs in the Sharee'ah that monopolies of all sorts would fall under the same ruling, for the following reasons:

1.     The traditions that mention prohibition of monopoly are general, and no distinction is made therein between food products and animals.

2.     The prohibition of the Messenger of Allah  regarding monopolies relating to foods is a ruling given to a common item which is monopolized. It does not mean that it is the only item that a monopoly is prohibited in, nor are the general traditions concerning this restricted by those traditions mentioning the prohibition of the Messenger  in foods.

3.     The reason monopolies are prohibited is the harm that arises from them; whenever this reason is present in food monopolies or other monopolies they are to be prevented.

4.     Restricting monopolies to foods alone allows monopolies in items that aid in their produce, such as fertilizers, agricultural machinery, and animals. By right, monopolies in these items should also be disallowed because they lead to monopolies in foods. In addition, present day economic conditions are more complex, specializations have broadened, work details have been divided, people are dependant upon others to fulfill many of their needs, and new products have been invented, which if not readily available cause disorder, and if monopolized cause harm.

For this reason, Abu Yousef, the great Hanafi jurist  was of the opinion that monopolies of all sorts are prohibited, as long as they harm people. In the language of present day economics it can be said that it is not lawful to play with supply of a necessary product which has no substitute.

Examples of monopoly

Monopoly cannot be restrictively and exhaustively defined due to its many types, but it is possible to cite some of the examples the jurists mentioned when they talked about monopoly.

1.     Monopolizing the production of a product, whether individually or by a group, so as to control pricing, supply, and competitive production.

2.     Monopolizing certain services and trades, such that a certain group has the arrogation of a monopole. Thus they can prevent others from providing that service or trade, or they will not provide their services, while the Ummah is in a dire need of them.

Ibn Taymiyyah  said: "If people are in need of farmers, tailors, or construction services, this work is compulsory upon them if the ruler forces them to do so, after they refuse to accept reasonable charges in lieu of their services. It is not lawful for them to ask for more than that sum for their services."

He said: "Moreover, if people are accustomed [or, have restricted access] to foods and other products being sold only by certain people, in such a case it is a must that pricing be controlled, such that they can only sell at reasonable cost."

Ibnul Qayyim  said: "A horrid form of oppression is the renting out of shops on the sides of roads, or in villages, for a certain price and with the condition that no one sells a certain product except the one who rents out the shops. This oppression is prohibited upon the one who rents the shop out and upon the one who rents it....So too [is their prohibition] when people are habituated to foods or other products being sold only by certain people, and wholesalers sell only to them, and these wholesalers then sell the products in retail at their own prices, while anyone besides them who sells these products are punished and prevented from doing so. This indeed is oppression and corruption which has spread in the lands."

Some researchers have commented on this passage saying: "The matter which Ibn al-Qayyim is considering here is exclusive commercial or business representation, which is common in Islamic countries."

3.     Agreed monopoly, wherein buyers or sellers agree to monopolize an industry. Ibnul Qayyim  said: "Many scholars, such as Abu Haneefah and his companions, have disallowed those who divide real estate and other things for a fee, to unite under a coalition [or cartel], for if they do so, and people are in need of their services, they will increase their rate." Ibn Taymiyyah  said:"'Also, buyers should be prevented from agreeing to purchase what one of them purchases until nothing is left in the market." Ad-Dusooqi, the Maliki jurist  describes another form of price-fixing that occurs in auctions: "It is not lawful for a buyer to secretly agree with others not to raise the price of a product for him in an auction."

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