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ISLAMIC BUSINESS ETHICS


                                 by


                   Dr. Rafik Issa Beekun
                   University of Nevada
                            and
               Islamic Training Foundation

                         November 01, 1996



     Copyright © 1996, International Institute of Islamic Thought
                 PO Box 669, Herndon, VA 20170
                          (703) 471-1133

Please do not reproduce or translate in any manner without the written
     permission of the International Institute of Islamic Thought
Islamic Business Ethics

                           Table of Contents


DEFINING ETHICS

FACTORS INFLUENCING ETHICAL BEHAVIOR IN ISLAM
 LEGAL INTERPRETATIONS
 ORGANIZATIONAL FACTORS
 INDIVIDUAL FACTORS
THE ISLAMIC ETHICAL SYSTEM
 ALTERNATE ETHICS SYSTEMS
   Relativism
   Utilitarianism
   Universalism
   Rights
   Distributive Justice
   Eternal Law
   Islamic Ethical System
 AXIOMS OF ISLAMIC ETHICAL PHILOSOPHY
   Unity
   Equilibrium
   Free Will
   Responsibility
   Benevolence
 DEGREES OF LAWFUL AND UNLAWFUL BEHAVIOR IN ISLAM
HALAL AND HARAM BUSINESS AREAS
 HALAL EARNINGS
   Work in Agriculture
   Work in Industry and Professional Areas
 HARAM EARNINGS
DEVELOPING AN ETHICAL ORGANIZATIONAL CLIMATE

AN ISLAMIC PERSPECTIVE OF THE SOCIAL RESPONSIBILITY OF
ORGANIZATIONS
 ORGANIZATIONAL STAKEHOLDERS
   Relationship of the Firm to Its Employees
   Relationship of Employees to the Firm
Islamic Business Ethics

   Relationship of the Firm to Other Stakeholders
 THE NATURAL ENVIRONMENT
   Treatment of Animals
   Environmental Pollution and Ownership Rights
   Environmental Pollution and Free Resources (air, water, etc.)
 THE GENERAL SOCIAL WELFARE
 ARGUMENTS FOR AND AGAINST SOCIAL RESPONSIBILITY
 ORGANIZATIONAL MODES OF SOCIAL RESPONSIVENESS
MANAGING SOCIAL RESPONSIBILITY
 EXPLICIT ORGANIZATIONAL APPROACHES
   Developing a Code of Ethics
   Ethical Oversight
   Appointment of an Ethics Advocate
   Selection and Training
   Adjusting the Reward System
 IMPLICIT ORGANIZATIONAL APPROACHES
 PERFORMING A SOCIAL AUDIT
GENERAL ETHICAL GUIDELINES FOR MUSLIMS IN BUSINESS

PUNISHMENT AND REPENTANCE FOR UNETHICAL BEHAVIOR
 NO COERCION IN ETHICAL BEHAVIOR
 PUNISHMENT PHILOSOPHY IN ISLAM
EXPERIENTIAL EXERCISES AND QUESTIONNAIRES

INDEX
ISLAMIC BUSINESS ETHICS
       You are the best of peoples, evolved for mankind, enjoining
       what is right, forbidding what is wrong, and believing in Allah.
       (Qur’an 3:110)

     Every day, individuals face ethical issues at work, and rarely know how
to deal with them. A recent review of articles published in the Wall Street
Journal during only one week in 1991 uncovered a whole array of issues
being faced by employees: stealing, lying, fraud and deceit, etc.1 Surveys
both in the USA and internationally reveal rampant unethical behavior in
businesses. For instance, a recent survey of 2,000 major US corporations
revealed that the following ethical problems (arranged in order of
importance) concerned managers: (1) drug and alcohol abuse, (2) employee
theft, (3) conflicts of interest, (4) quality control issues, (5) discrimination in
hiring and promotion, (6) misuse of proprietary information, (7) abuse of
company expense accounts, (8) plant closings and lay-offs, (9) misuse of
company assets, and (10) environmental pollution.2 Internationally, the
ethical values of businesses are also deficient. In a survey of 300 companies
across the world, over 85% of senior executives indicated that the following
issues were among their top ethical concerns: employee conflicts of interest,
inappropriate gifts, sexual harassment, and unauthorized payments.3
     Is it naive for a Muslim businessman to behave ethically in a globally,
competitive environment? The answer is a resounding NO! In Islam, ethics
governs all aspects of life. The conditions for everlasting success or falah in
Islam are the same for all Muslims–whether in conducting their business
affairs or in carrying out their daily activities. Without specifying any
situational context, Allah describes people who attain success as those who
are “inviting to all that is good (khayr), enjoining what is right (ma‘ruf) and
forbidding what is wrong (munkar).”4 Within a business context, however,

1
  Cherrington, J. O. and Cherrington, D. J. 1993. “A Menu of Moral Issues: One Week in the
Life of the Wall Street Journal.” Journal of Business Ethics, 11, pp. 255-265.
2
  America’s Most Pressing Ethical Problems. 1990. Washington, DC: The Ethics Resource
Center, p. 1.
3
  Baumann, Mary. 1987. “Ethics in Business.” USA Today. She was citing data from the Con-
ference Board.
4
  Qur’an 3:104.
Islamic Business Ethics

what specific standards of conduct should a company follow? What is a
Muslim businessman’s responsibility to internal and external stakeholders?
Although a firm’s top executives may exhibit exemplary ethical behavior,
how can middle- and lower-level managers be encouraged to behave in a
similarly ethical manner? What are some guidelines that would ensure
consistent ethical behavior in a Muslim business?

Defining Ethics
     Ethics may be defined as the set of moral principles that distinguish
what is right from what is wrong. It is a normative field because it prescribes
what one should do or abstain from doing. Business ethics, sometimes
referred to as management ethics or organizational ethics, simply limits its
frame of reference to organizations.
     Within an Islamic context, the term most closely related to ethics in the
Qur’an is khuluq.5 The Qur’an also uses a whole array of terms to describe
the concept of goodness: khayr (goodness), birr (righteousness), qist
(equity), ‘adl (equilibrium and justice), haqq (truth and right), ma‘ruf
(known and approved), and taqwa (piety). Pious actions are described as
salihat and impious actions are described as sayyi’at.6

Factors Influencing Ethical Behavior in Islam
    What is considered ethical behavior may depend on the factors that
define and affect ethical behavior. These factors have been identified in
Figure 1.

Legal Interpretations
    In secular societies, legal interpretations are based upon contemporary
and often transient values and standards; in an Islamic society, these values
and standards are guided by the Shari‘ah and the collection of previous fiqh
judgments. The result of these divergent approaches is amazing: at one time,
it was legal and ethical in the United States to discriminate against women
and minorities in hiring; now, affirmative action laws make it illegal to
discriminate against these groups. By contrast, Islam has given women
permanent and unalienable rights, and has never discriminated against
minorities on any basis. For example, Abu Dharr reported that the Prophet
(saaw) said to him,

5
    Qur’an 68:4. I thank Dr. Gamal Badawi for this suggestion.
6
    Fakhry, Majid. Ethical Theories in Islam. Leiden: E. J. Brill, 1991, pp. 12-13.
Islamic Business Ethics


      You are not better than people with red or black skins unless
      you excel them in piety.7

                                   Figure 1
                        Determinants of Individual Ethics8

             Legal
             Interpretations

             Organizational
             Factors                                       Individual Ethics

             Individual Factors
             Stages of Moral Development
             Personal Values and Personality
             Family Influences
             Peer Influences
             Life Experiences
             Situational Factors


    Similarly, the Islamic ethical system does not endorse the caveat emptor
concept that many Western courts have considered valid in several shadowy
cases. Thus, Anas Ibn Malik reports the following hadith:

      Allah’s Messenger (peace be upon him) forbade the sale of
      fruits till they are almost ripe. Anas was asked what is meant
      by “are almost ripe.” He replied, “Till they become red.”
      Allah’s Messenger (peace be upon him) further said, “If Allah
      spoiled the fruits, what right would one have to take the money
      of one’s brother (i.e., other people)?”9

The Hanafis’ interpretation of Islamic law reinforces this emphasis on equity
and fairness:

      If the vendor sells property as possessing a certain desirable
      quality and such property proves to be devoid of such quality,
      the purchaser has the option of either canceling the sale, or of




7
  Abu Dharr, Mishkat Al-Masabih, 5198 and transmitted by Ahmad.
8
  Barney, Jay B. & Griffin, Ricky W. The Management of Organizations. © 1992 by
Houghton Mifflin Company, p. 720. Adapted with permission.
9
  Anas ibn Malik, Sahih Al-Bukhari, 3.403.
Islamic Business Ethics

       accepting the thing sold for the whole of the fixed price. This is
       called option for misdescription.10

Organizational Factors
    The organization too can affect influence participants’ behavior. One of
the key sources of organizational influence is the degree of commitment of
the organization’s leader to ethical conduct. This commitment can be
communi-cated through a code of ethics, policy statements, speeches,
publications, etc. For example, Xerox Corporation has a 15 page ethical
code, one section of which states:

       We’re honest with our customers. No deals, no bribes, no
       secrets, no fooling around with prices. A kickback in any form
       kicks anybody out. Anybody.

The above statement is clear and relates specific unethical behavior to
negative consequences.
    Codes of ethics are gaining in popularity in many organizations, and
often vary from one industry to another. Although such codes may enhance
ethical behavior among organizational participants, their use is sometimes
inappropriate. Some organizations may be trading in or selling in khamr or
other haram products or services; hence, the conduct of the whole
organization is unethical. Developing and enforcing a code of ethics in this
type of organization is clearly erroneous since Allah Subhanahu wa ta‘ala
has said in the Qur’an:

       They ask you concerning wine and gambling. Say, “In them is
       great sin, and some profit for men; but the sin is greater than
       the profit.”11

     In general, however, organizations engaged in halal businesses can foster
ethical behavior through the development of an Islamic code of ethics.




10
   Al-Majalla (The Ottoman Courts Manual [Hanafi]), Section II. Option for Misdescription,
310.
11
   Qur’an 2:219.
Islamic Business Ethics

Individual Factors
    Individuals come to work with different values. Factors affecting one’s
ethical behavior include: stages of moral development, personal values and
morals, family influences, peer influences, and life experiences.

    Stages of Moral Development. The Prophet (saaw) suggested that
individuals undergo two stages of moral development: the minor or pre-
pubescent stage and the adulthood stage. In a hadith narrated by Aisha (rah),
she narrated that:

       The Apostle of Allah (peace be upon him) said: ‘There are
       three (persons) whose actions are not recorded: a sleeper
       till he awakes, an idiot till he is restored to reason, and a
       boy till he reaches puberty.’12

     From the above hadith, two facts can be inferred. First, certain types of
people are not responsible for their behavior: the sleeper, the lunatic and the
child before puberty. Second, an individual is not responsible for his actions
until the age of reason.
     In addition to physical and mental development, Islamic scholars13 have
suggested that there are three states or stages of the development of the human
soul or nafs: (1) ammara (12:53), which is prone to evil, and, if not checked
and controlled, will lead to perdition; (2) lawwama, (75:2), which feels
consciousness of evil, and resists it, asks for Allah’s grace and pardon after
repentance and tries to amend; it hopes to reach salvation; (3) mutma’inna
(89:27), the highest stage of all, when the soul achieves full rest and
satisfaction after ‘aql (intellect) has checked the evil tendencies of man.14 If a
Muslim persists in behaving unethically, he is succumbing to the ammara; if
he is behaving Islamically, he is fighting the evil impulses of the ammara, and
responding to the directions of the lawwama and the mutma’inna. Of course,
what will govern his ethical behavior and the interaction among these three
states of the soul is his level of taqwa or piety. Depending on which level his
nafs is at and whether he is winning or losing the battle against temptation and
evil, he may be more or less prone towards behaving ethically.



12
   Aisha, Ummul Mu’minin, Abu Dawud, 4384.
13
   Rizvi, S. A. Muslim Tradition in Psychotherapy and Modern Trends. Lahore, Pakistan:
Institute of Islamic Culture.
14
   Ibid., pp. 50-51.
Islamic Business Ethics

    Personal Values and Personality. An individual’s values and morals
will also influence his or her ethical standards. A person who stresses
honesty will behave very differently from another who does not respect other
people’s property. Interestingly, in Islam, the decay and eventual
disappearance of honesty is a sign of the imminence of the Day of Judgment.
Abu Hurayrah reports:

          While the Prophet (peace be upon him) was saying something
          in a gathering, a Bedouin came and asked him, “When would
          the Hour (Doomsday) take place?” Allah’s Apostle (peace be
          upon him) continued his talk, so some people said that Allah’s
          Apostle (peace be upon him) had heard the question, but did
          not like what that Bedouin had asked. Some of them said that
          Allah’s Apostle (peace be upon him) had not heard it.

          When the Prophet (peace be upon him) finished his speech, he
          said, “Where is the questioner, who inquired about the Hour
          (Doomsday)?” The Bedouin said, “I am here, O Allah’s
          Apostle (peace be upon him).” Then the Prophet (peace be
          upon him) said, “When honesty is lost, then wait for the Hour
          (Doomsday).” The Bedouin said, “How will that be lost?” The
          Prophet (peace be upon him) said, “When the power or
          authority comes in the hands of unfit persons, then wait for the
          Hour (Doomsday).”15

    A key personality variable which may affect the ethical behavior of an
individual is his/her locus of control. The locus of control of an individual
affects the degree to which he perceives his behavior as influencing his life.
An individual has an internal locus of control if he/she believes that he/she
can control the events in his/her life. As a result, internals are likely to take
responsibility for the outcomes of their behavior. Conversely, an individual
with an external locus of control believes that fate or luck or other people
affect his life. Such an individual is likely to believe that external forces
cause him to behave either ethically or unethically. Overall, internals are
more likely than externals to make ethical decisions, are less willing to cave




15
     Sahih al Bukhari, 1.56
Islamic Business Ethics

in to pressure to behave unethically, and will resist hurting others, even
when ordered to do so by a superior.16

    Family Influences. Individuals start to form ethical standards as
children. The Prophet (saaw) emphasized the importance of family nurturing
when he said:

       Command your children to pray when they become seven years
       old, and discipline them for it (prayer) when they become ten
       years old; and arrange their beds (to sleep) separately.17

     Here, the implication is that if you wish your children to grow up as
good Muslims, you need to start shaping them from a young age. Children
are likely to develop high ethical standards if they perceive other family
members as consistently adhering to high standards, and if they are rewarded
for ethical behavior but punished for being untruthful, stealing etc. Mixed
messages from parents are likely to result in unethical behavior on the part
of the child. An example of mixed messages is that of a child who is told
that stealing is bad; at the same time, he is given supplies “borrowed” from
the parents’ office at work.

     Peer Influences. As children grow and are admitted to school, they are
influenced by the peers with whom they interact daily. Thus, if a child’s
friends engage in drawing graffiti, the child may imitate them. If the child’s
peers avoid such behavior, the child is likely to behave accordingly.

     Life Experiences. Whether positive or negative, key events affect the
lives of individuals and determine their ethical beliefs and behavior.
Malcolm X’s Hajj experience had a major impact on his later years as a
Muslim:

       There were tens of thousands of pilgrims, from all over the
       world. They were of all colors, from blue-eyed blonds to black-

16
   Lefcourt, H. M. Locus of Control: Current Trends in Theory and Research. Hillsdale, NJ:
Erlbaum, 1982, 2d edition.
17
   Abdullah ibn Amr ibn al ‘As, Abu Dawud, 0495. In discussing this hadith with Dr. Gamal
Badawi, he indicated that Islam is not for harsh “spanking” of children. They should, of
themselves, wish to follow the role models presented by their parents and want to observe the
regular prayers by age ten. If they do not, then light but appropriate discipline should be
administered.
Islamic Business Ethics

       skinned Africans. But we were all participating in the same
       ritual, displaying a spirit of unity and brotherhood that my
       experience in America had led me to believe never could exist
       between the white and the non-white.

       America needs to understand Islam, because this is the one
       religion that erases from its society the race problem. [...] I
       have never before seen sincere and true brotherhood practiced
       by all colors together, irrespective of their color.

       You may be shocked by these words coming from me. But on
       this pilgrimage, what I have seen, and experienced, has forced
       me to re-arrange much of thought-patterns previously held, and
       to toss aside some of my previous conclusions.18

     Situational Factors. People may behave unethically in certain
situations because they may see no way out. For example, a manager may
record ficti-tious sales in order to cover losses within his area of
responsibility. According to Islam, debt is a major reason why individuals
behave unethically. In a hadith narrated by Aisha (raw),

       Somebody said to [the Prophet], “Why do you so frequently
       seek refuge with Allah from being in debt?” The Prophet
       (peace be upon him) replied, “A person in debt tells lies
       whenever he speaks, and breaks promises whenever he makes
       (them).”19

    Since indebtedness is likely to lead to unethical conduct, Muslim lenders
are encouraged to show leniency to debtors. At the same time, debtors are
urged to repay debts promptly.

The Islamic Ethical System
    The Islamic ethical system differs from secular ethical systems and from
the moral code advocated by other religions. Throughout civilization, these
secular models20 assumed moral codes that were transient and myopic since

18
   Haley, Alex. 1965. The Autobiography of Malcolm X. New York: Ballantine Books, p. 340.
19
   Aisha, Sahih al Bukhari, 1.795.
20
   Badawi, Jamal. Islamic Teachings. Halifax, NS Canada. Package II, series F, cassettes 1
and 2.
Islamic Business Ethics

they were based on the values of their human founders, e.g., epicurianism or
happiness for happiness’s sake. These models generally proposed a system
of ethics divorced from religion. At the same time, the moral code adopted
by other religions have often stressed values that de-emphasize our existence
in this world. For example, Christianity by its overemphasis on monasticism
encourages its adherents to retire from the hustle and bustle of daily life. By
contrast, the moral code embedded in Islamic ethics emphasizes the relation
of man to His Creator. Because God is Perfect and Omniscient, Muslims
have a code that is neither timebound nor biased by human whims.21 The
Islamic code of ethics is enforceable at all times because Its Creator and
Monitor is closer to man than his jugular vein, and has perfect, eternal
knowledge. To spell out Islam’s moral code, we will now compare alternate
ethics systems to the Islamic ethical system.

Alternate Ethics Systems
     Contemporary ethics differs from the Islamic ethical system in multiple
ways. Six ethical systems now dominate ethical thinking in general. These
are summarized in Table 1.

                      END OF EXCERPT
If you wish to read more about the Islamic System of
Ethics with respect to business, please order a copy of
the Islamic Business Ethics book at $6:00 (not including
shipping charges) from:

Amana Publications
c/o Brother Adnan Mohtasib
10710 Tucker Street
Beltsville, MD 20705-2223

Phone: (301) 595-5777
Fax: (301) 595-5888



21
     Loc. cit.
Islamic Business Ethics

You may also contact the International Institute of
Islamic Thought at:
(702) 471-1133 (ask for Brother Muhyiddin)
Islamic Business Ethics


                                          Index
                                                  Charity, 12, 46
                  A                               Christianity, 8, 17
                                                  Climate
Abu Bakr, 30
                                                     Ethical Organization, 36
Abu Jandal, 26
                                                  Code of ethics, 3, 8, 17, 18, 41, 49, 57,
Accountability, 40
                                                     59, 61, 64
Adl, 23
                                                     Developing, 58
Aisha (raw), 7
                                                     Implementing, 59
Al gharar, 35
                                                  Codes of ethics
Al-Awani, Taha Jaber, 16
                                                     Xerox, 3
Alcohol, 0, 28, 29, 33, 34, 69
                                                  Commodities, 35
   Consumption, 33
                                                  Consumers, 43
Al-Ghazzali, 23, 27
                                                  Culture, 4, 62
Alms, 12
Al-mudaraba, 48
Al-Qaradawi, Yusuf, 11, 12, 28, 29, 30,
                                                                     D
   33, 34, 35, 43, 44, 45, 47, 48, 59             Debt, 7, 31, 47
Alternate Ethics Systems, 8–18                    Debtor, 46
Amanah, 17, 22                                    Discrimination, 21
Ammara. See Nafs                                  Distributive Justice, 9, 13
Animals, 12, 34, 35, 51, 52                       Drugs, 33, 34
   Slaughtering, 51                               Duty, 11, 25, 70
Aquinas, Thomas, 16
Axioms, 19, 26, 28, 36                                               E
                                                  Employees, 0, 12, 13, 21, 24, 37, 38,
                  B                                  39, 40, 41, 46, 57, 58, 59, 61
Balance. See Equilibrium                          Environment, 50–53
Begging, 30                                       Epicurianism, 8
Benevolence, 20, 27, 40                           Equilibrium, 22–23
Bribes, 3, 36, 67                                 Equity, 2
Brokering, 42                                     Eternal Law, 9, 16, 18
Business environmentalism, 51                     Ethical behavior
Butchers, 51                                         factors, 1–7
                                                  Ethical code
                  C                                  Xerox, 3
                                                  Ethics
Categorical imperative, 11
                                                     Advocate, 0, 1, 3, 8, 9, 10, 12, 13,
Caveat emptor, 2
                                                        15, 16, 17, 18, 19, 21, 23, 24, 26,
Islamic Business Ethics

     27, 36, 37, 39, 41, 57, 59, 61, 64,           Ihsan, 19, 40. See Benevolence
     67, 69                                        Individual Factors, 4
   Definition, 1                                   Infaq, 14
   Guidelines, 66–67                               Intention, 9, 11, 18, 47, 68
                                                   Investment, 48
                    F                              Islamic Ethical System, 7–36
                                                   Istikhlaf, 17
Falah, 0
Family, 6
Fard, 25, 28
                                                                       J
Fard 'ala al-'ain, 25                              Justice, 1, 9, 13, 14, 15, 17, 18, 19, 23,
Fard 'ala al-kifayah, 25                              38, 39, 67
Fasting, 25, 28
Fatima, 16                                                             K
First Bank Minneapolis, 63
                                                   Kant, 11
Fitrah, 67
                                                   Khamr, 3, 33
Fraud, 0, 43, 66, 67
                                                   Khayr, 0
Freedom, 9, 12, 13, 18, 24, 25
                                                   Khuluq, 1
Friedman, Milton, 10
                                                                       L
                   G
                                                   Landlord, 36
Gain, 36
                                                   Lawful behavior, 28
General Electric approach, 63
                                                   Lawwama. See Nafs
Guidelines, 64
                                                   Legal interpretations, 1–3
                                                   Liberty, 9, 12, 13
                   H                               Locus of control, 5
Halal, 3, 12, 18, 28, 29, 30, 42, 45, 49,          Lunatic, 4
   59
Haram, 11, 28, 30, 33, 34                                             M
   Earnings, 33–36
                                                   Ma’ruf, 0
Hell, 15, 18, 65
                                                   Makhruh, 28
Hisba, 36, 39, 52
                                                   Merit, 14, 15, 22
Hoarding, 43
                                                   Monopolies, 49
Hudaybiya, 26
                                                   Moral code, 24, 39, 44
Humility, 66
                                                   Mosque, 21
Hypocrite, 26
                                                   Mubah, 28
                                                   Mukhabara, 35
                    I                              Murabaha, 48
Ibn Taymiya, 33, 36, 39, 44, 47                    Musharaka, 48
Islamic Business Ethics

Mustahab, 28                                       Qutb, Syed, 13, 26
Mutmainna. See Nafs
Mutual consultation, 66                                               R
                                                   Relativism, 8, 9
                   N                               Responsibility, 25–27
Nafs, 4                                            Resurrection, 18, 34, 65
Needy. See Sadaqah and Qard Hassan                 Riba, 45, 46
                                                   Rights, 9, 12
                   O
Oaths, 45
                                                                        S
Organization factors, 3                            Sadaqah, 15, 49
                                                   Secrets, 3, 12, 41
                    P                              Share cropping, 35, 36
                                                   Sharikat, 48
Paradise, 27, 65
                                                   Shirk, 17, 26, 30
Pareto optimality, 10
                                                   Shura, 9
Partnerships, 47
                                                   Situational factors, 7
Peers, 6
                                                   Social audit, 62, 63
Perishables, 44
                                                   Social responsibility, 10, 26, 37, 50,
Personality, 5
                                                      54–56, 54, 55, 57
Pollution
                                                   Social responsiveness, 56
   Free resources (air, water, etc.), 53
                                                   Spoiled products, 44
   Ownership rights, 52
                                                   Stages of moral development, 4
   River, 55
                                                   Stakeholders, 37–50
Pornography, 29
                                                   Stolen property, 45
Prayers, 18, 28, 39
                                                   Suppliers, 21, 41, 42
Privacy, 40
                                                   Surveys
Profit, 3, 10, 27, 39, 48, 55, 56, 65
                                                      Ethics, 0
Profit maximization, 10
Property, 14
Prostitution, 34
                                                                        T
Puberty, 4                                         Tawheed, 19
Public, 14, 39, 42, 47, 52, 53, 55, 56,            Tazkiyah, 17, 19
   63                                              Theft, 0, 15
Punishment, 28, 34, 68, 69, 70                     Truthfulness, 64

                   Q                                                  U
Qard Hassan, 49                                    Umar, 11, 23, 27, 30, 33, 35, 44
Qarun, 17                                          Ummah, 18, 19, 22, 24, 69, 70
Islamic Business Ethics

Unity, 20–22                                              W
Universalism, 9, 11
                                         Wage, 12, 39
Uqud, 24
                                         Welfare, 54
Usman, 30
                                         Whistle blowing, 62
Utilitarianism, 9
                                         Work
                                           Agriculture, 31
                  V
                                           Business, 30
Values, 5                                  Industry, 32
Vicegerent, 23, 50, 51                     Professions, 32

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Islamic Business Ethics

  • 1. ISLAMIC BUSINESS ETHICS by Dr. Rafik Issa Beekun University of Nevada and Islamic Training Foundation November 01, 1996 Copyright © 1996, International Institute of Islamic Thought PO Box 669, Herndon, VA 20170 (703) 471-1133 Please do not reproduce or translate in any manner without the written permission of the International Institute of Islamic Thought
  • 2. Islamic Business Ethics Table of Contents DEFINING ETHICS FACTORS INFLUENCING ETHICAL BEHAVIOR IN ISLAM LEGAL INTERPRETATIONS ORGANIZATIONAL FACTORS INDIVIDUAL FACTORS THE ISLAMIC ETHICAL SYSTEM ALTERNATE ETHICS SYSTEMS Relativism Utilitarianism Universalism Rights Distributive Justice Eternal Law Islamic Ethical System AXIOMS OF ISLAMIC ETHICAL PHILOSOPHY Unity Equilibrium Free Will Responsibility Benevolence DEGREES OF LAWFUL AND UNLAWFUL BEHAVIOR IN ISLAM HALAL AND HARAM BUSINESS AREAS HALAL EARNINGS Work in Agriculture Work in Industry and Professional Areas HARAM EARNINGS DEVELOPING AN ETHICAL ORGANIZATIONAL CLIMATE AN ISLAMIC PERSPECTIVE OF THE SOCIAL RESPONSIBILITY OF ORGANIZATIONS ORGANIZATIONAL STAKEHOLDERS Relationship of the Firm to Its Employees Relationship of Employees to the Firm
  • 3. Islamic Business Ethics Relationship of the Firm to Other Stakeholders THE NATURAL ENVIRONMENT Treatment of Animals Environmental Pollution and Ownership Rights Environmental Pollution and Free Resources (air, water, etc.) THE GENERAL SOCIAL WELFARE ARGUMENTS FOR AND AGAINST SOCIAL RESPONSIBILITY ORGANIZATIONAL MODES OF SOCIAL RESPONSIVENESS MANAGING SOCIAL RESPONSIBILITY EXPLICIT ORGANIZATIONAL APPROACHES Developing a Code of Ethics Ethical Oversight Appointment of an Ethics Advocate Selection and Training Adjusting the Reward System IMPLICIT ORGANIZATIONAL APPROACHES PERFORMING A SOCIAL AUDIT GENERAL ETHICAL GUIDELINES FOR MUSLIMS IN BUSINESS PUNISHMENT AND REPENTANCE FOR UNETHICAL BEHAVIOR NO COERCION IN ETHICAL BEHAVIOR PUNISHMENT PHILOSOPHY IN ISLAM EXPERIENTIAL EXERCISES AND QUESTIONNAIRES INDEX
  • 4. ISLAMIC BUSINESS ETHICS You are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah. (Qur’an 3:110) Every day, individuals face ethical issues at work, and rarely know how to deal with them. A recent review of articles published in the Wall Street Journal during only one week in 1991 uncovered a whole array of issues being faced by employees: stealing, lying, fraud and deceit, etc.1 Surveys both in the USA and internationally reveal rampant unethical behavior in businesses. For instance, a recent survey of 2,000 major US corporations revealed that the following ethical problems (arranged in order of importance) concerned managers: (1) drug and alcohol abuse, (2) employee theft, (3) conflicts of interest, (4) quality control issues, (5) discrimination in hiring and promotion, (6) misuse of proprietary information, (7) abuse of company expense accounts, (8) plant closings and lay-offs, (9) misuse of company assets, and (10) environmental pollution.2 Internationally, the ethical values of businesses are also deficient. In a survey of 300 companies across the world, over 85% of senior executives indicated that the following issues were among their top ethical concerns: employee conflicts of interest, inappropriate gifts, sexual harassment, and unauthorized payments.3 Is it naive for a Muslim businessman to behave ethically in a globally, competitive environment? The answer is a resounding NO! In Islam, ethics governs all aspects of life. The conditions for everlasting success or falah in Islam are the same for all Muslims–whether in conducting their business affairs or in carrying out their daily activities. Without specifying any situational context, Allah describes people who attain success as those who are “inviting to all that is good (khayr), enjoining what is right (ma‘ruf) and forbidding what is wrong (munkar).”4 Within a business context, however, 1 Cherrington, J. O. and Cherrington, D. J. 1993. “A Menu of Moral Issues: One Week in the Life of the Wall Street Journal.” Journal of Business Ethics, 11, pp. 255-265. 2 America’s Most Pressing Ethical Problems. 1990. Washington, DC: The Ethics Resource Center, p. 1. 3 Baumann, Mary. 1987. “Ethics in Business.” USA Today. She was citing data from the Con- ference Board. 4 Qur’an 3:104.
  • 5. Islamic Business Ethics what specific standards of conduct should a company follow? What is a Muslim businessman’s responsibility to internal and external stakeholders? Although a firm’s top executives may exhibit exemplary ethical behavior, how can middle- and lower-level managers be encouraged to behave in a similarly ethical manner? What are some guidelines that would ensure consistent ethical behavior in a Muslim business? Defining Ethics Ethics may be defined as the set of moral principles that distinguish what is right from what is wrong. It is a normative field because it prescribes what one should do or abstain from doing. Business ethics, sometimes referred to as management ethics or organizational ethics, simply limits its frame of reference to organizations. Within an Islamic context, the term most closely related to ethics in the Qur’an is khuluq.5 The Qur’an also uses a whole array of terms to describe the concept of goodness: khayr (goodness), birr (righteousness), qist (equity), ‘adl (equilibrium and justice), haqq (truth and right), ma‘ruf (known and approved), and taqwa (piety). Pious actions are described as salihat and impious actions are described as sayyi’at.6 Factors Influencing Ethical Behavior in Islam What is considered ethical behavior may depend on the factors that define and affect ethical behavior. These factors have been identified in Figure 1. Legal Interpretations In secular societies, legal interpretations are based upon contemporary and often transient values and standards; in an Islamic society, these values and standards are guided by the Shari‘ah and the collection of previous fiqh judgments. The result of these divergent approaches is amazing: at one time, it was legal and ethical in the United States to discriminate against women and minorities in hiring; now, affirmative action laws make it illegal to discriminate against these groups. By contrast, Islam has given women permanent and unalienable rights, and has never discriminated against minorities on any basis. For example, Abu Dharr reported that the Prophet (saaw) said to him, 5 Qur’an 68:4. I thank Dr. Gamal Badawi for this suggestion. 6 Fakhry, Majid. Ethical Theories in Islam. Leiden: E. J. Brill, 1991, pp. 12-13.
  • 6. Islamic Business Ethics You are not better than people with red or black skins unless you excel them in piety.7 Figure 1 Determinants of Individual Ethics8 Legal Interpretations Organizational Factors Individual Ethics Individual Factors Stages of Moral Development Personal Values and Personality Family Influences Peer Influences Life Experiences Situational Factors Similarly, the Islamic ethical system does not endorse the caveat emptor concept that many Western courts have considered valid in several shadowy cases. Thus, Anas Ibn Malik reports the following hadith: Allah’s Messenger (peace be upon him) forbade the sale of fruits till they are almost ripe. Anas was asked what is meant by “are almost ripe.” He replied, “Till they become red.” Allah’s Messenger (peace be upon him) further said, “If Allah spoiled the fruits, what right would one have to take the money of one’s brother (i.e., other people)?”9 The Hanafis’ interpretation of Islamic law reinforces this emphasis on equity and fairness: If the vendor sells property as possessing a certain desirable quality and such property proves to be devoid of such quality, the purchaser has the option of either canceling the sale, or of 7 Abu Dharr, Mishkat Al-Masabih, 5198 and transmitted by Ahmad. 8 Barney, Jay B. & Griffin, Ricky W. The Management of Organizations. © 1992 by Houghton Mifflin Company, p. 720. Adapted with permission. 9 Anas ibn Malik, Sahih Al-Bukhari, 3.403.
  • 7. Islamic Business Ethics accepting the thing sold for the whole of the fixed price. This is called option for misdescription.10 Organizational Factors The organization too can affect influence participants’ behavior. One of the key sources of organizational influence is the degree of commitment of the organization’s leader to ethical conduct. This commitment can be communi-cated through a code of ethics, policy statements, speeches, publications, etc. For example, Xerox Corporation has a 15 page ethical code, one section of which states: We’re honest with our customers. No deals, no bribes, no secrets, no fooling around with prices. A kickback in any form kicks anybody out. Anybody. The above statement is clear and relates specific unethical behavior to negative consequences. Codes of ethics are gaining in popularity in many organizations, and often vary from one industry to another. Although such codes may enhance ethical behavior among organizational participants, their use is sometimes inappropriate. Some organizations may be trading in or selling in khamr or other haram products or services; hence, the conduct of the whole organization is unethical. Developing and enforcing a code of ethics in this type of organization is clearly erroneous since Allah Subhanahu wa ta‘ala has said in the Qur’an: They ask you concerning wine and gambling. Say, “In them is great sin, and some profit for men; but the sin is greater than the profit.”11 In general, however, organizations engaged in halal businesses can foster ethical behavior through the development of an Islamic code of ethics. 10 Al-Majalla (The Ottoman Courts Manual [Hanafi]), Section II. Option for Misdescription, 310. 11 Qur’an 2:219.
  • 8. Islamic Business Ethics Individual Factors Individuals come to work with different values. Factors affecting one’s ethical behavior include: stages of moral development, personal values and morals, family influences, peer influences, and life experiences. Stages of Moral Development. The Prophet (saaw) suggested that individuals undergo two stages of moral development: the minor or pre- pubescent stage and the adulthood stage. In a hadith narrated by Aisha (rah), she narrated that: The Apostle of Allah (peace be upon him) said: ‘There are three (persons) whose actions are not recorded: a sleeper till he awakes, an idiot till he is restored to reason, and a boy till he reaches puberty.’12 From the above hadith, two facts can be inferred. First, certain types of people are not responsible for their behavior: the sleeper, the lunatic and the child before puberty. Second, an individual is not responsible for his actions until the age of reason. In addition to physical and mental development, Islamic scholars13 have suggested that there are three states or stages of the development of the human soul or nafs: (1) ammara (12:53), which is prone to evil, and, if not checked and controlled, will lead to perdition; (2) lawwama, (75:2), which feels consciousness of evil, and resists it, asks for Allah’s grace and pardon after repentance and tries to amend; it hopes to reach salvation; (3) mutma’inna (89:27), the highest stage of all, when the soul achieves full rest and satisfaction after ‘aql (intellect) has checked the evil tendencies of man.14 If a Muslim persists in behaving unethically, he is succumbing to the ammara; if he is behaving Islamically, he is fighting the evil impulses of the ammara, and responding to the directions of the lawwama and the mutma’inna. Of course, what will govern his ethical behavior and the interaction among these three states of the soul is his level of taqwa or piety. Depending on which level his nafs is at and whether he is winning or losing the battle against temptation and evil, he may be more or less prone towards behaving ethically. 12 Aisha, Ummul Mu’minin, Abu Dawud, 4384. 13 Rizvi, S. A. Muslim Tradition in Psychotherapy and Modern Trends. Lahore, Pakistan: Institute of Islamic Culture. 14 Ibid., pp. 50-51.
  • 9. Islamic Business Ethics Personal Values and Personality. An individual’s values and morals will also influence his or her ethical standards. A person who stresses honesty will behave very differently from another who does not respect other people’s property. Interestingly, in Islam, the decay and eventual disappearance of honesty is a sign of the imminence of the Day of Judgment. Abu Hurayrah reports: While the Prophet (peace be upon him) was saying something in a gathering, a Bedouin came and asked him, “When would the Hour (Doomsday) take place?” Allah’s Apostle (peace be upon him) continued his talk, so some people said that Allah’s Apostle (peace be upon him) had heard the question, but did not like what that Bedouin had asked. Some of them said that Allah’s Apostle (peace be upon him) had not heard it. When the Prophet (peace be upon him) finished his speech, he said, “Where is the questioner, who inquired about the Hour (Doomsday)?” The Bedouin said, “I am here, O Allah’s Apostle (peace be upon him).” Then the Prophet (peace be upon him) said, “When honesty is lost, then wait for the Hour (Doomsday).” The Bedouin said, “How will that be lost?” The Prophet (peace be upon him) said, “When the power or authority comes in the hands of unfit persons, then wait for the Hour (Doomsday).”15 A key personality variable which may affect the ethical behavior of an individual is his/her locus of control. The locus of control of an individual affects the degree to which he perceives his behavior as influencing his life. An individual has an internal locus of control if he/she believes that he/she can control the events in his/her life. As a result, internals are likely to take responsibility for the outcomes of their behavior. Conversely, an individual with an external locus of control believes that fate or luck or other people affect his life. Such an individual is likely to believe that external forces cause him to behave either ethically or unethically. Overall, internals are more likely than externals to make ethical decisions, are less willing to cave 15 Sahih al Bukhari, 1.56
  • 10. Islamic Business Ethics in to pressure to behave unethically, and will resist hurting others, even when ordered to do so by a superior.16 Family Influences. Individuals start to form ethical standards as children. The Prophet (saaw) emphasized the importance of family nurturing when he said: Command your children to pray when they become seven years old, and discipline them for it (prayer) when they become ten years old; and arrange their beds (to sleep) separately.17 Here, the implication is that if you wish your children to grow up as good Muslims, you need to start shaping them from a young age. Children are likely to develop high ethical standards if they perceive other family members as consistently adhering to high standards, and if they are rewarded for ethical behavior but punished for being untruthful, stealing etc. Mixed messages from parents are likely to result in unethical behavior on the part of the child. An example of mixed messages is that of a child who is told that stealing is bad; at the same time, he is given supplies “borrowed” from the parents’ office at work. Peer Influences. As children grow and are admitted to school, they are influenced by the peers with whom they interact daily. Thus, if a child’s friends engage in drawing graffiti, the child may imitate them. If the child’s peers avoid such behavior, the child is likely to behave accordingly. Life Experiences. Whether positive or negative, key events affect the lives of individuals and determine their ethical beliefs and behavior. Malcolm X’s Hajj experience had a major impact on his later years as a Muslim: There were tens of thousands of pilgrims, from all over the world. They were of all colors, from blue-eyed blonds to black- 16 Lefcourt, H. M. Locus of Control: Current Trends in Theory and Research. Hillsdale, NJ: Erlbaum, 1982, 2d edition. 17 Abdullah ibn Amr ibn al ‘As, Abu Dawud, 0495. In discussing this hadith with Dr. Gamal Badawi, he indicated that Islam is not for harsh “spanking” of children. They should, of themselves, wish to follow the role models presented by their parents and want to observe the regular prayers by age ten. If they do not, then light but appropriate discipline should be administered.
  • 11. Islamic Business Ethics skinned Africans. But we were all participating in the same ritual, displaying a spirit of unity and brotherhood that my experience in America had led me to believe never could exist between the white and the non-white. America needs to understand Islam, because this is the one religion that erases from its society the race problem. [...] I have never before seen sincere and true brotherhood practiced by all colors together, irrespective of their color. You may be shocked by these words coming from me. But on this pilgrimage, what I have seen, and experienced, has forced me to re-arrange much of thought-patterns previously held, and to toss aside some of my previous conclusions.18 Situational Factors. People may behave unethically in certain situations because they may see no way out. For example, a manager may record ficti-tious sales in order to cover losses within his area of responsibility. According to Islam, debt is a major reason why individuals behave unethically. In a hadith narrated by Aisha (raw), Somebody said to [the Prophet], “Why do you so frequently seek refuge with Allah from being in debt?” The Prophet (peace be upon him) replied, “A person in debt tells lies whenever he speaks, and breaks promises whenever he makes (them).”19 Since indebtedness is likely to lead to unethical conduct, Muslim lenders are encouraged to show leniency to debtors. At the same time, debtors are urged to repay debts promptly. The Islamic Ethical System The Islamic ethical system differs from secular ethical systems and from the moral code advocated by other religions. Throughout civilization, these secular models20 assumed moral codes that were transient and myopic since 18 Haley, Alex. 1965. The Autobiography of Malcolm X. New York: Ballantine Books, p. 340. 19 Aisha, Sahih al Bukhari, 1.795. 20 Badawi, Jamal. Islamic Teachings. Halifax, NS Canada. Package II, series F, cassettes 1 and 2.
  • 12. Islamic Business Ethics they were based on the values of their human founders, e.g., epicurianism or happiness for happiness’s sake. These models generally proposed a system of ethics divorced from religion. At the same time, the moral code adopted by other religions have often stressed values that de-emphasize our existence in this world. For example, Christianity by its overemphasis on monasticism encourages its adherents to retire from the hustle and bustle of daily life. By contrast, the moral code embedded in Islamic ethics emphasizes the relation of man to His Creator. Because God is Perfect and Omniscient, Muslims have a code that is neither timebound nor biased by human whims.21 The Islamic code of ethics is enforceable at all times because Its Creator and Monitor is closer to man than his jugular vein, and has perfect, eternal knowledge. To spell out Islam’s moral code, we will now compare alternate ethics systems to the Islamic ethical system. Alternate Ethics Systems Contemporary ethics differs from the Islamic ethical system in multiple ways. Six ethical systems now dominate ethical thinking in general. These are summarized in Table 1. END OF EXCERPT If you wish to read more about the Islamic System of Ethics with respect to business, please order a copy of the Islamic Business Ethics book at $6:00 (not including shipping charges) from: Amana Publications c/o Brother Adnan Mohtasib 10710 Tucker Street Beltsville, MD 20705-2223 Phone: (301) 595-5777 Fax: (301) 595-5888 21 Loc. cit.
  • 13. Islamic Business Ethics You may also contact the International Institute of Islamic Thought at: (702) 471-1133 (ask for Brother Muhyiddin)
  • 14. Islamic Business Ethics Index Charity, 12, 46 A Christianity, 8, 17 Climate Abu Bakr, 30 Ethical Organization, 36 Abu Jandal, 26 Code of ethics, 3, 8, 17, 18, 41, 49, 57, Accountability, 40 59, 61, 64 Adl, 23 Developing, 58 Aisha (raw), 7 Implementing, 59 Al gharar, 35 Codes of ethics Al-Awani, Taha Jaber, 16 Xerox, 3 Alcohol, 0, 28, 29, 33, 34, 69 Commodities, 35 Consumption, 33 Consumers, 43 Al-Ghazzali, 23, 27 Culture, 4, 62 Alms, 12 Al-mudaraba, 48 Al-Qaradawi, Yusuf, 11, 12, 28, 29, 30, D 33, 34, 35, 43, 44, 45, 47, 48, 59 Debt, 7, 31, 47 Alternate Ethics Systems, 8–18 Debtor, 46 Amanah, 17, 22 Discrimination, 21 Ammara. See Nafs Distributive Justice, 9, 13 Animals, 12, 34, 35, 51, 52 Drugs, 33, 34 Slaughtering, 51 Duty, 11, 25, 70 Aquinas, Thomas, 16 Axioms, 19, 26, 28, 36 E Employees, 0, 12, 13, 21, 24, 37, 38, B 39, 40, 41, 46, 57, 58, 59, 61 Balance. See Equilibrium Environment, 50–53 Begging, 30 Epicurianism, 8 Benevolence, 20, 27, 40 Equilibrium, 22–23 Bribes, 3, 36, 67 Equity, 2 Brokering, 42 Eternal Law, 9, 16, 18 Business environmentalism, 51 Ethical behavior Butchers, 51 factors, 1–7 Ethical code C Xerox, 3 Ethics Categorical imperative, 11 Advocate, 0, 1, 3, 8, 9, 10, 12, 13, Caveat emptor, 2 15, 16, 17, 18, 19, 21, 23, 24, 26,
  • 15. Islamic Business Ethics 27, 36, 37, 39, 41, 57, 59, 61, 64, Ihsan, 19, 40. See Benevolence 67, 69 Individual Factors, 4 Definition, 1 Infaq, 14 Guidelines, 66–67 Intention, 9, 11, 18, 47, 68 Investment, 48 F Islamic Ethical System, 7–36 Istikhlaf, 17 Falah, 0 Family, 6 Fard, 25, 28 J Fard 'ala al-'ain, 25 Justice, 1, 9, 13, 14, 15, 17, 18, 19, 23, Fard 'ala al-kifayah, 25 38, 39, 67 Fasting, 25, 28 Fatima, 16 K First Bank Minneapolis, 63 Kant, 11 Fitrah, 67 Khamr, 3, 33 Fraud, 0, 43, 66, 67 Khayr, 0 Freedom, 9, 12, 13, 18, 24, 25 Khuluq, 1 Friedman, Milton, 10 L G Landlord, 36 Gain, 36 Lawful behavior, 28 General Electric approach, 63 Lawwama. See Nafs Guidelines, 64 Legal interpretations, 1–3 Liberty, 9, 12, 13 H Locus of control, 5 Halal, 3, 12, 18, 28, 29, 30, 42, 45, 49, Lunatic, 4 59 Haram, 11, 28, 30, 33, 34 M Earnings, 33–36 Ma’ruf, 0 Hell, 15, 18, 65 Makhruh, 28 Hisba, 36, 39, 52 Merit, 14, 15, 22 Hoarding, 43 Monopolies, 49 Hudaybiya, 26 Moral code, 24, 39, 44 Humility, 66 Mosque, 21 Hypocrite, 26 Mubah, 28 Mukhabara, 35 I Murabaha, 48 Ibn Taymiya, 33, 36, 39, 44, 47 Musharaka, 48
  • 16. Islamic Business Ethics Mustahab, 28 Qutb, Syed, 13, 26 Mutmainna. See Nafs Mutual consultation, 66 R Relativism, 8, 9 N Responsibility, 25–27 Nafs, 4 Resurrection, 18, 34, 65 Needy. See Sadaqah and Qard Hassan Riba, 45, 46 Rights, 9, 12 O Oaths, 45 S Organization factors, 3 Sadaqah, 15, 49 Secrets, 3, 12, 41 P Share cropping, 35, 36 Sharikat, 48 Paradise, 27, 65 Shirk, 17, 26, 30 Pareto optimality, 10 Shura, 9 Partnerships, 47 Situational factors, 7 Peers, 6 Social audit, 62, 63 Perishables, 44 Social responsibility, 10, 26, 37, 50, Personality, 5 54–56, 54, 55, 57 Pollution Social responsiveness, 56 Free resources (air, water, etc.), 53 Spoiled products, 44 Ownership rights, 52 Stages of moral development, 4 River, 55 Stakeholders, 37–50 Pornography, 29 Stolen property, 45 Prayers, 18, 28, 39 Suppliers, 21, 41, 42 Privacy, 40 Surveys Profit, 3, 10, 27, 39, 48, 55, 56, 65 Ethics, 0 Profit maximization, 10 Property, 14 Prostitution, 34 T Puberty, 4 Tawheed, 19 Public, 14, 39, 42, 47, 52, 53, 55, 56, Tazkiyah, 17, 19 63 Theft, 0, 15 Punishment, 28, 34, 68, 69, 70 Truthfulness, 64 Q U Qard Hassan, 49 Umar, 11, 23, 27, 30, 33, 35, 44 Qarun, 17 Ummah, 18, 19, 22, 24, 69, 70
  • 17. Islamic Business Ethics Unity, 20–22 W Universalism, 9, 11 Wage, 12, 39 Uqud, 24 Welfare, 54 Usman, 30 Whistle blowing, 62 Utilitarianism, 9 Work Agriculture, 31 V Business, 30 Values, 5 Industry, 32 Vicegerent, 23, 50, 51 Professions, 32