A Translation of Justice Mufṭī Ṭaqī Uthmānī’s Prolegomena to Kiṭāb al-Buyū^¸ in Ṭakmilah Faṭḥ al-Mulhim

Majority of the authors in the [field of] fiqh and ḥadīth will normally mention business after marriage and divorce. The reason for this is that they would start with acts that are purely forms of worship, so they would mention ṣalāh, ẓakāh, and ḥajj, then move on to those acts which are a mixture of worship and social dealings (e.g. marriage). Thereafter they would mention those laws connected to it such as divorce or li^ᶜān, and similar acts like manumission. Afterwards they would mention acts that are purely social, and [of those] they would start with business since it is the most prevalent social dealing and the one with the greatest benefit.

Now, in the chapter of business we move to a massive topic (i.e. the chapter of social dealings) amongst the various topics of the religion. Before we delve into [this topic] it is necessary that we succinctly explain some of the economic principles laid out by the shari^ᶜah that are the foundation of [the Economic Teachings of Islām], because negligence in this regard sometimes leads to enormous conceptual errors, especially in our time which has made livelihood and economics its biggest worry, the extent of its knowledge, and the end of all its aspirations. [Things have reached to such a level] that the issue of economics has become a violent debate and field of battle between the contemporary theories of capitalism and socialism.
1-The Topic of Economics in Islām:
Before delving into the problem of livelihood and economics it is essential to note a subtle point that distinguishes [the Economic Teachings of Islām] from other forms of economic theory. Even though Islām opposes monasticism’s abandonment of worldly associations and dislike for involvement in seeking a living, and considers humanities activities in the economic domain to be permissible, and even laudable or incumbent at times, it does not view economics as the primary problem of humanity, just as it does not consider economic advancement to be the purpose of human existence.

From here the massive difference between [the Economic Teachings of Islām] and materialistic economics will become clear. Materialistic economics considers livelihood to be the main objective of humanity, and believes affluence and luxury to be the goal and basic aim pursued by all of humanity’s activities in this world, there being no objective for [a human being] beyond providing a luxurious life for oneself or others.

Conversely, [the Economic Teachings of Islām], on the one hand, acknowledge that seeking and earning a living are things that a human being is dependent on but, on the other hand, it does not give free rein by making livelihood the greatest worry, extent of knowledge, or acme of ones aspirations. This is why we see that the Noble Qurān criticizes monasticism, orders [humanity] to seek the bounty of Allāh and designates trade as ‘seeking Allāh’s bounty’; wealth as ‘goodness’; food as ‘the pure things of sustenance’; clothing as ‘the adornment of Allāh’; and [one’s] dwelling as ‘abode’. Nonetheless, it also designates this worldly life as ‘chattels of deception’ and in many verses criticizes the world.
This is not a contradiction nor an inconsistency. The secret behind this is that the Qurān views the means of livelihood as a conveyance which the human being utilizes to traverse their path and reach to their destination that they are aspiring to. [That destination being] those excellent characteristics that facilitate [acquiring] the pleasure of Allāh and eternal bliss in the Hereafter.
Without a doubt, the real problem for humanity and their ultimate aspiration is being freed up [so that they can] achieve that prosperity. In view of the fact that one cannot succeed without passing down the difficult paths of the world, it is essential to acquire everything one needs [to live in this world].
As long as the means of livelihood occupy the place of a bridge that is used to move to one’s true lodging it will be synonymous with ‘the bounty of Allāh’, ‘goodness’, ‘the adornment of Allāh’, and ‘abode’. However, when the human being loses their path, becomes captivated by the adornment of this life, falls prey to dreams and illusions, takes the means as an end, and forgets their ultimate goal then these means become ‘chattels of deception’, a ‘temptation’, and ’enemy’ like the Qurān mentioned.

Allāh, Pure is He, has clearly mentioned this in His statement: “And seek the abode of the Hereafter with that which Allāh has given you, and do not forget your portion of the world.”¹

2-The Reality of Wealth and Ownership
The second basic matter that carries grave importance in [the Economic Teachings of Islām] is that wealth, whatever form it may take, is solely a creation of Allah and belongs to Him. That which the human being possesses is a gift from Allāh, who, Pure is He, states: “And give them from Allāh’s wealth which He has bestowed on you all.”²
The Noble Qurān has indicated the underlying logic in another place. Namely, in the production of anything, the human being is not capable of doing more than exerting their efforts to remove obstacles. The result of their efforts and the creation of effects is only possible by Allāh’s command, since the only thing within the capacity of a human being is the scattering of seeds, and the removal of rocks and other obstructions. Causing the seed to grow and transforming it from a sapling to a tree is only possible by the power of Allāh, Pure is He.

Allāh, Pure and Exalted is He, says: “Have you not looked at that which you cultivate? Are you the one who causes it to grow, or are We the one who causes it to grow?”³, and, “Didn’t they see that We created for them, with Our hands, cattle; then they became its owners.”⁴

These verses cast light upon the foundational issue concerning the reality of wealth and its possession, which is that wealth, no matter its form, is only possessed by Allāh, Pure and exalted is He, and He is the one who provides the human being with it. In view of the fact that wealth is the [sole] property of Allāh, humanity is only granted possession by specific modes which the Islāmic Shari’ah has instituted, and keeping in mind that Allāh, Pure is He, is the One who grants human beings the right of utilizing it, it is essential that humanity should submit to the laws of Allāh concerning its usage.
Consequently, even though humans have ownership of things and utilize them, they do not possess absolute freedom in its disposal and usage rather they must submit to Allāh’s ruling and order, stopping by His boundaries and following His regulations. Thus, they mustn’t spend except on those things Allāh has commanded [to be spent on] and should refrain from that which He has prohibited.
Allāh, Pure is He, has clarified this with His statement: “And seek the abode of the Hereafter with that which Allāh has given you, and do not forget your portion of the world; be kind just as Allāh has been kind to you, and do not seek corruption in the earth.”⁵

This verse explains the philosophy of ownership in Islām, and the following laws can be summarized from it:

1) All of the wealth which is with a human being is only a gift from Allāh.
2) It is essential that a human being should not forget their objective (i.e. the Hereafter) while utilizing [their wealth].
3) Bearing in mind the fact that wealth is something which Allāh grants, it should be utilized in accordance with the commands of Allāh which fall into two categories:
I: Allāh has commanded them to give their wealth to others. It is wājib to comply with this command because Allāh magnanimously granted them ownership of His wealth so He has a right to order [human’s] to be kind to others.
II: He has prohibited them from [unlimited] disposal of that wealth. That is, He has not given them permission to utilize wealth in certain ways due to it being a means of  corrupting the social setting or the earth.
These are the distinctive features of ownership in Islām that distinguish it from capitalism and socialism.
It is well known that the basis of capitalism is founded on materialism for all practical intents and purposes. It believes that human beings are autocrats with their money and wealth, having no other power sharing in [its] disposal and utilization, and that they have every right to do whatever they wish with it. The Noble Qurān has criticized this mentality when it makes reference to the [statement of] Shuᶜaib’s [Peace be upon him] people to him: “Does your prayer tell you that we should abandon that which our forefathers worshiped or that we shouldn’t dispose of our wealth as we wish.”⁶
Since they believed that the wealth was truly their property without there existing One who provided it for them, they used the statement ‘our wealth’; and by their declaration ‘we dispose of our wealth as we wish’ they claimed absolute disposal and dominion, which is the definitive consequence of this mentality.
This notion which the people of our master, Shuᶜaib (Peace be upon him), displayed is, in reality, the fundamental spirit of capitalism. The Qurān has demolished this capitalist notion by substituting the mentality which attributes wealth to the human being for the mentality proclaiming that wealth belongs to Allāh, which is why it followed up with His statement: “…which He gave you all,”⁷ thus, [also] striking at the very roots of socialism which rejects individual ownership and does not acknowledge it at all.

To make things easy for us, we will now distinguish Islām from capitalism and socialism, and specify the distinctions of each of the three:

Capitalism makes individual ownership free of every restriction and boundary.
Socialism rejects individual ownership (concerning the means of production at the very least) and does not affirm it at all.
Islām acknowledges individual ownership but does not turn it loose, unrestrained by restrictions and boundaries, nor does it slacken its reins so that it becomes a source of corruption in the land.
A Basic Comparison between the Modern System of Economics and Islām:
After introducing these two positions we need to clarify the essential difference between Islām and modern economic theories, and explain the basic principles of this system [i.e. modern economics], as well as the extent of its errors according to Islām.
Bear in mind that the basic issues which every economic system must solve, which economists [express by the] terms ‘preference’, ‘resource exploitation’, ‘distribution of wealth’, and ‘economic prosperity’.
By preference is meant the sequencing of desired products commensurate with the necessities of human society and the degree of their need [for that particular product]. Every country possesses lands for agriculture that is suitable for various types of crops, and a certain amount of natural resources which can be exploited [to provide] a variety of products.
Thus, each country must favor certain products over others in accordance with its own necessities and needs for a particular product so that it uses its land and factories [to acquire] the requisite crops and products. For example, one country may be capable of producing wheat and rice, as well as coffee and tobacco, so it has to consider the sequencing of these things, giving preference to some over others in accordance with its needs [in a way] that will bring the greatest benefit to society.
By resource exploitation they intend the division of resources to produce desired items in suitable amounts. When a country wants luxuries it must utilize these resources in a manner conducive to the dictates of its preferences, and distribute its resources [so that] it will produce various products in a manner that will be the most beneficial and will accrue the greatest profit for society.

Therefore they must specify how much land is suitable for use to produce wheat. How much is fit to be used for cultivating rice. How much for sugar cane. How many factories are necessary to support the manufacture of clothing? How many for the production of sugar, and how many for [various] utensils, etc. It is necessary that this should be in accordance with societal needs and those preferences which they have decided on so that they do not waste resources producing things that are not needed.

By distribution of wealth they mean that after exploiting natural resources, when we acquire [a certain] amount of material riches how should we divide those riches among the citizens, and what is the yardstick for distribution amongst them.
As for economic prosperity, what is meant is that every society needs its production to be devoid of limits, rather it must continue increasing until it is able to invent new items and advantageous methodologies in every field of industry.  Hence, it is essential that a self sustaining system exist in every country that will incite progress and encourage innovation.
These are the four components of every economic system. Modern theories differ concerning the methodology of solving these problems. Presently, we will speak about these four issues with respect to [specific] economic systems.