Summary

Part I

Main presentation (Dr. Jamel Akbar)

Introduction: Context and Purpose

Traditional approaches to introducing non-Muslims to Islam typically emphasize theology, spirituality, and public morality. A potentially more resonant and effective approach would be to address issues of significant concern in the West, such as climate change and pollution, highlighting how Islamic principles can offer solutions to contemporary problems.

The Crisis of Modern Systems

Modern economic and political systems—most centrally capitalism and the nation-state—are worthy of critique for their inherent non-sustainability and their roles in exacerbating environmental degradation, social inequality, and human suffering. Capitalism thrives on three phenomena, all of which contribute to pollution and climate change: (1) cultivation of a barely employed worker class to exploit in relentless pursuit of profit through overproduction of low-quality products; (2) factory workers lacking a financial stake in factories, whereas owners live far away unconcerned by on-site pollution; (3) development of mega-cities distant from resource-rich sites, thus increasing transportation of goods, consumption, and, ultimately, pollution.

In contrast, an Islamic economic system would emphasize the minimization of exploitation and respect for the environment, countering the above issues by aiming at: (1) eliminating unemployment as a safeguard against exploitation; (2) incentivizing laborer stakeholdership in employment sites; (3) and the development of production sites—to which labor is attracted—close to resource-rich areas, reducing the need for mass transportation of goods and thus decreasing pollution. Islamic principles would ensure that wealth is more evenly distributed, preventing the concentration of resources in mega-cities and encouraging the development of smaller, self-sustaining local communities.

The Western Intellectual Impasse

The intellectual impasse in Western thought is reflected in how claims to the effect that the prevailing capitalist order is democratic, innovative, flexible, resilient to disturbances and shocks, and capable of self-correction are belied by the lived reality of poverty, pollution, climate change, habitat destruction, and financial crisis. Western theorists, even when critical, remain trapped within its conceptual frameworks of capitalism and the nation-state, incapable of envisioning alternative systems. This limits the potential for genuine solutions to global problems like climate change and economic inequality.

Islamic Economic Principles

The backbone of economy in Islam is three Qur’anic verses—[59: 7], [9: 60], and [8: 41]—all of which emphasize that wealth redistribution is to be directed toward individuals in need, such as orphans, the poor, and travelers, rather than being centralized in state-controlled institutions, such as the treasury or ministry of finance. This approach fosters a sense of responsibility and community, as individuals are encouraged to support each other directly rather than relying on government intervention.

The Role of Government

Prior to the inflation of government responsibilities through flawed ijtihād, these were restricted to military defense, adjudicating disputes between people, and a limited set of administrative tasks. If we wish to add responsibilities beyond these, it is upon us to prove that these additions would enhance society. Economic activities and resource management are largely left to individuals and communities.

The choice is not, as some might fear, between organization, bureaucracy, and hierarchy on the one hand, and the vacuum of anarchy and chaos on the other. Ḥuqūq (rights) fill the vacuum. Linking the aḥkām (rulings) of ḥuqūq diminishes the need for ijtihād. Government reduction will lead not to chaos but rather to a more balanced and just society, transcending inefficiencies and social inequalities typically effected by government intervention.

Qaṣṣ al-Ḥaqq

The key verse is [6: 57], which employs the metaphor of God ’scissoring’ ḥuqūq (rights) in several pieces, which are left to us to connect. Two examples:

– Connecting inheritance laws ([4: 7]) with pre-emption (ḥadīths on shufʿa) to lead to maximum quality and cross-generational benefits: inheritance laws divide wealth, whereas pre-emption laws connect it.

– Connecting seven ḥadīths to conclude that political authorities should be kept away from controlling the economy, whether in terms of issuing currency, controlling access to resources, or facilitating monopoly.

Ḥuqūq are three types of relationships: (1) Individuals with God; (2) Among individuals; (3) Individuals with the state—the maqṣūṣat al-ḥuqūq.

Historically, Muslim thought has overemphasized values (the first two relationships), and deemphasized maqṣūṣat al-ḥuqūq (which underpins the sustainability of the other two). Whereas values reflect wishes and desired outcomes, they are secondary to the active mechanisms of ḥuqūq, which spur people to act. Maqṣūṣat al-ḥuqūq make for a powerful Umma that retains ownership and decision making regarding its living arrangements, production, and loyalty.

Political Economy Redefined

Resource-gathering, manufacturing, and the provision of services require three essentials, all of which today may be bought with money: (1) resources, (2) permissions, and (3) knowledge. In Islam, these should be accessible to all: resources—including land—are public goods, available to whomever can extract, revive, and utilize them; no government approval is needed to establish any project, so long as no harm is caused; and knowledge is everyone’s property. Thus, ḥuqūq promotes widespread ownership and economic independence, undercutting barriers to ownership and equality posed by concentrating land and resources in the hands of the state or a small elite. This is further bolstered by the elimination of political borders and the promotion of free movement between regions.

Q&A and Discussion Main points

Availability of Dr. Jamel Akbar’s works

The lecture is only a very brief introduction to Dr. Akbar’s three-volume work and it hardly delves into any details provided in the book. Relevant to Ummatics: the Umma cannot be formed simply through advice and exhortation. Rather, when people know their rights, they will jump to take them. Without this, the Umma will remain passive.

Land ownership, housing crises, and NIMBYism

How can universalizing land ownership through revivification policies become a reality today in the face of the present realities of housing crises and NIMBYism? Such problems arise out of the capitalist concentration of wealth and resources in cities and the nation-state’s restriction of movement, which leads to overcrowding, high property prices, and social inequality. In the absence of such restrictions, people would organically relocate to land they can freely work and thus claim, reducing the pressure on urban centers and allowing for more sustainable development.

The nation-state and fiat currencies

Even if the Scandinavian ideal of contemporary governance were successfully adopted in the Muslim world, our fate would be pollution and climate change. The only way to ensure a sustainable future for all, with sustained population growth and enhanced quality of living, is through the adoption of maqṣūṣat al-ḥuqūq. Likewise, with state-controlled fiat currency, the moment that currency moves beyond its sole function of exchange, it becomes a tool for manipulation and the perpetuation of inequality.

Ownership, dignity, and ʿubūdiyya

Sharia is concerned with cultivating a dignified individual who has a job, a house, and land, who is thus free to devote themselves to God. In contrast, disempowered Muslims today find themselves at the mercy of governments, bureaucrats, and businesses that deny them their rights to secure their devotion at the expense of devotion to God. We are thus slaves to them rather than to God.

Part II

Main presentation (Dr. Jamel Akbar)

Introduction and Recap

Key points

3. ​Commentators draw comparisons between Qaṣ al-Ḥaq and neoliberalism. However, whereas neoliberalism centers economy, leading to debates over the role of government, creating a vacuum, Qaṣ al-Ḥaq fills that vacuum with its centerpiece: ḥuqūq.

Key arguments

5. ​The apparent choice between societal organization (based on political hierarchy and leading to bureaucracy) and the vacuum of societal anarchy (in which societies are freely constituted without authority) is false. In Islam, ḥuqūq fill the vacuum.

“Islamic pork soup”: a critique of Islamic Finance

Though the soup may include permissible elements, such as oil and onions, slaughtering the pig “according to Sharīʿa” will not make pork ḥalāl, and its addition to the broth will render the entire soup prohibited. Likewise, while “Islamic finance” may include individual Islamic elements, the entire endeavor is fundamentally invalid as it is merely conventional capitalism “injected with Islamic values”. It stands on three pillars: i) values—stipulations that are difficult to prove or control; ii) bans on usury, sale of drugs and alcohol, prostitution, etc.—stipulations that are possible to control; and iii) financing through participation—controlling parties who are unproductive bureaucrats, not productive owners.

A genuinely Islamic finance would eliminate bureaucracy and hierarchy, focusing instead on direct, trust-based relationships. Banks hinder economic prosperity by creating barriers to resource acquisition, knowledge transmission, and gaining permissions. Whereas capitalism encourages wealth accumulation, Islam encourages spending and partnerships that result in efficient production and equitable distribution.

Loyalty, Production, and Territory

In the nation-state, there is a perfect overlap between structures of loyalty (state), production (national economy), and territory (state territorial boundary). In Islam, an ordered Umma requires the formation of empowered structures and substructures of loyalty, which may be composed of individuals from different territorial structures. Within individual loyalty substructures, there may exist several territorial and/or production structures.

Process vs Product

Looking nostalgically upon products of the Islamic past (e.g. architecture) often leads us to neglect the processes that led to these products; thus we superficially emulate the past while remaining in harmony with capitalism, monopoly, exploitation, and ever-increasing consumption.

Discussion

Theory and Practice

Bridging the gap between theory and practice is to raise awareness: if people know their rights they will take them. People intuitively organize for self-defense, as during the US invasion of Iraq or the Arab Spring. Similarly, those endangering their lives to migrate to Europe might instead “smuggle” goods if they knew that that was their right and not illegal. Once people are aware of their rights, decentralized assertion of ḥuqūq (fishing, building wells, land revivification, all without permit) will gradually change both societies and government responses, eventually resulting in Khilāfa.

Direct opposition vs awareness-raising

Direct confrontation is a mistake, because the state is armed and people are not, but if people are made aware of their rights and assert them through action that will be viewed as subversive, after a certain threshold, the state, unable to respond, will capitulate.

Q&A

Limited Liability Companies and Economic Development

Authors like Timur Kuran allege that Islamic economies fell behind due to Muslims’ failure to develop the limited liability company. In reality, implementing ḥuqūq and their attendant forms of partnership would result in a superior outcome, eliminating bureaucratic bloat essential to capitalist models. This is not to claim that the Islamic system is a utopia—problems might arise, but they will be minor by comparison

Is Righteousness a Precondition?

Some mistakenly assume Qaṣ al-Ḥaq requires righteousness—which cannot be guaranteed—as a precondition. Just as ḥudūd do not presume righteousness in the domain of penal law, Qaṣ al-Ḥaq does not presume righteousness in the economic domain. Rather, it guarantees access to things necessary for livelihood in accord with basic human tendencies. Scarcity, monopoly, and exploitation—ingredients for unrighteous behavior—are curtailed when governments do not control resources. Once this new reality of resources, permissions, and knowledge is normalized, people will incline towards flourishing and away from exploitation. After establishing this baseline, Muslims will benefit from a further layer of righteous values that enhance society.

Economic Diversification in the Gulf

Economic diversification in the Gulf, away from oil dependency and especially towards tourism, depends on restriction of movement and perpetuates pollution. Oil economies and subsequent diversification both arise from a lack of implementation of Islam. If locals controlled their economic affairs, while they might build infrastructure to attract tourism, they would do so in ways that prevent pollution and promote sustainability. Islam is not a panacea. If a crisis arises from not implementing Islam, its implementation will not resolve the issue overnight.

Public Amenities

The state is minimally understood to provide: (1) external and internal security; (2) public amenities and infrastructure. In most cases, the state contracts private companies to construct the latter. In Islam, non-monopolistic companies, controlled by the people, would arise to meet their needs efficiently, locally, and in a decentralized fashion. The worst monopolistic practices we fear today when we think about privatization result from restrictions on resources (nationalization), permissions (licenses), and knowledge (patents). Cities will not arise except in resource-rich locations that can support livelihoods. Once areas are saturated, people will seek opportunities elsewhere through funding allocated for the ibn al-sabīl.

The Nordic Model

The Nordic model had long been touted as a success, known for high taxation, a strong welfare state, and the extension of company shares to employees. Though including employees as shareholders is good for the company, wider society does not similarly benefit. Companies keep polluting; knowledge is restricted through patents; access to resources is controlled by the state. Fundamentally redefining these limits would fundamentally transform the concerns of management, planning, and other professions.

Loyalty and Belonging

It is assumed that, historically, belonging and loyalty relied on tribalism and nationalism. However, even in the presence of such sentiments, they did not entail land ownership—al-Shafiʿīestablished that ownership is dependent on revivification, not tribal claims to land or resources. Loyalty bonds—in which rights were transmitted from the narrowest circle of belonging to the next level all the way to the Prophet ﷺ or the caliph—often did involve tribal affiliation. However, this was not the only site of loyalty and belonging. For example, though some streets and town districts were attributed to inhabitants from particular tribes or national origins, others were attributed to particular professions or madhhabs, each of which also reflect valid sites of loyalty and belonging.