The Securities Commission Malaysia (SC) has recently issued a list of Shariah-compliant stocks for investors and stock traders in Malaysia, particularly Muslims who wish to make a profit, while at the same time preserving their religion and not engaging in Shariah non-compliant investment activities. Among the Shariah-compliant stocks in the May 2021 edition, there are companies that carry out the production and sale of condoms, the products used in family planning. Here we will explain the reasons why stocks of companies that run condom businesses are categorized as Shariah-compliant stocks.
The fundamentals of this issue are we always stick to Qaidah Fiqhiyyah or Legal Maxim, which is one of the largest and most prioritized methodologies to perform Ijtihad or any immediate ruling, if there is no specified ruling that can be istinbat or taken directly from al-Qur'an, as-Sunnah, Ijma' and Qiyas.
Three Legal Maxims
We found that there are three Qaidah Fiqhiyyah or legal maxims, that can be applied to be the basis of construction and the establishment of the permissibility in Islamic rulings to buy stocks or invest in companies that run in the condom business. The three Qaidah Fiqhiyyah are as follows:
- Al-Istishab Bi Hukmi Mubah, which reverts to the original rulings that are permissible or permitted.
- Al-Aslu Al-Ibahah, the ruling of each matter is permissible and permitted until the existence of qarinah or external evidence that changes the ruling to haram or makruh.
- Al-Umur Bi Maqasidiha, rephrase into Istikhdam Asy-Syai Bi Maqasidiha which the rule of using a tool is related to the original purpose of its production.
The Main Goal
As can be seen, the origin of condoms is to be used in sexual intercourse. The purpose of condoms used in sexual intercourse is to prevent the fertilization of the ovum and sperm. It can be seen from that point that there is a positive and a negative side to condom use in society. The use of condoms is one of the methods in family planning. Married couples can enjoy having sexual intercourse while reducing the risk of getting pregnant. Each couple has their own family development plan.
On the other side, the use of condoms among people who commit immoral things such as adulterers, free sex, or random sex practitioners is intended to avoid evidence of sexual intercourse, that is, pregnancy, in turn preventing the birth of an illegitimate child. It is akin to indirectly encouraging more adultery.
Generally, the use of condoms is to avoid the risk of pregnancy because of sexual intercourse, regardless of whether the sexual intercourse is conducted by a legally married couple or not.
Maslahah Usrah Wal 'Ammah
We are well aware of the cost of living in Malaysia, especially in the Klang Valley, which is quite high. The cost of living for a single person is already high, especially when you are married, so it is certainly even higher when you have a family and have children. It is becoming more burdensome for the middle and lower income groups. Apart from the high cost of living factor, proper family planning will also help the well-being and health of the whole family member. For example, couples who have children that have a close age gap may be at risk of not properly meeting each child's needs for some reason. Thus, many married couples agreed to practice family planning. Among the methods of family planning is to use condoms when having sexual intercourse.
Maslahah here refers to maslahah usrah, which is a long-term benefit to the couple and family. This will lead to maslahah 'ammah, which is a long-term benefit to the ummah in general.
Sadd Zari'ah
Condoms are used by adulterers, free sex, or random sex practitioners to prevent pregnancy from illegitimate sex, thereby preventing the birth of an illegitimate child. In reality, it is almost impossible for us in general, and the authorities specifically, to manifest or eliminate absolute, adulterous, adultery, free sex, and random sex activity in Muslim society in Malaysia. Thus, the use of condoms by these groups in this activity reduces the risk of pregnancy from illegitimate sex, thereby reducing the birth rate of illegitimate children in Malaysia, which brings more severe effects, especially to the child itself.
Al-Muwazanat Bainal Maslahah Wal Mafsadah
Next, we consider the arbitrate between the pros and cons of condom use in the Muslim community in Malaysia. We can see that the percentage of Muslims who are married according to Syarak and subsequent laws is large, thus the percentage of Muslims having halal sexual intercourse is greater than the percentage of Muslims who commit adultery and practice free sex or promiscuity. These findings conclude that condoms provide a greater maslahah than mafsadah to the Muslim community in Malaysia.
Conclusion
Hence, we conclude the business that is in line with condom manufacturing is a Shariah-compliant business based on waqi' in Malaysia. However, the Shariah-compliant status of a company can still change when a quantitative assessment is carried out on the company's Annual Financial Report.