Definition and Background
Khiyānah (خيانة): In Islamic terminology, Khiyānah refers to “breach of trust” or betrayal. It involves the dishonest or unauthorized taking of something entrusted to a person. Unlike theft, which involves taking property rightfully belonging to someone else without their knowledge or permission, breach of trust concerns betrayal by a person who had been given that property on a trust basis.
Etymology
The term “Khiyānah” is derived from the Arabic root “K-H-Y”, which signifies deceit or betrayal. The word itself captures the essence of a trust being broken by an act of betrayal.
Legal Background
In the context of Islamic law, khiyānah is considered a sin and an unethical behavior. However, its legal consequences are distinct from those for theft. According to the Ḥanbali, Māliki, and Shafi’i schools of Islamic jurisprudence, the punishment for khiyānah is not the amputation of the hand, as is the case for theft under certain circumstances.
In the Hanafi school, mentioned in Hamilton’s Hidāyah (vol. ii. pp. 93-102), breach of trust carries a less severe punishment compared to ordinary theft. The discretion of the judge plays a crucial role in determining the appropriate punishment, which can vary from reprimanding and restitution to more serious penalties like imprisonment.
Cultural Differences and Similarities
The concept of breach of trust exists in various forms across different cultures and legal systems:
- Western Legal Systems: Known as “embezzlement,” breach of trust is handled under civil and criminal law, often involving penalties like fines and imprisonment.
- East Asian Cultures: Strong cultural emphasis on trust and honor means betrayal can lead to social ostracization in addition to legal consequences.
Synonyms and Antonyms
Synonyms
- Embezzlement: The act of withholding assets for the purpose of conversion (theft) of such assets by one or more individuals in whom these assets were entrusted.
- Fraud: Wrongful or criminal deception intended to result in financial or personal gain.
- Debasement: Engaging in corruption or unethical behavior for personal gain or advantage.
Antonyms
- Fidelity: Faithfulness to a person, cause, or belief, demonstrated by continuing loyalty and support.
- Integrity: The quality of being honest and having strong moral principles; moral uprightness.
- Trustworthiness: The ability to be relied on as honest and truthful.
Related Terms
- Amanah (أمانة): Trust or reliability. It forms the conceptual opposite of khiyānah, emphasizing the importance of trust.
- Ghash (غش): Deception or cheating, often associated with dishonesty.
Exciting Facts
- The Qur’an considers amanah (trust) an essential moral virtue, linked to keeping one’s promises (Surah Al-Mu’minun 23:8).
- Islamic businesses often operate under the principle of amanah, highlighting trust as a core operating value.
Quotations
- Notable Writer From the Islamic Tradition: “By the trust that God has given you, be not false to those who hold you in trust, nor betray the one who relies on you.” — Prophet Muhammad (peace be upon him)
- Contemporary Writer: “In the essence of every relationship lies a fundamental trust, shattered only by deception or betrayal, yet repairable through sincerest apology and restitution.” — Omar Al-Saleh
Suggested Literature and Sources
-
Books:
- “The Principles of Islamic Jurisprudence” by Muhammad Hashim Kamali.
- “Hidāyah: Commentary on Islamic Law” translated by Charles Hamilton.
- “Trust and Betrayal in the Workplace” by Dennis S. Reina and Michelle L. Reina.
-
Articles:
- “Concepts of Justice and Responsibility in Islamic and Western Traditions” by Mohamed Haseeb.
-
Online Resources:
- Online libraries with Islamic Jurisprudence texts.
- Academic journals focusing on ethics in Islamic settings, like the Journal of Islamic Law and Society.
Remember, trust is the foundation of all human relationships, and its betrayal may shake societies, but the pursuit of justice and truth can heal the deepest wounds.
- Omar Al-Saleh, 2023-10-03
