Ethics & Fiqh for Everyday Life

ETHICS AND FIQH FOR EVERYDAY LIFE: AN ISLAMIC PERSPECTIVE

ETHICS AND FIQH FOR EVERYDAY LIFE: AN ISLAMIC PERSPECTIVE

Munawar Haque Naamane Djeghim Fatmir Mehdi Shehu Kabuye Uthman Sulaiman

IIUM Press

Published by: IIUM Press International Isla mic University Malaysia

First edition, 2010 ©IIUM Press, IIUM

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any for m or by any mea ns, electronic, mechanical, photocopying, recording, or otherwise, without any prior written per mission of the publisher.

Perpustakaan Negara Malaysia Cataloguing-in-P ublication Data Ethics and Fiqh for Everyday Life: An Isla mic Perspective / Munawar Haque … [et al.]. Includes index Bibliography: pp. 225-236 ISBN 978-967-5272-52-3 1. Islamic Ethics. 2. Muslims--Conduct of Life. 3. Islam-Fiqh. 4. Islam--Ethics and Profession. 5. Islam-Contemporary Issues. I. Munawar Haque. 297.5 ISBN: 978-967-5272-52-3 Member of Majlis Penerbitan Ilmiah Malaysia – MAPIM (Malaysian Scholarly Publishing Council)

CONTENTS Transliteration……….……………………………… Introduction…….……………………………………

iii v

CHAPTER ONE Evolution of Islamic Ethics………….………………

1-14

CHAPTER TWO Evolution of Fiqh……………………………………

15-22

CHAPTER THREE Al-AmÉnah (Trust)……...…………………………..

23-32

CHAPTER FOUR Al-ÑAdl (Justice)……………………………....……..

33-42

CHAPTER FIVE Al-Birr (Virtue)………...…………………………....

43-48

CHAPTER SIX Al-’Amr bi al-MaÑrËf wa al-Nahy Ñan al-Munkar (Enjoining Virtues and Forbidding Evil)……………

49-66

CHAPTER SEVEN Family Ethics in Islam……………..………………..

65-96

CHAPTER EIGHT Ethics and Profession…………………..……………

97-122

Ethics and Fiqh for Everyday Life: An Islamic Perspective

CHAPTER NINE Inter-Personal Relations………………….………….

123-132

CHAPTER TEN Islam and the Environment….………………………

133-156

CHAPTER ELEVEN RibÉ and Islamic Financing: Some Issues and Implications………………………………………….

157-186

CHAPTER TWELVE Contemporary Biomedical Issues: An Islamic Perspective…………………………………………..

187-222

CONCLUSION……..………………………………

223-224

BIBLIOGRAPHY………………………………….

225-236

INDEX………………………………………….......

237-241

ii

TRANSLITERATION Consonants ‫ء‬ ‫ب‬ ‫ت‬ ‫ث‬ ‫ج‬ ‫ح‬ ‫خ‬ ‫د‬ ‫ذ‬ ‫ر‬ ‫ز‬ ‫س‬ ‫ش‬ ‫ص‬

’ b t th j Í kh d dh r z s sh Î

Ì Ï Ð Ñ f q k l m n w h y

‫ض‬ ‫ط‬ ‫ظ‬ ‫ع‬ ‫ف‬ ‫ق‬ ‫ك‬ ‫ل‬ ‫م‬ ‫ن‬ ‫و‬  ‫ي‬

Vowels Short Vowels FatÍa Kasra Damma

‫ـَـ‬ ‫ـِـ‬ ‫ـُـ‬

Long Vowels a i u

Long fatÍa Long kasra Long Ìamma

iii

‫ا‬ ْ‫ي‬ ْ‫و‬

+ ‫ ـَـ‬É + ‫ ـِـ‬Ê + ‫ ـُـ‬Ë

Ethics and Fiqh for Everyday Life: An Islamic Perspective

iv

INTRODUCTION All praise is due to Allah, the Cherisher and Sustainer of the worlds and all that exists. May the peace and blessings of Allah be upon Muhammad, the seal of all the Prophets, his family, companions and all those who follow him till the Day of Judgment. This book is an outcome of efforts made to consolidate the main topics covered in the International Islamic University Malaysia (IIUM) ‘University Required Course’ entitled ‘Ethics and Fiqh for Everyday Life’. Ethics generally refers to a science concerning the question of right and wrong in the matters pertaining to human conduct, a normative science dealing with “how things ought to be.”1 The Islamic term corresponding to this concept, though different in scope and nature, is Ñilm al-akhlÉq (science of virtue). AkhlÉq, the plural of khuluq (innate disposition) refers to a collection of distinct traits of character.2 People use ethics as a guide for their own behavior and for evaluating the actions of others. Islamic moral codes stress the relationship between human beings and God. Muslims believe that moral standards come from God and that they are, therefore, timeless and universal and should govern a person's conduct in all areas of his or her life.3 The ultimate judgment of good and bad is, in fact, what differentiates Islamic ethics from Western ethics. Thus, it appears that unless one is able to define good and bad satisfactorily, one cannot define ethics. There is confusion that 1 2

3

William Lillie, An Introduction to Ethics, (London: Methuen & Co Ltd., 3rd ed. 1971), p. 1. Sheila McDonough, Muslim Ethics and Modernity – A Comparative Study of the Ethical Thought of Sayyid AÍmed Khan and MawlÉnÉ MawdËdÊ, (Waterloo, Canada: Wilfred Laurier University Press, 1984), p.5. John L. Esposito (ed.), The Islamic World: Past and Present, (New York: Oxford University Press, 2004), vol. 1, p. 147.

v

Ethics and Fiqh for Everyday Life: An Islamic Perspective

exists in Western ethical systems concerning what constitutes good and bad because of the different values attached to these terms. Whenever one speaks of good and bad, one attributes values to it. There are, of course, different kinds of values. We attribute value to anything we call “good” in any sense. Conversely, we may be said to attribute a negative value to it if we call it bad in any sense. The term fiqh was used in the early days in a comprehensive way to include the tenets of Islam, its ethics, Islamic law, and the questions relating to the spiritual aspects of things for which the term taÎawwuf subsequently came into use. In its technical sense, however, it is restricted to Islamic law alone and is defined as al-Ñilm bi al-aÍkÉm al-sharÑiyyah alÑamalÊyyah al-muktasabah min adillatihÉ al-tafÎÊlÊyyah “the knowledge of the SharÑÊ aÍkÉm (legal rules), pertaining to conduct, that have been derived from their specific evidences.”4 This book provides students with a reading material about the most important morals needed in the daily life and for various professions. It is also useful for those who are generally interested in Islamic ethics and morality. The book aims to provide a value-based education to those who are primarily exposed to the value-free, modern secular education. The need for good background knowledge on Islam can hardly be overemphasized. This is unavoidable, especially if one is living in a society where people frequently ask questions about Islam. In all fairness, the Muslim youth should be in the forefront in meeting the basic religious obligations given to us by our Creator. This is a pressing need one must meet in today’s grossly materialistic society. One of the major hurdles in convincing people about the efficacy of the Islamic ethical system is the tarnished image of Islam created by some vested interests in the international media. Research done in mass media presentations of the Middle East, Arabs, and Muslims by notable scholars has demonstrated a consistent tendency among Americans to 4

Imran Ahsan Khan Nyazee, Theories of Islamic Law, (Delhi, 1996), pp. 2425.

vi

Introduction

portray the peoples of the region as primitive and aggressive.5 A change in this situation will follow only when people are willing to go beyond stereotypes and media propaganda and distortions. We have to educate our youth about the ethical issues and their meaning, and how best to analyze, understand and resolve them from an Islamic perspective. The ultimate objective for Muslims is to seek the pleasure of Allah in everything—from the smallest to the greatest deed—at all times. There is no other better and gratifying objective than this one. Why should anyone bother being ethical and moral in a world, which is largely modern and secular? Being ethical or moral might even be considered conservative, embarrassing, or politically incorrect in the modern societies we live in. Can the study of ethics really make anyone a moral and virtuous person? Is it a viable goal to strive for? The answer to both of these questions is yes. Does the study of ethics in itself have the power or ability to change people into a moral or virtuous person? The answer is no. It is like a physician who can diagnose and advise patients. After this, it is up to the patients to accept or reject the advice. Acceptance or rejection of the doctor’s advice and acting upon it or not acting upon it has its beneficial or detrimental consequences respectively. The same is true of studying ethics. It provides discerning knowledge to distinguish between good and bad, to see evil and virtue in their true perspective and realize their consequences. The first chapter reviews the evolution of Islamic ethics. It begins with the ethics of the pre-Islamic Arabs and then describes the ethics espoused in the Qur’Én, ×adÊth (Prophetic Tradition) and taÎawwuf (Sufism). This is followed by a discussion on the classical Islamic discourse on ethics emerging from the three intellectual disciplines—falsafah (philosophy), kalÉm (dialectical theology), and fiqh (Islamic jurisprudence). It also attempts to provide an overview of the unfolding of

5

Lawrence Davidson, Islamic Fundamentalism (London: Greenwood Press, 1998), p. 64.

vii

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Islamic ethics in order to appreciate the sources that have shaped the ethics of Islamic moralists up to today. The second chapter reviews the evolution of fiqh (Islamic jurisprudence) over time. It examines the term fiqh from various aspects to show how this word or its derivation has been used in the Qur’Én and the Sunnah (way of life of the Prophet). The meanings of fiqh and SharÊÑah (Divine Law) and the subtle distinction between the two are discussed. The chapter talks about the stages of development of fiqh, the first attempts to compile fiqh, the period of the great ImÉms, the types of compilation of fiqh, the beginning of rigidity of the madhÉhib (schools of thought), the compilation of aÍÉdÊth (Prophetic Traditions), the organization of fiqh into uÎËl (fundamental principles) and furËÑ (secondary principles), the sources of Islamic law, the compilation of fiqh, the concept of taqlÊd (the blind following of a madhhab), the reformers who encouraged ijtihÉd (interpretative judgment), and finally; the efforts that were made toward codification of Islamic law. The chapter concludes with a note that re-establishing Islam as the supreme guide in the daily lives of Muslims is achievable only by a revival of a dynamic fiqh. Chapters three through six discuss and explain respectively some basics of Islamic ethical concepts such as: (i) al-amÉnah (trust), its significance and various aspects; (ii) al-Ñadl (justice), its meaning and forms, causes of injustice, and what is needed to observe justice; (iii) al-birr (virtue/righteousness), its meaning and manifestations; and (iv) al-’amr bi al-maÑrËf wa al-nahy ‘an al-munkar (enjoining virtues and forbidding evil), its significance, role in preserving the moral fiber of the society, and role in social reformation. Chapters seven through nine feature an elaboration on family ethics in Islam, the relationship between ethics and profession, and the ethics governing inter-personal relations. The topics on family ethics and inter-personal relations include social interaction with the other gender, Islamic code of dress, selection of spouses, mutual rights and duties of husband and wife, and the rights and duties of children and parents. The subject matter of ethics and profession touches upon the basic viii

Introduction

morals required in professional life with an emphasis on legal and business ethics. This is followed by a discussion on Islam and the environment in chapter ten. The environment, being a part of God’s creation, must have a purpose. Although it is subjected to man’s manipulations for his sustenance on this earth, man is commanded to use it wisely and to avoid creating mischiefs on the earth. Chapter eleven explains ribÉ, Islamic financing and some of the issues and implications thereof. This, it is hoped, will give some idea to the reader as to how the Muslim world attempts to supplant the interest-based economy with an Islamic non-interest based economy. Finally, chapter twelve proceeds to discuss some contemporary biomedical issues, which have preoccupied religious thinkers as well as the legal and medical experts. These issues include contraception, infertility, artificial insemination, surrogate parenthood, abortion, plastic surgery, euthanasia, organ transplantation, trans-sexualism and milk bank. An attempt is made to look very briefly at the legal and moral aspects of these issues within the context and scope of Islamic faith and ethics. It is especially meant for those undergraduate students who are not specialized in Islamic Studies. The Arabic terms in this study that do not normally have standard equivalent terms in the English language have been italicized, and their brief explanations have been provided either in the footnotes or in the text itself. Certain well-known words, proper names, and titles have been rendered in Romanized forms. No transliteration can express exactly the vocalic differences between two languages; nor can Roman characters give anything more than an approximate sound of the original Arabic words and phrases. To achieve the closest proximity to the original Arabic sounds, the book has followed the Library of Congress transliteration system. This book depends mainly on textual evidence from the Qur’Én and the Sunnah, and is meant to be a practical study of Islamic ethics rather than a philosophical one. May Allah, ix

Ethics and Fiqh for Everyday Life: An Islamic Perspective

subÍÉnahË wa taÑÉlÉ bless with His acceptance and grace the humble efforts of all those who have contributed in the writing and publishing of this book. Teachers and students are most welcome to suggest improvements in the book that can be made in future editions, inshÉ’AllÉh. Munawar Haque International Islamic University Malaysia Kuala Lumpur

x

CHAPTER ONE EVOLUTION OF ISLAMIC ETHICS The discussion on the evolution of Islamic ethics begins with the ethics of the pre-Islamic Arabs and then describes the ethics of the Qur’Én, ÍadÊth (Prophetic Tradition) and taÎawwuf (Sufism). This is followed by a discussion on the classical Islamic discourse on ethics emerging from the three intellectual disciplines—falsafah (philosophy), kalÉm (dialectical theology), and fiqh (Islamic jurisprudence). It also attempts to provide an overview of the unfolding of Islamic ethics in order to appreciate the sources that have shaped the ethics of Islamic moralists up to today.1 Ethics in Pre-Islamic Arabia The period before the Qur’Énic Revelation was known in Arabia as the age of “ignorance” (jÉhiliyyah). Another noun from the same root—jahl (ignorance) refers to the reckless temper of the pagan Arabs. It is the antithesis of Íilm, which connotes forbearance, patience, kindness and freedom from blind passion. The pagan Arabs were torn between these two polarities of jahl and Íilm. They were inclined to hotheadedness, and yet admired the quality of Íilm.2 This fierce disposition inspired many bloody feuds in pre-Islamic Arabia. 1

For an excellent exposition and comprehensive treatment of this subject, see Yasien Mohamed, “The Evolution of Early Islamic Ethics,” American Journal of Islamic Social Sciences, vol. 18, no. 4, (fall 2001), pp. 89-132. This scholarly work has been of immense help in formulating this chapter. 2 Ibid., p. 90.

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Connected to this blind anger is the pagan quality of murË’ah or “manliness,” and qualities such as generosity (jËd) and honor (karam) are subsumed under it.3 MurË’ah may be defined as “all those virtues which, founded in the tradition of his people, constitute the fame of an individual or the tribe to which he belongs; the observance of those duties which are connected with family ties, the relationships of protection and hospitality, and the fulfillment of the great law of blood revenge.”4 Prophet Muhammad (p.b.u.h.) was the first to teach the pagan Arabs that forgiveness is not a vice, but a virtue, which is in fact, the highest form of murË’ah.5 Thus, many of the qualities became transformed and took on a new meaning with the conversion of the pagan Arabs to Islam. Ethics in the Qur’Én Any kind of Islamic ethics, whether religious or philosophical, is ultimately based on the Qur’Én. The ethical dimensions of the Qur’Én are integral to the social context in which it was revealed. That includes both the context of the pagan Arabs and the early companions of the Prophet (p.b.u.h.). The various religious, legal and moral obligations are interconnected as they are subsumed under God’s will. However, there is also a teleological dimension where people obey God because He is good, and where they seek, by means of their innate character (fiÏrah), to progress towards happiness and to become the best community to be brought forth for humankind.6 Through the impact of the Qur’Én, the vengeful spirit of the Arabs was transformed into a positive quality of Íilm. The polarity between jahl and Íilm in pre-Islamic times was transformed into a new polarity of kufr-Islam after the revelation of the Qur’Én. The jÉhil was blindly jealous of his honor, and the kÉfir was similarly absorbed with himself. The 3

D. M. Donaldson, Studies in Muslim Ethics (London: SPCK, 1953), p. 4; T. Izutsu, Structure of the Ethical Terms in the Koran (Tokyo, 1959), p. 23. 4 Goldziher, Muslim Studies (London: 1967), vol. 1, p. 22. 5 Ibid., p. 25. 6 M. F. Denny, ‘Ethics and the Qur’Én: Community and World Views,’ in Ethics in Islam, edited by Richard G. Hovannisian, (Malibu: 1985), p. 108.

2

Evolution of Islamic Ethics

latter term also means “ungrateful,” suggesting the kÉfir’s insensitivity to the signs of God and ingratitude to His blessings. The person called ÍalÊm is self-controlled, moderate and generous.7 According to Isutsu, Íilm is a dominant virtue in the Qur’Én. He writes: In a certain sense the spirit of Íilm dominates the ethos of the Qur’Én as a whole. The constant exhortation to kindness (iÍsÉn), the emphasis laid on justice (Ñadl), the forbidding of wrongful violence (Ðulm), the bidding of abstinence and the control of passions, the criticism of groundless pride and arrogance—all are concrete manifestations of this spirit of Islam.8

Some other ethical virtues in the Qur’Én that are also formulated in the spirit of Íilm are: duty to God, moderation, forgiveness, humility, honesty, charity, and trustworthiness. Some of the vices that are condemned are: boasting, blasphemy, and slander.9 To Fazlur Rahman, the Qur’Én is not a book of abstract ethics, nor is it the legal document that Muslim lawyers have made it out to be. It is a work of moral admonition through and through. A large part, which deals with human relations, is full of statements on the necessity of justice, fair play, goodness, kindness, forgiveness, guarding against moral peril, and so on. It is clear that these are general directives, not specific rules. But they are not abstract moral propositions either; they have a driving power, which abstract propositions cannot yield. Rahman argues that this fact was acknowledged by the MuÑtazilah rationalists, who, while insisting that ‘good’ and “bad” are knowable by natural reason without the aid of revelation, nevertheless believed that revelation was not superfluous, but helped motivate people to pursue goodness.10

7

C. Pellat, ‘×ilm’ in Encyclopedia of Islam, new ed., Vol. 4, pp. 390-392. T. Izutsu, God and Man in the Qur’Én, (Tokyo: 1959), p. 216. 9 Donaldson, Studies in Muslim Ethics, pp. 14-17. 10 Fazlur Rahman, ‘Law and ethics in Islam,’ in Ethics in Islam, edited by Richard G. Hovannisian, (Malbu, California: Undena Publications, 1985), p. 8. 8

3

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Ethics in the ×adÊth Since the Qur’Én commands believers to obey God and His Prophet, faith in God and Prophet MuÍammad (p.b.u.h.) is the essential of being a Muslim. Moreover, the Qur’Én also considers Prophet MuÍammad (p.b.u.h.) to be the standard of moral conduct.11 More detailed information about the Prophet’s moral conduct can be found in the ÍadÊth (Prophetic Tradition). Like the Qur’Én, the ÍadÊth deals with the ceremonial, ritualistic, and ethical requirements of the faith. It provides information on the sayings, actions or approvals of the Prophet (peace be upon him). Although six books of ÍadÊth are recognized as authentic by most scholars, the compilations by ImÉm al-BukhÉrÊ (256/870) and ImÉm Muslim (261/875) are considered the most sound. The Shi’ite books trace Traditions only to the Righteous Caliph AlÊ’s (40/661) family.12 The Tradition can also be found in the SÊrah (biography of the Prophet). The SÊrah is preserved in two outstanding works. One is by Ibn HishÉm (218/833), titled KitÉb SÊrah Rasulallah (The Biography of God’s Apostle). This text has preserved considerable citations from the SÊrah of Ibn IsÍÉq (150/767). The other is Ibn SaÑd’s (230/845) KitÉb al-ÙabaqÉt (The Book of Classes), which preserves aÍÉdÊth from al-WÉqidÊ (207/822), an older authority.13 Some of the virtues ascribed to Prophet MuÍammad (p.b.u.h.) are: forbearance (Íilm), generosity (sakhÉ), courage (shajÉÑah), and good disposition (Íusn al-khuluq). Some of the ethical sayings that recur often in the Traditions and the SÊrah are: The best of you are those who are best in disposition; who show kindness and who have kindness shown to them.14 11

“You have indeed in the Messenger of Allah an excellent example; for him who hopes in Allah and the final Day, and who remembers Allah much.” A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-AÍzÉb: 21. 12 J. Robin, ×adÊth, Encyclopedia of Islam, new ed. pp. 23-28. 13 Yasien Mohamed, “The Evolution of Early Islamic Ethics,” pp. 95-96. 14 Cited and translated by Donaldson, Studies in Muslim Ethics, p. 70.

4

Evolution of Islamic Ethics

None of you (truly) believes until he wishes for his brother what he wishes for himself.15 Let him who believes in Allah and the Last Day either speak good or keep silent, and let him who believes in Allah and the Last Day be generous to his neighbor, and let him who believes in Allah and the Last Day be generous to his guest.16 Righteousness is good morality and wrongdoing is that which wavers in your soul and which you dislike people finding out about.17 Do not envy one another; do not inflate prices one to another; do not hate one another; do not turn away from one another; and do not undercut one another, but be you, O servants of Allah, brothers.18

Ethics in Sufism The moral guidance of the Qur’Én and the ÍadÊth provided a foundation for the Muslims’ devotional and ethical practices. However, in the early period, there were those who were not content with the mere outward observance of the religious Law. They were more concerned with harmonizing the inner state of their souls with the external behavior required by the Law. In their reaction to excessive worldliness, they renounced the world and practiced asceticism. These ascetics were called nÉsik (pl. nussÉk). By the third or ninth century, the term ‘Sufi’ was used for this mystical movement.19 15

E. Ibrahim and D. Johnson-Davies (trans.), al-Nawawi’s Forty Hadith (Lahore, 1979), p. 56. This ÍadÊth was narrated by Muslim and al-BukhÉrÊ on the authority of Abu Hamza Malik bin Anas. 16 Ibid., p. 60. This ÍadÊth was narrated by Muslim and al-BukhÉrÊ on the authority of Abu Hurayrah. 17 Ibid., p. 90. This ÍadÊth was narrated by Muslim on the authority of alNawwas bin Siman. 18 Ibid., p. 112. This ÍadÊth was narrated by Muslim on the authority of Abu Hurayrah. Only the first part of the ÍadÊth is being quoted here. 19 See P. J. Awn, ‘The Ethical Concerns of Classical Sufism’, The Journal of Religious Ethics, (1983), pp. 240-263, p. 241f. See also Yasien Mohamed, “The Evolution of Early Islamic Ethics,” pp. 101-103.

5

Ethics and Fiqh for Everyday Life: An Islamic Perspective

The early Sufis were preoccupied with moral purity and self-examination. They encouraged repentance and the rejection of the world’s distractions through abstention (zuhd), and poverty (faqr). Eventually, this ethical strain in Sufism developed into a systematic teaching of ethico-spiritual stations (maqÉmÉt) whereby a strict Sufi discipline emerged. The Sufi was poor (faqÊr) in the sense that he renounced the world as a zÉhid (pl. zuhhÉd), devoting himself to the ardent service of God. His struggle was not only against the world, but also against his lower self (nafs), which was the seat of all evil lusts. The annihilation of the individual ego was marked by absorption in God (fanÉ’).20 The Sufi al-×ussayn al-NËrÊ (296/908) asserted that Sufism was not primarily concerned with legal practices, but with morality and piety.21 The four main practices of self-discipline in Sufism were solitude, silence, hunger and sleeplessness. These were directed at reforming the individual, but they had to be complemented by the moral and social virtues of Islam. Good character became the condition and result of the religious life. It brings peace to the soul. It is brought about by discipline and training. Furthermore, good character is to endure difficulties, which ultimately come from God, and these pains are a test for man to purify his soul (self) and attain the pleasure of God. Good character is manifested through two main virtues: humility (tawÉÌuÑ) and selflessness (ÊthÉr). The true Muslim is humble and considers everyone else to be superior to him in faith. When the Divine Light shines in the believer’s heart, he becomes humble and obedient to God. Hence, those who are the nearest to God are the most humble. This quality makes them love to serve others in the hope of reward from God.22 Classical Islamic Discourse on Ethics Muslims have debated ethics for centuries. In the 1200s, for example, many scholars studied Ñilm al-akhlÉq. They focused 20

L. Massignon, “TaÎawwuf,” Encyclopedia of Islam, new ed. pp. 311-317. R. Levy, The Social Structure of Islam, (Cambridge, 1969), p. 212f. 22 T. J. Winter, (tr.) al-Ghazzali on Disciplining the Soul-Books 22 and 23 of the Revival of the Religious Sciences-IÍyÉ’ ÑUlËm al-DÊn (Cambridge, 1995). 21

6

Evolution of Islamic Ethics

on issues related to personal character and the cultivation of such traits as wisdom and tolerance. They tried to determine the feelings and thoughts that a “good” person would have, as well as the actions he or she would perform. Some scholars wrote about the ideals that they believed should guide such practices as politics, medicine, and business. They typically presented their views in the form of a story or a letter of advice to someone entering a particular field. This form of discourse is indicated by the term adab.23 Among the classical disciplines, three stand out as essential for any discussion of ethics in Islamic tradition: falsafah24, kalÉm25, 23

The unifying theme of adab is reflection on the noble ideals that ought to inform the practice of stare-craft, medicine, business, and other activities important to society. Thus, the celebrated Seljuk vizier NiÐÉm al-Mulk (d. 1092) presents advice to rulers in his SiyÉsat nÉmah or "Rules for King." See The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito, Chief Editor (New York: Oxford University Press, 1995), vol. 1, p. 443. 24 The word falsafah is an Arabicization, which means “the work or pursuit of philosophers. See Murtada Mutahhari, Understanding Islamic Sciences, (London: ICAS Press, 2002), p. 12. It is, however, also used in a more specific sense as an abbreviation of the expression al-falsafah alislÉmiyyah, “Islamic philosophy.” See Michael E. Marmura, The Encyclopedia of Religion, “Falsafah.” For Ibn KhaldËn, however, the “sciences of philosophy and wisdom” are the intellectual sciences, which are natural to man, in as much as he is a thinking being. They are not restricted to any particular religious group. They are studied by the people of all religious groups who are all qualified to learn them and to do research in them. They have existed and been known to the human species since civilization had its beginning in the world. See Ibn KhaldËn, An Introduction to History: The Muqaddimah, translated from the Arabic by Franz Rosenthal, abridged and edited by N.J. Dawood, (London: Routledge & Kegan Paul Ltd., 1967), p. 371. 25 Ibn KhaldËn defines kalÉm as “a science that involves arguing with logical proofs in defense of the articles of faith and refuting innovators who deviate in their dogmas from the early Muslims and Muslim orthodoxy.” See Ibn KhaldËn, An Introduction to History: The Muqaddimah, p. 348. The fullest list of propositions about the origin of the term “kalÉm” was given by TaftÉzÉnÊ (d.793/1390) in his SharÍ al-ÑaqÉ’id al-nasafiyyah (“A commentary on the creed of Najm al-DÊn al-NasafÊ”) ed. NËr MuÍammad (Karachi, n.p., n.d.), 5. See Taufic Ibrahim and Arthur Sagadeev, Classical Islamic philosophy, translated from Russian by H. Campbell Creighton (Moscow: Progress Publishers, 1990), pp. 17-25.

7

Ethics and Fiqh for Everyday Life: An Islamic Perspective

and fiqh.26 Ethics in Falsafah Falsafah, as developed by writers like al-FÉrÉbÊ (d. 339/950), Ibn SÊnÉ (d. 428/1037), and Ibn Rushd (d. 595/1198) takes aspects of the Greek philosophical tradition and develops them in relation to Islamic themes. For example, al-FÉrÉbÊ understood philosophy as a quest for personal excellence in moral character and intellect. He believed that anyone with enough intelligence and wealth could embark on this journey. Wisdom could come through deep concentration and years of inner struggle. Unlike Prophet MuÍammad (p.b.u.h.), who learned through divine inspiration, the philosopher toils to gain an understanding of moral law.27 Miskawayh (422/1030) was the first Muslim philosopher to write a systematic ethical treatise by combining Greek ethics with Islamic teachings. IsfahÉnÊ (443/1050) and NaÎÊir al-DÊn al-ÙËsÊ (673/1274) made similar attempts. Through IsfahÉnÊ, Islamic philosophical ethics was introduced into the Sunni Muslim world, and through al-ÙËsÊ, it was introduced into the Shi’ite Muslim world.28 In combining Greek ethics and Islamic tradition, Miskawayh’s TahdhÊb al-AkhlÉq (Refinement of Character) was pioneering in the field of Islamic philosophical ethics. It deals with subjects like the search for supreme happiness, domestic economy, the education of children, and the moral therapy to overcome sadness and the fear of death.29 Ethics in KalÉm KalÉm begins with a different set of interests and questions. Practitioners of kalÉm attempted to clarify religious teachings 26

Originally fiqh referred to deliberations related to one’s reasoned opinion, ra’y. Later the expression fiqh evolved to mean jurisprudence covering every aspect of Islam. It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The Methodology of IjtihÉd, (Delhi: Adam Publishers & Distributors, 1996), pp. 20-22. 27 The Islamic World: Past and Present, p. 148. 28 Yasien Mohamed, “The Evolution of Early Islamic Ethics,” p. 121. 29 M. Arkoun, ‘Miskawayh,’ Encyclopedia of Islam, new ed., Vol. 7, p. 143.

8

Evolution of Islamic Ethics

and took a theological30 approach to ethics. Scholars in this field studied the nature of judgment. They stated that people make moral judgments by assigning praise to some and blame to others for various actions, and they thought that God's moral law provides the basis for such judgments.31 The MuÑtazilah32, perhaps the most influential of the early kalÉm movements, made the discussion of justice a central part of their program. With some variations, they argued as follows: Justice has to do with attribution of praise or blame to agents who perform specific acts. A person who tells the truth usually deserves praise, while one who commits murder deserves blame—from the MuÑtazilite point of view; such judgments are typical of humanity as a whole. The fact of such judgments leaves open an important question: How do human beings justify such judgments? According to most MuÑtazilite thinkers, God has made the world to be governed by moral law. Allah (s.w.t.) says: $%$&  ...           !"


(7 :) -'() !*+ $%,

“He it is Who created the heavens and the earth in six days…that He might try you, which of you is best in conduct.”33

It would be unjust for God to impose such a trial unless there is a fair chance for humanity to acquit the self; and so God has given all humanity the ability to discern which acts are 30

Theological refers to the study of the nature, qualities, and will of God. The Islamic World, p. 148. 32 The MuÑtazilah advocated the application of analogy (qiyÉs) and allegorical interpretation (ta’wÊl) to the ambiguous texts of the Scripture. They allowed the use of Greek dialectical methods, without questioning in the least the validity of the sacred texts. Their task consisted partly in the elucidation of these texts, partly in the rebuttal of anti-religious arguments or the defense of Islam against its enemies, Manicheans, Jews, Christians, or atheists. By virtue of its rationalism, this group could undoubtedly be regarded as pro-philosophical. See Majid Fakhry, Philosophy, Dogma and the Impact of Greek Thought in Islam. (Aldershot, Hampshire: Variorum, 1994), p. 3. 33 A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, SËrah HËd: 7. 31

9

Ethics and Fiqh for Everyday Life: An Islamic Perspective

blameworthy and which are worthy of praise. God has also given the humans the capacity to choose which acts to perform. For the MuÑtazilah, the ability to discern is based on a combination of rational reflection and intuition.34 A contrary position was developed by the AshÑariyyah.35 Al-AshÑarÊ (d. 324/935), the founder of the AshÑariyyah, focused his kalÉm on the notion that nothing happens apart from God's will. Notions of moral intuition and human responsibility are secondary to the affirmation of the majesty and power of God. Against the MuÑtazilah, al-AshÑarÊ rejected rationalist ethics and held that man is incapable of understanding the logic of both good and evil as these are derived from God. God relates what is good and what is bad to the world due to His generosity. When human beings perform praiseworthy or blameworthy acts, they do so by God’s will. Further the AshÑarite position is that the only way for human beings to distinguish between good and evil is through reading and interpreting revealed texts, in particular the Qur’Én and sound accounts (aÍÉdÊth) of Prophet MuÍammad’s words and deeds.36 On the question of free will, Islam takes an intermediary position—that humans are neither completely free nor completely controlled.37 Human beings are free in some matters and predetermined in others.38 What is important to keep in 34

The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito, Chief editor (New York: Oxford University Press, 1995), vol. 1, p. 443. 35 AshÑariyyah represents a school of classical SunnÊ thought led by Abu’l×asan al-AshÑarÊ (d. 324/935). A former MuÑtazilite, he worked out a compromise between the literalist dogmatism of Ibn-×anbal and the MuÑtazilite theoretical speculation of human responsibility and free will by means of his Qur’Énic notion of kasb (acquisition). See W. M. Watt, The Formative Period of Islamic Thought, (Edinburgh: Edinburgh University Press, 1973), pp. 189-195, wherein he indicates that the idea of kasb seems to originate with ÖirÉr ibn-ÑAmr, as al-AshÑarÊ seems to acknowledge. 36 The Oxford Encyclopedia of the Modern Islamic World, pp. 443-444. 37 For this point, see the detailed discussion of MuÑtazilah and AshÑariyah in A History of Muslim Philosophy, edited by M. M. Sharif, (Delhi: Low Price Publications, 2004). 38 Matters like blinking of our eyes and perspiring under exertion and extreme heat are not under our control; in addition, things like our skin color, height, the event of our birth in a certain family and our death at a=

10

Evolution of Islamic Ethics

mind is that some examination of the question of human free will is connected with the Islamic concept of good and bad. When Muslims act against a divine code, the violation of which is attached with punishment, the question of whether they could really obey the rule by which they are judged is obvious and inevitable, since if they could not, it seems contrary to justice to punish them. Ethics in Fiqh The field of fiqh (Islamic jurisprudence) also includes discussions of ethics. Fiqh deals with laws and the principles on which laws are based. Literally, the term indicates “comprehension”; in this context, fiqh has to do with the concern to comprehend divine guidance. In his famous RisÉlah, al-ShÉfiÑÊ (d. 204/820) indicates that the concern of fiqh is to discern that guidance "whereby no one who takes refuge in it will ever be led astray.”39 The great contribution of al-ShÉfiÑÊ and other practitioners of fiqh lies in their development of a model of reasoning by which human beings could comprehend divine guidance.40 They considered the Qur’Én and Sunnah41 the most important sources for comprehending God's law. They also described the methods of reasoning, such as the use of qiyÉs (analogy), that could promote Islamic ideals and balance the notions of duty with concern for the general welfare.42 Other approved types of reasoning include ra’y (juristic =certain time are beyond our control. Whether we jump in fire or not is under our control. Similarly, we are free to choose how to act in and react to situations and matters that concern our lives. The best that we should try to do on this matter is to think about it in the context of the master plan of creation that Allah has for this world. In matters of morality—of deciding on virtue and vice—we have been given choices and freedom; hence we are accountable for our actions. However, our responsibility and accountability are related to human nature. Our freedom is only to the extent Allah has permitted us to play our role in this worldly life. 39 Cited in The Oxford Encyclopedia of the Modern Islamic World, p. 444. 40 Ibid. 41 Sunnah is the way of life of the Prophet, consisting of his sayings, actions and silent approvals. 42 The Islamic World, p. 148.

11

Ethics and Fiqh for Everyday Life: An Islamic Perspective

opinion), istiÍsÉn (juristic preference), and istiÎlÉÍ, a type of reasoning concerned with balancing notions of duty with considerations of the general welfare. Finally, the judgments of individual scholars are regulated by the notion of ijmÉÑ (consensus), referring either to the consensus of scholars or to the common sense of the Muslim community.43 Modern scholars routinely draw from earlier theories when writing about morality. Muslim fiqh scholars often make legal judgments based on precedents, or examples set by medieval44 ethicists. Their work sometimes reflects a dialogue between themselves and a scholar of the past.45 The publications of authors like ÙÉÍÉ ×ussayn (d. 1973) and Naguib Mahfouz (d. 2006) might be construed as adab, for example. Indeed, in some cases, Muslim writers see themselves as continuing specific conversations that originated in the classical period. This is most clear in the case of fiqh, which for a variety of reasons came to have pride of place among the genres associated with ethical concern. Much SunnÊ discourse assumes that judgments about human activity are a matter of discerning about human activity interpreting the texts and employing the modes of reasoning developed in the classical theory of uÎËl alfiqh or the “sources of jurisprudence.” The fatÉwÉ or opinions issued on the basis of uÎËl al-fiqh by famous al-Azhar jurists like MuÍammad ÑAbduh (d. 1905) and MuÍammad RashÊd RiÌÉ (d. 1935) have this character, as do many current pronouncements on issues of state policy, medical practice, and the like. Such judgments take place in response to specific cases brought before a scholar, who then makes a judgment in relation to authoritative texts, approved modes of reasoning, and the precedents set by other scholars of fiqh.46 At the same time, important SunnÊ scholars have argued that the political and social situation of Muslims in the modern world call for reforms not only in forms of government or 43

The Oxford Encyclopedia of the Modern Islamic World, p. 444. Medieval refers to the Middle Ages, a period roughly between 500 and 1500 CE. 45 The Islamic World, p. 148. 46 The Oxford Encyclopedia of the Modern Islamic World, p. 444. 44

12

Evolution of Islamic Ethics

patterns of investment, but also in religious thought. In his RisÉlah al-TawÍÊd (Theology of Unity),47 MuÍammad ÑAbduh attempts to find a middle way between the MuÑtazilah and AshÑariyyah on the place of human moral intuition and revealed texts in matters of ethics. For ÑAbduh, moral intuition is sufficient to establish the first principles of morality and also to work out the implications of morality for social and political life. Revelation is necessary to indicate religious obligations, however; and since most human beings require the encouragement provided by “the promise and the threat” associated with the Day of Judgment as a motive to adhere to moral law, true religion plays an important part in the moral and political life of human societies. A position similar to ÑAbduh’s was developed by the Indian Sayyid AÍmad KhÉn (d. 1898). In either case, the revisiting of the relationship between kalÉm and fiqh provides a way of thinking about ethics that is less tied to the AshÑarite emphasis on the limits of human reasoning that was characteristic of SunnÊ thinking through the centuries.48 For MawdËdÊ (d. 1979), the ethical viewpoint of Islam holds the key to all problems, to the transformation of individual and social life, and to the rebirth of dynamic Islam. He summarizes his thoughts as follows: It is high time now that we should look about for a satisfactory basis of moral life. This kind of search is by no means a logical hair-splitting, but a practical necessity of life…The conclusion to which I have been led is that there is only one correct basis for morality and that basis is supplied by Islam. Here we get an answer to all the basic ethical questions and the answer is free from the defects noticeable in philosophic replies and untainted by other religious creeds, which create neither firmness and integrity of character nor prepare man to shoulder the immense responsibilities of civilized life. Here we find a moral guidance, which can lead us to the highest virtue 47

See MuÍammad ÑAbduh, RisÉlat al-TawÍÊd (The Theology of Unity), Translated from the Arabic by IsÍÉq MusaÑad and Kenneth Cragg, (Kuala Lumpur: Islamic Book Trust, 2004). 48 The Oxford Encyclopedia of the Modern Islamic World, p. 444.

13

Ethics and Fiqh for Everyday Life: An Islamic Perspective

in every department of life. Here we do find ethical principles on which the edifice of a truly righteous civilization can be raised and which, if taken as the basis of individual and communal conduct, can save human life from the anarchy, which has overtaken it today.49

The fundamental underlying principle of Islam as presented by MawdËdÊ is theistic subjectivism; this view is similar in certain respects to the perspective of the medieval AshÑarites. MawdËdÊ finds the existence of many and divergent points of view to be the source of evil and chaos in society. Man is not to make decisions by himself regarding the badness or goodness of the rules.50 Among ShÊÑÊ scholars, fiqh also assumes first position among the classical genres associated with ethics. In centers of learning like Najaf in Iraq and Qom in Iran, contemporary scholars stress the importance of precedent and legal reasoning in ways that are comparable to those of the SunnÊ scholars. The ShÊÑÊ tradition is distinct, however, in regard to uÎËl al-fiqh, and even more on the relationships between fiqh, kalÉm, and falsafah. In particular, the historic position of ShÊÑah on justice (al-Ñadl) has important affinities with MuÑtazilite kalÉm, in which the rational capacities of human beings in matters of moral discernment are emphasized. The related emphasis in fiqh on Ñaql (reason/intellect) as one of the sources by which human beings comprehend divine guidance constitutes an important difference between ShÊÑÊ and SunnÊ approaches to ethics.51

49

Sayyid Abul Ala MawdËdÊ, The Ethical Viewpoint of Islam, (Lahore: Markazi Maktaba Jama’ah al-IslÉmÊ, 1947), pp. 29-30. 50 Sheila McDonough, p. 61. 51 The Oxford Encyclopedia of the Modern Islamic World, p. 445.

14

CHAPTER TWO EVOLUTION OF FIQH The evolution of fiqh1 over the ages is the topic of discussion in this chapter. The study examines the term fiqh from various aspects to show how this word or its derivation has been used in the Qur’Én and the Sunnah.2 The meanings of fiqh and SharÊÑah3 and the subtle distinction between the two are discussed. The chapter talks about the stages of development of fiqh, the first attempts to compile fiqh, the periods of the great ImÉms4, the types of compilation of fiqh, the beginning of the rigidity of the madhÉhib5, the compilation of aÍÉdÊth, the

1 2

3

4 5

Fiqh is the understanding and application of SharÊÑah (divine law). See below discussion under the title: “The Meaning of Fiqh.” Sunnah is the way of life of the Prophet, consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one. SharÊÑah is the corpus of general principles of Islamic law extracted from its two fundamental sources, the Qur’Én and the Sunnah, while also using other main sources (ijmÉÑ and qiyÉs) and secondary ones like istiÍsÉn, istiÎlÉÍ, istiÎÍÉb, ‘urf etc. ImÉm literally means a leader, but Islamically it refers to one who leads a congregation in prayer or an outstanding scholar. Madhhab (pl. madhÉhib) is a school of thought. The four main schools of thought of the SunnÊ sect (mainstream Islam) are the ×anafÊ, MÉlikÊ, ShÉfiÑÊ and ×anbalÊ schools of thought, named after their founders. However, the majority of the ShÊÑah, who are also known as ShÊÑah alImÉmiyyah al-IthnÉ ÑAshariyyah (i.e., the Twelver ImÉmÊ Shi’ites) follow the JaÑfarÊ school of thought.

Ethics and Fiqh for Everyday Life: An Islamic Perspective

organization of fiqh into uÎËl6 and furËÑ, the sources of Islamic law, the compilation of fiqh, the concept of taqlÊd (the blind following of a madhhab), the reformers who encouraged ijtihÉd7, and finally the efforts that have been made toward codification of Islamic law. The chapter concludes with a note that re-establishing Islam as the supreme guide in the daily lives of Muslims is achievable only by the revival of a dynamic fiqh.8 Meaning of Fiqh The original meaning of fiqh is the understanding and knowledge of something. In this sense, fiqh and fahm are synonymous.9 It implies an understanding of Islam in a general way or what a prudent person is likely to conclude from obvious evidences.10 The word has been used in the Qur’Én in several instances.11 The same meaning is reflected in the words of the Prophet.12 The term Ñilm (knowledge) also gives the same meaning, and in the time of the Prophet, there appeared to be no difference in the two terms. Later, as sophistication crept in, the term Ñilm came to be applied in a narrow sense to mean knowledge that comes from reports, that is, from traditions such as ÍadÊth and ÉthÉr13. The term fiqh, on the other hand, came to 6

UÎËl (sing. AÎl): The fundamental principles of any science or field of study. For example, UÎËl al-Fiqh are the principles by the use of which the mujtahid arrives at the legal rules through the specific evidences. The furËÑ refer to the secondary principles. 7 IjtihÉd is the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue. 8 See Abu Ameena Bilal Philip, The Evolution of Fiqh (Riyadh: International Islamic Publishing House, 1996). This extremely readable and lucid work has been a guide throughout the work. 9 Ahmed Hasan, The Early Development of Islamic Jurisprudence (Delhi, 1994), p. 1. 10 Imran Ahsan Khan Nyazee, Theories of Islamic Law (Delhi, 1996), p. 20. 11 For example: “What hath come to these people that they fail to understand a single fact.” (Translation al-Qur’Én, SËrah al-NisÉ’: 78), and “They have hearts wherewith they understand not.” (Translation al-Qur’Én, SËrah al-ÑAÑrÉf: 179). 12 For example: “He for whom Allah wills His blessings is granted the understanding of dÊn.” (ØaÍÊÍ Muslim: KitÉb al-AmÉrah) 13 ÓthÉr: deeds and precedents of the Companions of the Prophet (p.b.u.h.).

16

Evolution of Fiqh

be used exclusively to mean knowledge of the law. Fiqh, by its very definition, involves the exercise of one’s intelligence and personal thinking. The Companions of the Prophet who gave legal judgments and were noted for exercising intelligence in their decisions were known as fuqahÉ’.14 It is interesting to note that fiqh could perhaps even cover the meaning of asceticism in the early period. It is reported that ×asan al-BaÎrÊ said that a real faqÊh is a person who despises the world, is interested in the hereafter, possesses a deep knowledge of religion, is regular in his prayers, pious in his dealings, refrains from disparaging Muslims and is a well-wisher of the community.15 The terms ‘ilm and fiqh were separated when the specialization in law and tradition came into existence toward the end of the first century Hijrah.16 Similarly, the terms kalÉm17 and fiqh were not separated till the time of al-Ma’mËn (d. 218 AH). Fiqh, till such time, embraced both theological problems and legal issues. AbË ×anÊfah (d. 150 AH) defined fiqh as “a person’s knowledge of his rights and obligations.”18 The subject of kalÉm was introduced for the first time by the MuÑtazilah19 as an independent science, when Greek works on philosophy were rendered into Arabic during the time of al-Ma’mËn.20 From this

14

Ahmed Hasan, The Early Development of Islamic Jurisprudence, Delhi, 1994, p. 5. 15 Al- GhazÉlÊ, op. cit., vol. 1, p. 39. Cited in Ahmed Hasan, p. 3. 16 ×ijrah refers to the Prophet’s migration from Makkah to Madinah, signifying the beginning of the Islamic calendar. See also Ahmad Hasan, p. 3, and Nyazee, p. 21. 17 KalÉm: lit. Speech, but often used as abbreviation for Ñilm al-kalÉm, that is, theology and dogmatics. 18 See Sadr al-SharÊ‘ah (d. 747 AH), al-TawÌiÍ fÊ ×al JawÉmid al-Tanqih, (Karachi, 1972), p. 22. Cited in Nyazee, p. 21. 19 The philosophical school of thought commonly called rationalism. This school was founded by WÉsil ibn ‘AÏÏÉ and ‘Amr ibn ‘Ubayd during the 8th century CE. It later became the official philosophy of the ‘Abbasid state and an inquisition was instituted in order to force all scholars to abide by it. Caliph Mutawakkil (1177-1192 CE) abandoned it and lifted the inquisition. 20 Al-ShahristÉnÊ, al-Milal wa al-NiÍal, vol. 1, (Cairo, 1317 AH), p. 32. Cited in Ahmed Hasan, p. 4.

17

Ethics and Fiqh for Everyday Life: An Islamic Perspective

period, the term fiqh came to be restricted to the corpus of Islamic law. As explained above, the word fiqh was used in the early days in a comprehensive way to include the tenets of Islam, its ethics, Islamic law, and the questions relating to the spiritual aspects of things, for which the term taÎawwuf subsequently came into use. In its technical sense, however, it was restricted to Islamic law alone and was defined as al-Ñilm bi al-aÍkÉm alsharÑiyyah al-Ñamaliyyah al-muktasabah min adillatihÉ altafÎÊliyyah, meaning “the knowledge of the SharÑÊ aÍkÉm (legal rules), pertaining to conduct, that have been derived from their specific evidences.” A brief analysis of this definition brings out the following observations: 1. The meaning of fiqh is confined to the knowledge of the al-aÍkÉm al-sharÑiyyah (legal rules). 2. The use of the word al-Ñamaliyyah qualifies the rules to mean those that pertain to acts. Thus, knowledge of rules with respect to belief is excluded. 3. The use of the word al-muktasabah refers to types of knowledge that are acquired or derived, that is, the knowledge of the jurist (faqÊh) and the knowledge of the layman (muqallid). 4. The use of the term adillatihÉ al-tafÎÊliyyah (specific evidences) further excludes from the definition of fiqh, the knowledge of the layman. The reason is that the layman does not acquire his knowledge of fiqh directly from specific evidences in the Qur’Én and Sunnah, as does the jurist. He acquires his knowledge of fiqh from the jurist.21 Meaning of SharÊÑah SharÊÑah, literally means a waterhole where animals gather daily to drink, or the straight path as in the Qur’Énic verse:  *  9" : &   ./ &  01 *2 / 3 4) 561/7 $8
(18 :  ) -*!/

21

Imran Ahsan Khan Nyazee, Theories of Islamic Law, Delhi, 1996, pp. 24-25.

18

Evolution of Fiqh

“Then We put you on a straight path in your affairs; so follow it and do not follow the desires of those who have no knowledge.”22

Islamically, however, it refers to the sum total of Islamic laws revealed to Prophet Muhammad (p.b.u.h.), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah).23 Distinction between Fiqh and SharÊÑah It is often found that the terms fiqh and SharÊÑah are used interchangeably. The definitions of the two terms explained above indicate that the term SharÊÑah has a wider meaning than fiqh. The main distinctions between these two terms are as follows: 1. SharÊÑah is the law itself, while fiqh is the knowledge of that law—its jurisprudence. 2. SharÊÑah is fixed and unchangeable, whereas fiqh changes according to the circumstances under which it is applied. 3. The laws of SharÊÑah are, for the most part, general and lay down basic principles. In contrast, the laws of fiqh tend to be specific and demonstrate how the basic principles of SharÊÑah should be applied in given circumstances. The Stages of Development of Fiqh As a body of knowledge, fiqh has developed through the following stages: The First Stage The first stage in the development of fiqh covers the era of the Prophet (609-632 CE), during which the only source of Islamic law was divine revelation in the form of either the Qur’Én or the Sunnah. The Qur’Én represented the blueprint for the Islamic way of life, and the Prophet’s application of the blueprint in his 22

A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-JÉthiyah: 18. 23 Muhammad Shalabee, al-Madkhal fÊ al-TaÑrÊf bi al-Fiqh al-IslÉmÊ, Beirut, 1969, p. 28. Cited in The Evolution of Fiqh, p. 2.

19

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Sunnah acted as a detailed explanation of the general principles outlined in the Qur’Én.24 The various sections of the Qur’Én were generally revealed to solve the problems which confronted the Prophet and his followers. A number of verses were direct answers to the questions raised by people during the era of prophethood.25 A number of other verses were revealed due to particular incidents, which took place during the era of the Prophet. The same was the case of Islamic legislation found in the Sunnah, much of which was either the result of answers to questions, or were the pronouncements made at the time the incidents took place. This approach was more easily acceptable to the freedom-loving Arabs who understood the laws since the reasons and context of the legislation would be known to them. The revelations during the Makkan period26 (609-622 CE) were mainly concerned with the building of faith, in order to prepare the early converts for the difficult task of establishing the social order of Islam. The general contents of the Qur’Én dealt with al-TawÍÊd (Allah’s unity), Allah’s existence, the next life, the incidents of people of the old, prayers, and a challenge to the Arabs to imitate the style of the Qur’Én.27 It was during the MadÊnan period28 (622-632 CE) that the majority of the social and economic laws of the SharÊÑah were revealed. The basis of legislation in the Qur’Én was that of human reformation. As such, beneficial human customs and practices were recognized and incorporated into the body of divine legislation. Qur’Énic legislation incorporated the principles of removal of difficulty, reduction of religious obligations, and realization of public welfare and universal justice. This period marked the beginning of the evolution of fiqh and it was during 24

al-Madkhal, p. 50. Cited in The Evolution of Fiqh, p. 5. Many of these verses actually begin with the phrase “They ask you about….”, for example 2:217, 2:219 and 2:222. 26 This period started with the beginning of the prophethood in Makkah and ended with the Prophet’s Hijrah to the city of MadÊnah. 27 al-Madkhal, pp. 51-55. Cited in The Evolution of Fiqh, p. 9. 28 The Hijrah marked the beginning of this period and the death of the Prophet in 632 CE. 25

20

Evolution of Fiqh

this period that the foundations for the science of deducing laws from the Qur’Én and the Sunnah were laid by the Prophet (p.b.u.h.). The Second Stage The second stage represents the era of the Righteous Caliphs from the death of the Prophet (p.b.u.h.) to the middle of the 7th century CE (632-661). With the expansion of the borders of the Islamic state, Muslims were exposed to totally new systems, cultures, and patterns of behavior, for which specific provisions were not to be found in the laws of the SharÊÑah. To deal with the new problems, the Righteous Caliphs relied on ijmÉÑ29 and ijtihÉd, in which they had been trained by the Prophet. They established procedures, which later became the basis for legislation in Islam. In order to find the solution to new problems, the first step would be to search for a specific ruling on the problem in the Qur’Én. In the absence of a provision, a search for it would be made in the Sunnah. If still no answer was found, a meeting of the main companions of the Prophet would be called to arrive at an ijmÉÑ. If there was no ijmÉÑ, the position of the majority was taken. Finally, if the differences were so great that a majority opinion could not be determined, the Caliph would then make his own ijtihÉd, which would consequently become law. There were some distinguishing features of fiqh during this period. It was free from factionalism. It was based on actual problems rather than imaginary ones. As a general practice, personal interpretation of the SharÊÑah was avoided. Some laws of the SharÊÑah were modified, either owing to the disappearance of the reason for the law’s existence, or a change in the social conditions. The unified approach to fiqh prevented the rise of madhÉhib.

29

IjmÉÑ is the unanimous agreement of the companions of the Prophet (p.b.u.h.), or scholars in general, on a point of Islamic law.

21

Ethics and Fiqh for Everyday Life: An Islamic Perspective

The Third Stage The third stage covers the rise and fall of the Umayyad dynasty30, covering a period of about a century, extending from the death of the Righteous Caliph ÑAlÊ ibn AbÊ ÙÉlib in 661 CE and the founding of the dynasty until the last of the Umayyad Caliphs around the middle of the 8th century CE. This period is significant in the historical development of fiqh and madhÉhib. The period was marked by great social unrest, dividing the Ummah31 into various sects and factions. The caliphate was converted into a kingship. Many new practices which were common in the non-Islamic states of that time, such as Byzantium, Persia, and India were introduced32, and scholars fled to outlying areas in order to avoid conflict and confusion.33 The socio-political changes caused a number of sects and factions to appear. The ShÊ’ah34 and the KhawÉrij35 rebelled, and later developed their own particular systems of fiqh.

30

The Umayyads were in power for approximately one century, extending from the death of the last of the Righteous Caliphs, ÑAlÊ ibn AbÊ ÙÉlib in 661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph MuÑÉwiyah ibn AbÊ Sufyan, until the last of the Umayyad Caliphs around the middle of the 8th century CE. 31 Ummah: Literally means “nation,” but commonly used to mean the Muslim nation, which has neither geographic boundaries nor a national language. 32 The central treasury (Bayt al-MÉl) was turned into the personal property of the Caliphs. Taxes not sanctioned by Islam were introduced. Music, dancing girls, magicians, and astrologers were introduced as forms of amusement in the court of the Caliph. See The Evolution of Fiqh, p. 46. 33 al-Madkhal, pp. 121-122. Cited in The Evolution of Fiqh, p. 45. 34 The term is applied to a variety of dissident groups united by their belief that the Prophet’s nephew and son-in-law, ÑAlÊ ibn AbÊ ÙÉlib and his descendents, were divinely appointed to lead the Muslims, spiritually and politically. 35 The part of the army of ‘AlÊ ibn Abi ÙÉlib that broke off during the battle of ØiffÊn (657 CE).

22

CHAPTER THREE AL-AMÓNAH (TRUST)

Meaning of AmÉnah The word amānah is derived from a three-letter root verb (‫)أ م ن‬ (alif mÊm nËn), which means “to be in the state of peace, safety and security”. In the noun form, the word becomes amn ( َْ‫)أ‬ which means “peace, security, safety, shelter and protection”. Amānah literally means “trust, reliability, trustworthiness, loyalty, faithfulness, integrity, honesty and confidence”. From this root-verb also originates Êmān or faith. It follows that peace in society is achieved through individual faith. The concept of amānah binds individuals with society. The Qur’Én mentions about a trust (amÉnah) given to mankind—a trust which the heavens, the earth and mountains refused to bear because they were afraid of the heavy responsibility that ‘amÉnah’ entails: * *&0 =& 71   4) 6 6?13  .61 +

.(72 :FG+)

“We offered the trust unto the heavens and the earth and the hills, but they shrank from bearing it and were afraid of it. And man assumed it. He was indeed tyrannous and ignorant.” (33: 72).

2. The amÉnah of returning deposits to their owners When one is entrusted with deposits, it is his duty to keep them properly and return them safely whenever their owners want them. This is the command of Allah, expressed in the following verse: (58 :96) -.... " 4 ; 6 ,JK$ * $%!!L0 A  * ;
“Surely Allah commands you to render back trusts to their owners.” (4: 58)

3. AmÉnah in domestic life The wife is an amÉnah (trust) entrusted upon the husband. Thus, it is his duty to provide her with nafaqah (maintenance), care for her, educate her, treat her well and guide her to the straight path. The wife is duty-bound of take care of his household, which is an amÉnah to her. Both are duty-bound to take care of their children and to guide them to the straight path. The Prophet (p.b.u.h.) made these responsibilities very clear in the following ÍadÊth: *) Z=Q[ \ ! ]1 A

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28

Al-AmÉnah (Trust)

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“Every one of you is a guardian and every one will be asked about his subjects. The leader is a guardian and he will be asked about his subjects. A man is the guardian of the persons in his household and he will be answerable about them. A woman is the guardian of her husband’s house and she will be asked about her responsibility. A servant is the guardian of the articles of his master and he is answerable about the responsibility of his.” (×adÊth, al-BukhÉrÊ)

4. AmÉnah in meetings and keeping secrets Maintaining secrecy and confidentiality of what is required to be confidential is considered an amÉnah in Islam. It is reported that the Messenger of Allah said: Xb  a+ J 5 ! 1? :M 7 8(8 D ; 6 & !M 71" (N & F % :  ) "d+ c & = !\O

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“What is said in meetings and meant to be confidential is a trust, unless there was a conspiracy to shed protected blood, or to commit adultery, or to violate the property of someone.” (×adÊth, al-TirmidhÊ)

5. Misuse of office is a betrayal of amÉnah Trust demands that if a person is appointed to a certain public position, he should not use it for self-aggrandizement or for the benefits of his relatives. The use of public funds for personal purposes is a crime. Allah (s.w.t.) says in the Qur’Én: 1&%  M1?6 ^=$% 4 $ $8  >1  =e  & L0 L=$1c *
(161 :*) =f) -*!1C! D !"

“…If any person is so false, he shall on the Day of Judgement, restore what he misappropriated; then shall every soul receive its due – whatever it earned – and none shall be dealt with unjustly.” (3: 161)

29

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Islam forbids the exploitation of one’s office and taking undue advantages from it. It is very severe in closing all the avenues of earning illegal wealth. M 7     A) !A  4 N , & 6 6& :=S _!"  & *)

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“Before the end of the Day of Judgement, everyone will be questioned about the following: (i) How did he spend his life? (ii) What did he do with his knowledge? (iii) From where did he get his wealth and on what did he spend it? (iv) In what did he use his physical and mental faculties?” (×adÊth, al-TirmidhÊ).

31

Ethics and Fiqh for Everyday Life: An Islamic Perspective

32

CHAPTER FOUR AL-ÑADL (JUSTICE) Justice, writes Chandra Muzaffar, “is the real goal of religion. It was the mission of every Prophet. It is the message of every Scripture.”1 Al-ÑAdl (Justice) is Allah’s attribute and to stand firm for justice is to be witness to Allah. Justice is, in fact, the bond which holds society together and which transforms it into one brotherhood. The following discussion will focus on these topical areas; meaning of justice, forms of justice, causes of injustice, and things that may help a person to do justice. Meaning of Justice There are several Arabic terms used for justice. The most common is ÑadÉlah2 or Ñadl, which is an abstract noun derived from the verb Ñadala, which means: first, to straighten or to sit straight, to amend or modify; second, to run away, depart or deflect from one (wrong) path to the other (right) one; third, to be equal or equivalent, to be equal or match, or to equalize; and fourth, to balance or counter-balance, to weigh, or to be in a state of equilibrium.3 1

Chandra Muzaffar, “The Implementation of Justice in Politics,” in Islam and Justice edited by Aidit Ghazali, (Kuala Lumpur: Institute of Islamic Understanding Malaysia, 1993), p. 159. 2 Faruqi, Law Dictionary, (Beirut: Libraitie Du Liben, 3rd ed., 1982), p. 397. 3 See Ibn ManzËr, LisÉn al-ÑArab, Vol. 13, pp. 457-458; al-FayrËzÉbÉdÊ, alQÉmËs al-MuÍÊÏ, Vol. 1, p. 431; Vol. 2, pp. 415-416; Vol. 4 (pt. 2), p. 6; al-ZabÊdÊ, TÉj al-ÑArËs, Vol. 8, pp. 9-10; and al-MaqqarÊ, KitÉb al-MiÎbÉÍ al-MunÊr, Vol. 2, pp. 541-542, passim pp. 689-690.

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Technically, Ñadl may connote the following meanings: (i) To place things in their rightful places; (ii) to give people their rights and what they deserve; (iii) to be impartial in one’s judgments and decisions; (iv) to say the truth; (v) to be balanced in one’s views and judgments; (vi) to avoid biases and prejudice; (vii) and to avoid oppressing others. Other Arabic words used for justice include: QisÏ,4 qaÎd, mÊzÉn, qisÏÉs, istiqÉmah, wasaÏ, naÎÊb and ÍiÎÎah.5 The antonym of Ñadl is jawr. Its antonyms include: Úulm (wrongdoing), ÏughyÉn (tyranny), mayl (inclination) and inÍirÉf (deviation).6 Forms of Justice SaÑÊd ibn Jubayr is reported to have said that justice may take on four different forms: 1. Justice in making decisions in accordance with Allah’s Decree: *& $ %+  ; . " 4 ; 6 ,JK$ * $%!!L0 A  * ;


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“Surely Allah commands you to render back trusts to their owners and that when you judge between people you judge with justice; surely Allah admonishes you with what is excellent; surely Allah is Seeing, Hearing.”7

2.

Justice in speech in accordance with Allah’s Decree: $%  $ A  J./ & 4&$S  *%  $ J) $ 1$S  ;
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4

The term qisÏ and its derivatives appear 8 times in the Qur’Én. See for example, 3: 18, 21; 4: 127, 135; 5: 8, 42; 6: 152; 7: 29; 10: 4, 47, 54; 11:85; 21: 47; 55: 9; 57:25; 5: 42; 49: 9; and 60: 8. 5 Majid Khadduri, The Islamic Conception of Justice, (Baltimore and London: The Hopkins University Press, 1984), p. 6. 6 Ibid. 7 A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-NisÉ’: 58.

34

Al-AmÉnah (Trust)

“And when you speak, then be just though it be (against) a relative, and fulfil the covenant of Allah. This He has enjoined you with that you may be mindful.” (6: 152)

3.

Justice in [pursuit of] salvation in accordance with Allah’s Decree: U)?3 .16  Q=&1>!  j[3 M1?6 *) XM1?6  G7  B $> 
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“Then guard yourselves against a day when one soul shall not avail another nor shall intercession be accepted for her, nor shall compensation be taken from her, nor shall anyone be helped (from outside).” (2:48)

4.

Justice in the sense of attributing an equal to God in accordance with Allah’s Decree:8 ^6 $^C =/7 01     A   !J+1
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“Praise be to Allah, Who created the heavens and the earth, and made the darkness and the Light. Yet those who reject faith hold (others) as equal, with their Guardian-Lord.” (6:1)

The following sections elaborate on two forms of justice, namely, justice in making decisions and justice in speech. i. Justice in making decisions (judicial justice) This type of justice involves mainly judges, mediators, and arbiters, and it may involve any person who is asked to do so between two parties even if he is not an official judge. This form of justice means to be impartial in judging between people. To achieve this, the judge must be an honest and upright person who is not swayed by extraneous considerations when he comes to decide cases. He must also be well-versed with the law. His character must be beyond reproach, in the sense that he

8

Ibid., pp. 7-8.

35

Ethics and Fiqh for Everyday Life: An Islamic Perspective

disciplines himself, and is not himself a breaker of the law. 9 Fyzee in his “The Adab al-QÉÌÊ in Islamic Law,” has outlines the characteristics that a Muslim judge must possess in order to be impartial. “(He) should be God-fearing, he should be just, he should not follow his passions, nor favour any party, nor fear any person. He must obey God, hope for divine favour and save himself from punishment. (He) must not carry on trade, nor should he take loans, nor be badtempered and quarrelsome. People should have no doubt as to his virtue, sobriety, wisdom and knowledge of law and traditions. He must be strict in the matter of religion, but not be harsh of speech. He should not exercise his power in anger, or when he is weakened by nonobligatory fasts. He should not perform his judicial functions under the influence of hunger or thirst, nor when his is moved by lust, nor when his mind is 10 distracted by heat or cold”.

A judge is a very important person as he determines the fate of people. Therefore, it is important that when one is appointed or requested to judge between people, to either, excuse oneself if one fears to be incapable of rendering justice, or to judge with equity. This was the command made by Allah to His last Messenger when the Jews used to refer some cases among them to him. It is clear that they were not sincere in referring those cases to him. It was just for the purpose of finding mistakes that would be used to create confusion and cast doubt on his message. But even with the bad intention of the Jews, Allah (s.w.t.) commanded the Prophet (p.b.u.h.) to observe justice if he chose to judge between them.  !.6& $%+ 5!97 * ] +,  *$ % F %1  *!)


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Faiza Thamby Chik, “Judges and Judicial Officers,” in Islam and Justice, p. 153. 10 Ibid., p. 154.

36

Al-AmÉnah (Trust)

“Listeners for the sake of falsehood! Greedy for illicit gain! If then they have recourse unto you (Muhammad) judge between them or disclaim jurisdiction. and if you turn aside from them, they shall not harm you in any way. But if you judge, judge between them with equity; surely Allah loves those who judge equitably.” (5: 42)

ii. Justice in speech A Muslim is required to always speak the truth and not bear false witness not only with friends, but even with enemies and tyrants. Enmity, tyranny and oppression never justify exceeding the limits of justice while acting against our enemies or those who commit injustice. Acknowledging that it would not be easy to do justice to our enemies, the Qur’Én commands and reminds us to do justice in all situations, and not to let enmity lead us to make accusations or fabricate evidence against our enemies. D O >1 & 9J.$3 A   * S $6$% $6f *  ., 
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“O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of any people incite you not to act justly; deal justly, that is nearer to piety, and Observe your duty to Allah; surely Allah is Aware of what you do.” (5: 8)

Moreover, one has to bear witness with justice and say the truth even against himself or his relatives. 4)  A   9J.$3 O >1 & * S $6$% $6f *  ., 


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“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the

37

Ethics and Fiqh for Everyday Life: An Islamic Perspective

lusts (of your hearts), lest you may avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well Acquainted with what you do.” (4:135)

Causes of Injustice Several causes and motives may instigate injustice. The following are the most prevalent of them: Hatred: Hatred usually leads to committing injustice against enemies and opponents. Love and favour: These sentiments are usually the causes behind doing injustice to others in favour of one’s relatives and cronies. Self-interest and greed: In so many cases, we may be driven to injustice by greed and selfishness. Ignorance: Sometimes we may commit injustice because of our lack of knowledge of what is right and wrong, and good and bad. Making hasty decisions: Hasty decisions are more likely to be an unjust decisions as they are not thoroughly thought out. Factors that help a person to do justice 1. On the individual level, the following attitudes and actions may serve as a great help for one to achieve justice in his words and actions. a) Realization that injustice has dire consequences: When we realize that whatever injustice we do in this life will be punishable, if not in this life then in the Hereafter, and that even if we may be protected in this life by influential people against due punishment for our injustice, on the Day of Judgment no one will be able to do so. This realization will lead to self-consciousness and to do one’s best to avoid and prevent injustice. Allah (s.w.t.) says:   !"!nK!  6 ; *!  C Q=/ ) '( e A  *&+ D
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Al-AmÉnah (Trust)

“And do not think Allah is unaware of what the unjust do; He only delays them to a day on which the eyes will stare in terror. As they come hurrying on in fear their heads upraised, their gaze returning not to them, and their hearts vacant.” (14:42-43)

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“And whoever defends himself after his being oppressed, there is no way of blame against them. The blame is only against those who oppress mankind, and act in defiance of right and justice (and wrongfully rebel in the earth) these shall have a painful punishment.” (42:41-42)

The Prophet (p.b.u.h.) said: *!J  " :=S   A) A  4 N A  =! * _!"  & *) * ; :=> .\  D !A " J D * 6  !M 1?!1 :$S h!M 1?!1 

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Al-ZamakhsharÊ, al-Kash-shÉf, (Beirut: DÉr IÍyÉ’ TurÉth al-ÑArabÊ, vol. 1, 1997), pp. 424-425.

56

Al-Amr Bi al-MaÑrËf wa al-Nahy ÑAn al-Munkar

F % :) " * @ $W/ & : O   * ] a A 6  & .(*@

AbË SaÑÊd al-KhudrÊ narrated that he heard the Prophet (p.b.u.h.) saying: “He who amongst you sees something evil should change it with his hand; and if he has not the strength to do it, then he should do it with his tongue, and if he has not the strength to do it, then he should 20 abhor it in his heart, and that is the weakest of faith.”

The word hand in this ÍadÊth refers to power and authority; whenever and wherever a Muslim is in power, he/she must try to prevent al-munkar among people who are under his authority. The word tongue symbolizes words, and refers to the act of admonishing people and reminding them of the negative consequences of their immoral/evil conduct. The admonishment may be done through verbal preaching, or through writing in newspapers, magazines, journals, leaflets, books and others. If a Muslim is not able to change a munkar act with his hand and tongue, then he should abhor it in his heart (in this condition he has to think about and search for the right ways to change almunkar). Therefore, a true Muslim is not one who lives in isolation and cares only about himself, but is one who endures the difficulties of living in an immoral society and tries his best to do something to change what he can change. It is worthy here to quote Ibn al-Qayyim, who said: Indeed the Devil motivates most of the believers to devote themselves to such prayers and to such recitation of the Qur’Én that will lead them to total isolation from the world for the sake of Allah. Consequently, by doing so they unintentionally paralyze all those types of worship; therefore, it is considered as deviating from the true Islam. A believer should not follow such illusions which will lead him away from Islam but he should simply follow the obligations commanded by Allah (s.w.t.). That is why the Muslim scholars said that these types of believers are considered as the lowest class 20

ImÉm Muslim, MukhtaÎar ØaÍÊÍ Muslim, KitÉb al-ImÉn, FaÎl 21, ×adÊth No. 0079.

57

Ethics and Fiqh for Everyday Life: An Islamic Perspective

among people. ImÉm Ibn Taymiyyah said: ignoring al’amr bi al-ma‘rËf wa al-nahy ‘an al-munkar is more sinful then committing an evil.”21

Objectives of al-’Amr bi al-Ma‘rËf wa al-Nahy ‘an al-Munkar Al-’amr bi al-ma‘rËf wa al-nahy ‘an al-munkar is considered by SharÊÑah as a very important means that will assist Muslims to establish a systematic and just order for their community. The most important aspect of this principle is its application by every Muslim through his/her actions. The current situation of the Muslim Ummah will change when every Muslim is responsible not for his/her own daily endeavours only, but also for the endeavours of others. Therefore, the practice of this Islamic injunction aims at the following: 1. To constantly remind the believers It aims to help the believing people to follow the guidance of Allah, perform ‘ibÉdah, and keep on the right path. It is a part of our nature that we are fallible, forgetful, and follow our lust and desires, which usually lead to neglecting our duties or committing evil. That is why we always need to be reminded (and remind others) to keep on the right path. The Almighty Allah (s.w.t.) has commanded His Messenger (which is a command to us too) to keep preaching to remind his companions: .(55 : ) * 6 LK!1 !:?16 l1%n  * ] n% 
“And continue to remind, for surely the reminder benefits the believers.” (51:55)

One of the main characteristics of believers is to help one another (by reminding and encouraging each other) to follow the right path as expressed in the following Qur’Énic verse: $ ) $69 *  D ; * $  ? *16 @ * ; * N/1
.(3q1 :N/)  &N & N  n+1 & N  + N “By (the Token of) Time (through the ages), verily Man is in loss, except those who have Faith, and do righteous 21

Quoted in: Salman Bin Fahd al-‘Awda, Min WasÉ’il ÖaÑf al-Ghurba, DÉr Ibn al-Jawzi, al-Dammam, 1992, p. 98.

58

Al-Amr Bi al-MaÑrËf wa al-Nahy ÑAn al-Munkar

deeds, and (join together) in the mutual teaching of Truth, and of Patience and Constancy.” (103:1-3)

Muslims are always urged to continue with al-’amr bi al-ma‘rËf wa al-nahy ‘an al-munkar even when they are faced with rejection. They should not lose hope in their effort to enjoin good and must persist in advising and reminding one another in order to discharge themselves from this great responsibility. B& ) !.!&n /!  !.$% .! !A  BS *$C /   !.16  UQ 1S 1 ;
.(164 :W)) *$>  !. / $%2& 4 ; '_ / $S BJ J3 “When some of them said: ‘Why do ye preach to a people whom Allah will destroy or visit with a terrible punishment? Said the preachers: ‘To discharge our duty to your Lord, and perchance they may fear Him.’” (7:164)

In conclusion, the first objective of al-’amr bi al-ma‘rËf and alnahy ‘an al-munkar is to serve as a constant reminder for the community members to fulfil their responsibilities, do good, and avoid evil. 2. To safeguard the society against corruption A total neglect of al-’amr bi al-ma‘rËf wa al-nahy ‘an almunkar will lead to the collapse of moral values promoted by DÊn al-IslÉm in particular, and other religions in general, which will open rooms for widespread corruption and wickedness in a society or dominance of immorality. Some people may be able to safeguard themselves against evil and corruption, but when it becomes widespread in the society, children and youth will fall victim to it and we may not be able to even protect them. Thus, when we combat munkar we are indirectly protecting ourselves and our families against all types of corruption and evil. This is explained in the following parable told by the Prophet (p.b.u.h.):

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ÑUqbah bin ÑÓmir narrated that the Messenger of Allah (p.b.u.h.) said: “‘Beware of entering upon the ladies.’ A man from the AnÎÉr said: ‘Allah’s Apostle! What about al-×amu (the in-laws of the wife, the brothers of her husband or his nephews etc.)?’ The Prophet (p.b.u.h.) replied: ‘The in-laws of the wife are death itself.’”10

Al-QarÌÉwÊ remarks, “He meant that there are inherent dangers and even destruction in such privacy: religion is destroyed if they commit sin; the wife is ruined if her husband divorces her out of jealousy; and social relationships are torn apart if relatives become suspicious of each other.”11 The last part of the ÍadÊth warns against khalwah with male in-laws, such as the husband’s brother or cousin since people are quite negligent in this regard. The danger of khalwah lies not merely in the possibility of sexual temptation, but also 9

Ibid., p. 150. ØaÍÊÍ al-BukhÉrÊ, KitÉb al-NikÉÍ, Vol. 7, Book 62, ×adÊth No.: 159. 11 Yusuf al-QarÌÉwÊ, The Lawful and the Prohibited in Islam, p. 150. 10

70

Family Ethics in Islam

in the possibility of gossip and false accusation which may lead to tarnishing the reputation of people, jealousy, ruining the marriage and destroying the family. Islam favours precautionary measures by blocking the means of evil and wrongdoings. If there are strong possibilities of negative outcomes of an action, then the action itself is prohibited. The possibility of practicing khalwah among God-fearing people will be none. Therefore, for those who follow Islam, they must bear in mind that Islam “removes every possible cause which may breed corruption. It strikes hard at the root of evil and suggests measures, which may bring about peaceful, happy and harmonious relations among the Muslims. It discourages free and unbridled contact between men and women in order to curb undesirable impulses. It puts restraint on such impelling forces which might play a disastrous role in degenerating the mind of young men and women.” On this, we may safely conclude that “most of the moral depravity and vitiated state of the modern society is the result of disregarding the safeguards.”12 It is clear that Islam, as any other revealed religion, prohibits khalwah, which, if permitted, will lead both sexes to commit fornication and adultery. Unethical and immoral acts, such as fornication and adultery, if practised will lead to “confusion of lineage, child abuse, the breaking-up of families, bitterness in relationships, the spread of venereal diseases, and a general laxity in morals; moreover, it opens the door to a flood of lusts and self-gratifications.”13 In order to prevent all these unethical actions from taking place in a Muslim community, in particular, and in human communities in general, Islam prohibits the very root that causes them and that is khalwah. 2. The prohibition of looking at the Ñawrah of others The exposure of and looking at what is considered as an Ñawrah for both genders, are strictly prohibited in Islam. This prohibition protects one’s honour and dignity, and prevents the 12

Muhammad Samiullah, Muslims in Alien Society, (Lahore: Islamic Publications Ltd., 1982), p. 80. 13 Ibid., p. 149.

71

Ethics and Fiqh for Everyday Life: An Islamic Perspective

spread of social ills among Muslims and others. Therefore, looking at the Ñawrah of another person whether of the same or the opposite sex, and whether with or without desire is unlawful and must be avoided.14

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Ibn Buraidah reported that his father related that a girl came to the Prophet (p.b.u.h.) and said (in a way of complaining) to him: “My father married me (without my consent), to his nephew only for the sake of improving his social status.” The Prophet (p.b.u.h.) gave her the choice between accepting and rejecting her father’s decision. Then she said: “I accept what my father had done, but I want women to know that fathers have no right to force their daughters to marry without their consent.” (×adÊth, Sunan Ibn MÉjah)

iii-

38

The dowry should be reasonable: a woman who is getting married is entitled to dowry. In Islam, no Muslim marriage can take place without dowry. However, this dowry should be within a reasonable range, which both spouses agree upon, and which no one is offended or negatively affected by. The Islamic Law (SharÊÑah) or

ImÉm Muslim, ØaÍÊÍ Muslim, KitÉb al-NikÉÍ, ×adÊth No.: 3307.

85

Ethics and Fiqh for Everyday Life: An Islamic Perspective

rules governing dowry, have not fixed a definite amount or object that must be offered as dowry,39 only the general rule that the dowry must be reasonable and affordable.

9n6 !C) " :=S   A) A  4 N 2 & 6 *) 3 [) *) .(J+ J6) "'6Q[ *!"! '%& ÑÓ’isha (r.a.) reported that the Prophet (p.b.u.h.) said: “The most blessed wives are those whose dowry is affordable.” (×adÊth, Musnad AÍmad)

iv-

Both husband and wife have equal rights and obligations: Allah (s.w.t.) says: !A  U7J * .) =72  W!/1 & * .)   Q=18  *!.
.(228 :_>&) -X %+ XG G)

“…and they have rights similar to those against them (rights of husband) in a just manner, and the men are a degree above them (external authority in the household), and Allah is Mighty, Wise.” (2:227)

Happy Marital Life The establishment of the family institution through the legal process of marriage will enable the couple to have, throughout their relationship a happy marital life. To live a happy marital life is a very important aspect of being married. To achieve this, the foundations of the family should be very strong and based on the divine laws of Allah (s.w.t.). A Muslim couple must establish their family on the divine laws prescribed in the Qur’Én and the Sunnah, failing which the family will not be blessed. However, to maintain a happy and blessed marital life, both husband and wife are designated to certain rights and duties, which should be fulfilled by both of them according to the level of their ability. Rights and duties of husbands and wives The ethical principles behind the marital roles that a wife has to perform allocate to her certain rights, and these rights have been entrusted upon the husband as duties. The Qur’Én and the 39

See ‘Abdur RaÍman I. Doi, SharÊÑah: The Islamic Law, pp. 158-163.

86

Family Ethics in Islam

Sunnah have commanded that husbands be kind to their wives. Thus, it is the husband’s duty to consort with his wife in dignified and kind manner.40 However, both husband and wife will be responsible for one another’s rights and duties according to their capacities. This issue will be understood through the analysis of the following marital relationships and responsibilities of both spouses. 1. -

Duties of the husband A husband is responsible for the protection, maintenance and happiness of his wife. He is responsible for the cost of her food, clothes and accommodation according to what he can afford. Allah (s.w.t.) says: $>2  $% $?160  !2JS $ L[ 3 4 6 $%8+ $ L0 $% UV+ $%QK 6


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“Your wives are lawful for you, so cohabit with them whenever you like and in any position you want (except during her monthly period and with avoidance of anal sex). Do good deeds for yourselves before you die, and fear Allah. And know that you will be questioned before Him in the Hereafter, and give good news to the believers that they will be rewarded.” (2:223)

-

A husband must keep his wife in marriage honourably and in case of divorce, must free her from the bond of marriage equally honourably. Allah (s.w.t.) says: $% ^= + D *+ ] & XY   W!/ & X5] *  $( O


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“Divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep

88

Family Ethics in Islam

the limits ordained by Allah. If you (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something to her husband to get divorced. These are the limits ordained by Allah; so do not transgress them. If any does transgress the limits ordained by Allah, such are wrongdoers.” (2:229)

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“When you divorce women, and they fulfil the term of their waiting period (‘iddah), either take them back on equitable terms or set them free on equitable terms; but do not retain them only to hurt them. If any one does that (retaining his wife only to hurt her), he wrongs his own soul and makes himself liable to Allah’s punishment. Do not breach Allah's commands and take it for a mockery, but remember Allah’s grace on you, and the fact that He sent down to you the Book and Wisdom, for your guidance. And fear Allah, and know that Allah is aware of all things.” (2:231)

From the preceding verses, it is clear that Allah (s.w.t.) has decreed kindness, benevolence, tolerance and mercy to be the bases of establishing good and strong ties between spouses in order that they may enjoy a happy and blessed marital life. 2. Duties of the wife Duties of a wife include firstly guarding her husband’s rights in his absence by protecting her honor and chastity, secondly, managing her household affairs by tastefully decorating and furnishing the house, keeping the house clean and tidy, using all things with proper care and skill, preserving her husband’s property from loss or waste and refraining from doing anything which would disturb the peace of the family, and finally

89

Ethics and Fiqh for Everyday Life: An Islamic Perspective

maintaining obedience and loyalty to her husband with a willing heart.41 3. Mutual rights and obligations In Islam, husbands and wives enjoy equal rights, although there might be parties who accuse Islam of being unfair to women by granting “more” rights to man. A close analysis of the rights reveals this accusation to be untrue. The following paragraphs discuss in detail the rights, as well as the obligations, of husbands and wives in Islam. To help each other to practice Islam correctly, stay on the right path, and guard one another against evil and sins. Allah (s.w.t.) says: !M 6 "!J$S B6 $% "  $%$?6 $S $6f *  ., " !"  A  *!N/ D XJJ 3 UC( e U% [( .) $_7 +1 (6 :+ ) "*!LK!  *$/1?

“O you who believe! save yourselves and your families from a fire whose fuel is people and stones, over which are set angels strong, severe, who do not disobey the commands they receive from Allah, but do what they are commanded.” (66:6)

-

To be kind, understanding, and forgiving, and to treat the other side in a tender and loving manner. A ÍadÊth states: $%!" :  A) A  4 N A  Q=! =S :1S 3 [) *) .(r%6 F % :   *6) " " $%! 6  A " $%!

ÑÓ’ishah (may Allah be pleased with her) reported that the Prophet (p.b.u.h.) said: “The best of you are those who are kindest to their families, and I am the kindest to my family.” (×adÊth, Sunan al-TirmizÊ)

-

41

As no individual human being is perfect, one has to take into consideration the positive traits of the spouse and learn to appreciate them, and avoid focusing on the negative traits, which one has to try to tolerate. Allah (s.w.t.) says: al-QarÌÉwÊ, The Lawful and the Prohibited in Islam, pp. 117-122.

90

Family Ethics in Islam

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“Treat them with kindness and equity. If you dislike them, be patient and don’t hasten to divorce them because you may dislike a thing wherein Allah had place much good and benefit for you.” (4:19)

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ÑAwun ibn AbÊ JuÍayfah reported his father saying: “The Prophet made a bond of brotherhood between SalmÉn and AbË al-DardÉ’. SalmÉn paid a visit to AbË al-DardÉ’ and found his wife Umm al-DardÉ’ dressed in shabby clothes and asked her why she was in that state. She replied, “Your brother AbË al-DardÉ’ is not interested in the luxuries of this world (she indicated that he was not interested in lovemaking with her). At the same time, AbË al-DardÉ’ came and prepared a meal for SalmÉn. SalmÉn requested AbË al-DardÉ’ to eat with him, but AbË al-DardÉ’ said, “I am fasting.” SalmÉn said, “I am not going to eat unless you eat.” So, AbË al-DardÉ’ ate with SalmÉn. When it was night and part of the night passed, AbË al-DardÉ’ got up to offer the night prayer,

92

Family Ethics in Islam

but SalmÉn told him to sleep and AbË al-DardÉ’ slept. After some time AbË al-DardÉ’ again got up but SalmÉn told him to sleep. When it was the last hours of the night, SalmÉn told him to get up then, and both of them offered the prayer. SalmÉn told AbË al-DardÉ’, “Allah has a right on you, your soul has a right on you, and your family has a right on you; so you should give the rights of all those who have a right on you.” AbË al-DardÉ’ came to the Prophet (p.b.u.h.) and narrated the whole story. The Prophet (p.b.u.h.) said, “SalmÉn has spoken the truth.” (×adÊth, al-BukhÉrÊ)

-

Flexibility: Both sides have to be flexible, and prepare themselves to adapt to a new marital life. Both are expected to compromise certain things that can be compromised, and try to settle disputes amicably through effective means.

Duties toward children Muslim parents’ duties towards their children are defined by the divine commandments of Allah (s.w.t.) and the Sunnah. With respect to parent-child relationship, the Qur’Én outlines two important rules: (i) the existence of a child [as preordained by Allah (s.w.t.) in the mother’s womb) is not to be thought as the cause of harm to the parent(s); and (ii) parents should reciprocate and cause no harm to the child.43 The Qur’Én enjoins parents to take care of their children well and to inflict upon them no harm. The Prophet (p.b.u.h.) said: :  A) A  4 N A  Q=! =S :=S !) *& i !J&) *)

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43

See ×ammËdah ‘Abd al-‘ÓÏÊ, The Family Structure in Islam, pp. 182-183.

93

Ethics and Fiqh for Everyday Life: An Islamic Perspective

It was narrated by ÑAbdullah bin ÑUmar that the Prophet said, “Every one of you is a guardian and every one of you is responsible (for his wards). A ruler is a guardian and is responsible (for his subjects); a man is a guardian of his family and responsible (for them); a wife is a guardian of her husband’s house and she is responsible (for it), a slave is a guardian of his master's property and is responsible (for that). I thought that he also said, ‘A man is the guardian of his father’s property and is responsible for it. All of you are guardians and responsible (for your subjects.)”44

This ÍadÊth clearly delineates the obligations of each Muslim as a guardian, and his or her role to play in the family institution and community at large. In another ÍadÊth the role and responsibilities of parents in raising and taking care of their children are clearly stated. The Prophet (p.b.u.h.) said: " :  A) A  4 N A  Q=! =S :=S _!"  & *)  a A 62N6!  a A 6J2.! !`&0 a _1O ?1 4) !J! D ; J$ *  (G[67 F % :& Y+N) ". A 627!

AbË Hurayrah (r.a.) reported that the Prophet (p.b.u.h.) said: “Every child is born into the true religion. (i.e., into a pure natural state of ‘Islam’), it is his or her parents who later make him a Jew, a Christian or a Pagan.”45

This ÍadÊth shows that Islam is “sensitive to and conscious of the child’s crucial dependence on the parents. Their role in forming the child’s personality and the far reaching effects of socializing are clearly recognized by the Prophet.”46 Thus, among the rights of children are: the right to life, the right to legitimacy, and the right to socialization and general care. The first right indicates Islam’s stand against infanticide, while the second one against sex outside the wedlock and towards adoption. The third obligation concerns taking good care of children and showing compassion towards them.47 The duty of 44

ImÉm al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, KitÉb al-JumÑah, Vol. 13, ×adÊth No.: 18. ImÉm al-BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, KitÉb al-JanÉ’iz, Vol. 23, ×adÊth No.: 468. 46 See ×ammËdah ‘Abd al-‘ÓÏÊ, The Family Structure in Islam, p. 183. 47 Ibid., pp. 184-188. 45

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Family Ethics in Islam

the parents towards their children “is a charity of a higher order to attend to their educational needs and teach them proper manners. Interest in and responsibilities for the child welfare are questions of first priority.”48 Duties toward Parents In this regard, the duties of children towards their parents are parents’ rights. Allah (s.w.t.) the Almighty says: -'6+ ; *J 1 & !`P ; D ; !J!&P/ D 5,& 4P 

“And do not eat up your property among yourselves by false means, neither seek to gain access thereby to the judges, so that you may eat up a part of the property of others wrongfully.” (2:188)

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AbË Hurayrah reported that the Prophet (p.b.u.h) cursed the briber and the bribed in making judgments. (×adÊth al-TirmidhÊ)

-

Giving fair and equal hearing to all litigants. As the Messenger of Allah (p.b.u.h.) said: % s *  : 4 +  % ( *N1 5 ; M7  ;" (J+ J6) ." = *  / 

“When you sit to judge between two litigants, don’t make a decision until you have heard equally from both sides.” (×adÊth, AÍmad)

-

Against of presiding over cases that involve his close relatives or cases in which he has some personal interest.

iii.

To judge with a stable mind: A judge must not conclude a judgment when his mind is confused by anything that will prevent sound thinking, like sorrow, grief, hunger, anger, and excessive sleepiness and tiredness. The Prophet (p.b.u.h.) said: .( * $W0 B1?6 !.16  $1 S n6 ; 2F =S


* $W n6 ;  6$S2JN! B9J   / !A1 0 '6  n6  !YN1 !" .(35q33 :oN>) -...5 0 & 5J!) &%  ÑAbdullÉh ibn JaÑfar narrated that ÑAlÊ ibn AbÊ ÙÉlib disliked disputes; and therefore, whenever he had a dispute he used to appoint ÑAqÊl ibn AbÊ ÙÉlib as lawyer until he became old, then he appointed me as his lawyer”. (×adÊth, al-BayhaqÊ)

Some people, due to their various responsibilities, cannot afford to attend every meeting in court for regular procedures,

105

Ethics and Fiqh for Everyday Life: An Islamic Perspective

therefore, it is convenient for them to appoint lawyers and not to interrupt their work.10 Duties of Lawyers A legal practitioner has two duties: • He is employed by clients – individual or group - to serve and represent their interests. • He is participating in the implementation of law through advice, trial of cases, preparation of legal documents, and negotiation with others for his clients. The lawyer’s chief interest lies in serving his client and in securing justice. He represents his client’s interests, but may not engage in tactics that violate the fair administration of justice. Duties towards clients: • Fulfilling contracts and keeping promises (1 :_J[) - J$>!/1 & $ $6f *  ., 
“O you who believe! Fulfill (all) obligations.” (5:1)

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“(True believers are those) who faithfully observe their trusts and their covenants.” (23:8)

Honesty and sincerity in representing and advising his clients. A lawyer has to defend his clients to the best of his knowledge and abilities. Communication between the lawyer and his client should be kept confidential and not be disclosed, as it is a kind of amÉnah (trust), unless the client wishes it to be disclosed. This rule does not apply to those communications that involve planning to commit a crime. Otherwise, the lawyer would be considered an accomplice in the crime. Allah (s.w.t.) says:

•

•

10

KarzÊn, AÍmad ×asan, MuhÉmÉt RisÉlah wa AmÉnah, (Beirut: DÉr Ibn ×azm, 1st ed., 1993), pp. 15-16.

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“And help one another in goodness and piety, and do not help one another in sin and aggression.” (5:2)

• • •

A lawyer has no right to drop or waive any right of his client unless he is ordered by his client to do so. A lawyer has no right to make any admission of guilt on behalf of his client unless he is ordered by his client to do so. A Muslim lawyer has to be lenient with his clients, and keep a balance between his business interests and the consideration of the situation of the poor, which is a duty of a Muslim towards his fellow Muslims. Thus, he has to be reasonable in charging them affordable legal fees.

Duties towards Justice • A Muslim lawyer should not engage himself in any tactic that violates the fair administration of justice. • It is unlawful for a lawyer to conceal the truth. • It is unlawful for a lawyer to argue for the innocence of a client when he knows that the client is guilty. !A   5  & M 6 *& $%+  n+1 & F %1 5 ; 61G16  6 ;
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“Whosoever makes success in the Hereafter his uppermost goal, God will make his heart full of content and unifies his vision and goals. Undoubtedly, he is going to get his portion of substance in this life. And whosoever makes material success his uppermost goal, Allah will make the threat of poverty ever under his eyes. And he is not going to get in this life more than the portion prescribed to him.” (×adÊth, al-TirmidhÊ)

Islamic Ethics in Business Transaction Islam contains ethical principles, which relate to business activities. In Islam, it is ethics that dominate economics and not the other way around. The most important thing that a Muslim has to do while he searches for his provision is to make sure that the source of income and the target of spending this income is lawful and according to the Islamic ethics and tenets. Every transaction taking place among Muslims, and between Muslims and others, i.e., religious and irreligious people, should be done within the Islamic parameters of ÍalÉl and ÍarÉm. Making ×alÉl Earnings Regarding the acquisition and disposition of wealth, the Qur’Én has provided a definite concept of ÍalÉl (permissible) and ÍarÉm (forbidden) by which all types of acquisition or disposition of wealth are to be adjudged. The principles of ÍalÉl and ÍarÉm apply as much to the spending of wealth as it does to its acquisition. A lawfully acquired wealth is, to be spent only 109

Ethics and Fiqh for Everyday Life: An Islamic Perspective

on lawful and permissible things. In other words, the spending of wealth is also restricted to ÍalÉl things and cannot be spent on anything that is forbidden by Islam. A Muslim is required to always invest his capital in an enterprise that is ÍalÉl, although it might bring less profit as compared to what accrues a ÍarÉm enterprise. a) •

•

• • b) • •

Benefits of ÍalÉl earnings ×alÉl work and the earnings generated from it are a kind of ‘ibÉdah, for which a Muslim will be duly rewarded by Allah (s.w.t.). Whatever is spent out of ÍalÉl earnings is considered as Îadaqah (charity), even that spent on one’s family, and that eaten by birds and animals. ×alÉl earnings will be blessed by Allah (s.w.t.). ×alÉl earnings will bring to the possessor peace of mind and help him to have a clear conscience. Evils of ÍarÉm earnings: Punishment on the Day of Judgement. Rejection of du‘É’ (supplication). The Prophet (p.b.u.h.) said: * 6 LK!1  A  * ; aB&2O D ; Q=&1> D XF2O A  * ; !M 6 ., "

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:) "5   !F7 ! 4 60 +1 &  $e X+ !A!&1 X+ .(_%G F % “O people, Allah is Good and He therefore, accepts only that which is good. And Allah commanded the believers as He commanded the Messengers by saying: "O Messengers, eat of the good things, and do good deeds; verily I am aware of what you do" (23:51). And He said: “O you who believe, eat of the good things that We gave

110

Ethics and Profession

you” (2:172) He then made a mention of a person who travels widely, his hair dishevelled and covered with dust. He lifts his hand towards the sky (and thus makes the supplication): “O Lord, O Lord,” whereas his diet is unlawful, his drink is unlawful, and his clothes are unlawful and his nourishment is unlawful. How can then his du‘É’ (supplication) be accepted? (×adÊth, Muslim)

• •

Blessings will be lifted from the earning. Øadaqah from it will not be accepted by Allah (s.w.t.). It is reported that the Prophet (p.b.u.h.) said: *% aX7 A !A *$%  A& JN $8 aB+ 'D :7 *" (_%G F % :*++N 4) 5J ) ."A) !`!N;

“If anyone accumulates wealth through ÍarÉm means and then gives charity from it, there is no regard for him and the burden of sin remains.” (al-×akim and Ibn Hibban)

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“If a person earns property through ÍarÉm means and then gives charity, it will not be accepted (by Allah); if he spends it there will be no blessing on it; and if he leaves it behind (upon his death) it will be his provision in Hellfire. Indeed, Allah (s.w.t.) does not obliterate one bad deed with another bad deed, but He cancels out a bad deed by a good deed. An unclean thing does not wipe away another unclean thing.” (×adÊth, Musnad AÍmed)

•

×arÉm wealth will be a witness against its owner on the Day of Judgement. The Messenger of God (saw) said: 4O)   !1 !F +N / 6 U_1!+ U_ + c & !`$ $L0 * !A 6 ; (  A) .(_%G F % :&) "  >1  A) BJ .3 !*$%

111

Ethics and Fiqh for Everyday Life: An Islamic Perspective

“… No doubt this wealth is sweet and green. Blessed is the wealth of a Muslim from which he gives to the poor, the orphans and to needy travellers. (Or the Prophet said something similar to it). No doubt, whoever takes it illegally will be like the one who eats but is never satisfied, and his wealth will be a witness against him on the Day of Resurrection.” (×adÊth, al-BukhÉrÊ)

•

The possessors of ÍarÉm earnings will have always a guilty conscience.

Fulfilling Contracts and Promises A contract is a legally binding agreement between two or more parties; thus, its terms and conditions should be fulfilled by all parties. Allah (s.w.t.) has commanded Muslims to fulfill the terms and conditions of the contracts they enter into: .(1 :_J[) - J$>!/1 & $ $69 *  ., 
“O you who believe! Fulfil your contracts and obligations” (5:1)

The same command was given by the Prophet (p.b.u.h.): .(_7@ F % :&) " . O!$3 J16 ) *! !1" “Muslims are bound by all the conditions they have agreed upon.” (×adÊth, al-BukhÉrÊ)

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“Reconciliation between Muslims is lawful unless it makes something ÍarÉm as ÍalÉl or vice versa. And Muslims are bound by all the conditions they have agreed upon, unless a contract or condition is against the principles of Islam in that it makes something ÍarÉm as ÍalÉl or vice versa.” (×adÊth, al-TirmidhÊ)

In order to protect debt contracts from any kind of breach, the Qur’Én recommends that these contracts either be documented

112

Ethics and Profession

in the presence of required witnesses, or take a mortgage as a security for payment of credits. Allah (s.w.t.) says: -!`!&$ 1% 4m! =7 4 ; *J & $ 16J  ; $69 *  ., 


.(282 :_>&)

“O you who believe! When you contract a debt for a fixed term, record it in writing” (2:282)

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“And if you are on a journey and cannot find a scribe, then a pledge in hand shall suffice.” (2:283)

Although promises sometimes may not be legally binding, they are morally and religiously binding. The Prophet (p.b.u.h.) said:  ; W1 J)  ; F % VJ+  ; U8(8  6!1 () * " "X ! !A 6 )G 4 N N * ;" :  "* * $ LK

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“There are three characteristics of a hypocrite: when he spoke he told a lie, when he made promise he acted treacherously (he did not keep it), and when he was trusted he betrayed.” In another narration: “And even if he observed fast and prayed and asserted that he was a Muslim.” (×adÊth, Muslim)

Upholding Honesty and Truthfulness and Avoiding Deception Truth and honesty are the basic requirements of trade and dealing with others. The Prophet (p.b.u.h.) said:   !. 5 !& 6& SJN * ] aS?     1 & */2&1" .(J+ J6) " . /& $%& 1> +!  % & % * ;  . /&

“The buyer and seller are free to accept or reject any offer or conditions until they conclude a contract or part from each other. If they have acted with honesty, and have explained the defects of commodities, then Allah will bless them with prosperity. And if they tried to deal dishonestly and tried to hide the defects, then it is likely

113

Ethics and Fiqh for Everyday Life: An Islamic Perspective

that they may get some profit, but the prosperity will vanish from their trade.” (×adÊth, Musnad AÍmed)

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Abu Hurayrah narrated that the Prophet (p.b.u.h.) once passed by a stock of grain. He touched it and felt moisture inside the stock. He asked the seller what it was. The merchant said: “O Prophet of Allah (p.b.u.h.), rain poured upon this stock.” The Prophet (p.b.u.h.) remonstrated: “Then why did you not place the wet wheat over the rest of the stock, so people could see it for themselves. Any one practicing deception has no relationship with me.” (×adÊth, Muslim)

In order to have a good relationship between the seller and the buyer, Islam urges the Muslim sellers to act according to the Islamic ethics related to business transaction. a) Avoidance of selling defective commodities unless the defect is shown to the buyer. The Prophet (p.b.u.h.) said: D ; XF) A  B/& A  *  \&  !  ^= + D  !1 $ ! !1" .(7  :A7 *&) "!A !A6&

“A Muslim is a brother of his fellow Muslim. It is not lawful for a Muslim to sell such a commodity that has a defect, unless the defect is shown to the buyer.” (×adÊth, Ibn MÉjah)

b)

Avoidance of false and misleading advertisement: One of the most unethical practices in modern business is to deceive customers by launching misleading advertisements and publicity campaigns. The actual products usually do not match the standards and specifications mentioned in the advertising messages. Islam strictly prohibits this deceitful practise. 114

Ethics and Profession

c)

Giving accurate measurement and weights: One of the oldest ways of cheating in business is selling commodities with less than the standard weight or measurement. This would include the practice of selling substandard, inferior or adulterated products. The basic motive behind this malpractice is to maximize profits and accumulate material possessions, without any regard for the ethical validity of the means to be adopted for this purpose. Allah (s.w.t.) has warned us against such malpractice in the following verses:

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“Give full measure, and be not of those who give less (than what is due). And weigh with a true balance”. (26:181-182)

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Avoiding Greed in Making Profit a) To avoid hoarding essential commodities: Hoarding is a kind of business exploitation of consumers. The lust for money and the overemphasis on profit maximization lead to hoarding essential commodities during the periods of scarcity and crises, with an intention to sell the commodities at lucrative higher prices. Artificial scarcity of certain products is sometimes deliberately created by businessmen by hoarding large stocks. Islam vehemently condemns hoarding and warns businessmen about the dreadful consequences of this behavior. The Prophet (p.b.u.h.) said: "Z{ O !. *  !1 4) . &  1c! * !J ! '_1%!+ % + *" .(J+ J6)

115

Ethics and Fiqh for Everyday Life: An Islamic Perspective

“One who hoards things for increasing their prices for Muslims is a wrong doer.” (×adÊth, Musnad AÍmed)

b)

To uphold balance between competitiveness, on one hand, and cooperation and giving advice to Muslims on the other: Islam urges Muslims to maintain balance in business transaction. They have to compete with one another in what is good without causing any harm to each other. They must not compete with one another in what is evil. In order to uphold balance between competitiveness, Islam urges Muslims to cooperate and to give advice to one another. Allah (s.w.t.) says: (61 : ) -*$> & . !" 1   *!) ! 5 [Q
“It is these who hasten in every good work, and these who are foremost in them.” (23:61)

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“Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah: for Allah is strict in punishment.” (5:2)

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“And do not eat up your property among yourselves by false means, nor seek to gain access thereby to the judges and rulers, so that you may eat up a part of the property of others wrongfully.” (2:188)

It is reported that the Prophet (p.b.u.h.) said that both those who give and receive bribes are cursed.

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b)

Fair recruitment practices: In public organizations, employment and promotional decisions are often hampered or influenced by discrimination, nepotism, corruption and bribery. In Islam, an office or a post is regarded as a divine trust, and therefore, it should be offered only to the deserving persons. Responsibility should be given only to the person who is able to shoulder it and who has the capability to do justice to the trust placed in him. The Prophet (p.b.u.h.) said: 41 $V2J+!

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“Those who devour usury will not stand but they will stand like the one whom the Satan with his touch had driven to madness. That is because they said that trade is like usury, but Allah has permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (the offence) are companions of the Fire; they will abide therein (forever). (2:275).

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“Allah deprives usury of His blessings, but he blesses almsgiving with increase; for He loves not the ungrateful sinners”. (2:276).

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“O you who believe! Fear Allah, and give up what remains of your demand for RibÉ (usury), if you are indeed believers. And if you do not, then be warned of war against you from Allah and His messenger. And if you repent, then you shall have your capital; neither shall you make the debtor suffer loss, nor shall you be made to suffer loss.” (2:278-279)

All those business transactions, which involve ribÉ (interest rate/usury) in one form or another, according to Islam, are unlawful and contribute to injustice. In order to avoid dealing in ÍarÉm commodities, all transactions involving any kind of unlawful commodities such as liquor, pork, and the like should be avoided by every Muslim. Leniency Every Muslim should be polite, tolerant and lenient in dealing with others. The Prophet (p.b.u.h.) said: :&) "4&) "*!/ $ 16$% “If the debtor is in a difficulty, grant him time till it is easy for him to repay. And if you remit it by way of charity that is best for you if you only knew (the generous reward for this).” (2:280)

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Avoiding Taking Unnecessary Oaths Muslims are discouraged from making oaths in their daily life. One is permitted to take an oath only when it is necessary. The Prophet (p.b.u.h.) said: F % :) "$+ $8 $n?6! !A 6 ] :&1   W +1 _18% $% ;" (_S

“Beware of excessive oath in trade as it brings an immediate benefit followed by a lift of blessing.” (×adÊth, Muslim)

ÑAbdullÉh ibn AbË Aufa narrated that a man displayed some goods in the market and swore by Allah that he had been offered so much for the goods, something, which was not offered, and he said so to cheat a Muslim. On that occasion, the following verse was revealed: ( D 5 [Q ( S '68  . 6  A  J./ & *! 13 *  * ;
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“Verily! Those who purchase a small gain at the cost of Allah's covenant and their oaths They shall have no portion in the Hereafter, nor will Allah (deign to) speak to them or look at them on the Day of Judgment, nor will He cleanse them (of sin): they shall have a grievous penalty.” (3:77) (×adÊth, al-BukhÉrÊ)

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

122

CHAPTER NINE INTER-PERSONAL RELATIONS Allah (s.w.t.) has created man as an ethical and sound being, which grants him a higher place in the creation and gives him priority compared to other creatures. But man does not interact with himself only. Rather, he communicates and interacts with other fellow men of the same kind, and therefore, he has to know how to approach and deal with others. There are two important types of communication, i.e. intra-personal and interpersonal moral aspects, which can assist man to develop and construct good and friendly relationships. Intra-personal communication takes place with one’s self, through which a Muslim develops his inner moral character, which is regarded as the basis for the inter-personal communication. Thus, people should know how to communicate with themselves first before communicating with others. In Islam, ethics plays a crucial role in the formation of inter-personal relationships among Muslims and between Muslims and people of others religious beliefs. The ethics that governs inter-personal/social relationships will be understood through the discussion of the following issues: General rights of a Muslim over another Muslim Since Islam considers all Muslims as brothers and sisters, it is necessary for them to maintain and nourish the spirit of brotherhood by observing a certain standard of moral and social conduct. A Muslim has certain responsibilities towards others in specific circumstances and relationships. The following ÍadÊth explains the general rights of all Muslims.

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AbË Hurayrah reported the Prophet (p.b.u.h.) as saying: “Six are the rights of a Muslim over another Muslim.” It was said to him: “Allah’s Messenger, what are the six rights?” Thereupon he said: “When you meet him, offer him salÉm; when he invites you to a feast, accept it. When he seeks your counsel, give him, and when he sneezes and says: “al-Íamdu lillÉh,’ you say ‘yarÍamuka Allah’ (may Allah show mercy to you); and when he falls ill, visit him; and when he dies, follow his bier.”1

Islam dictates that when a Muslim gets angry with another, he should not give up his association with his Muslim brother for more than three days. The Prophet (p.b.u.h.) said: Y+N) ".= V(8  !` !7. *  !  ^= + D..." (FJ F % :&

“It is not lawful for a Muslim to remain aloof (unspeaking) from his brother for more than three days.”2

Behaviour toward parents and relatives Family is the basic unit and component of society. If the society is to be solid, the families forming such a society will have to be solid, too. Islam directs us to build a strong family based on high moral principles. The obligations of Muslims, therefore, start with; first and foremost, themselves, their parents, their 1

2

ImÉm Muslim, ØaÍÊÍ Muslim, KitÉb al-SalÉm, Chapter 3: The right of a Muslim upon another Muslim is that his greeting should be responded to, ×adÊth no.: 5379. See (accessed on September 25, 2009). ImÉm BukhÉrÊ, ØaÍÊÍ al-BukhÉrÊ, KitÉb al-ÓdÉb, Vol. 8, Book 73, ×adÊth No.: 91. See (accessed on September 25, 2009).

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Inter-Personal Relations

brothers and sisters, and then beyond.3 It is but natural to expect a person who respects his parents to respect Allah (s.w.t.). A person who does not respect his parents can hardly be expected to respect Allah (s.w.t.). That is the reason why Islam has put a great emphasis on showing love to parents.4 1.

Islam has accorded high priority to “duties to parents,” placing it next only to “duties to Allah.” Allah (s.w.t.) says: 5J16 ) *c$&  ; '6+ ; *J 1 & !` ; D ; !J!&/ D 5,& 4  

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ÑAlÊ (r.a.) reported that the Prophet (p.b.u.h.) sent a force (on a mission) and appointed for them a man. He kindled a fire and said: “Enter it.” Some people made up their minds to enter it (the fire), (carrying out the order of their commander), but the others said: “We fled from the fire (that’s why we have come into the fold of Islam).” The matter was reported to the Messenger of Allah (p.b.u.h.). He said to those who wanted to enter it (at the order of their commander): “If you had entered it, you would have remained there until the Day of Judgment.” He complimented the act of the latter group and said: “There is no submission in matters that demand disobedience towards Allah and that earn His displeasure. Submission is obligatory only in what is good (and reasonable).’” (×adÊth, Muslim)

b)

Giving them advice. The Messenger of Allah (p.b.u.h.) made the act of giving advice as part of the essence of religion: 4N &6 * A6) i  ?16! !"61SG “Those who hearken to their Lord, and establish regular Prayer; who (conduct) their affairs by mutual

129

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Consultation; who spend out of what We bestow on them for Sustenance;” (42:38)

b)

Being kind and lenient with them. It is reported that the Prophet (p.b.u.h.) said: * A) 1$>13  .) 3 j[3 

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c)

Serving them honestly and sincerely. The Prophet (p.b.u.h.) made it clear that a dishonest ruler (amÊr) who does not strive to serve his subordinates honestly and sincerely is not considered as a member of the Muslim community, and will not be with them in Jannah on the Day of Judgment. L=$J  RD ; !YN16 !. !J.7 D $8 *  !1      *  " .(_@ F % :) " 671 !!./

“A ruler who, after having obtained control over the affairs of Muslims, but does not strive for their betterment and does not serve them sincerely shall not enter Paradise with them.” (×adÊth, Muslim)

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“Any one who has been entrusted with the affairs of a group of Muslims and who dies as a dishonest ruler, to him paradise is forbidden by Allah.” (×adÊth, Muslim)

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‘Ó’ishah reported the Prophet (p.b.u.h.) as saying: “Jibril kept impressing upon me kind treatment towards the neighbour until I thought as if he would confer upon him the right of inheritance.” (×adÊth, al-BukhÉrÊ and Muslim)

The duties of a Muslim towards his neighbours may be summarized as follows: a) To avoid causing them any kind of harm. The Prophet (p.b.u.h.) warned those who cause harm to their neighbours of dire consequences. Q=$J D :=S   A) A  4 N A  =! * _!"  & *) .(*@ F % :) "!A> [& !`!7 !*L0 D *  671

AbË Hurayrah reported that the Prophet (p.b.u.h.) said: “He, whose neighbour is not secure from his wrongful conduct, will not enter paradise.” (×adÊth, Muslim)

b)

To help and be kind to them. Showing kindness to neighbours is a sign of good faith (ÊmÉn). This is made very clear in the following verses and AÍÉdith:  & '6+ ; *J 1 & j[3 A & $% 13$ D A  !J!&)


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“Serve Allah, and join not any partners with Him; and do good to parents, kinsfolk, orphans, those in need,

131

Ethics and Fiqh for Everyday Life: An Islamic Perspective

neighbours who are near, neighbours who are strangers, the companion by your side, the wayfarer (you meet), and what your right hands possess, for Allah does not like the arrogant, the vainglorious [boastful]” (4:36).

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AbË Hurayrah reported that the Prophet (p.b.u.h.) observed: “He who believes in Allah and the Last Day should either utter good words or keep silent; and he who believes in Allah and the Last Day should treat his neighbour with kindness, and he who believes in Allah and the Last Day should show hospitality to his guest.” (×adÊth, al-BukhÉrÊ and Muslim)

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AbË Dharr reported that the Prophet (p.b.u.h.) commanded him with the following: “whenever you prepare a broth, add water to it, and have in your mind the members of your neighbours’ household and then give them some of it (the broth) with courtesy.” (×adÊth, Muslim)

132

CHAPTER TEN ISLAM AND THE ENVIRONMENT The Qur’Én states that Allah (s.w.t.) has created all things in this world in due proportion and measure and speaks of the cosmos as a perfect creation that is exploitable and serviceable to mankind. Man is created by God as a social creature endowed with freewill and mental faculties. He has been created with the ability to explore the universe and nature, and exploit them to make his existence convenient, comfortable and meaningful. However, the Qur’Én warns on many occasions against attempts to tamper with the fiÏrah (laws set by God to govern the intrinsic characteristics and the functions of living and non-living creatures in this universe) and against any form of altering it. Such alterations may undermine the ecological balance and lead to harm to both mankind and the environment. The moment this universal equilibrium is impaired and vitiated through human intervention, man's relationship with the Creator and His creation starts to degenerate. This will cost him dearly in terms of health, wealth, peace, prosperity and his general well-being. The Qur’Én declares that the entire creation has a purpose.1 Environment, being a part of God’s creation, must also have a purpose. Although it is subjected to man for

1

A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-AnbuyÉ’ (21): 16; SËrah al-DukhÉn (44): 38-39; SËrah al-×ijr (15): 85; SËrah al-RËm (30):8; and SËrah al-AÍqÉf (46): 3.

Ethics and Fiqh for Everyday Life: An Islamic Perspective

his sustenance on this earth, man is commanded to use it wisely and to avoid creating mischief on the earth.2 This chapter highlights the Islamic stand towards the preservation and sustainability of the environment. Apparently traditional Muslim scholars did not give much attention to environmental and ecological issues. That was mainly because the need for the establishment of an Islamic eco-theology and environmental fiqh did not arise them. However, it is now evident that the future of mankind is threatened by environmental and ecological disasters. Thus, there is a real need to examine how Islamic texts look at nature and the implications of the Islamic view to the preservation of the environment, judicious use of natural resources, and avoidance of potential ecological and environmental disasters. Meaning of Environment Environment is the complex of physical, chemical, and biotic factors that act upon an organism or an ecological community and ultimately determine its form and survival.3 G. T. Miller, in his book Living in the Environment writes: “The term ‘environment’ refers to all external conditions and factors that affect living organisms. Here external factors mean all the things around us such as air, water, light, animals, humans etc.4 The environment comprises everything in our surrounding, the living and the non-living. It is generally classified into two broad categories: the natural environment and the man-made or built environment. The natural environment has been created for the sustenance of man and includes the sun, the moon, stars, plants, trees, rivers, seas, oceans, valleys, mountains, animals and countless other creatures. The built environment is made by man in order to improve his living conditions on the earth, and 2

See for example the Qur’Én, SËrah al-AÑrÉf (7): 56, 85; SËrah al-Baqarah (2): 205; SËrah al-MÉ´idah (5): 33, 64; and SËrah al-QaÎaÎ (28): 77. 3 Encyclopedia Britannica, CD Rom Edition, 2004. 4 Miller, G. Tyler, Jr., Living in the Environment – Principles, Connections and Solutions. (USA: Brooks/Cole – Wadsworth Thomson Learning, 12th ed., 2002), p. 3.

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includes roads, buildings, bridges, factories etc. The natural environment is based on the principle that all its individual components were created by God, and that all living things were created with different functions, carefully measured and meticulously blended by the Almighty Creator. Relationship between Human Beings and the Environment An individual’s relationship with the environment is governed by certain moral precepts. These originate with God’s creation of humans and the role they were given upon the earth. The role of humans is not only to enjoy, use and benefit from their surroundings. The Prophet (p.b.u.h) said: ".A) 4; *+ * i 4; M6 F+0 ai =) " (J+ A * a F& :6&O O 7/)

“All creatures are God’s dependents and the dearest to God among them is the one who is most useful to God’s dependents.” (al-ÙabarÉnÊ)

The relationship between human beings and their environment includes many other features in addition to subjugation and utilization. Construction and development are primary but our relationship with nature also includes meditation, contemplation and enjoyment of its beauties. Human beings are essentially dependent on nature or environmentally speaking on biosphere as it provides him with all the necessities for his sustenance, growth and development. But in much less than a thousand years, humanity has brought the biosphere—the giver of products essential for life, living space, quality-of-life, variety-of-life and national economies— to a crisis point. The biosphere is now giving us many signals that it is greatly stressed; that it is struggling to cope with natural resource depletion, ozone depletion, acid rain, ecosystem5 loss, and polluted air, land, rivers and oceans. Yet 5

Ecosystems usually refer to the community of different species interacting with one another and with the chemical and physical factors making up its nonliving environment. Everything in the biosphere that affects the environment is the components of ecosystems.

135

Ethics and Fiqh for Everyday Life: An Islamic Perspective

our future depends on it.6 Not many people today are willing to accept the fact that no peace is possible in human society as long as the attitude towards nature and the whole natural environment is one governed by exploitation, aggression and war. Likewise, not many are able to realize that in order to gain peace with the environment, there must be peace with the spiritual order.7 Man must respect the environment as he is dependent on it. Therefore, man cannot but coexist with the environment, giving away and receiving in return proportionally to what he offered. From the partnership, man is bound to attain both peace and prosperity in this world, and salvation in the Hereafter, or frustration, humiliation, and chastisement in both worlds. The Qur’Én proclaims: 16,J *  5& N6 M16  _ k1 J !A  5 f    &
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“But seek, with that (wealth) which Allah has bestowed on you, the home of the Hereafter, and forget not your portion of legal enjoyment in this world, and do good as Allah has been good to you, and seek not mischief in the land.” (28:77).

Man’s rights over nature are rights of sustainable use based on moderation, balance and conservation. Nature’s right over man, on the other hand, is that it be kept safe from every misuse, mistreatment and destruction. Greed, extravagance, and waste are considered a tyranny against nature and a transgression of

6

7

Brunckhorst, David J., Bioregional Planning: Resource Management Beyond the New Millennium, (Singapore: Harwood Academic Publishers, 2000), p. vii. Seyyed Hossein Nasr, Man and Nature, (Kuala Lumpur: Foundation for Traditional Studies, 1986), pp. 13-14. Cited in Spahic Omer, Studies in the Islamic Built Environment, (Kuala Lumpur: Research Centre, IIUM, 2nd ed., 2004), pp.17-18.

136

Islam and the Environmet

this right.8 The Qur’Én shows that there is a relationship between the behaviour of people and the conditions of the environment. Right and moral behaviours yield positive results, as depicted in the following verses:

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“O my people! Ask forgiveness of your Lord, and turn to Him (in repentance): He will send you the skies pouring abundant rain, and add strength to your strength: so turn you not back in sin!” (11:52).

On the other hand, rejection and turning away from the right path result in a negative impact on the environment: (124 :AO) -...'%16< '3 / !A * ]  1% *) ) *
“But whosoever turns away from My Message, verily for him is a life narrowed down …” (20:124).

In addition, there are verses that establish a relationship between natural disasters and unbelief or immoral behaviour, or a combination of both. The result of unbelief or immoral acts, when they become prevalent, is the total destruction of the environment. Such is the story of Prophet NËÍ (Noah) and the flood, which destroyed everything except the Ark and its load of people and species. The order that came to end the flood shows that the water gushed and abated at God’s command (Qur’Én, 11:44). 8

Abd al-Hamid, “{ Explaining the Islamic Environmental Ethics,” in Islam and the Environment, edited by A. R. Aqwam, (New Delhi: Institute of Objective Studies, 1997), p. 59.

137

Ethics and Fiqh for Everyday Life: An Islamic Perspective

As a general rule, there is a direct relationship between wrongdoings and calamities: - 8% *) $?/ $% J 1&%  & & N! *  $%&N 
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“And whatever misfortune befalls you, it is because of what your hands have done. And He pardons much." (42:30).

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(41 :) -*!/ 7 !. / $ )   /& “Mischief (corruption) has appeared on the land and sea because of what the hands of men have earned, that (God) may make them taste a part of that which they have done, in order that they may return." (30:41).

The term fasÉd, translated as ‘mischief’ (corruption), is a very comprehensive word. It denotes all kinds of evil and immoral acts.9 The SharÊÑah aims at protecting the environment, and while the individual is asked to help in this respect, the ultimate responsibility lies in the hands of the state. When AbË MËsÉ was sent to al-BaÎrah as the new governor, he addressed the people saying: “I was sent to you by ÑUmar Ibn al-KhaÏÏÉb in order to teach you the Book of your Lord [i.e. the Qur’Én], the Sunnah [of your Prophet], and to clean your streets.”10 The function of the governor who represents the authority, in the narration about AbË MËsÉ, includes keeping the environment clean. This position should be highlighted, because it challenges the authority to deliver sound policies regarding the environment and to implement them. Islamic Worldview of the Environment There are many environmental worldviews available in the literature. The two dominant ones are the ‘planetary management worldview’ and ‘environmental wisdom worldview’.11 The basic 9

See Izutsu, Ethico-Religious Concepts in the Qur’an, p. 246. Narrated by al-DarimÊ, ×adÊth: 560. 11 Muhammad Muinul Islam, “Towards a Green Earth: An Islamic perspective,” Asian Affairs, Vol. 26, No. 4, October-December, 2004, p. 45. 10

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Islam and the Environmet

environmental beliefs of planetary management worldview are that human beings are the planet’s most important species, and they are a part of it and in charge of the rest of nature. This worldview also believes that the earth has an unlimited supply of resources for use by humans through science and technology. Besides, the success of humans depends on how well they can understand, control, and manage the earth’s life-support systems for their benefit. On the other hand, the views of the environmental wisdom worldview are in sharp contrast to those of the planetary management worldview. It believes that human beings are part of nature, and nature does not exist just for them. It emphasizes that the earth’s resources are limited, should not be wasted, and should be used efficiently and sustainably for human beings and other species.12 Interestingly, however, the Islamic worldview of the environment takes a middle place ‘in between’ the two dominant worldviews. Islam combines these two worldviews in a single melting pot. The Islamic worldview of the environment is a holistic one: it assumes a fundamental link and interdependency between all natural elements and bases its teachings on the premise that if man abuses or exhausts one element, the natural world as a whole will suffer direct consequences. This belief is nowhere formulated in one concise phrase; it is rather an underlying principle that forms the foundation of the Qur’Énic teachings.13 These ideas are embedded in the three central concepts of Islam: al-TawÍÊd (Unity), khilÉfah (vicegerency) and amÉnah (trust).14 TawÍÊd, the oneness of God, is the cornerstone of the Islamic faith. It recognizes the fact that there is one absolute Creator, and that man is responsible to the Creator for all his actions. 12

For details see, Miller, G. Tyler, Jr. Ibid., p.17. Chatel, Francesca De. 2003. “Prophet Mohammad: A Pioneer of the Environmentalism” (available at URL: http://www.islam-online.net). 14 Akbar, Khalid Farooq, “Environmental Crisis and Religion: The Islamic View,” Journal of Islamic Thought and Scientific Creativity, Pakistan: COMSTECH, Vol. 3, No.1, 1992, p. 27. 13

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

This is mentioned in the Qur’Én: 93 n=$% & !A  *%         A  " (126 :96) "'O +!

“To God belongs all that is in the heavens and in the earth, for God encompasses everything.” (4:126).

Therefore, abusing one of His creations, whether it is a living thing or a natural resource, is a sin. The concepts of khilÉfah (vicegerency) and amÉnah (trust) emerge from the principle of al-TawÍÊd. The Qur’Én explains that mankind holds a privileged position among God’s creatures on earth: he is chosen as khalÊfah, (vicegerent) and carries the responsibility of caring for God’s earthly creatures. Each individual is given this task and privilege in the form of God’s trust. Environmental crisis is, in effect, a failure of the trusteeship; thus, nature becomes an index of how well a particular society has performed its responsibility towards God. The Qur’Én unequivocally states that all of God's creatures in the universe are subservient to man: -         $%    A  *  


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“See you not (O men) that Allah has subjected for you whatsoever is in the heavens and whatsoever is in the earth…” (31:20).

By utilizing them properly and positively, man participates in God’s continuous process of creation. This participation is neither by chance nor it is optional, but rather a responsibility— the purpose of one’s very life and existence. God has not left man empty-handed to fulfill his responsibilities in this life. He has endowed man with reason, physical and intellectual capabilities, knowledge and resources. These capabilities and resources—including one’s very own life—are given to man as a trust (amÉnah). Hence, man is not the absolute owner of any one of these entities. Even his own body and life have been given to him on trust; hence, he is not allowed to abuse them or harm himself. That is why drug abuse 140

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and suicide are forbidden (ÍarÉm) in Islam. Since human beings have been endowed with the ability to think, rationalize and understand, they must strive to cultivate their potentials in order to qualify as contributors to this process of creation and growth initiated by God. Thus, the underlying principle guiding man’s life and relationships with all the other creatures is that everything in the universe is a trust (amÉnah) from God to man, a trust which the heavens, the earth, and the mountains refused to accept because they were afraid of its heavy burden (33: 72), and as representative of God on earth, man has been assigned to establish a peaceful society and civilization. It is, therefore, clear that the Islamic worldview indicates that vicegerency on earth constitutes a test, which includes how human beings should relate to and interact with the environment. Is it going to be upon divine instructions, or based upon personal desires and conjectures that may lead to the destruction of our environment? Environmental Ethics and Islamic Eco-Theology Environmental ethics are a set of beliefs, values and behaviours, which help preserve the ecological integrity of the earth. The values of ethics are passed from generation to generation through a variety of channels, including formal, informal and other modes of education and learning.15 Environmental ethics impose certain limitations on human conduct with regard to nature. The limitations often take the form of principles, compliance to which is compulsory. Some of these limitations are encoded into laws whose compliance is 15

In 1967, the historian Lynn White Jr. presented a controversial thesis addressing the roots of the ecological crisis: these roots, according to him, were simply to be found in the beliefs of Judo-Christian religions. Man, in the Biblical tradition, White argues, is above nature. He is a special creation of God and has been commanded to have dominion over nature: (to replenish the earth and subdue it and have dominion over the fish of the seas and over the fowl of the air and over every living thing that moves upon the earth.) For details see, White, Lynn Jr., “The Historical Roots of Our Ecological Crisis,” Science 10 March, 1967, Vol. 155, No. 3767.

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obligatory and whose violation incurs punishment.16 In the environmental debate, it has often been argued that what is really needed to solve the present ecological crisis is environmental ethics. Such eco-ethics would provide guidelines towards “right” and “wrong” actions and attitudes towards nature. In general, most eco-ethics presented are extensions of social ethics, i.e. ethics that also include nature and the organisms inhabiting it as moral objects. These ethics aim at giving nature some ‘intrinsic’ value, independent of human utility and appreciation. One of the important aspects in the Islamic eco-ethics is the view of the primordial nature of man (fiÏrah). FiÏrah is considered to be the natural state of man in harmony with nature. The argument that people must “return” to another way of living with an understanding of the interconnectedness of everything in nature, has been proposed by environmentalists. FiÏrah is an idea compatible with this argument. Referring to the behaviour of modern man with nature, Fazlun M. Khalid, Founder Director of the Islamic Foundation for Ecology and Environmental Sciences, Birmingham, UK comments: “…this Islamic mode of expression is severely attenuated, having been swept aside by the forces of history, like the other older traditions, into a domain which treats the natural world exclusively as an exploitable resource. As what we now understand by modernity advanced, as the secular ethic progressively seeped into the Muslim psyche and as industrial development, economic indicators and consumerism became the governing parameters of society, there has been a corresponding erosion of the Muslim perception of the holistic and a withering of its understanding of the sacred nexus between the human community and the rest of the natural order.”17 16

Misra, R. P., “Environmental Ethics and Jurisdiction Relation- ships and Interdependence,” The Indian Journal of Public Administration. JulySeptember, 1996, Vol. XLI, No. 3, p. 557. 17 Khalid, Fazlun M., “Islam and Environment,” in Social and Economic Dimensions of Global Environmental Change, edited by Mr. Peter=

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Earth: Our Habitat: The Qur’Én makes it clear that the earth is our habitat and that we are required to dwell on it and establish a balanced way of life without excesses or deficiencies. The Arabic term iÑmÉr (inhabitation) is very comprehensive and means spreading and settling all over the earth, inhabiting every livable quarter, building and others. In short, it includes every positive activity that would make life on earth prosperous. If an activity diverts humanity from the divine law (SharÊÑah), then it cannot be considered as iÑmÉr. 18 The Qur’Én shows that any attempt to achieve iÑmar and prosperity other than through divine revelation and guidance will certainly lead to destruction:  . &S *  *  $& S) *% W% !$C16    !  
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“Do they not travel through the earth; and see what was the end of those before them? In strength they tilled the soil and populated it in greater numbers than these have done: there came to them their apostles with clear signs, (which they rejected, to their own destruction): it was not God who wronged them, but they wronged their own souls.” (30: 9).

The iÑmÉr of the earth should be in areas and projects that could benefit humanity and not harm it. This means that projects and activities that destroy the environment are excluded. The environment is perceived as the place where signs that prove the existence of God, such as rivers, plants, birds, and countless other creatures, abound. As such, the destruction of the habitat of any species means the extinction of a 'sign' that not only leads people to remember God, but to participate in praising =Timmerman, Encyclopedia of Global Environmental Change, (Chishester: John Wiley & Sons Ltd., Vol. 5, 2002), pp. 332-339. 18 Abu Sway, Mustafa, 2002, “Toward an Islamic Jurisprudence of the Environment” available at URL: .

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God. With just a little imagination, one can see the universe in a constant circle of dhikr (remembrance of God). Excluded, of course, are those whose hearts are not sensitive enough to see the need to join the rest of the universe. The Islamic Way of Protecting the Environment First and foremost, Islam calls for the protection of the human being, an integral and inseparable part of the ecological system. The SharÊÑah specifically calls for the protection of five things pertaining to humans: life, religion, offspring, intellect, and property. Islam has emphasized the sanctity of human life in the strongest possible terms:

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“On that account: We ordained for the Children of Israel that if any person slew a person--unless it be for murder or for spreading mischief in the land--it would be as if he slew the whole people. And if anyone saved a life, it would be as if he saved the life of the whole people…” (5:35).

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“…And make not your own hands contribute to (your own) destruction; but do good; for God loves those who do good.” (2:195).

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Even during war, the essential limits that should not be transgressed are best expressed by AbË Bakr, the first Caliph, in his address to YazÊd Ibn AbË SufyÉn, the commander of the army that went north to Sham [i.e. Greater Syria]: “…And I instruct you [to fulfill the following] ten [orders]: Do not kill a woman, or a child, or an old man; do not cut down fruitful trees; do not destroy [land or housing] in use; do not kill a goat or a camel unless for food; do not flood palm trees [with water] nor burn them down …”19 Thus, the Islamic stand regarding environmental protection is that the life of those who do not engage themselves directly in war should be spared. Protection is also extended to animals and plants; they should not be used as part of collective punishment. The fact that Muslims are subjected to different forms of attacks that range from ethnic cleansing to discrimination in the work place should not be used by them as a pretext to behave in the same way as their enemies: D O >1 & 9J.$3 A   * S $6$% $6f *  ., 
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“O you who believe! Stand out firmly for Allah as just witnesses; and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety; and fear Allah. Verily, Allah is well-acquainted with what you do.” (5:8).

Islam has also enjoined upon Muslims to treat animals well. They are not allowed to kill animals except for food. The latter permission has to be carried out in accordance with the SharÊÑah. To slaughter an animal, one has to use a sharp object that will spare the animal the pain resulting from the use of a blunt object. The protection of animals in Islam also extends to hunting. While hunting is permitted in principle, it may become 19

MÉlik Ibn Anas, al-MuwaÏÏa’ (Narrated by MÉlik from the report of YaÍyÉ Ibn SaÑid in the chapter on JihÉd 918)

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

prohibited depending on the conditions surrounding it. Ibn Taymiyyah, the Hanbalite medieval scholar, said, “hunting out of necessity is permitted; if it is for fun and playing, it is detested; and if it causes injustice to people, by destroying their fields and property, it is prohibited.”20 The following story shows that the Prophet (p.b.u.h.) did not tolerate any “hunting” which was not out of necessity. :=S A & *) A  J&) *& *+ J&) *) J/ *& *+1 *) a A

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×asan bin SaÑd reported that ÑAbdu al-RaÍman bin ÑAbdullah related his father as saying: “We were traveling with the Prophet (p.b.u.h.) when he left [us for a while]; we saw a bird with its two chicks and we took the chicks. [Their mother] started spreading its wings [in protest]. When the Prophet (p.b.u.h.) came [and saw what happened] he said: ‘Who caused her to become bereaved [by taking away] her two children? Return her two children to her!’”21

One can appreciate the position of the Prophet (peace be upon him) much more when one realizes the choice of words used in the ÍadÊth. Instead of chicks [farkhayhÉ], he used children [waladayhÉ], which reflects a very humane perspective. Moreover, one should not take lightly the issue of killing, without any justification, even if the victim is a very small animal or bird. ÑAbdullah Ibn ÑAmr reported that the Prophet (p.b.u.h.) said: ?N) = > *6; * " :=S  A) i 4N &6 *) .">  .6) =7 G) i A0 RD; .n>+ c& .S  D a.%0 .+&  * .^>+" :=S h.^>+  ai =  :=S 20 21

Ibn Taymiyyah, al-FatÉwÉ, vol. 4, p. 619. Narrated by AbË DÉwËd in the Chapter on JihÉd; 2675

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The Prophet (p.b.u.h.) said: “No human being kills a sparrow or [something] larger, without right, except that God will ask him about it (hold him responsible!) on the Day of Judgment” It was said: “O Prophet of God! What is its right?” He said: “Its right is that you slaughter it 22 and eat it, not that you decapitate it and throw it!”

Any unjustified killing of an animal, direct or indirect, is prohibited. There is a great punishment awaiting those who do so. Ibn ÑUmar reported that the Prophet (p.b.u.h.) said: _ "   U_  1&n !) :  A) !A  4 N A  =! =S

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It is also prohibited to set animals against one another. This practice is associated nowadays with gambling. Ibn ÑAbbÉs reported a ÍadÊth in which the Prophet (p.b.u.h.) prohibits this practice. .  [.&1 *& | +  *)   A) !A  4 N A  Q=! 4.6 (J.7 :F % :JJ & *6) The Apostle of Allah (p.b.u.h.) prohibited to provoke the beasts for fighting. (×adÊth, Sunan AbÊ DÉwËd)

Islam also prohibits the cutting or destruction of trees and plants, and encourages people to protect and increase plants for the great reward associated with. The speech of Abu Bakr, that 22

Narrated by al-NasÉ'Ê, 7/207; and by al-×Ékim who stated that it has a sound chain of narrators. His statement was approved by al-MundhirÊ and al-DhahabÊ.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

was mentioned earlier, included the prohibition to destroy trees as an act of vengeance or collective punishment. If this is the status of plants in the Islamic worldview during war, it must be that they “enjoy” a better position during the peaceful times. According to a ÍadÊth: !A  FN '_J  :OS *" :  A) !A  4 N A  Q=! =S (FJ F % :JJ & *6) ."  6   !AL  The Prophet (p.b.u.h.) said: “He who cuts a lot-tree [without justification], God will send him to Hellfire.”

(×adÊth, Sunan AbÊ DÉwËd) The lot-tree grows in the desert and it is very much needed in an area, which has scarce vegetation. Al-QarÌÉwÊ interprets this ÍadÊth in terms of protecting the natural resources and preserving the balance that exists between the creatures in the environment.23 Islam encourages people to plant trees and all useful plants. Indeed, similar to all acts performed in line with the Islamic worldview, this act of planting and growing trees and plants also, when done intentionally for the sake of God, is considered and rewarded as an act of worship. Jabir reported that the Prophet (p.b.u.h.) said: X*16 ;  XO !A16  Q=$%L0 B)G !\G  aBe !M 1c  ! *  " (()‫!ب ا*ار‬,‫ آ‬:‫"!ري‬#‫ ا‬$%&') ".USJN A & !A *% D ; U .& 

“No Muslim, who plants a shoot, except that whatever is eaten or stolen from it, or anyone obtains the least thing from it, is considered almsgiving on his behalf until the Day of Judgment.” (×adÊth, al-BukhÉrÊ)

Protecting the environment from pollution is also indicated in many ÍadÊth. One ÍadÊth states, among other things, that God likes goodness, cleanliness, and generosity. The ÍadÊth ends with a request by the Prophet (p.b.u.h.) asking Muslims to clean their courtyards.24 23 24

Al-QarÌÉwÊ, op. cit., pp. 143-144. Narrated by al-TirmidhÊ, ×adÊth: 2799.

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The message that this ÍadÊth sends is that cleanliness is something good and desirable, and reflects an act of generosity towards the environment. Indeed, if cleanliness is something good, then it should be reflected everywhere. Islam has created a close association between faith and cleanliness, rendering the latter as a part of creed. The Prophet (p.b.u.h.) said: D Q=S .$$6 '_& / /16   $% * ; * *!/ >  's 5 

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“And Allah sends down rain from the skies, and gives therewith life to the earth after its death: Verily in this is a Sign (ayah) for those who listen. And verily cattle too will ye find an instructive Sign. From what is within their bodies, between excretions and blood, We produce, for your drink, milk, pure and agreeable to those who drink it. And from the fruit of the date palm and the vine, ye get out wholesome drink and food: behold, in this also a Sign for those who are wise. And thy Lord taught the bee to build its cells in hills, on trees, and in men’s habitations; Then to eat of all the produce of the earth, and find with skill the spacious paths of its Lord; there issues from within their bodies a drink of varying colours, wherein is healing for men. Verily in this is a Sign for those who give thought.” (16:65-69).

The Environment and the Objectives of SharÊÑah: Looking at the original five objectives of the SharÊÑah, it can well be argued that protection of the environment is a major aim, for if the condition of the environment keeps deteriorating, there will ultimately be no life, no property and no religion. The destruction of the environment prevents human beings from fulfilling the duties as vicegerents on earth. Indeed, the very existence of mankind is at stake here. Excessive pollution might lead to sterility, deformities, abortion and chronic diseases. As far as protecting the mind or reason, the highly polluted industrial cities may not see the sun for many days, which may result in deep depressions affecting a person's ability to think and reason properly. Certain radiation might also destroy the brain. Attempts to protect properties may also be futile in the context of a highly polluted environment. There are already many rivers and lakes that are considered dead with no marine life. This is a direct result of acid rain, which also destroys forests. These forests and water sources form the natural habitat of many species; their death means the possible extinction of some of the Signs that indicate the existence of Allah (s.w.t.). To consider the protection of the environment as one of the major aims of the SharÊÑah will hopefully enable the neomodel of Islamic civilization a chance to be advanced as an

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alternative to the already existing Western model, which is the primary source of pollution. Adopting this position makes it imperative for Muslim governments to establish laws for the protection of the environment and implement them.

156

CHAPTER ELEVEN RIBÓ AND ISLAMIC FINANCING: SOME ISSUES AND IMPLICATIONS What is ribÉ? Why does Islam prohibit it? Is bank interest ribÉ? How can we live without interest? This chapter tries to answer these and similar questions. RibÉ has increasingly become a recurring issue as different interpretations are given to its meaning and Ñillah (cause or reason). Such interpretations also give different implications to economic activities in Islam. Besides providing an exposition of different issues related to ribÉ, the chapter outlines the concept and functions of Islamic Banks and their sources and uses of funds. It also briefly discusses a few basic Islamic financial products such as muÌÉrabah, mushÉrakah, murÉbaÍah, bayÑ mu’ajjal, bayÑ salam, ijÉrah, and qarÌ Íasan that are presently being used as modes of financing in Islamic banking. Islamic Insurance (TakÉful), and life insurance from an Islamic perspective are also dealt with briefly. Finally, the characteristics of different types of cards issued by institutions and the SharÊÑah rulings thereon also find a place in our discussion in order to have some insight into the Islamic position on these contemporary issues. The Meaning of RibÉ RibÉ is an Arabic word which literally means “increase,” “addition,” “expansion or growth,” but it has a negative connotation in that it refers to a type of increase or growth that Islam has prohibited. As a SharÊÑah term, the most common type of ribÉ refers to the premium that must be paid by the

Ethics and Fiqh for Everyday Life: An Islamic Perspective

borrower to the lender along with the principal amount as a condition for the loan or for an extension in its maturity.1 In the terminology of the Qur’Én, it signifies any unlawful addition, by way of interest, to a sum of money or goods lent by one person or body of persons to another.2 RibÉ has also been defined as every increase, which is without ÑiwaÌ or countervalue.3 Therefore, ribÉ is earned when a man or institution lends its capital to another on the condition that after a certain time it would charge a fixed amount of money in addition to its capital. This additional amount, which is ribÉ (interest), is a consideration not of any labor or commodity, but of the time for which the principal has been borrowed. While the Qur’Énic condemnation of the concept and practice of ribÉ unambiguous and final, every successive Muslim generation is faced with the challenge of giving new dimensions and a fresh economic meaning to this term which, for want of a better word, may be rendered as “usury”,4 or interest. Forms of RibÉ There are two types of ribÉ, namely ribÉ al-nasÊ’ah and ribÉ alfaÌl. 1. RibÉ al-NasÊ’ah RibÉ al-nasÊ’ah refers to the time allowed to the borrower to repay the loan in return for addition. NasÊ’ah is related to the verb nasa’a, meaning to postpone, defer or wait. It makes no difference whether the return is a fixed or a variable percentage of the principal, an absolute amount to be paid in advance or on 1

Fuad al-Omar & Mohammed Abd el-×aq, Islamic Banking: Theory, Practice & Challenges, (Oxford University Press, Karachi, 1996), p. 8. 2 See Muhammad Asad, Road to Mecca (Islamic Book Trust, Kuala Lumpur, 1996). See also Imran N. Hosein, The Prohibition of RibÉ in the Qur’Én and Sunnah, (Kuala Lumpur: Ummavision Sdn. Bhd., 1997), p. 22. 3 Fuad al-Omar & Mohammed Abdel-Haq, Islamic Banking: Theory, Practice & Challenges, (Karachi: Oxford University Press, 1996), p. xvi. 4 See Muhammad Asad, The Message of the Qur’Én, (Gibraltar: Dar alAndalus, 1980), Fn. No. 35. (al-Qur’Én, SËrah al-RËm, 30: 39).

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maturity, or a gift or service to be received as a condition for the loan. This leaves no room for arguing that ribÉ refers to usury and not interest.5 2. RibÉ al-FaÌl Islam seeks to eliminate all kinds of exploitation not only through interest, but also through any form of dishonest and unjust exchanges in business transactions. All the various types of unjust transactions are categorized under ribÉ al-faÌl. It refers to the ribÉ encountered in hand-to-hand purchases and sale of commodities. It covers all spot transactions involving cash payment on the one hand and immediate delivery of the commodity on the other. The discussion on ribÉ al-faÌl arose from the ÍadÊth requiring that if gold, silver, wheat, barley, dates and salt are exchanged against themselves, they should be exchanged on the spot and be equal and alike. Given the wide use of gold and silver as commodity money, the general conclusion is that all commodities used as money are placed in the category of ribÉ al-faÌl. With respect to the other four items there is a difference of opinion.6 The fourth and most recognized opinion is that all the six commodities were used as money in and around Madinah, particularly among the Bedouins; therefore, ribÉ alfaÌl would be involved in the exchange of any good against cash or any commodity used as money. RibÉ through History RibÉ in the Greek Period One of the oldest researches on usury is that of the ancient Greeks. Lending money at interest was condemned by Greek philosophers.7 According to Aristotle (d. 322 B.C.), the sole object of the use of money was to facilitate exchange, and the fuller satisfaction of human wants. It could not be used as the source of accumulation by way of interest. So accumulating 5

Islamic Banking, pp. 8-9. Ibid., p. 9. 7 Anwar Iqbal Qureshi, Islam and the Theory of Interest, (Lahore: Sh. Muhammad Ashraf, 1974), p. 6. 6

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money at interest was the most unnatural of all the ways of making money. For Aristotle, “a piece of money cannot beget another piece”; the obvious conclusion was that interest was unjust.8 Plato (d. ca 347 BC) also condemned interest.9 RibÉ in the Roman Empire In its early stages, the Roman Empire prohibited the charging of any interest, but gradually with the extension of the Empire and the rise of the trading classes, interest appeared. However, severe restrictions were imposed on rates of interest, which were strictly regulated. The Romans were the first nation to enact laws for the protection of debtors.10 RibÉ in the Middle Ages Payment of interest on money-loans was named usury in the Middle Ages, and the charging of usury was strictly prohibited by the common Laws.11 A great scholastic thinker such as Thomas Aquinas (d. 1274) was of the opinion that to take usury for money lent is unjust in itself, because the act is equivalent to selling what does not exist. However, by the end of the 13th century, several factors appeared which considerably undermined the influence of the Orthodox Church. Leaders of the reformist group, including Luther (d. 1546) agreed to the charging of interest on the plea of human weakness. With the gradual decline in the power of the church and the rise of the secular power, the lending out on interest began to be tolerated. According to Bacon (d. 1626), “since of necessity men must give and take money on loan and since they are so hard of heart that they will not lend it otherwise, there is nothing for it but that interest should be permitted.”12 8

Aristotle, Politics, Book 1, Chapter X., See also Islam and the Theory of Interest, p. 6. 9 Plato, Laws, Book V. See also Islam and the Theory of Interest, p. 6. 10 See Islam and the Theory of Interest, p. 6. See also Lewis Henry, History of Economic Thought, (New York: The Macmillan Company, 1920). 11 Islam and the Theory of Interest, p. 7. 12 Francis Bacon, Discourses on Usury See also Islam and the Theory of Interest, p. 8.

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RibÉ in the Mercantilist Era (1500-1700 CE) Once the rule regarding the charging of interest was relaxed, it no longer remained possible to control the rates of interest. It was in this period that money began to be used on a large scale for commercial transactions and exchange began to replace barter. The entire policy of states was directed towards the accumulation of money, gold and silver. Money began to be identified with capital. Money to the mercantilists became a factor of production on the same footing as land. Interest on capital was regarded as the payment for the renting of money, similar to the rent of land.13 Prohibition of RibÉ in Earlier Scriptures It is worth noting that, besides the Qur’Én, earlier scriptures before Islam had also prohibited usury. The Qur’Én (4:161) reminded the Jews that their scriptures had prohibited usury. This prohibition is still available in the Bible. The following excerpts may be quoted with advantage: “Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of anything that is lent upon usury.” [Deuteronomy 23:19] “He that by usury and unjust gain increaseth his substance, he shall gather it for him that will pity the poor.” [Proverbs 28:8] “Then I consulted with myself, and I rebuked the nobles, and rules and said unto them, Ye exact usury, every one of his brother. And I set a great assembly against them.” [Nehemiah 5:7]

13

E. F. Heckscher, Mercantilism, (New York: the Macmillan Company, Vol. 2, 1956), p. 200. See also Islam and the Theory of Interest, p. 10. Mercantilism refers to the theory and system of political economy prevailing in Europe after the decline of feudalism, based on national policies of accumulating bullion, establishing colonies and a merchant marine, and developing industry and mining to attain a favourable balance of trade.

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“And Jesus went into the temple of God and cast out all those who sold and bought in the temple, and overthrew the tables of the money-changers (who were ripping-off the people through ribÉ)…and said unto them: It is written; my house shall be called the house of prayer, but you have made it a den of thieves.” [Gospel of St. Mathew:-21:12-3]

In these Biblical excerpts, the word “usury” is used refer to any amount claimed by the creditor over and above the principal advanced by him to the debtor. The word ribÉ used in the Qur’Én carries the same meaning as drawn from sËrah al-NisÉ’, which explicitly mentions that ribÉ was also prohibited for the Jews. Stages of Prohibition of RibÉ in the Qur’Én The institution of ribÉ had become part and parcel of the economic system of the people of Arabia in the pre-Islamic days—as is also as the case today. Allah, the most Wise, revealed His commandments about the prohibition of ribÉ in stages (like that of the prohibition of alcohol) so that it might not upset the economic life of the people and cause unnecessary inconvenience and hardship to them. The stage-by-stage divine method of dealing with ribÉ in the Qur’Én consists of three distinct stages: Stage One: Education concerning the evils of ribÉ, but with no legislation prohibiting ribÉ; the language used was mild, and its basic purpose was to teach.14 Stage Two: Legislation prohibiting ribÉ, while yet refraining from retro-active enforcement of the legislation; the process of education continued; the believers were expected to be able to recognize the evils of ribÉ.15 Stage Three: Retro-active enforcement of the legislation prohibiting ribÉ through sanctions for waging war to eradicate ribÉ and debt relief.16 14

Imran N. Hosein, The Prohibition of RibÉ, pp. 41-42. Ibid. 16 Ibid. 15

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RibÉ and Islamic Financing: Some Issues and Implications

Injunctions on RibÉ in the Qur’Én The first injunction of the Qur’Én stresses that ribÉ does not increase individual or national wealth, but quite the opposite, it decreases wealth.  A  J16 ) !& ( M 6 =   !&  B&  *  $  f 
-*$? /  '?) 49 SharÊÑah Standards: The full text of SharÊÑah Standards as at Rabi’ l 1425 [Manama, Bahrain: Accounting and Auditing Organization for Islamic Institutions -AAOIFI, 2004.), 20-23. The write-up hereinafter referring to these three types of card has been extracted verbatim (for the sake of authenticity) from this book.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

e.

Some institutions charge the party accepting payment by means of the card a commission calculated as a percentage of such payments.

Charge Card a. The card provides a credit facility up to a certain ceiling for a specified period of time, as well as providing a means of repayment. b. The card is used to pay for goods and services and to obtain cash. c. This card does not provide revolving credit facilities to the cardholder, insofar as the cardholder is obliged to make payment for the purchased goods or services by the end of a prescribed credit period following receipt of a statement sent by the institution issuing the card. d. If the cardholder delays payment of the amount due beyond the period of free credit, an interest charge is imposed on the cardholder but none is imposed by the institutions. e. The institution issuing the card does not charge the cardholder any percentage commission on purchases, but receives a percentage commission from the party accepting the card on purchases made by using the card. f. The institution issuing the card is obliged to pay the party accepting the card for purchases made by the cardholder, within a specified transaction credit limit (or the agreed increase thereon). This obligation on the card issuer to pay for the cardholder’s purchases is direct, and is independent of the relationship between the party accepting the card and the cardholder. g. The institution issuing the card has a personal and direct right against the cardholder to be reimbursed for any payments made on his behalf. The issuer’s right is absolute and independent of the relationship between the cardholder and the party accepting the card in accordance with the contract between them.

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RibÉ and Islamic Financing: Some Issues and Implications

Credit Card a. The card provides a revolving credit facility within the credit limit and credit period determined by the issuer of the card. It is also a means of payment. b. The holder of a credit card is able to pay for purchases of goods and services and to withdraw cash, within the approved credit limit. c. When purchasing goods or services, the cardholder is given a free credit period during which the amount due should be paid and no interest is chargeable. The cardholder is also allowed to defer paying the amount due and is charged interest for the duration of the credit. In the case of a cash withdrawal, there is no free credit period. d. The institution issuing the card does not charge the cardholder any percentage commission on purchases, but receives a percentage commission from the party accepting the card on purchases made by using the card. e. The institution issuing the card is obliged to pay the party accepting the card for purchases made by the cardholder, within a specified transaction credit limit (or the agreed upon increase thereon). This obligation on the card issuer to pay for the cardholder’s purchases is direct, and is independent of the relationship between the party accepting the card and the cardholder. f. The institution issuing the card has a personal and direct right against the cardholder to be reimbursed for any payments made on his behalf. The issuer’s right is absolute and independent of the relationship between the cardholder and the party accepting the card in accordance with the contract between them. The SharÊÑah’s Rulings for Different Types of Card Debit Card It is permissible for institutions to issue debit cards, as long as the cardholder does not exceed the balance available on his account and no interest charge arises out of the transaction.

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Charge Card It is permissible for institutions to issue charge cards on the following conditions: a. The cardholder is not obliged to pay interest in the case of delay in paying the amount due. b. If the institution obliges the cardholder to deposit a sum of money as a guarantee and this amount is not available for the use of the cardholder, then it must be made clear that the institution will invest the money for the benefit of the cardholder on the basis of MuÌÉrabah and that any profit accruing on this amount will be shared between the cardholder and the institution according to a specified percentage. c. The institution must stipulate that the cardholder may not use the card for purposes prohibited by the SharÊÑah and that the institution has the right to withdraw the card in case such a condition is violated. Credit Card It is not permissible for an institution to issue credit cards that provide an interest-bearing revolving credit facility, whereby the cardholder pays interest for being allowed to pay off the debt in installments.

186

CHAPTER TWELVE CONTEMPORARY BIOMEDICAL ISSUES: AN ISLAMIC PERSPECTIVE This chapter examines some of the most controversy and complex contemporary biomedical issues, which have preoccupied religious thinkers as well as legal and medical experts. These issues include contraception, infertility, artificial insemination, surrogate parenthood, abortion, plastic surgery, euthanasia, organ transplantation, trans-sexualism and milk bank. An attempt is made to look very briefly at the legal and moral aspects of these issues within the context and scope of Islamic faith and ethics. This study is important as well as relevant as it touches upon issues, which affect Muslims globally. Biomedical1 technology, one of the branches of modern science, is a tangible reality that can neither be underestimated nor overlooked. Much research has been done and is still being carried out in this domain. This study evaluates the legitimacy of some of the biomedical issues in light of Islamic ethics,2 which is a part and parcel of SharÊÑah3. 1

Of, relating to, or involving biological, medical, and physical sciences. In Islam, ethics is inseparable from religion and is built entirely upon it. The Islamic mind knows no pair of contraries such as ‘religious-secular,’ ‘sacred-profane,’ ‘church-state’ etc. 3 The SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to Prophet Muhammad (p.b.u.h.), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ alTaÑrÊf bi al-Fiqh al-IslÉmÊ, Beirut, 1968, p. 28. 2

Ethics and Fiqh for Everyday Life: An Islamic Perspective

Scope of Biomedical Technology The scope of biomedical technology is immense and affects a wide range of issues, such as: 1. Population control through the means of contraceptive devices, sterilization programs, and others; 2. The termination of life through abortion, euthanasia; 3. The prolongation of life through the means of organ transplantation, artificial organs, respirators, cardiac pacemakers; 4. Gender pre-selection and sex-change operations; 5. Improving the quality of life through the means of genetic screening4, genetic engineering,5 artificial insemination, and sperm banks; 6. Coping with fertility problems through the techniques of test-tube fertilization, the use of ‘surrogate mothers’ and ova banks; 7. Experiments involving human beings; 8. The controlling of behaviour by physical means such as psychosurgery or by psychotherapeutic drugs.6

4

Genetic screening means testing for genetic disorders. Most commonly, prospective parents of an embryo or fetus are tested when a specific genetic disorder is suspected. In such a case, genetic screening begins with a complete medical history of both parents. If the parents decide to conceive or have already conceived, diagnostic tests can be performed on the fetus to detect various genetic disorders. In the case of a positive finding, the parents can elect to abort the fetus. Embryo biopsy, another diagnostic test, can be used on an embryo conceived by in-vitro fertilization to determine if the embryo is free of certain genetic diseases before it is implanted in the uterus. As researchers identify more genetic markers for diseases and develop blood tests for them, concern has arisen over the use of such tests to deny people health and life insurance, employment, and the like. 5 Genetic engineering refers to the use of various methods to manipulate the DNA (genetic material) of cells to change hereditary traits or produce biological products. 6 Abul Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective, (Kuala Lumpur: A. S. Noordeen, 1988), pp. 16-17.

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Contemporary Biomedical Issues: An Islamic Perspective

Let us now examine some of these issues: Contraception Contraception may be defined as the measure undertaken to frustrate the possibility of the birth of children.7 Hence, such a measure implies the non-fulfilment of one of the purposes of marriage, namely procreation of the human species.8 In deciding whether a particular issue is ÍalÉl (lawful), ÍarÉm (unlawful), mubÉÍ (permissible or proper), makrËh (blameworthy or improper), mandËb (desirable or recommended), the jurists resort to the Qur’Én for guidance. If they do not find therein an explicit statement applicable to the issue in question, they turn to the ×adÊth or Sunnah of the Prophet for enlightenment. The Qur’Én, does not make any categorical statement in favour of or against contraceptions as such. But, it condemns infanticide which was generally restricted to female infants in pre-Islamic Arabia. The Qur’Én states: !.1 S * ; $% ; !.$SG! 6 !*+6 ( ; 13 $%JD $$ 1> D


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The purpose of using contraceptions is to control the timing of births with the intent of distancing the occurrences of pregnancy or to delay it for a specific amount of time for different reasons. 7 8

Ibid., p. 51. The purpose of marriage in Islam is multi-dimensional. It is regarded as a commendable act, a means to curb illicit sexual relations, a bond of mutual love between the husband and wife, and enables human procreation.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

Islam encourages married couples to have children. For example, it is reported that the Prophet (p.b.u.h.) said: ‫!ب‬,‫ آ‬:‫ َُ! !. 60% ! &1Q  a  A) !A 

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Anas bin MÉlik narrated: “A group of three men came to the houses of the wives of the Prophet (p.b.u.h.) asking how the Prophet (p.b.u.h.) worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said: ‘Where are we from the Prophet (p.b.u.h.) as his past and future sins have been forgiven.’ Then one of them said: ‘I will offer the prayer throughout the night forever.’ The other said: ‘I will fast throughout the year and will not break my fast.’ The third said: ‘I will keep away from the women and will not marry forever.’ Allah’s Apostle came to them and said: ‘Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of

190

Contemporary Biomedical Issues: An Islamic Perspective

Him than you; yet I fast and break my fast, I sleep and I marry women. So, he who does not follow my tradition in religion, is not from me (not one of my followers).’” (×adÊth, al-BukhÉrÊ)

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The contraceptive method that was practiced during the lifetime of the Prophet (p.b.u.h) is known as al-Ñazl, which means, among others, removal, detachment, setting aside, and isolation.9 Technically speaking, it refers to “the process of withdrawal by the man at the time of emission to prevent insemination of the ovum.”10 ImÉm al-ShawkÉnÊ11 has compiled all the AÍÉdÊth dealing with Ñazl and only one of them is quoted here.

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Hans Wehr, A Dictionary of Modern Written Arabic, edited by J. Milton Cowan, (Beirut: Librairie Du Liban, 1974). 10 Akhtar Hameed Khan, “Islamic Opinion on Contraceptives,” in Muslim Attitudes toward Family Planning, edited by Olivia Schieffelin, (New York: The Population Council, 1973), p. 62. Cf. Abu Fadl Mohsin…p. 53. 11 MuÍammad bin ÑAlÊ bin MuÍammad al-ShawkÉnÊ, Nayl al-AwÏÉr, (Cairo: Maktabah DÉr al-TurÉth, n.d.), Part 5, pp. 195-196.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

JÉbir (r.a.) narrated: “We used to practice Ñazl in the Prophet’s (saw) lifetime while the Qur’Én was being revealed.” In another version of the same ÍadÊth, “We used to practice Ñazl during the Prophet’s (p.b.u.h.) lifetime and he was informed about this and he did not forbid us.” (×adÊth, Muslim)

The five schools of Islamic law12 in passing their judgement on the issue of Ñazl derived guidance from the AÍÉdÊth dealing with the matter since there was no express text of the Qur’Én on the issue. They hold Ñazl (coitus interruptus) to be permissible (mubÉÍ) but consider it to be a blameworthy (makrËh) practice because the act deprives the woman the right to experience sexual fulfilment and to have children.13 There is a ×adÊth, which states that “actions are judged according to intentions.”14 We have seen that Ñazl is regarded as an undesirable practice. But in cases where the life of the mother is threatened if she does become pregnant, or if repeated pregnancies weaken her body, then in such cases practicing Ñazl would be necessary, and the juristic principle of the ‘rule of necessity’ would sanction the practice in order to save the life of the woman or her health. Among traditional scholars, ImÉm al-GhazÉlÊ dealt with the question of the acceptable reasons for the practice of Ñazl. He stated that practicing Ñazl would be justified if it was done for the sake of protecting the wife’s life from the risk of childbirth, or if one fears of excessive hardship (kathrah alÍaraj) because of an excess of children or genuine financial difficulty.15 Among the modern scholars who have laid down genuine reasons for contraception is Shaykh AÍmad al-Sharabassi of 12

×anafÊ, MÉlikÊ, ShÉfiÑÊ, ×anbalÊ, and JaÑfarÊ. Ibn Qayyim al-Jawziyyah, ZÉd al-MaÑÉd (Egypt: MaÏbaÑah MuÎtafÉ alBÉbÊ al-HalabÊ wa AwlÉduhu, 1960), part 4, p. 21. 14 Muhammad ibn IsmÉÑÊl, ØaÍÊÍ al-BukhÉrÊ, (Cairo: DÉr al-ShaÑb, n.d.), 3vols., “KitÉb al-NikÉÍ,” Part 7, p. 4. 15 AbË ×Émid MuÍammad al-GhazÉlÊ, IÍyÉ’ ÑUlËm al-DÊn, (Cairo: alMaÏbaÑah al-Azhariyyah al-MiÎriyyah, 1302 AH), vol. 2, p. 52. 13

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Egypt.16 He states that contraception is valid in the following circumstances: 1To give the woman a chance to rest between pregnancies. 2If either or both partners have a disease, which can be transmitted. 3To safeguard the woman’s health. 4If the husband’s finances are insufficient to support more children. Of the acceptable reasons put forth by the scholars, the ones relating to the consideration of the life and health of the wife are certainly tenable. In this regard, the juristic rule of necessity would make the use of contraceptive devices an obligation. Strictly speaking, their other reason, which is based on financial consideration may not hold much weight. It can be said in conclusion that though the Qur’Én does not specifically make any explicit reference to contraception as such, there are scholars who have inferred from a number of its verses, especially with those dealing with infanticide, and concluded that family planning for economic reasons would not be sound, for it would negate one’s belief in the fact that Allah (s.w.t.) is the Provider. It is also argued that contraception can in no way be likened to infanticide. Infanticide is the actual murder of children already in existence, while the very aim of contraception is to prevent fertilization taking place. The ÍadÊth is clearer on the issue, and it is evident that the Prophet (p.b.u.h.) in no way forbade the Muslims to practice Ñazl.17 Contraceptive Methods Modern biomedical sciences have devised new techniques or methods of contraception. Some of these methods are meant for use among males while others for females. Such methods may be categorized under reversible and irreversible methods. Reversible methods are such that they are not of a permanent 16

17

Ahmad al-Sharabassi, “Islam and Family Planning,” in Muslim Attitudes toward Family Planning, edited Olivia Schieffelin, (New York: The Population Council, 1973), pp. 110-111. Abu Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective …p. 42.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

nature. These include among others, withdrawal (Ñazl), spermicide18, condom19, diaphragm20, intra-uterine device (I.U.D.: e.g., loop, coil, etc.), pills, and injection. Irreversible methods include vasectomy,21 tubal ligation,22 and hysterectomy.23 The ÑUlamÉ’ unanimously agree that it is not permissible to make use of any device which might permanently incapacitate a person to procreate regardless of whether such a person be a man or a woman, whether such use followed the consent of one or both spouses.24 The irreversible methods of sterilizing25 men and women, therefore, are not permissible. They contradict the goals of the SharÊÑah, which upholds the institution of marriage for the primary purpose of procreation. Also, they come within the scope of altering the true nature of things as created by Allah (s.w.t.). Such methods can only be prescribed by a medical doctor for his patient, if in his good judgment, pregnancy would be hazardous to the woman’s physical or mental health.26

18

Spermicide: Spermicide A contraceptive agent that kills spermatozoa. Condom: Condom A contraceptive device consisting of a sheath of thin rubber or latex that is worn over the penis during intercourse. 20 Diaphragm: Diaphragm A contraceptive device consisting of a thin flexible disk, usually made of rubber, that is designed to cover the uterine cervix to prevent the entry of sperm during sexual intercourse. 21 Vasectomy: Vasectomy Surgical removal of all or part of the vas deferens, resulting in sterility in men. Vas deferens is the duct that transports the sperm from the epididymis to the penis. 22 Tubal Ligation: Ligation A method of permanent sterilization for women, involving the surgical sealing of the fallopian tubes to prevent the ovum from passing from the ovary to the uterus. 23 Hysterectomy: Hysterectomy Surgical removal of all or part of the uterus. 24 MuÍammad SaÑÊd RamaÌÉn al-BuÏÊ, TaÍdÊd al-NaÎl (Damascus: Maktabah al-FÉrÉbÊ, 1976), p. 33. 25 Sterilization: Any of various surgical procedures intended to eliminate the capacity to reproduce in humans or animals. 26 Abul Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective, pp. 71-72. 19

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ÑAbdullah bin ‘Umar (r.a.) said: “We used to participate in jihÉd with the Prophet (p.b.u.h.) and we had no wives with us. So we said [to the Prophet (p.b.u.h.)]. ‘Shall we castrate (sterilize) ourselves?’ But, the Prophet (p.b.u.h.) forbade us from doing that, and after that he allowed us to marry a woman by giving her even a garment, and then he recited: ‘O you who believe! Do not make unlawful the good things which Allah has made lawful for you. (al-MÉidah: 87)’ ” (×adÊth, al-BukhÉrÊ)

To conclude, it may be argued that contraceptions should not be made as a general policy of a Muslim community as it may be exploited by anti-Muslims to affect Muslim communities and turn them to minorities. Further, contraceptions should not be imposed on anyone by anyone, as it is the absolute right of everyone to have children. Moreover, contraceptions should be practised only with the consent of both sides: the husband and wife. Birth Control In a resolution concerning birth control, the council of the Islamic Fiqh academy, holding its fifth session in Kuwait city (State of Kuwait), from December 5 to 10, 1988 resolved that:

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

12-

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It is not permissible to issue a general law restricting the freedom of a married couple on the issue of procreation. It is strictly forbidden by religion to deprive a man or woman of his or her physical capacity to procreate, known as sterilization, except in cases of necessity according to the criteria set by SharÊÑah. It is permissible to control procreation temporarily in view of spacing the pregnancy periods or to interrupt it for a fixed duration in case of necessity recognized by SharÊÑah; this should be done at the discretion of the married couple according to their mutual agreement and after consultation, provided that no prejudice is caused, and that the method to be used is legal, without causing any harm to an ongoing pregnancy.27

Sanctity of Life Islam places a great emphasis on the sanctity of life starting from the womb to the grave. Every life has its sanctity. There is no difference between the life of a foetus28, a young person, an aged person and a terminally ill one. There are a number of verses in the Qur’Én, which testify to this. For example:

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“If anyone killed a person, unless it is for murder or spreading mischief on earth, it would be as if he killed all of mankind. And if anyone saved a life it would be as if he saved the lives of all mankind.” (5:32)

27

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See Resolution No. 39 (1/5) concerning birth control in the Resolutions and Recommendations of the Islamic Fiqh Academy, 5th Session held in Kuwait city (State of Kuwait), from December 5 to 10, 1988. Foetus: Foetus In humans, the unborn young from the end of the eighth week after conception to the moment of birth, as distinguished from the earlier embryo.

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Contemporary Biomedical Issues: An Islamic Perspective

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ÑAbdullah bin MasÑËd, may Allah be pleased with him, reported: Allah's Messenger (p.b.u.h.) said: “Verily the constituents of one of you are collected for forty days in his mother's womb in the form of blood, after which it becomes a clot of blood in another period of forty days. Then it becomes a lump of flesh and forty days later Allah sends His angel to it with instructions concerning four things, so the angel writes down his livelihood, his death, his deeds, his fortune and misfortune. By Him, besides Whom there is no god, that one amongst you acts like the people deserving Paradise until between him and Paradise there remains but the distance of a cubit, when suddenly the writing of destiny overcomes him and he begins to act like the dwellers of Hell and thus enters Hell, and another one acts in the way of the dwellers of Hell, until there remains between him and Hell a distance of a cubit that the writing of destiny overcomes him and then he begins to act like the people of Paradise and enters Paradise.” (×adÊth, al-BukhÉrÊ and Muslim)

Some others are of the opinion that the inviolable life of the embryo starts forty days after the fusion of the sperm and the egg. Their proof is the aforesaid ÍadÊth reported by ÑAbdullah ibn MasÑËd, in which it is stated that the soul is breathed into the embryo’s body forty days after fertilization takes place. This version of ÍadÊth is supported by some other aÍÉdÊth narrated by al-BukhÉrÊ and Muslim, in which the period is said to be around 40 days. Some others are of the opinion that the 199

Ethics and Fiqh for Everyday Life: An Islamic Perspective

inviolable life starts once the embryo implants itself in the lining of the womb, a few days after the fusion of the sperm and the egg. Other scholars are of the opinion that the inviolable life starts once the sperm fuses the egg and the product of their fuse gets ready to receive life. Abortion: Lawful or Unlawful? There are different opinions of Muslims scholars regarding the lawfulness and unlawfulness of abortion. Firstly, a few scholars from four different madhÉhib (the four major Islamic juristic schools of thought) argue that abortion can be carried out before 120 days. This opinion seems to be based on the assumption that no life exists before 120 days since the soul is breathed only after 120 days. Modern science, however, shows that there is a kind of life, even though it is not a complete life, as modern equipment enables doctors to hear foetal heartbeats by the eighth week. Secondly, some scholars are of the opinion that abortion before 120 days is reprehensible (disapproved). Thirdly, some other scholars are of the opinion that abortion before 40 days is permissible but is ÍarÉm after 40 days. However, the opinion of the majority of scholars, which is the preferred one according to the four madhÉhib, is that abortion after the beginning of pregnancy is forbidden other than for some justifiable reasons, such as the pregnancies are the result of rapes and incests. The difference between contraception and abortion is that contraception is to avoid pregnancy; there is no assault or crime against an existent human being, while abortion is a direct assault against the life of an existing human being. *1% 13! D * 4) 56/ &! $6 LK!1 597  ; , & 6 ., 
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“O you Prophet: When believing women come to you to give you their pledge not to associate anything with Allah in worship, that they shall not steal, that they shall not commit adultery, that they shall not kill their children, that they shall not utter slander, intentionally

200

Contemporary Biomedical Issues: An Islamic Perspective

forge falsehood, and that they shall not disobey you in any just cause, then accept their pledge and pray to Allah for their forgiveness, for Allah is Most Forgiving Most merciful.” (60:12)

According to the majority of scholars, if the matter aborted is in the form of human being when the organs have started to appear or when the specialists confirm that the matter aborted is an embryo or pre-embryo, the person who aborts has to pay ghurrah (1/20 of diyyah = 75 dirhams. 1 dirham = 31 gold grams). If the matter aborted is still in the form of blood, the person who aborts will not be required to pay ghurrah. There may be a punishment as imposed by law or a judge for the assault on the mother. According to ImÉm MÉlik, a person who aborts is required to pay ghurrah even if the matter aborted is still in the form of blood. All scholars unanimously agree that abortion is forbidden. Deliberate abortion, after the soul has been breathed into the foetus after 120 days is a crime against a living human being. This includes the cases when the foetus is a result of unlawful sexual intercourse (zinÉ), rape or incest. Although this foetus is the result of a crime, the foetus will not be held responsible for the crime of his parents or one of them. He is a distinct human being with full rights; thus, his life should be respected and preserved like the life of others. The punishment of Abortion after 120 days a) When the foetus is aborted alive with any visible symptoms of life: The case will be dealt with as an act of manslaughter. The person responsible for this abortion will be subject to the following kinds of punishment: Religious punishment: KaffÉrah (to free a slave, or to fast for 2 consecutive months). -

Legal responsibility: full blood money (diyyah) in addition to a punishment imposed by law or the judge if abortion is caused by an assault on the mother.

201

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When the foetus is delivered dead: Legal responsibility: ghurrah should be paid which is equal to 1/20 (5%) of blood money (diyyah) in addition to a punishment as imposed by law or the judge if abortion is caused by an assault on the mother.

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“Each soul earns only on its own account, and no one shall bear the burden (sins and wrongdoing) of another; then to your Lord is your return, so He will inform you of that in which you differed.” (6:164)

It may be argued that that there are no Qur’Énic verses that relate directly to the issue of abortion. It is established from the general teachings of the Qur’Én and the Sunnah, however, that life in whatever form is to be preserved and is not to be destroyed except for a valid cause or reason. When abortion may be allowed? Abortion would be legitimate if the mother has a health condition that makes the continuation of pregnancy a danger to her life. When a reliable medical source gives a proof indicating that continued pregnancy, even after the confirmation of the existence of life, would definitely lead to the mother’s death, abortion would be permissible on the legal maxim: “The lesser evil is to be perpetrated.”

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Infertility Biomedical science has succeeded in pointing out that infertility30 may be caused by certain ‘defects’ either in the wife or husband. 1. 2.

The Male Factor: Male infertility may be due to the abnormality of the sperm in the sense that there is a low sperm count and poor sperm movement.31 The Female Factor: Female infertility may result from the absence of or a blockage of the fallopian tubes. Another problem may be associated with the failure to ovulate, in which case no egg emerges from the ovary. It may also be that the female is allergic to the proteins contained in the semen. Sometimes, the female may be born without a uterus and fertility in such a case is virtually impossible.32

Overcoming Infertility through Biomedical Possibilities In order to assist a couple to overcome infertility and become parents, biomedical science has devised certain ways and means. Some of these possibilities are summarized as follows:33 Artificial insemination: Artificial insemination involves using the husband’s or a donor’s sperm to impregnate a woman. A physician introduces sperm into the woman’s uterus where it is hoped, it will fertilize the awaiting ovum. The sperm may be fresh or supplied from a sperm bank, where semen is frozen and stored.34 According to the Council of the Islamic Fiqh Academy, which held its third session in Amman (Jordan) from October 11 to 16, 1986, there 30

Infertility: Infertility the state of being unable to produce off-springs; in a woman it is an inability to conceive; in a man it is an inability to impregnate. 31 Robert H. Glass and Ronald J. Ericsson, Getting Pregnant in the 1980s, (California: University of California Press, 1982), pp. 41-42, passim 47. 32 Ibid., p. 12, passim 20, 29. 33 Paul D. Simmons, Birth and Death: Bioethical Decision–Making, (Philadelphia: The West Minster Press, 1986), pp. 160-163. See also Abul Fadl Mohsin Ebrahim, Biomedical Issues: Islamic Perspective, pp. 93-97. 34 Ibid., p. 95.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

are seven (7) known methods used nowadays for artificial insemination. The first five (5) methods are all forbidden and absolutely prohibited for their own sake or due to ensuing consequences manifested in confusion about parenthood and loss of motherhood and other SharÊÑah prohibited matters. These methods are:35 1The fertilization taking place in vitro between the semen taken from the husband and the ovum taken from a woman who is not his wife, and the fertilized ovum is then planted in the womb of his wife. 2The fertilization taking place in vitro between the semen taken from a man who is not the husband and the ovum taken from the wife of another man, and the fertilized ovum is then planted in the womb of his wife. 3The fertilization taking place in vitro between the semen and ovum taken from spouses, and the fertilized ovum is then placed in the womb of a surrogate mother. 4The fertilization taking place in vitro between male semen and female ovum from two strangers and the fertilized ovum is then planted in the womb of another man’s wife. 5The fertilization taking place in vitro between the semen and the ovum taken from spouses, and the fertilized ovum is then planted in the womb of the husband’s other spouse. However, in the Council’s opinion there is no objection if one resorts to the sixth or seventh method, in case of necessity, provided that all required precautions are taken. These two methods are: 1In vitro fertilization of a woman’s ovum by her husband’s semen and implantation of the fertilized ovum in the womb of the same woman. 2External insemination, by taking the semen of a husband and injecting it in the appropriate place in the womb or uterus of his wife, for in vitro fertilization. 35

See Resolution No. 16 (4-3) concerning test-tube babies in the Resolutions and Recommendations of the third session of the Council of the Islamic Fiqh Academy held at Amman (Jordan) from October 11 to 16, 1986.

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Contemporary Biomedical Issues: An Islamic Perspective

In Vitro Fertilization/ IVF This is a method of assisted reproduction in which the man’s sperm and woman’s egg are taken and then combined in a laboratory dish, where fertilization occurs. Then, the resulting pre-embryo is transferred to the woman’s uterus. Egg Transfer This involves transferring an egg from a donor woman to an infertile woman’s uterus. The egg may be fertilized by the recipient’s husband. Artificial Embryonation This requires flushing an embryo from a woman who has artificially been inseminated by a donor’s sperm, and implanting the embryo in the womb of the donor’s wife. Embryo Adoption This involves both donor sperm and donor egg, but they would be transferred to the womb of the recipient and she would bring the foetus to birth. Ectogenesis This is the nurture of a foetus from fertilization to viability in an artificial placenta36 or glass womb. Cloning Cloning may occur in plants and invertebrate animals (worms and insects) and in humans. The former has been successfully carried out by scientists, while the latter is a dream yet to be realised. It consists of removing the nucleus of an egg, and replacing it with the nucleus of a donated unfertilized egg or the nucleus of a body cell. The re-nucleated cell is then implanted and brought to term in the womb. The child has only the genetic 36

Placenta: Placenta The sac-shaped organ that attaches the embryo or fetus to the uterus during pregnancy in most mammals. Blood flows between mother and fetus through the placenta, supplying oxygen and nutrients to the fetus and carrying away fetal waste products. The placenta is expelled after birth.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

material of the donor of the nucleus. Since only a male or female seed is used, this is a process without conception. It is artificial virgin birth—a child with the same DNA37 as the (one) parent. Although this has not yet happened, it is not wrong to state the Islamic ruling regarding it. The Council of the Islamic Fiqh Academy at Jeddah announced that it is prohibited to clone human beings. The SharÊÑah, however, permits the cloning techniques and genetic engineering in the fields of microbiology, botany and zoology, within the limits prescribed by the SharÊÑah, in order to benefit the people and to prevent inconvenience.38 Surrogate Parenting This involves a woman bearing a child for another woman, one who is presumably infertile. In that case, the surrogate mother is artificially impregnated with the contracting husband’s sperm. The contribution of biomedical science in determining the salient factors involved in infertility can in no way be underestimated. Likewise, the biomedical possibilities, mentioned above, do in fact bring hope to the childless couples but, one cannot deny the fact that such techniques, in trying to technically resolve the problem of fertility, do raise a number of ethical and legal questions or issues, and thus cannot be given blanket approval within the Islamic framework. For example, from the Islamic point of view, if the sperm of the legal husband in a continuing marital life is used in the artificial insemination, the practice will be permitted. But if the sperm used is from a third party or one who is not a legal husband or from the husband but after his death, the practice will be prohibited. Also, IVF is lawful only when it involves a married couple while the marriage contract is still valid, and 37

DNA: DNA A nucleic acid that carries the genetic information in the cell and is capable of self-replication and synthesis of RNA (ribonucleic acid). 38 For a detailed position of cloning according to the Fiqh rulings, see Resolution No. 100/2/10 on human cloning in the Resolutions and

Recommendations of the tenth session of the Council of the Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia) held from June 28 to July3, 1997.

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necessary measures are taken to prevent any manipulation of this practice to avoid any lineage confusion. Surrogate Motherhood This occurs in many forms as follows: 1The sperm and the egg are taken respectively from a legitimate husband and wife. The egg is fertilized, and later implanted in the womb of another woman who is not the wife of that man. 2The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of his legal wife. 3The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of the same woman from whom the egg was taken. 4The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of a third woman. 5The sperm is taken from a husband who has more than one wife. The egg is taken from one wife. After fertilizing the egg, the pre-embryo is implanted in the womb of the second wife. The first four forms are ÍarÉm because in each case, a third party who is not a legitimate wife or partner is involved. Regarding the fifth form, most of Muslim scholars believe it is unlawful also. Although the sperm is not strange to the womb since it is the womb of his second wife, but the egg is a stranger because it is from another woman. Another objection is that the woman who is bearing the embryo may conceive from her husband using her own egg, whereas the embryo implanted may fail to develop and this may lead to confusion: to whom does the foetus belong?

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Surrogate Fatherhood This is when the sperm is taken from a man who is not the legitimate husband of the woman. This is forbidden because it involves a person who is not tied to that woman with a legitimate marital relationship. It may be mentioned here that marriage is not just a financial and physical arrangement of living together, but it is a sacred contract to enjoy each other physically and psychologically and continue the lineage. Any interference to violate the contract of marriage by introducing any third party (male or female) by a normal way or a biomedical technique is a violation of Islamic law. Thus, it is forbidden. Marital life is limited to its legitimate parties. Any practice that may involve any third party (either a man or a woman) in any form (whether in the form of semen, an ovum, an embryo, or a womb) is unlawful. Blood relationship is the fundamental basis of marriage and inheritance in Islam. Any practice that may undermine the family ties or create lineage confusion is forbidden. Foetal gender selection Foetal gender selection is a process to choose the desired gender of a child before the sperm fuses with the egg. This process is followed for different reasons: to avoid gender-linked genetic diseases, to fulfil one’s desire for a specific gender of children. The technique is done through selecting the X bearing (girl) or Y bearing (boy) specimens. Then the woman is artificially inseminated with that sperm, or the egg is fertilized outside of the womb and then implanted into the womb. The Islamic Organization for Medical Sciences in its seminar on Reproduction in Islam came with a decision that foetal gender selection is unlawful when it is practised at a national level. When it is practised at the individual level, the participants’ opinions differed. 1-

Some are of the opinion that there is nothing legally wrong with an attempt to fulfil the wishes of a married couple to have a boy or a girl. 208

Contemporary Biomedical Issues: An Islamic Perspective

2-

Some believe that it is unlawful for fear that it may lead to one gender outnumbering the other.

In fact, these are not the only objections against gender selection. Another objection is, since the success rate of this process is between 60-80%, what will happen if the wish of the couple is not met and the foetus turns to be not of the desired gender? Will it be aborted? There is fear that this may lead to committing abortion, which is forbidden. Milk Bank Milk Bank is a place for the collection and storage of human milk for dispensing to those who require it, such as for infants who are allergic to cow milk and whose mothers' milk is unavailable.39 How does a milk bank operate? Milk banks receive milk from lactating mothers who have been carefully screened for health behaviors and communicable diseases, a process similar to the way blood banks screen donors. Additionally, milk bank donors must: • be non-smokers; • not regularly consume any medication (including megavitamins); • not consume excluded medications or alcohol within the specified exclusion period. Milk is transported to the milk bank frozen. The milk from several donors is pooled after thawing, and then heat-treated to kill any bacteria or viruses. The milk is processed and then refrozen. It is only dispensed after a sample is cultured and shows no bacteria growth. Milk is shipped frozen by overnight express to hospitals and to individual recipients at home. The milk is dispensed by physician prescription or by hospital purchase order only. There is a processing fee charged to cover

39

Random House Unabridged Dictionary.

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

the expense of collecting, pasteurizing and dispensing the milk.40 In Islam, breast feeding creates a bond similar to a lineage bond, and forbids according to Muslim jurists, exactly the same which is forbidden due to actual lineage relationship. One of the goals of the SharÊÑah is to safeguard the lineage of a person whereas the milk banks lead to mix up and doubt. The social structure in the Muslim world is such that it can fulfill the needs of a premature or weak child in need of natural breast feeding from human milk (in some special cases), thus, eliminating dependency on the milk banks. Accordingly, the establishment of milk banks should be prohibited in the Islamic world, and it is prohibited to feed a Muslim child with milk from these banks.41 Plastic Surgery Plastic surgery is the surgical speciality concerned with the treatment of structural deformity and disfigurement. It is also involved with the enhancement of the appearance of a person (beauty). There are two types of plastic surgery: a) Cosmetic surgery: this is performed to reshape normal structures of the body to improve the person’s appearance, like facelifts (a medical operation in which the skin of a person’s face is tightened in order to make him or her look younger) and attempts to reverse the signs of aging, and surgery of breasts (to increase or decrease the size of the breasts). This kind of plastic surgery is not allowed by Islam because it is a kind of deception and its aim is to change and temper with the creation of Allah for reasons of human vanity. This is addressed by the following ÍadÊth:

40

For information on milk banks, see 41 See Resolution No. 6 (6/2) concerning milk banks in the Resolution and

Recommendations of the second session of the Council of Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia) held from December 22 to 28, 1985.

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Contemporary Biomedical Issues: An Islamic Perspective

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ÑAbdullah ibn MasÑËd reported that Allah had cursed those women who make tattoos and who have themselves tattooed, those who pluck hair from their faces and who have their facial hair plucked, and those who make spaces between their teeth for beautification, changing what Allah has created. This news reached a woman of the tribe of Asad who was called Umm Ya'qub and she used to recite the Qur’Én. She came to him and said: What is this news that has reached me from you that you curse those women who tattoo and those women who have themselves tattooed, the women who pluck hair from their faces and who have their facial hair plucked, who make spaces between their teeth for beautification changing what Allah has created? Thereupon 'Abdullah said: Should I not curse one upon whom Allah’s Messenger (saw) has invoked curse and that is in the Book also. Thereupon that woman said: I read the Qur’Én from cover to cover, but I did not find that in it. Whereupon he said: If you had read (thoroughly) you would have definitely found this in that (as) Allah, the Exalted and Glorious, has said: “What Allah’s Messenger brings for you accept that. And what he has forbidden you refrain from that.” (×adÊth, Muslim)

b) Reconstructive surgery: this is performed on abnormal structures of the body caused by congenital defects (defects that

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

exist since or before birth), developmental abnormalities, injuries (trauma), infection, tumours (a mass of cells growing in or on a part of the body where they should not, usually causing medical problems), or diseases. Congenital faults include abnormally turned-out lips, split lips, twisted fingers or toes. Faults that result form illnesses include the scars left by leprosy or other skin diseases, or scars caused by accidents and burns. This type of surgery may be permitted because these faults and scars usually cause physical and psychological pain to the person inflicted with them. Moreover, operating on them is not considered to be changing the creation of Allah. The following is the comment of ImÉm al-NawÉwÊ on aforesaid ÍadÊth: “The woman who tattoos is one who uses a needle or similar implement to prick the skin of the hand, wrist, lips or other part of a woman’s body until she draws blood, then she puts dye into the wound. It is ÍarÉm to do this or have it done by choice. Similarly, plucking or removing hair from the face is also ÍarÉm, whether one does it or asks someone to do it for one, unless a woman has a beard or moustache, in which case it is not ÍarÉm to remove it. Widening the gaps between the teeth is done by filing between the incisors. This is done by old women to give the appearance of youth and make the teeth look beautiful, because this attractive gap between the teeth is a characteristic of young girls. When a woman gets old, her teeth get big and look ugly, so she may file them to make them look more attractive and give the impression that she is younger… it is ÍarÉm to do this or to have it done by another, because of the ÍadÊth, and because it involves changing what Allah has created, and is a form of deception and falsehood. Widening the gap between the teeth is done to make a person look beautiful, which indicates that what is ÍarÉm is when this is done in the pursuit of beauty, but if it were done as a form of treatment because of some problem or deformity in the teeth, then there is nothing wrong with it. And Allah knows best. (al-NawÉwÊ, Commentary on SaÍÊÍ Muslim, 13/107).

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Euthanasia (mercy killing) The term ‘euthanasia’ is a combination of two Greek words ‘Eu’ and ‘Thanatos’ meaning a gentle and easy death.42 As such it has no unfavorable ethical or religious implications. It is the meaning which the word has acquired as ‘mercy killing’ that needs to be considered. Some of its definitions are as follows: 123-

A quiet, painless death.43 The intentional putting to death by artificial means of persons with incurable or painful diseases.44 The act of killing someone painlessly, especially to relieve suffering from an incurable illness.45

Any discussion of euthanasia must accept the fact that it involves some form of active killing.46 Types of Euthanasia: There are two types of euthanasia: Active and passive. Below is the meaning of each of these. a) Active euthanasia Active euthanasia is usually taken to be an action performed within a medical setting, which is done with the intention of terminating a human life. It is “an active intervention by a doctor to end life.”47 b) Passive euthanasia Passive euthanasia tends to be used to describe the withdrawal or withholding of some necessary treatment for the maintenance

42

Ahmed Abdel Abdel Aziz Yacoub, The Fiqh of medicine: Responses in Islamic jurisprudence to developments in medical science, (London: Ta-

Ha Publishers Ltd., 2001), p. 159. Stedman’s Medical Dictionary 44 Ibid. 45 Collins English Dictionary 46 J. K. Mason and R. A. McCall Smith, Law and Medical Ethics, 4th ed., (London: L Butterworths, 1994), p. 316. 47 Abdel Aziz Yacoub, The Fiqh of Medicine, pp. 160-161. 43

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Ethics and Fiqh for Everyday Life: An Islamic Perspective

of human life. It refers to “a decision not to prolong life’ or ‘a non-treatment decision.”48 For example, 1Letting a person die by taking no action to maintain his life, like stopping to give medications to one whose life is dependent on it. 2Withholding medical or surgical procedures and lifesupport systems. Euthanasia is also categorized as follows: Voluntary, involuntary, and non-voluntary.49 1. Voluntary euthanasia is a death brought about by an agent at the request of the person who wishes to die.50 2. Involuntary euthanasia is the killing of someone who could consent but does not. Such an action is indistinguishable from criminal homicide and the claim that the motive for the killing is in ‘the best interests’ of the victim is irrelevant.51 3. Non-voluntary euthanasia is the killing of an individual who has no capacity to understand what is involved, again out of kindness or a consideration of the patient’s ‘best interests.’52

People who are involved in Euthanasia usually are: 1-

23-

Patients in a persistent vegetative state who are awake but are not aware of themselves or the environment. Such patients have no higher brain functions and are kept alive on artificial life support, such as respirators, heart-lung machines, and intra-venous nutrition. Patient in terminal illness who may or may not be subject to life-support machine. People suffering from great pain.

48

Ibid., p. 60 Ibid. 50 Ibid. 51 Ibid. 52 Ibid. 49

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Contemporary Biomedical Issues: An Islamic Perspective

All religions, revealed or non-revealed, are categorically opposed to euthanasia and regard it as an act of murder. There is no difference between killing a healthy person and a terminally ill patient. The prohibition of euthanasia in Islam is based on the following Qur’Énic verses: J> '$1C =

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Organ Transplantation53 It is reported that the Prophet (p.b.u.h.) allowed ÑArfaja ibn SaÑd to have a nose made of gold when he lost his nose on yawm alKilÉb (a battle, which took place between KËfa and BaÎrÉ).54 Medical science in its search for cures looked for replacement of lost parts or functions. The first human organ transplantation to be performed successfully was kidney transplant (1954) followed by liver (1960), heart (1967), combined heart-andlungs (1986), triple: liver, pancreas, and bowel (1996), and combined kidney-pancreas (1998).55 Transplantation as an operation in which the tissues of an organ are transferred from one body or body part to another was not known at the time of the Prophet (saw). Insofar as organ transplantation in itself is concerned, one ought to bear in mind that both the Qur’Én and Sunnah neither sanction it nor condemn it. Therefore, what normally happens is that in all 53

Some of the material in this chapter has been profusely borrowed from Abul Fadl Mohsin Ebrahim’s book entitled Organ Transplantation: Contemporary Islamic Legal and Ethical Perspectives, (Kuala Lumpur: A. S. Noordeen, 1998). 54 Sunan AbË DÉwËd, 1973, vol. 4, p. 434. 55 Yacoub, The Fiqh of Medicine, p. 256.

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matters that have not been specifically dealt with in these two original sources, there are bound to be differences in opinion, as will be illustrated. Organ means any part of the human body, tissue, cells, blood and others, such as the cornea, whether still part of the body or removed from it. Usefulness which is the core of the matter is the benefit accruing to the beneficiary, which enables him or her to remain alive, or to have a basic function of his or her body restored, whether it is eyesight or otherwise, provided that the beneficiary enjoys a respectable life from the SharÊÑah’s point of view. Transplantation includes transplanting an organ from the body of a living person, a dead person, or from a foetus.56 Views of Muslim Scholars on Organ Transplantation The views of Muslim scholars on organ transplantation are of two kinds: opposing and supporting. Below is the discussion of each of the views. The Opposing View Some Muslim scholars regard organ transplantation unpermissible on the basis of the following arguments: (1) impurity of mutilated human organs, being forbidden; (2) the human beings are not the owners of their own selves; and (3) the human body is an amÉnah (trust) from Allah (s.w.t.) given in one’s possession,57 such a procedure would be like subjecting the human body to material ends58 and avoiding the doubtful.59 56

For a detailed treatment of the subject of permissibility or otherwise of organ transplantation and other related issues, see Resolution No. 26 (1/4) in the Resolutions and Recommendations of the fourth session of the Council of Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia) held from February, 6 to 11, 1988. 57 Maulana Khalid Saifullah Rahmani, “Transplantation on Human Organs” in Contemporary Medical Issues in Islamic Jurisprudence, edited by Qazi Mujahidul Islam Qasmi, (Kuala Lumpur: A.S. Noordeen, 2007), p. 4. 58 See Mufti Muhammad Shafi’, Insani A’za’i ki Paivandkari – Sharia’at Ialamiyyah ki roshni main, (Karachi: Dar al-Isha’at, 1967), pp. 29-38. 59 See ‘Abd al-SalÉm al-Shukri, Naql al-AÑÌÉ’ al-Ódamiyyah Min ManÐËr alIslÉmÊ, (Nicosia, Cyprus: Al-DÉr al-Miriyyah li al-Nashr wa al-TawziÑ, 1989), pp. 137-137.

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The Supporting View Some Muslim scholars advocate the permissibility of organ transplantation arguing that it is a form of altruistic service to fellow Muslims.60 It is to be remembered that Islam is always practical for the good of the people (maÎlaÍah). This accounts for the following juridical rules.61 1Necessity makes the unlawful permissible. 2When two interests conflict, let the one which will bring greater benefit take precedence. 3Consideration of the lesser of the two evils. 4Difficulties open the way for ease. Therefore, if the general gain outweighs the negative aspect of an action, then the action is allowed, but if the negative consequences of such an action outweigh the good, then it is prohibited. In light of the above, after a person has died, it would be justified to retrieve the desired organs from that person’s body for the purpose of transplanting it into that of another living person. This act would be regarded as a commendable gesture since as a result of doing this, the quality of life of the living would be enhanced. It ought to be noted, however, that Muslim scholars who advocate the permissibility of organ transplantation do not give blanket approval for the practice. They are of the view that the permissibility of organ transplantation should be hedged with certain restrictions as enumerated below:62 1-

That the transplant of organs is the only means of treatment.

60

For example, see the arguments put forth in favour of organ transplantation by Shaykh ‘Abd al-RaÍmÉn al-Bassam, and Dr. Shaykh RashÊd RiÌÉ, “ZirÉÑat al-AÑÌÉ’ al-InsÉniyyah fÊ Jism al-InsÉn” in Majallah al-MajmaÑ al-FiqhÊ. Makka: Rabiat al-ÑÓlam al-IslÉmÊ, 1408 AH/1987. Issue no.1, pp. 13-22, passim 27-33. 61 ImÉm MuÍammad AbË Zahrah, UÎËl al-Fiqh, (Cairo: DÉr al-Fikr al‘ArabÊ, n.d.), pp. 299-301. 62 FayÎÉl IbrÉhÊm ÚÉhir, ×iwÉr MaÑa ÙabÊb Muslim (Cairo: al-RisÉlah, n.d.), p. 83.

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2345-

The expected degree of success of this procedure is relatively high. The consent of the owner of the organ or of his heirs has been obtained. Death must have been fully established by Muslim doctors of upright character before such a venture is undertaken. The recipient patient has been informed of the operation and its implications.

A living person’s gesture to donate one of his organs, for example one of his kidneys to another person who may be in dire need of it should be viewed as an act of altruism. However, in such cases, the following conditions, need to be observed.63 1234-

The consent of the donor must be obtained. The transplant is the only form of treatment possible. There is no imminent danger to the life of the donor. The respective transplant has been proven successful in the past.

Moreover, it should be noted that a vital organ like the heart cannot be donated as this would result in the death of the donor. If a person gives permission for the transplantation of his/her vital organ into someone else’s body, this is tantamount to suicide. On the other hand, if a person has not given his/her consent, then the people who undertake doing such a transplant would be guilty of taking the life of a human being without any justifiable cause.64 Transplant of Genital Organs Since the testicles and ovaries continue to bear and discharge hereditary attributes to the donor, even after they are

63 64

Ibid., p. 85. Jad al-×aqq ‘AlÊ Jad al-×aqq, BuÍËth wa FatÉwÉ IslÉmiyyah fÊ QaÌÉyÉ MuÑÉsarah, (Cairo: Mu’assasah DÉr al-TaÑÉwun lÊ al-TabÑi wa al-Nashr, 1994), vol. 3, p. 428.

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transplanted in a new recipient, their transplant is prohibited by the SharÊÑah.65 Sale of Organs Insofar as the selling of human organs is concerned, Muslim scholars concur that such sale would be unlawful based on the following reasons: 1A person cannot trade in something of which he or she is not the owner.66 The body of a person—living or dead— belongs to Allah (s.w.t.) alone. It follows, therefore, that no one, has any right to sell, donate or dispose of another person’s body (organs included). 2Such a practice would be exposed to abuse in the sense that it could result in a person’s organs being sold in the market like any other commodity.67 Transsexualism A typical medical definition of transsexualism would be along these lines: “A transsexual is someone who experiences a deep and long-lasting discomfort with their anatomical (genital) sex, and wishes to change their physical characteristics, including genitals, to the opposite of those usually associated with their anatomical sex, and to live permanently in the gender role opposite to that normally associated with their anatomical sex.”68 What is gender? The term gender is used to distinguish between what is considered as ‘masculine’ or ‘feminine.’ Gender identity is determined by biological factors such as sexual organs, physical appearance (shape of the body), hormones, and other factors. They are also ascertained by 65

See Resolution No.57/8/6 on transplantation of genital organs in the Resolutions and Recommendations of the sixth session of the Council of Islamic Fiqh Academy, Jeddah (Kingdom of Saudi Arabia) held from October 14 to 20, 1989. 66 See al-MuslimËn, a Saudi Arabian Newspaper, 9-15 Rabi’ al-‘Akhir, 1406 A.H./21-28 December, 1985, p. 85. 67 Shafi’, Insani A’za’i ki Paivandkari, p. 22. 68 See

219

Ethics and Fiqh for Everyday Life: An Islamic Perspective

characteristics, attributes, behavior, dress, mannerism, speech patterns, and interaction. There may be at times psychological factors resulting in a feeling or desire of someone to express his/her gender identity in a form, which is not in conformity with his/her biological sex. Allah has created two sexes; males and females, and they are both highly respected in Islam, the religion that strictly forbids gender discrimination. In Islam, men and women are equals in the sight of Allah. Therefore, there is no justifiable reason for what is called sex change operations. Is sex change allowed in Islam? To this question, Sheikh MuÍammad IqbÉl NadawÊ, ImÉm of the Calgary Mosque, Canada, and Former Professor at King Saud University, Saudi Arabia answers by explaining that Almighty Allah created humans in two genders only, male and female.69  _J + M1?6 *  $%>   !$%& $>  !M 6 ., 
(1 :96) -B9 6 B 8% D7  !.16  V& .7G .16  “O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women.”(4:1)

(45 :76) -4816Q %  *7G  !A 6 
“And that He createth the two spouses, the male and the female.” (53:45)

Further, Allah (s.w.t.) the Almighty, also said that He created every human being with fiÏrah (nature) that suits him or her. Since fiÏrah is an inbuilt system designed to suit every creation, the fiÏrah of a male is different from the fiÏrah of a female. Allah, Exalted be He, also made it clear to us that when Satan challenged to deviate humans, he said he would order them to change the creation of Allah (al-NisÉ’: 119). Every rule, the

69

See

220

Contemporary Biomedical Issues: An Islamic Perspective

Shaykh explains, has an exception; so the hermaphrodite70 gender is an exception, and as it indicates, it is not a standard, but only a sign of Allah's power of creation, for a wisdom He knows better. The Prophet (p.b.u.h.) has invoked the curse of Allah, the Almighty, upon “a male who imitates a female or vice versa.” This ÍadÊth is about the matters of dressing and fashion, but it also explains the importance of gender in Islam. So, if an imitation in outward appearance is counted as a sin, then by qiyÉs (analogy), a total change in gender will be an even more sinful act. This means that Allah, the Almighty, created each of us in one gender and in one shape. Although a Muslim may prefer to be of the opposite gender, but as a believer, he or she must accept the destiny prescribed by Allah (s.w.t.). Thus, it may be concluded that the gender change is not an option permissible in Islam, and doing so will be tantamount to tampering with Allah’s creation.

70

Hermaphrodite: one who has both male and female sexual organs. In such a case, a medical treatment can be sought to unify one gender. In this case it will be a correction, and not a change in the creation of Allah, the Almighty.

221

Ethics and Fiqh for Everyday Life: An Islamic Perspective

222

CONCLUSION The collectivity to which one belongs expects a certain standard behavior from its members. A behavior below par is viewed as bringing a bad name to the collectivity. Affiliation to a collectivity is a strong reason why many members of groups find themselves compelled to behave well. However, in Islam religion adds to the main reasons. The Qur’Én emphasizes that the good conduct of the believing Muslim should always be inspired by an urge to seek the pleasure of Allah. It is not only meant to gain worldly benefits. However, for an act to qualify as ethical and virtuous, it must be done with the intention of pleasing the Almighty. This intention is not only required to be cultivated in acts traditionally known to be religious, but in all others seeking to be qualified as ethical. The Qur’Én reminds man of the basic ethical values with the implication that if man consciously deviates from such values, he shall then have no excuse to defend himself from facing the consequences of such deviation. Islam looks at adherence to moral principles and values as a direct requirement of the articles of faith, irrespective of the volume of cost that has to be borne or of the benefit that may be lost. The declaration of ÊmÉn (religious conviction), which is not followed by good deeds, in the eyes of Islam, is either hypocrisy or ignorance. A person who truly believes in the Islamic articles of faith (al-TawÍÊd, al-RisÉlah and al-Ókhirah) cannot be unmindful of the practical requirements of these articles of faith. Ignorance of the practical requirements of these articles of faith, translates

Ethics and Fiqh for Everyday Life: An Islamic Perspective

into ignorance of the articles of faith themselves. Furthermore, being unmindful of fulfilling these requirements practically refutes the very existence of true ÊmÉn in one’s heart. The knowledge of good and evil, i.e. the standard of distinguishing good from evil, is a part of the sapient sense of man. This sapient sense includes, besides many other concepts, moral concepts like justice, truthfulness, honesty, helping the weak, freedom in one’s personal matters and others. It is quite possible though, that there is a difference in the application of these concepts in practical life situations, yet the concepts themselves have never been questioned and are, and have mostly remained, universally accepted. It is for this reason that ethical values like justice, honesty, trustworthiness and truthfulness and the like, have never even been questioned philosophically, even if there is a considerable practical deviation from these values or a huge difference in the practical application of these values. It should be emphasized that ethics plays a profound role in shaping the values promoted by any profession. Every profession promotes some values based on its nature and scope. Nevertheless, there is some consensus among moralists that there are values that are common to all professions, except that these common values have their own interpretation in respect of the chosen profession. A clear understanding of fiqh and ethics in our daily lives is an urgent need of our times. We have to make a firm resolve to master the Islamic ethical principles and to internalize ethical values as part of our existence. We sincerely hope and pray that this humble work is at least a small step in that direction.

224

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235

Ethics and Fiqh for Everyday Life: An Islamic Perspective

236

INDEX

A ÑAlÊ ibn AbÊ ÙÉlib, 22 Ñaql, 14 Ñazl, 191, 192, 193, 194 AbË ×anÊfah, 17 AbË DÉwËd, 215 Abortion, 198, 200, 201, 202 Adab, 36, 95, 124, 126, 230 adillah tafÎÊlÊyah, 18 al-×ussayn al-NËrÊ, 6 al-amr, 49, 52, 53, 54, 55, 58, 59, 63, 65 Al-AshÑarÊ, 10 al-birr, 43, 44, 45, 47 al-BukhÉrÊ, 5, 48, 70, 94, 95, 112, 118, 119, 120, 124, 126, 192, 230, 232 al-FÉrÉbÊ, 8, 194, 232 al-GhazÉlÊ, 51, 54, 192, 226 Allah, 4, 5, 9, 11, 16, 20, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 67, 70, 72, 73, 74, 75, 79, 80, 81, 82, 83, 84, 86, 87, 88, 89, 90, 91, 93, 95, 96, 98, 100, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 140, 144, 145, 149, 150, 151, 152,

153, 154, 155, 162, 163, 164, 165, 166, 181, 190, 191, 193, 194, 195, 197, 199, 200, 210, 211, 212, 215, 216, 219, 220, 221, 223 al-ma‘rËf, 49, 50, 52, 53, 54, 55, 58, 59, 63, 65 al-Ma’mËn, 17 al-muktasibah, 18 al-munkar, 49, 51, 52, 54, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65 al-Ñadl, 14 al-nahy, 49, 52, 53, 54, 55, 58, 59, 63, 65 al-ÑamalÊyah, 18 al-WÉqidÊ, 4 AmÉnah in domestic life, 28 AmÉnah in meetings and keeping secrets, 29 amÉnah of taklÊf, 27 AmÉnah of wealth and abilities, 31 AnÎÉr, 70, 180 Artificial insemination, 203 ÓthÉr, 16 AshÑarite, 10, 13 AshÑariyah, 10, 13

B Balance, 41 BayÑ, 119, 120, 157, 168, 178 BayÑ MuÑajjal, 157, 178 BayÑ Salam, 157, 178 Biomedical, 187, 188, 193, 194, 203, 226

Ethics and Fiqh for Everyday Life: An Islamic Perspective Ethics in Sufism, 5 Ethics in the ×adÊth, 4 Ethics in the Qur’Én, 2 Euthanasia, 213, 214 Evil, 108

Birth Control, 195 Business Ethics, 233

C Character, 8, 53, 229 Charge Card, 183, 184, 186 Children, 61, 144, 154, 191 Classical Islamic Discourse on Ethics, 6 Cloning, 205 Companions, 16, 17 Contraception, 189 Contraceptive Methods, 193 Cosmetic surgery, 210 Creator, 52, 97, 133, 135, 139 Credit Card, 183, 185, 186 Current Accounts, 174, 175

F Faith, 58, 149 Falsafah, 7, 8 Family, 67, 68, 80, 81, 82, 84, 87, 93, 94, 95, 124, 150, 191, 193, 225, 226, 227, 229, 230, 232, 235 faqÊh, 17, 18 faqr, 6 FasÉd, 166 Fazlur Rahman, 3, 228 fiÏrah, 2, 133, 142 Financing, 174 Fiqh, 11, 15, 16, 17, 19, 20, 22, 76, 181, 187, 195, 196, 203, 204, 206, 210, 213, 215, 216, 217, 219, 226, 229, 233, 234, 235 Foetal gender selection, 208 Forbidding, 51, 229 fuqahÉ, 17 furËÑ, 16

D Debit Card, 183, 185 dhikr, 144 Divine, 6, 43 diyyah, 201, 202 Dress, 76 Duties of Lawyers, 106 Duties toward children, 93

G E

Gender, 188, 219 gharar, 180, 181, 182 ghurrah, 201, 202 God, 2, 3, 4, 6, 9, 10, 11, 27, 35, 36, 47, 64, 68, 71, 82, 97, 109, 111, 116, 133, 135, 137, 138, 139, 140, 141, 143, 144, 147, 148, 151, 154, 162, 168 Good, 6, 53, 110, 226, 229

Earth, 138, 143, 232 Ectogenesis, 205 Egg Transfer, 205 Embryo Adoption, 205 Environment, 133, 134, 136, 137, 138, 142, 143, 144, 150, 151, 155, 225, 226, 230, 231, 234, 235 Environment and the objectives of SharÊÑah, 155 Environmental Ethics, 137, 141, 142, 225, 231 Environmentalism, 139, 228 Ethics, 1, 2, 3, 4, 5, 8, 11, 76, 97, 100, 109, 125, 187, 198, 213, 225, 227, 228, 229, 230, 231, 233, 234, 235 Ethics in Falsafah, 8 Ethics in Fiqh, 11 Ethics in KalÉm, 8

H ÍalÉl, 43, 109, 110, 112, 182, 189 ÍalÊm, 3 ÍarÉm, 74, 76, 77, 109, 110, 111, 112, 120, 141, 168, 181, 189, 200, 207, 212 Íusn al-khulq, 4 Habitat, 143 Hellfire, 99, 111, 147, 148

238

Index Hijrah, 17, 20 Hoarding, 115 Human Beings, 135 Human Beings and the Environment, 135

227, 228, 229, 230, 231, 232, 233, 234, 235 Islamic, 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 33, 34, 36, 43, 45, 49, 50, 51, 53, 58, 60, 64, 65, 67, 68, 69, 71, 73, 74, 75, 76, 77, 81, 82, 83, 85, 86, 96, 97, 98, 99, 100, 109, 114, 125, 134, 136, 137, 138, 139, 141, 142, 143, 144, 145, 148, 153, 156, 157, 158, 159, 162, 164, 166, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 187, 188, 189, 191, 192, 193, 194, 195, 196, 200, 203, 204, 206, 208, 210, 213, 215, 216, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 Islamic civilization, 156 Islamic worldview, 139, 141, 148 istiÎlÉh, 12 itqÉn, 24

I ÊmÉn, 26, 27, 45, 46, 127, 131, 168, 223, 224 ÊthÉr, 6 Ibn HishÉm, 4 Ibn IsÍÉq, 4 Ibn ÑAbbÉs, 85, 147, 170 Ibn ÑUmar, 80, 147 Ibn Rushd, 8 Ibn SaÑd, 4 Ibn SÊnÉ, 8 Íilm, 1, 2, 3, 4 Ñillah, 157 Ñilm, 6, 16, 17, 18 Ñilm al-akhlÉq, 6 ÑiwaÌ, 158 iÍsÉn, 3, 95 IjÉrah, 112, 157, 178 ijmÉÑ, 12, 15, 21 ijtihÉd, 16, 21 ImÉm al-BukhÉrÊ, 4, 94, 95, 118, 126 ImÉm Muslim, 4 In vitro fertilization, 204 Infanticide, 193 Infertility, 203 Injunctions on RibÉ, 163 Injustice, 38, 168 iÑmÉr, 143 IsfahÉnÊ, 8 Islam, 2, 3, 4, 6, 8, 9, 10, 13, 14, 15, 16, 18, 20, 21, 22, 24, 29, 30, 33, 36, 45, 49, 50, 51, 53, 55, 57, 63, 64, 65, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 81, 82, 83, 84, 85, 87, 90, 91, 93, 94, 95, 96, 98, 99, 100, 105, 108, 109, 110, 112, 114, 115, 116, 117, 119, 120, 123, 124, 125, 126, 128, 129, 137, 138, 139, 141, 142, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 157, 159, 160, 161, 168, 174, 175, 188, 189, 190, 193, 196, 197, 208, 210, 215, 216, 217, 220, 221, 223, 225, 226,

J jahl, 1, 2 jËd, 2 jÉhil, 2 jÉhiliyyah, 1 jihÉd, 195 Judges, 36, 98, 99, 226 Judgment, 13, 30, 38, 100, 102, 108, 121, 129, 130, 147, 148 Jurisprudence, 16, 17, 143, 216, 226, 229, 231, 233 Justice, 9, 33, 34, 35, 36, 37, 99, 100, 107, 226, 227, 228, 231, 233

K KalÉm, 8, 17 karam, 2 kÉfir, 2 Khalwah, 69 KhawÉrij, 22 khilÉfah, 139, 140 KitÉb al-ÙabaqÉt, 4 KitÉb SÊrat Rasulallah, 4 kufr, 2

239

Ethics and Fiqh for Everyday Life: An Islamic Perspective Nature, 136, 154, 234 NËÍ (Noah), 137 nÉsik, 5

L Lawyers, 99, 105, 226 Legal ethics, 97 Leniency, 120 Life insurance, 181 Light, 6, 35

O Oaths, 121

M

P

MadÊnan, 20 madhÉhib, 15, 21, 22, 200 Madhhab, 15 MaÎlaÍah, 171 Makkan, 20 makrËh, 189, 192 Man, 3, 14, 24, 58, 133, 136, 141, 154, 234 mandËb, 189 MaqÉÎid al-SharÊÑah, 171 maqÉmÉt, 6 MawdËdÊ, 13, 14, 234 maysir, 180 Meaning of AmÉnah, 23 Meaning of Justice, 33 Medieval, 12 MÉlikÊ, 15, 192 Milk bank, 209 Milk Bank, 209 Miller, 134, 139, 151, 231 Mischief, 138 Miskawayh, 8 Mohammad Asad, 151 Morality, 233 mubÉÍ, 189, 192 MuhÉjirÊn, 180 MuÍammad ÑAbduh, 12, 13, 232 MuÌÉrabah, 157, 171, 175, 176 MuÌÉrib, 171 MuÑtazila, 3 MuÑtazilah, 9, 10, 13, 17 MuÑtazilite, 9, 10, 14 muqallid, 18 MurÉbaÍah, 157, 177 MushÉrakah, 157, 176, 177

Pagan, 94 Parents, 95 Philosophy, 9, 10, 231, 235 Plastic surgery, 210 Praise, 35 Prohibition of RibÉ, 158, 161, 162, 165, 166, 230 Prophet, 2, 4, 8, 10, 11, 15, 16, 17, 19, 20, 21, 22, 25, 26, 27, 28, 30, 31, 33, 36, 39, 41, 47, 48, 50, 51, 52, 53, 56, 57, 59, 60, 62, 64, 70, 73, 74, 78, 79, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 93, 94, 95, 96, 98, 99, 101, 103, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 124, 126, 127, 129, 130, 131, 132, 135, 137, 138, 139, 146, 147, 148, 149, 152, 153, 165, 168, 170, 178, 180, 187, 189, 190, 191, 192, 193, 195, 197, 200, 215, 221, 228 Public prosecutors, 104 Punishment, 110

Q QarÌ ×asan, 157, 179 qiyÉs, 9, 11, 15

R RashÊd RiÌÉ, 12 Reconstructive surgery, 211 Relation, 142, 231 Relationship, 76, 135 Resources, 24, 151 Revelation, 1, 13 RibÉ, 120, 157, 158, 159, 160, 161, 162, 163, 165, 166, 167, 168, 169, 170, 171, 178, 180, 181, 182

N nafs, 6 Naguib Mahfouz, 12 NaÎÊir al-DÊn al-ÙËsÊ, 8

240

Index RibÉ al-faÌl, 159 RibÉ in the Mercantilist Era, 161 RibÉ in the Middle Ages, 160 RibÉ in the Roman Empire, 160 Righteousness, 5, 45 RisÉlah, 11, 106, 230 RisÉlat al-TawÍÊd, 13, 232

U uÎËl, 12, 14, 16 uÎËl al-fiqh, 12, 14 Umayyad, 22 Ummah, 22, 39, 53, 54, 55, 58, 63, 67, 128, 130

S

W

sakhÉ, 4 Satan, 63, 70, 74, 119, 154, 164, 220 Sayyid AÍmad KhÉn, 13 Science, 141, 226, 235 SÊrah, 4 SharÊÑah, 15, 18, 19, 20, 21, 58, 83, 85, 86, 98, 99, 138, 143, 144, 145, 155, 156, 157, 168, 171, 173, 174, 176, 178, 180, 181, 182, 183, 185, 186, 187, 194, 196, 204, 206, 210, 216, 219, 225, 226 SharÑÊ aÍkÉm, 18 shujÉÑah, 4 Social Interaction, 68, 69, 234 Squandering, 153 Sufism, 1, 5, 6, 233 Sunnah, 11, 15, 18, 19, 20, 21, 27, 47, 68, 69, 73, 76, 86, 87, 93, 98, 103, 138, 158, 170, 187, 189, 202, 215, 230, 232 SunnÊ, 10, 12, 14, 15 Surrogate, 206, 207, 208

wakÉlah, 179 Water, 149, 150 West, 45, 203, 233 Western, 156 Wisdom, 8, 67, 89, 231 Worldview, 138

Z Ðulm, 3 zakÉh, 39, 55 zÉhid, 6 zuhd, 6

T ÙÉÍÉ ×ussayn, 12 tabarruÑ, 180, 182 TahdhÊb al-AkhlÉq, 8 taÎawwuf, 1, 18 TakÉful, 157, 179, 180, 181 taqlÊd, 16 Taqwa, 232 tawakkal, 50 TawÍÊd, 20, 139 Technology, 188 Transsexualism, 219 Trust, 13, 29, 43, 50, 51, 69, 158, 225, 226, 227, 230, 232, 235 Types of Euthanasia, 213

241