Tuesday, April 9, 2013

Ethics in Islam

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By Shaykh Ali Gomaa


Akhlaq: Ethical Theory in Islam

Islam has the unique capacity to transform its various theological tenets and values into practical and moral principles. In fact, the Islamic Shariah was specifically established with an eye to instilling gracious behavior and lofty morals among its adherents and to refine their characters, all of which contributes to general well being among people and throughout the land.

These goals are aimed at guaranteeing a safe and peaceful existence for each person and protecting all aspects of the lives of individuals, whether in the arena of beliefs, wealth, honor, or peace of mind.
According to Islam, human well being begins and ends with manners and morals. It begins with the call for people to accept guidance and righteousness and culminates in producing behaviors among human beings indicative of humanity, nobility, and love.

Islam has set down laws and rules which, by their nature, serve to ensure the establishment of good morals and manners within Islamic society, whether at the level of individuals as they deal with one another or at the level of societies in the greater world. These rules ensure the survival and protection of Islam’s ethical structure, thus allowing human beings to live among one another on the basis of peace and mutual cooperation.

There are regulations governing the poor due, charity, pledges, expiations, and financial guarantees as well as rules touching upon joint responsibilities necessary to the preservation of a stable society among Muslims. There are rules regarding the punishment of criminals, traitors, killers, and adulterers due to the fact that their disregard for moral values poses a threat to the group and transgresses against society and its integrity. It is necessary to treat such offenders harshly in order to guarantee a safe and peaceful society.


The concept of akhlaq

The famous ethicist Ibn Miskawayh defines character (khuluq, pl. akhlaq) as “a state of the soul which moves it toward action without any need for reflection or deliberation. This state can be divided into two: The first is that which is natural, and is a part of one’s true disposition, such as a human who laughs excessively at any small thing that amuses him, or feels sadness and sorrow in response to any small matter that afflicts him. The second is that which is borne of training and habituation, and though it may originally be a product of reflection and deliberation eventually becomes a character trait.”

The Shaykh Abu Hamid al-Ghazali says, “Character is a term for a firmly entrenched form in the soul from which actions emanate with ease and facility, without need for reflection or deliberation. Inasmuch as this form in the soul produces beautiful and praiseworthy actions by the measures of reason and the shari’a, it is called a good character; and inasmuch as it produces repugnant actions, it is called a bad character. We have specified that it be a firmly entrenched form, for he who spends of his wealth rarely, and for a specific need of his, cannot be called generous unless this quality is firmly established within him. And we have further stipulated that actions proceed from him with ease and without deliberation because he who spends of his wealth or remains silent during anger only after some effort and deliberation, it cannot be said of him that he possesses a generous or patient character.

So, there are four matters to consider: first, a beautiful or repugnant action; second, the ability to perform them; third, knowledge of them; fourth, an entity in the soul which inclines a person to either excellence or repugnance, and facilitates that for him.

Clearly, character does not refer to actions, because perhaps a person is of a generous character but cannot spend either due to a lack of money or some other hindrance, or alternatively perhaps he is of a miserly character, and though he spends he only does so for a reason or to show off.
Nor does it refer to the ability or power to perform such actions. This is because power is connected to both giving and withholding, and every person is born with the capacity to give and withhold, but that doesn’t mean that they are either generous or miserly in character.
Nor does it refer to knowledge, for knowledge is connected to all beautiful and repugnant things in the same manner.

As such, it refers to the fourth, i.e., the form in the soul through which the soul is equipped to give and withhold. Character, therefore, refers to this form.”

The concept of akhlaq in the Qur’an and sunna

The word akhlaq appears in the Qur’an in the verse that says of the Prophet “Indeed, you are of lofty character” (al-Qalam: 4). As well, it appears in numerous hadiths affirming the necessity and importance of ethics in Islam. An example is the hadith: “The most beloved of you to Allah is the best of you in character,”

There is also the hadith, “The best of you are the best in character.” And on the authority of Abu Tha’laba al-Khushani, that the Prophet said, “The most beloved to me, and the nearest to me, are those of you who are the best in character. And the most detested to me, and the farthest from me, are those who are of the worst character: those who chatter among themselves, are braggarts, and are long-winded.”

On the authority of Abu Salih who said that Abu Hurayra said that the Prophet said, “I have been sent down only to complete the best of manners.” To “complete” here means to add to something already present. As such, this saying of the Prophet directs us to the fact that ethics are shared between people. For this reason, he also said, “The best of you in the period of jahiliyya (pre Islamic era) are the best of you in Islam if you come to understand.”

The Prophet would smile at the mention of Ibn Jud’an, so A’isha asked the Prophet, “O Prophet of Allah, during the period of jahiliyya, Ibn Jud’an would keep good relations with his family and feed the poor. Is that to his benefit?” The Prophet said, “It does not benefit, for he never once said, ‘My Lord, forgive me my sins on the Day of Judgement.’” Through this, the Prophet points us to the fact that ethics were already present, and it is incumbent on us to respect them even when they emanate from those who are not sincere. They have a strong impact on creation, that was understood and regarded by the Prophet himself.

The issue of ethics are therefore fundamental to the make-up of mankind, regardless of whether or not it is accompanied by faith. The Prophet (peace be upon him) urged us towards these values. This is why we find in the famous hadith of Gabriel that, “A man came forward [towards the Prophet] and sat at his knees, and asked, ‘O Prophet of God, what is Islam?’ He responded, ‘That you not associate anything with God; that you establish prayer; that you give the zakat; and that you fast in Ramadan.’ He said, ‘You have spoken the truth. O Prophet of God, what is faith (iman)?’ The Prophet responded, ‘That you believe in God, His angels, His scriptures, the meeting with Him, His Prophets, the resurrection [on the Day of Judgement], and fate.’ He said, ‘You have spoken the truth. O Prophet of God, What is excellence (ihsan)?’ He responded, ‘That you fear Allah as if you see Him. For if you do not see Him, He sees you.’ He said, ‘You have spoken the truth.’ ... The Prophet later said, ‘That was Gabriel. He wanted to teach you when you don’t ask yourselves.’”

When asked about Islam and faith, the Prophet spoke of their constituent parts respectively. However, when asked about ihsan, he spoke with respect to ethics. Based upon this, Muslims divided their disciplines of learning. They made fiqh the science of Islam, while aqida studies matters of faith, and Sufism studies excellence (ihsan).

But, did the scholars put forth principles of ethics? Or are they many and not amenable to being set out in precise terms the way Islam and faith are? The understanding of akhlaq in Islam is taken from the understanding of God’s beautiful names. Allah has described himself in the Qur’an by 152 different qualities, and the Prophet (peace be upon him) described Him in a hadith by 164 qualities. After discarding repetitions, we arrive at a number of 220 qualities. Thereafter, in a hadith on the authority of Abu Hurayra, the Prophet said, “Allah has 99 names – a hundred less one. Whosoever exhausts them, Allah admits him into Paradise.” This hadith comes in 3 different versions, each of which differs by 34 names, which is how we arrive at the 164 that the Prophet used to describe Allah the Exalted.

By, “he who exhausts him” is meant “he who shapes himself after them”
The beautiful names of God may indicate:

1. His Beauty, such as “The Compassionate” or “The Merciful”
2. His Perfection, such as “The Creator” or “The Originator”
3. His Glory, such as “The Vengeful” or “The Proud”. This category is not to be used as models, for they are the sole prerogative of God.

A hadith related by ‘Abdullah b. Mas’ud indicates that there are Names and Qualities of God we do not know about. He related that the Prophet would invoke Allah using the following words “O Allah, I am Your servant, son of Your servant and of your female-servant. My forelock is in Your Hand. Your Judgement with regards to me is Just. I ask You by every name of Yours, either that You have named yourself, or revealed to us in your Book, or taught one of your creation, or kept solely in Your Knowledge, that you make the Qur’an the spring of my heart, the light of my eyes, the solace for my sadness, and the solution to my worries.”

Categories of Ethics

Ethics can be divided into two categories:

1. Theoretical ethics: This refers to a specific genre made up of the principles of conduct (suluk). It consists of fundamental principles and general rules extracted from them. A person is able to follow them in all sorts of places and different eras.
2. Practical ethics: This refers to the set of principles of conduct, through regard for which a person is able to reach his ultimate goal, and attain all happiness and goodness.

Ethics are an indispensable part of life which depict for us the good life and the means to it, and aid us in arriving at a balance between private individual demands and the necessities of life in a society.

Ethics between Man and Society

The wisdom of God in creating man is that he made the individual unable to fulfill the requirements of his life by himself, and similarly unable to build the earth without cooperation and harmonious living with others. This is what is meant by the philosophers and intellectuals by their repeated invocation of the saying, “Man is by nature a social being.” In order for man to have natural resources, the principles of proper conduct must guide his behavior. In all of his conduct, he must base himself on laws of social ethics, and take regard of others in every matter he undertakes.

If matters proceed in this manner, social membership will belong to individuals, and virtue will be realized, especially if every member of a society is placed in a place that is appropriate to him and his capabilities. In contrast, if chaos takes over, and there is an absence of ethics specifying how people ought to deal with themselves and with others, corruption will enter into the society and eventually lead it to collapse.

Based upon these givens, and the mercy of God towards mankind who are His representatives on earth, Allah has sent prophets and messengers in order to spread guidance and values springing from the religion. The last of these is Islam, about the bearer of whose message, the Prophet (peace be upon him), God said, “You are of the highest of character” (al-Qalam: 4).
Ethics in Islam thus refer to principles and fundamentals ordered for human behaviour, and specified by revelation, to organize the life of man in a manner that allows him to realize the purpose of creation in this world in a complete and perfect manner.

This Islamic system of ethics is distinguished by two features. The first is its divine character, that is the Will of God; and the second is its human character, that is there is an effort and role for specifying this system from the practical direction.

It is a system which is complete only when the theoretical and practical meet. It is not simply a part of the general Islamic system. Rather, it is the very essence of Islam, its spirit, in force in all domains. That is to say, the Islamic system in general is based on the philosophy of ethics at its most fundamental. Rather, ethics are the very essence of the divine messages.
“Ethics are necessary for the continuation and cohesiveness of social life, and they contribute towards the progress and flourishing of civilization. Islamic ethics are distinctive in that they perfect the process of building sociality by fixing human relationships on the basis of belief and sincerity. They also push towards perfection in the fields of work, crafts and knowledge. Each of these is necessary for a truly happy human life.”

Indeed, throughout his whole life, a man may never feel the need for certain matters of knowledge. It may never occur to him. However, we will never be able to put aside his concerns for ethical matters, even for an instant. This is because humanity is always in need of fundamental principles in order to order his relationships with God and with the rest of creation.

The superiority of Islamic ethics

There is no doubt that reason is one of the most important faculties of knowledge, and that the senses are a means to it. However, these are insufficient in and of themselves to distinguish completely and correctly between the good and the evil, the beautiful and the repulsive. This is due to a number of reasons.

The first is the limitations of the mind. There are some matters that are difficult for the mind to grasp. Instead, people resort to speculating and guessing, and knowledge of these matters grows progressively due to experience. But it is not properly known from the first instant.

The second is the limitations of the senses. These are the mind’s means for grasping things, but are open to error. The third is the difference in people’s capacities for reasoning and arriving at the truth of things. For, some minds judge a thing to be beautiful, while others judge it to be repulsive. Indeed, it is possible for a thing to be thought of as repulsive among many people, though it is not in reality, and vice versa. To further the point, it is even possible for one’s judgement of a thing to change.

Secular ethics, which specify their standards to be different theories and philosophies, remain relativistic – relative to the claims or rebuttals of individuals. The solution is to resort to principles of character derived from religion. For religion, “in that it comprises beliefs and principles, commands and prohibitions, desires and values, lofty examples and general principles for behaviour, certainly plays an important role in the lives of believers. It is a central source for ethical obligation. That which distinguishes ethical principles extended from religion, on the one hand, from those taken from the individual and society, one the other, is: their generality, humanity, sacredness, everlastingness and permanency over generations. Their sacredness is a result of their divine source, that is revelation from God.”

So, the Qur’an in this matter preserves and continues that which preceded it and may be distinguished by its wide orbit which includes the essence of ethics. This is what had become separated apart in the teachings of the clergy and the philosophers, both deontologists and utilitarians. They were far apart from each other both in terms of time and place, and perhaps some of them left no trace behind so that their teachings may be preserved. It may be said that this is the greatest characteristic of the Qur’an, if not the most valuable characteristic altogether.

The purity and steadfastness of this ethical teaching becomes apparent through its forms; the methods it takes to present its lessons, different from those of previous teachings; its unified structure which does not admit of any inconsistency; and its manner of dealing with differences and variety within the framework of complete harmony. This is because it began to disagree with previous laws whenever they took to excess, and re-established equilibrium where they would tend towards one side or the other, and directed towards a singular goal, infusing it with a unified spirit, such that the truth become to be attributed to it in all morals and ethics.

Among the greatest characteristics of this teaching was the innovation. It is not satisfactory, in reality, to say with regards to the ethics of the Qur’an that we have preserved the heritage of our forebears and support. Rather, when confronted with different opinions, we must add that Qur’anic ethics supply these opinions with a sacred basis.

How was the Qur’an able to have such a miraculous impact? Its style was extremely simple, in that it chose to express its principles with particularly impactful language – language that is always located halfway between the abstract and ambiguous, on the one hand, and the empirical and formalistic, on the other hand.

From the perspective of clarity of content, we find that the clarity of each principle impedes chaos and following one’s whims. However, at the same time, the lack of specificity of the content leaves to each individual the freedom to choose the form of speech that is the best example, in accordance with his experience. Similarly, he is able to choose between the form that is best suited to a pressing need and other ethical demands. So, there are two issues: formation and compatibility. It is necessary, through careful effort, to distance oneself from excessive laxity and exaggeration.
This is how the Qur’anic shari’a was able to accomplish such perfection, unlike any other text, in realizing harmony between two seemingly opposite sides: kindness in resoluteness, advancement in steadfastness, and diversity in unity.

Ethical obligation

Obligation is a fundamental concern of any ethical school, for if there is no obligation, there cannot be responsibility toward any ethical system or law. But what is the source of this ethical obligation? Is it the human conscience, as some philosophers say? Or social pressure as others say? Or is it reason?
Scholars have spoken of these three sources at length, in particular with respect to their relativity and their limitations. The reality is that it is impossible for either individual conscience or reason or a given society to set up ethical laws and demand their imposition on all consciences, minds and societies.

Despite the efforts of those who mock the values, as well as those who are blindly devoted to ethics, to say that there is no firm standard by which to specify what is good or bad, and that the matter is relative to particular societies, we may respond by saying that what they claim is a form of the philosophies of corruption, and a dissolution of ethics, which has an extremely negative impact on societies and individuals.

It is therefore necessary to refer to a higher legislative authority to settle such disagreements, one that is capable of being comprehensive as well as applicable in every place and time, and to all people in general. This authority cannot be found except in the very Creator of existence, time, place, and people, He Who sees all and knows about all He creates. As the Qur’an informs us, “Should He not know,- He that created? and He is the One that understands the finest mysteries (and) is well-acquainted (with them)” (al-Mulk: 14).

So the source of ethical obligation in Islam is the divine commands of which Allah informs us in the Holy Qur’an and through the Prophet (peace be upon him).

However, the Qur’an takes great care to link every teaching and ruling of the shari’a with the ethical value that forms its basis. So, for example, when it invites us to make every effort towards reconciliation amongst our families, even when it is not in our interests, Allah supports His call by saying “And reconciliation is better” (al-Nisa’: 128). Similarly, when the Qur’an invites us to engage in commerce by weighing fairly, He says, “Give full measure when ye measure, and weigh with a balance that is straight: that is the most fitting and the most advantageous in the final determination.” (al-Isra: 35). Also, when he sets out the principles of modesty which demand from men that they lower their gazes in the presence of women and guard themselves from impropriety, He goes on to explain, “That is purer for them” (al-Nur: 30). And after He commands us to clarify the reasoning before promulgating a legal ruling, He explains that it is so “lest ye smite some folk in ignorance and afterward repent of what ye did.” (al-Hujurat: 6).

There are also numerous examples of the Qur’an guiding us towards spirituality and ethical values. These include the following verse: “Say: "Not equal are things that are bad and things that are good, even though the abundance of the bad may dazzle thee” (al-Ma’ida: 100); and “But the raiment of righteousness,- that is the best” (al-A’raf: 26); and “he to whom wisdom is granted receiveth indeed a benefit overflowing” (al-Baqara: 269). Indeed, the fundamental principle on which the shari’a is based is “Allah never commands what is shameful” (al-A’raf: 28); and “Allah commands justice and the doing of good” (al-Nahl: 90).

Therefore, the primary source of obligation in Islam is the divine revelation as found in the Qur’an and sunna. After that, there are other things that the shari’a takes account of, such as the societal responsibility to protect these ethics and morals. This is why Allah has commanded us to “command the good, and forbid the evil.” As well, the shari’a takes account of reason and human conscience (or the senses) in specifying the good and the evil. This is the reason that the wisdoms behind rulings, as well as ethical commands, were related in the Qur’an

Features of ethical obligation

1. Action must be something one is capable of doing
Allah says, “On no soul doth Allah Place a burden greater than it can bear.” (al-Baqara: 286); “Allah puts no burden on any person beyond what He has given him.” (al-Talaq:7); “So fear Allah as much as ye can” (al-Taghabun: 16). In terms of ethical obligation slam takes account of human capability, and does not entrust them with anything beyond their capacity. As such, obligation is conditional on the capacity of the legal agent.

2. Ease and lifting difficulty
The second feature of ethical obligation is the consideration of ease and avoiding difficulty. For Islamic ethics are not only in keeping with the capacities and capabilities of people; they are in fact meant to be easier than even that. As Allah says, “Allah intends every facility for you; He does not want to put to difficulties.” (al-Baqara: 185); and “Allah doth not wish to place you in a difficulty” (al-Ma’ida: 6). And it is related by Abu Hurayra that the Prophet said, “You were only sent to make things easy; you were not sent to make things difficult.”

Similarly, Islam has lightened the burden on legal agents who find some of the rulings difficult. This may take the form of complete leniency, or partial leniency. Sometimes, it means permission to delay an action until when is capable of doing it, and sometimes it means outright replacing it with another, less cumbersome, action. This is from the Mercy of God, and His Compassion towards them.

3. The different ranks of rulings
Islam has ordered ethical responsibilities in a particular manner. The most obligatory is the individual obligation, then the communal obligation, then the mandatory, then the emphasized sunna, then the non-emphasized sunna, then the supererogatory, and finally the extra perfections.
Similarly, it has ordered the prohibitions, or evils, into: the major sins, the minor sins, the disliked, and that which it is preferred to avoid.

From another perspective, Islam divides obligations into specific and non-specific, and temporary and permanent. It has also set out a space between the good and evil, though it is neither: this is the permissible, one side of which borders the good, and the other side of which borders the evil. And he has commanded people to orient themselves towards the good and keep away from the evil.

Two important matters follow from this discussion of ethical obligation: ethical responsibility, and desert.

1. Ethical responsibility: Ethical responsibility means that a person assumes the burden of the outcome of the actions he commits to, or agrees to, or chooses, whether these actions are positive or negative.
God has made responsibility conditional upon the acceptance of a trust, as related in the Qur’an: “Lo! 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. Lo! he hath proved a tyrant and a fool.” (al-Ahzab: 72). So the Qur’an connects human responsibility on the freedom to choose. So, the one who is compelled or forced does not bear responsibility for that which he is forced to do. For this reason, human responsibility does not go beyond the realm of an agent’s freedom.

One of the most beautiful parables in the Qur’an demonstrates this, i.e., the comparison between he who is deprived of the freedom to choose and the servants of God whom He has made free. “Allah sets forth the Parable (of two men: one) a slave under the dominion of another; He has no power of any sort; and (the other) a man on whom We have bestowed goodly favours from Ourselves, and he spends thereof (freely), privately and publicly: are the two equal? (By no means;) praise be to Allah. But most of them understand not. Allah sets forth (another) Parable of two men: one of them dumb, with no power of any sort; a wearisome burden is he to his master; whichever way be directs him, he brings no good: is such a man equal with one who commands Justice, and is on a Straight Way?” (al-Nahl: 75-76).

He then follows this up by saying, “It is He Who brought you forth from the wombs of your mothers when ye knew nothing; and He gave you hearing and sight and intelligence and affections: that ye may give thanks (to Allah)” (al-Nahl: 78), in order to emphasize that man is given awareness so that he is able to be a free and responsible person with reason and will. As Ghazali said, “He is a messenger from the interior, and the Prophets are also messengers from the exterior.” And so, if a person’s freedom diminishes, his ethical responsibility diminishes in equal measure.

The noble shari’a has affirmed personal responsibility based on Qur’anic texts. This constitutes a challenge to previous regimes which partook in collective punishment. Among these Qur’anic texts are clear verses which establish individual responsibilities, and consist of a unity of thought which begins with the act of knowing, includes civic responsibilities, and ends with ethical responsibility.

Among the verses that set out the act of knowing as a personal responsibilities are: “ Each soul earneth only on its own account, nor doth any laden bear another's load.” (al-An’am: 164); and “if any will see, it will be for (the good of) his own soul; if any will be blind, it will be to his own (harm)” (al-An’am: 104). The first verse is a clear reference to the acquisition of ethical values, and the second to the acquisition of knowledge. The word used for seeing, ibsar, connotes also knowledge and behavior, and the word for being blind, ‘ama, means being ignorant of the primordial truths, like knowledge of God, His angels, books, and prophets; and behavior in accordance with that knowledge.

So, the Qur’an has ordered things such that the act of knowing comes first. Believing in Islam is itself a sort of knowledge, followed by action. And so, some jurists have included knowledge as a stage of legal obligation.
As for the verses that impose metaphysical responsibility on the individual, these are many. They include, “So on that Day no power shall they have over each other, for profit or harm: and We shall say to the wrong-doers, "Taste ye the Penalty of the Fire,- the which ye were wont to deny!” (al-Saba: 42). In modern social science, this is known as an individual undertaking to set out his behaviour in accordance with his conscience. This does not negate responsibility in the life of this world, even though the true and superior responsibility is that which pertains to the next life.

2. Ethical Desert: Ethical desert is a natural consequence of ethical responsibility. It is necessary for the maintenance of justice among people. If there is desert for every ethical behavior, there will be a commitment to ethics and virtue.

There are many types of desert:

i. Divine: As Allah says, “That man can have nothing but what he strives for; That (the fruit of) his striving will soon come in sight: Then will he be rewarded with a reward complete.” (al-Najm: 39-41); and “That Day will every soul be requited for what it earned; no injustice will there be that Day, for Allah is Swift in taking account. ” (al-Ghafir: 17)
ii. Psychological, sentimental, or mental: This is the pain and stress felt by he who acts in an evil manner. As Allah says, “But he who turneth away from remembrance of Me, his will be a narrow life” (Ta ha: 124). This feeling is from the sentiments or conscience which censure a person for the sins he has committed.

iii. Legal: This is the punishment administered to the person of poor character. In Islam, the penal system consists of two types of punishments
The hudud: These are clearly specified in the shari’a, such as the amputation of the hand of a thief
The discretionary punishments: These are left to the judicial system to decide upon.
iv. Social censure: This is the lack of trust in a corrupt or evil person that results from his behaviour and character. As a result of this, his testimony is not accepted, and he often fails to find respect or acceptance among people. This is of course extremely difficult on the human soul.

The comprehensiveness of ethics in Islam

The feature of comprehensiveness becomes readily and undoubtedly apparent in the ethics of the Qur’an. This is not only because the commands of the Qur’an are directed towards humanity as a whole, such as the sayings of Allah, “Say: ‘O men! I am sent unto you all, as the Messenger of Allah’” (al-A’raf: 158) and “Blessed is He who sent down the criterion to His servant, that it may be an admonition to all creatures” (al-Furqan: 1).”

Rather, the principle of justice, or public virtue, must be applied by every individual in a consistent manner, no matter whether it is applied upon oneself or upon others. As the Qur’an says, “Do ye enjoin right conduct on the people, and forget (To practise it) yourselves” (al-Baqara: 44); and “do not even aim at getting anything which is bad, in order that out of it ye may give away something, when ye yourselves would not receive it except with closed eyes” (al-Baqara: 267); and “Woe to those that deal in fraud,- Those who, when they have to receive by measure from men, exact full measure, But when they have to give by measure or weight to men, give less than due. ” (al-Mutaffifin: 1-3).

Similarly there is no regard for whether it is applied upon one’s close relatives or others; or upon the rich or the poor: “O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor” (al-Nisa’: 135).

Nor is there any regard for those who are outside of a particular group or within it: “And among them there is he who, if thou trust him with a piece of gold, will not return it to thee unless thou keep standing over him. That is because they say: We have no duty to the Gentiles. They speak a lie concerning Allah knowingly. Nay, but (the chosen of Allah is) he who fulfilleth his pledge and wardeth off (evil); for lo! Allah loveth those who ward off (evil).” (Aal Imran: 75-76).

Nor is there any regard for discriminating between friends or enemies: “And let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety” (al-Ma’ida: 8).

Islamic ethics do not leave out any portion of human life, be it spiritual or material, religious or worldly, rational or sentimental, individual or communal. In all cases, there is an exemplary framework for sublime behaviour. What ethicists have routinely divided up into religion, philosophy, custom and society all come together in the ethical system of Islam in an orderly, complete and perfect manner.

1. There is that which is concerned with the individual from different perspectives:
i. Physically speaking, the body has needs and necessities. Allah addresses this by saying, “Eeat and drink: But waste not by excess, for Allah loveth not the wasters.” (al-A’raf: 31). And the Prophet (peace be upon him) has said, “Your body has a right over you.”
ii. Rationally, the individual has talents and horizons. The Qur’an says: “Say: "Behold all that is in the heavens and on earth"; but neither Signs nor Warners profit those who believe not.” (Yunus: 101); and “Say: ‘I do admonish you on one point: that ye do stand up before Allah,- (It may be) in pairs, or (it may be) singly,- and reflect (within yourselves): your Companion is not possessed: he is no less than a warner to you, in face of a terrible Penalty.’” (Saba’: 46).
iii. Spiritually, there are passions, desires and impulses. The Qur’an says, “Truly, he succeeds that purifies it, And he fails that corrupts it!” (al-Shams: 9-10).

2. There is that which is concerned with the family from different perspectives:
i. The relationship between spouses: “Live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.” (al-Nisa’: 19)
ii. The relationship between relatives and intimates: “Allah commands justice, the doing of good, and liberality to kith and kin” (al-Nahl: 90).
3. There is that which is concerned with society from different perspectives:

i. In terms of manners, etiquette and protocol: “O ye who believe! enter not houses other than your own, until ye have asked permission and saluted those in them: that is best for you, in order that ye may heed (what is seemly).” (al-Nur: 27).
ii. In commercial transactions and legal matters: “lah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice” (al-Nisa’: 58).
We may go on and spell out all the fields taken up by the Islamic ethical system, and the path it sketches out to be followed in every minor and major matter of the lived reality of its adherents.

And so, the concept of ethics in Islam brings together all that had been divided by religious sects and philosophical schools, both realist and idealist, in terms of their way of looking at ethics and their explanation of the source of ethical obligation. Not all of what these groups say is false, nor is all of it true. The deficiency of each viewpoint is that they have looked at the subject from one perspective and neglected it from another perspective. This is unavoidable for human cognition, which is incapable of taking up an issue in a manner that encompasses all times and places, all types and personalities, all circumstances and perspectives. This comprehensive viewpoint requires an All-knowing and Wise God.

If we turn our attention to the Torah, for example, we find that it is concerned to set out fundamental principles for legislating behaviour: do not kill, do not steal, etc. We see that the leading consideration here is to specify rights, and to seek justice and equality. Then, if we turn to the New Testament, it sets out ethical principles in addition to affirming what had come before in the Torah and supplementing it. The most important features here are tolerance, mercy and good conduct. Finally, when we come to the shari’a of the Qur’an, we find an affirmation of both of these predecessors in a single consistent system: “Allah commands justice, and the doing of good” (al-Nahl: 90). In its manner of affirming both, the Qur’an grants to each its proper place in the balance of values.

“And the recompense of evil is punishment like it, but whoever forgives and amends, he shall have his reward from Allah; surely He does not love the unjust” (al-Shura: 40). Then, we also add to this new area, formulating etiquettes for interpersonal interaction, sketching out a framework for generous behaviour for lofty societies. This includes the etiquette of greetings, permissions, address, meetings, etc. These have been spelt out in detail in the Qur’anic chapters al-Nur and al-Mujadala.

The cultivation of morals

Man is capable of acquiring the characteristics and habits he is brought up with. Indeed, the importance and benefit of ethics are what make it capable of development and evolution, and open the way for education and training. For it is by continuous training and some amount of time that we are able to ground the ingredients of good character in the personality of an individual such that it becomes a habit and natural disposition.
There are a few matters that are necessary for the proper cultivation and refinement of ethics.

1. The company of the righteous: What trains a person best is the company of righteous people. Man is passionate for customs and fashions. Just as he follows those around him in clothing, for examples, he will follow those around him in deed, and model himself after their mannerisms and ethics. As the Prophet said, “A man is on the religion of his close friends, so look carefully whom you befriend.” Ibn Ata’ Allah says, “Do not spend time with he whose state does not invigorate you, and whose words do not guide you towards Allah. ... Instead, spend time with knowledgeable old people, who inspire you because their aspirations are connected to Allah. Do not resort to any but them, and do not entrust your affairs to any but then. Their words will point you towards Allah due to their knowledge of Him. Keeping the company of the righteous is a great step on the path towards Allah. And keeping company with the evil, it is extremely blameworthy due to the regression from high levels of piety that it entails.”

2. Struggling with the self: “And for such as had entertained the fear of standing before their Lord's (tribunal) and had restrained (their) soul from lower desires. Their abode will be the Garden.” (al-Nazi’at: 40-41). And it is related from the Prophet that he said to his companions, while returning from battle, “We have returned from the lesser jihad to the greater jihad.” They asked him, “What is the greater jihad, Messenger of Allah?” He said, “struggling against the self.” Al-Hasan used to say, “Your enemy is not he whom if you kill him, you are relieved of him. Rather, your enemy is your own self, between your two sides.” Dhun-Nun al-Misri once said, “Be only in a state of opposition with your soul, and at a distance from the devil.”

3. Expanding one’s horizons: If one’s circle of thinking is narrow, this leads quickly to lowly morals. He becomes like the person who sees no good except in himself, and sees none in creation deserving of goodness but him. The cure for this is to expand one’s horizons so that he may come to realize his true value to his society – that he is neither a vital organ of the body, nor the center around which everything else revolves. Rather, he is like all the others in his society merely a drop in the ocean. The truth is that narrow-mindedness is a source of numerous vices, to the point that it may lead one to consider oppression to be justice and vice versa. It is not possible for a person to rid himself of this prejudice until he loves the truth more than his own opinion and his own community, and he is enamoured with the idea of setting out to search for the truth. If this thinking expands, and he arrives at a correct judgement and follows it, his morals too will advance.

4. Studying the lives of the righteous: This is because their lives will appear in front of the reader, and inspire him to follow them. No community or nation is devoid of such righteous people. And no one can read about their life stories without feeling a new spirit enter him, impelling him to the best of deeds. Much of what has pushed people to great actions and feats has been the stories they have read of great people, or stories of events related to them. We may add to these, parables and wisdom tales, for these have deep meanings which are efficacious for the soul, and dwell deeply in the mind.

One of the best things that has been said about this is from al-Ghazali:
“Know that some people who have taken to excessive idleness have found it burdensome to struggle against the self, and discipline it, and involve themselves in purifying the soul and cultivating good morals. And so, they do not allow themselves to advance due to their incapacity and deficiencies. So they claim that character is incapable of change.
They argue this in two ways. First, they say that character is the interior form just as one’s body is the exterior form. The latter is not capable of change, for the short person is incapable of making himself tall, and the tall person is not capable of making himself short. Nor can the ugly person make himself beautiful. And so, similarly, for the person who is spiritually repulsive, or evil.

Secondly, they say that good character curbs lewd desires and anger. We have experienced this through struggling against the soul, and we know that these are in fact a result of one’s temperament and disposition and so cannot be separated from a person. Involving oneself in such a struggle is simply futile, and a waste of time, for what is desired is itself impossible.
We say that if morals are not capable of change, there would be no point to the many advices and admonitions, such as the Prophet’s express command, “Beautify your morals.” How can this be denied to people while we admit it as a possibility for animals. Both falcons and dogs may be domesticated. And a recalcitrant horse may be made obedient. These are all examples of changes in character.

Beautiful morals are indeed open doors from the heart to paradise and closeness to the All-Merciful. And poor morals are diseases of the heart, and poisons for the soul. This is a disease that forfeits the eternal life of the hereafter, and not simply the bodily life of this world. Doctors stress the setting down of principles for curing bodies, and since the life of the hereafter is more precious to the believer, there should be even more care to setting down the principles for curing the diseases of the soul. This sort of healing must be learned and practiced by all people of understanding.

http://www.ali-gomaa.com/?page=scholary-output&so_details=140#.UWP_dVwtijo

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Wednesday, March 6, 2013

Politics and Islaam: An Unholy Mix?

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Islam and Politics: An Unholy Mix?

Jasser Auda

The relationship between 'Islam' and politics is not a simple relationship that could be explained in one statement such as either statement mentioned in your question. So, 'Islam cannot mix with politics' is not an accurate statement. Nor is 'political matters cannot be dissociated from Islam' an accurate statement either.

Let us start by defining what we mean by 'Islam' when we talk about politics. In the area of politics, 'Islam' could only mean general guidelines and principles, rather than specific rules and detailed fatwas about specific political matters.

In other words, the part of Islam that deals with the ever-changing area of politics is the part that is about its fixed universal values and principles, and not the part that is about its details and instructions.

For example, when it comes to political participation, the Quranic verses that apply here are the verses that talked about shura (consultation), which is a general and guiding principle. The mechanism of how this consultation should take place is meant, in Islam, to be changeable and to be left for people to define according to their own time and circumstances.

Thus, if the Prophet (peace be upon him) had consulted his companions in a direct and oral way (as narrated about the battles of Badr and Uhud, for example), this does not mean that 'Islam' prefers or encourages some sort of 'direct democracy' over other types of polling systems or political systems.

Any type of democracy, or even a different political theory or system, is approved in Islam only as long as it is compatible with the principles of consultation, justice, equality of human beings, and the other Islamic principles and values.

For another example, the issue of wars (or jihad al-qital) is also a political issue that should only be based on the general guidelines of Islam and cannot have one and only rule for every place and time.

In this area, what is required is to balance two objectives (maqasid): (1) to promote and protect peaceful co-existence, which is one of Islam's higher principles, and (2) to promote and protect Muslims' lives and wellbeing, which is also one of Islam's higher principles.

The default and ideal situation in Islam is peace and peaceful co-existence, and directing the Muslim struggle (jihad) to bettering themselves and improving their morals and spirituality (jihad al-nafs), thus giving a chance for (1) and (2) to be fulfilled together.

This is proven by numerous traditions of the Prophet. One such tradition is 'The Scroll of Madinah' (Sahifat Al-Madinah), in which the Prophet and the Jews of Madinah wrote a 'covenant' that defined the relationship between Muslims and Jews living in Madinah. The scroll stated that, "Muslims and Jews are one nation (ummah), with Muslims having their own religion and Jews having their own religion." (Refer, for example, to: Burhan Zuraiq, Al-Sahifah: Mithaq Al-Rasoul, 1st ed., Damascus: Dar al-Numair 1996, p. 353).

However, if that peaceful co-existence is betrayed by others and Muslims are 'killed and driven out of their homes,' as the other verses say, then fighting is sanctioned in order to protect Muslims' lives.

The problem with many of these militant groups that you mentioned is that they misinterpret the verses of the Quran to mean one choice for all time: war! They, surprisingly, forget about the higher objectives of prosperity and cooperation of human beings.

For example, the verse, which has come to be named 'The Verse of the Sword' (ayat al-saif), according to some scholars, states:

(But when the forbidden months are past, then slay the pagans wherever you find them, and seize them.) (At-Tawbah 9:5)

The historical context of the verse, in the ninth year of Hijrah, is that of a war between Muslims and the pagans of Makkah. The thematic context of the verse in chapter nine is also the context of the same war, which the Chapter is addressing.

However, the verse was taken out of its thematic and historical contexts and claimed to have defined the ruling between Muslims and non-Muslims in every place, time, and circumstance. Hence, it was perceived to be in disagreement with more than two hundred other verses of the Quran, all calling for dialogue, freedom of belief, forgiveness, peace, and even patience.

Conciliation between these different evidences, somehow, was not an option. To solve the disagreement, based on the method of abrogation, some exegetes concluded that this verse (9:5), which was revealed towards the end of the Prophet's life, abrogated each and every verse that was revealed before it.

Therefore, the following verses were considered abrogated: 'no compulsion in the religion;' (Al-Baqarah 2:256) 'forgive them, for God loves those who do good to people;' (Al-An`am 6:13) 'repel evil with that which is best;(Al-Mu'minun 23:96) ' 'so patiently persevere;' (Ar-Rum 30:60) 'do not argue with the People of the Book except with means that are best;' (Fussilat 41:46) and '(say:) You have your religion and I have my religion.' (Al-Kafirun 109:6)

In addition, a large number of prophetic traditions that legitimize peace treaties and multi-cultural co-existence, to use contemporary terms, were also abrogated.

What we need in today's world, other than cases of self-defense of course, is to spread a culture of mutual co-existence and multi-faith dialogue and cooperation.

This is what Muslims need to give priority to in your country and other countries where Muslims and non-Muslims have co-existed peacefully for centuries.

http://www.onislam.net/english/ask-about-islam/islam-and-the-world/politics-and-economics/167426-islam-aamp-politics-an-unholy-mix.html

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Tuesday, February 5, 2013

Is Islam Capitalist or Socialist?

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By Shahul Hameed


Islam is neither capitalism (Right) nor socialism (Left). It is the comprehensive way of life decreed for mankind by Allah Almighty. In Islam we find principles and formulations aimed at shaping the individual as well as the collective life of man within the parameters of divine guidance contained in the Qur’an and the Sunnah. As Islam encompasses all areas of human life, both politics and economics come under its purview.

The two socio-economic systems predominant in today’s world are democratic capitalism and democratic socialism. The hallmarks of the former are private ownership and free markets, while those of the latter are collective ownership and state control. The United States and France are two countries that have adopted the democratic capitalist system, while China and India, for instance, have adopted democratic socialism.

We find that both these systems suffer from inherent and systemic flaws that have made their practitioners leave their ideals and hastily adopt measures that undermine the very foundation of those systems. Thus, France often calls itself a socialist country, while China already shines with a capitalist hue.

There is also the Communist system, which is described as the culmination of the socialist evolution. But it has never materialized in history and exists only in the dissertations of staunch ideologues. Communism is impracticable, as it seeks to violate human nature and basic instincts.

In contrast with the above systems, the Islamic system approves of individual ownership in the case of certain things and collective ownership in certain other things. Islam also provides for the state ownership of some resources.

Although the true Islamic political system does not exist now, (of course, there are some countries that call themselves, “Islamic”) it once flourished, producing dramatic results. It was Islam in its pristine purity that succeeded in transforming a primitive desert people into the most civilized nation of the time. The boundaries of the Islamic Empire then stretched between China in the East and the Atlantic Ocean in the West. It was the deviation from Islam that caused the failure of the Islamic Empire.

Islam stands for the submission and subordination of all our interests and concerns to the One God; and the foundation of the Islamic state is the principle of the oneness of God. All humans, being the creations of the One God, are equal. Islam views man as a part of nature, which is destined to obey certain rules. The so-called natural laws are the laws of God; and as nature obeys God’s physical laws, nature is Muslim (that is, submitting peacefully to God’s laws). All the planets that float around the sun obey the unalterable laws of God, and so they are Muslim (submitting peacefully to God). Man is distinguished from other creatures of God by virtue of his reasoning power and free will. Man obeys two kinds of laws.

The first kind covers the physical, biological, and instinctive activities like breathing, digesting, or feeling curious. The second kind covers those activities that are based on man’s free choice and decision.
God commands us to live in harmony with the natural laws; when we obey God’s laws of nature, we are Muslim in the basic sense; but when we obey God in areas where we can make moral choices, we are Muslim by willful choice. Man is God’s vicegerent on earth, as Allah says in the Qur’an what means:

*{And when your Lord said to the angels, I am going to place in the earth a vicegerent, they said: What! will You place in it such as shall make mischief in it and shed blood, and we celebrate Your praise and extol Your holiness? He said: Surely I know what you do not know.}* (Al-Baqarah 2:30)

So, the Muslims (who know their God-given role on earth) must strive to fulfill their khilafah (vicegerency) on earth. A moment’s reflection will convince us that the role of khilafah involves both individual and collective efforts. The Islamic state is the chief medium of the collective efforts of Muslims in this regard. It is from this concept that the politics of Islam derives.

One major thrust of the Islamic system is its effort to attain social justice. This should be obvious to anyone who has a cursory knowledge of the Qur’an. For example, the Qur’an says what means:

*{O you who believe! be maintainers of justice, bearers of witness of Allah’s sake, though it may be against your own selves or [your] parents or near relatives; if he be rich or poor, Allah is nearer to them both in compassion; therefore do not follow [your] low desires, lest you deviate; and if you swerve or turn aside, then surely Allah is aware of what you do.}* (An-Nisaa’ 4:135)

It also says what means:

*{O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of a people incite you not to act equitably; act equitably, that is nearer to piety, and he careful of [your duty to] Allah; surely Allah is Aware of what you do.}* (Al-Ma’idah 5:8)

So the Islamic state would strive for social justice by all the means at its disposal; and naturally to lessen the material differences among the people has top priority for it. Capitalism, on the contrary, favors the rich and approves and contributes to widen the gap between the haves and the have-nots in the society; and this is one major difference between the two systems.

Islam recognizes the differences among people owing to their natural inborn talent, education, capacity for work, and so on, and makes allowances for these. But socialism would ignore these differences among people and impose its “concept of equality” on the society. That is why the Khmer Rouge in Cambodia (the radical Communists who controlled Cambodia for four nightmarish years from 1975 to 1979), for instance, compelled engineers and doctors to work in the farms, with disastrous consequences. But the Islamic state recognizes these differences and gives freedom to people by providing equal opportunities for all members of the society to develop and utilize their talents and tastes as best as they can.

The chief cause of economic problems, according to the capitalists, is the scarcity of natural resources; whereas according to the socialists, it is the exploitation of the workers by the capitalists. Islam differs from both as it realizes that the reason for the economic problems is man himself. The Qur’an says what means:

*{And He has made subservient to you the sun and the moon pursuing their courses, and He has made subservient to you the night and the day. And He gives you of all that you ask Him; and if you count Allah’s favors, you will not be able to number them; most surely Man is very unjust, very ungrateful.}* (Ibrahim 14:33-34)

This means that unjust and ungrateful man disregards God’s laws that provide the principles of equality and social justice; thereby he creates discord between groups and wastes the resources and scatters destruction. Thus, from the Islamic point of view, it is man himself who is the root of all problems; so if man is taught to check his pride, his meanness and his greed, there will be peace on earth, as well as progress and prosperity.

For the above reason, the first endeavor of Islam is to develop in its adherents a commitment to honor God’s laws in nature, in individual life as well as in social life. In brief, the political or economic system of Islam is an inseparable part of a complete code for the whole of human life. Therefore, it is pointless to isolate one area of human endeavor from the total Islamic system to analyze it. In other words, the economics or politics of Islam is of a piece with its morality and spirituality, which are reflected in Muslim life. The advantage Islam has over man-made systems is that Islam binds man to God. As someone has explained, Islam starts from the depths of the human conscience and proceeds in its endeavor to secure a happy life for all.


http://www.onislam.net/english/ask-about-islam/islam-and-the-world/politics-and-economics/166290-is-islam-capitalist-or-socialist.html?

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The unfortunate conditions obtaining in the Muslim world today have misguided some to regard the Islamic economic system as a form of "Capitalism." Nothing can be farther from truth. Exactly speaking, Islam is a class by itself. But if it can be likened to any of the modern ideologies, that is Socialism. A brief analysis of the economic teachings of Islam in the light of this fact may, therefore, be given, in order to bring into broad relief the role which Islam can play in defeating the challenge of Communism.

(1) Islam is not "Capitalism" because, although it allows private property and gives the scope for personal initiative, it is definitely opposed to the concentration of wealth in the hands of a few. Islam achieves that end by different means, the most important among which are:—

(a) Islam stands for the state-ownership of such "means of production" as the mineral wealth, thus eliminating from its society the steel-barons and the oil-magnates.

(b) Islam prohibits usury and interest in all forms. All students of economics know that the greatest impetus which Capitalism receives today is from the modern system of Banking which functions on the basis of interest. Islam does not permit the rate of interest to rise above zero and conceives the Bank primarily as the medium of commercial transactions.

(c) In the field of Agriculture, Islam does not favour feudal absentee landlordism. Its ideal is the creation of a society of peasant-proprietors.

(d) Among all the systems of Law, the Islamic law of inheritance is the most anti-capitalistic. It stands for the distribution of inherited wealth among the largest number of persons on the basis of the widest margin of relationship.

(e) Islam condemns the hoarding of capital in very strong terms. It imposes a fairly heavy tax on all capital, above a certain minimum standard, for the benefit of the less fortunates.

(2) The Islamic economic system is "socialistic" because:—

(a) From the ultimate point of view, Islam regards the interest of the society above the interest of the individual.

(b) Islam makes it an obligation of the Islamic state to provide for the basic necessities of life, including such 'modem necessities' as health services and free education, for all of its citizens. With that end in view Islam levies a Social Insurance Tax on all persons possessing more than a certain minimum of wealth.

(c) Islam stands for free trade. It is averse to monopolies and favours the participation of the largest number of people in commerce, for which it advocates the creation of Mutual Alliance Societies—Islam's substitute for Capitalistic Banking.

(d) In the field of industry, Islam's ideal is the creation of the "Co-operative Guilds of Workers" where all forms of exploitation as well as unrest and bad blood are eliminated.

(e) Islam, however, does allow private enterprise in industry even as it allows private trade. But then it propounds a socialistic principle of wages. In that connection: (i) It gives freedom to the wage-earner to fix his wages at whatever reasonable level he desires. Simultaneously with this prerogative it safeguards the wage-earner against all possible harm which the 'capitalist' might do to him by closing the doors of livelihood, and for that purpose it creates a fund for the maintenance by the state of all unemployed wage-earners; (ii) The standard of wages which Islam has ordered all the Muslim employers to adhere to is that in which the employee gets the "same to eat" which the employer eats and the "same to wear" which the employer wears. That means equalisation of economic status between the employer and the employee in the basic necessities of life.

(f) Islam does not only demarcate clearly the legitimate (socially good) and the illegitimate (socially evil) means and methods of income but it also limits the legitimate items of expenditure in such a way that in a. truly Islamic society it must become (and it did become in actual fact in the glorious period of Muslim history) impossible to find glaring inequalities in the basic manifestations of economic life. It is in the field of luxuries that most of the social heart-burning is to be found, and Islam sets healthy limits to them. For instance, household articles made of gold and silver have always formed an integral part of aristocratic life. Islam prohibits them definitely. Similarly, Islam prohibits the use of certain types of aristocratic clothes by men. Islam has permitted the Muslims to spend only on such things which have some real utility for the development of human life and it lays down the comprehensive principle that all spare money which one has, after spending on the basic and healthy necessities of life, is a trust of God meant for the improvement of the social health.

(g) As all students of Islam know, Islam establishes "spiritual democracy," "social democracy" and "political democracy" of the most perfect type. The teachings of Islam relating to these three aspects of human life, combined with its economic teachings, if followed in letter and spirit, guarantee the establishment of a classless society where all social conflicts must remain in abeyance.


http://ourpurposeoflife.blogspot.co.nz/2011/06/islam-capitalism-and-socialism.html

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Friday, January 25, 2013

Fatwa : Islamic Jurisprudence and Legal Maxims

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By MUGHEES SHAUKAT
22/04/2009

INCEIF the Global University in Islamic Finance
Kuala Lumpur, Malaysia
MIF/PhD Program

General Perception of Fatwa and its role in Islamic Finance
(See paper for abstract and Introduction)

The first legal rulings were issued by the Prophet in his role as intermediary between God and the Muslims. Fatwa is one of the noble tasks of Prophethood that has been known throughout the history of mankind. Due to the critical position of fatwa competent scholars fear from it and prefer not to get involved in its process due to the implications on human life.

1. Meaning of fatwa

A fatwa (plural fataawaa), in the Islamic faith is a religious opinion on Islamic law issued by an Islamic scholar. In Sunni Islam any fatwa is non-binding, whereas in Shia Islam it could be, depending on the status of the scholar.

Fatwa is derived from the root fata, which includes in its semantic field the meanings “youth, newness, clarification, explanation.” In the Qur'an, the term is used in two verbal forms meaning “asking for a definitive answer,” and “giving a definitive answer” (4.127, 176), although neither passage has a binding clause. Consequently, the concept of fatwa in early Islam developed in the framework of a question-and-answer process to better communicate on religious matters. Its subject was 'ilm (knowledge) without further specification. Later, when ?ilm was identified with Hadith (sayings of the Prophet , which are divided into two parts, the matn (text) and the isnad (chain of reporters to verify authenticity), Fatwa came to be associated with ra'y (opinion) and fiqh (jurisprudence). After a corpus of legal definitions emerged, the term followed madrasah (religious school) interpretations, especially when fiqh did not provide clear technical assessments.

In the early days of Islam, fatwa were pronounced by distinguished scholars to provide guidance to other scholars, judges and citizens on how subtle points of Islamic law should be understood, interpreted or applied. There were strict rules on who is eligible to issue a valid fatwa and who could not, as well as on the conditions the fatwa must satisfy to be valid.

2.1 History of fatwa in Islam.

The first legal rulings were issued by the Prophet in his role as intermediary between God and the Muslims. The form in which these legal commands were revealed takes into account the fact that the Islamic model instituted by the Prophet reflected, in some respects, a drastic departure from previous Arab customs while in other areas, the Islamic response built upon existing customary practices. Because of this relationship between pre-Islamic customs and the new Islamic legal structure, many Qur'anic legal commands were revealed as a result of individual members of the Prophet's (s.a.w.) community approaching him for "clarification regarding the continuing validity of a certain practice."

After the Prophet's death, when direct access to divine revelation was no longer available, Muslims turned to the Prophet's closest Companions for guidance. Fatawa at this point in Islamic history took the form of the Companions commenting on how the Prophet approached a certain issue. When the generation of the Companions died out, Muslims came to rely on hadith, which were linked to the Prophet through their isnad. Those who mastered these hadith, the 'ulama, became in the second Islamic century the means by which to receive religious guidance on specific issues. As the Islamic Empire expanded and sophisticated state control became increasingly necessary, legal scholarship as the basis of state legitimacy-took on a similarly bureaucratic nature. Whereas "fatwa began as a private activity that was independent of state control," it became increasingly formalized, culminating in the creation of the four Sunni madhhabs and Shi'i Jafari madhhab, each of which compiled its own "fatwa collections."

Today, with the existence of modern independent States, each with its own legislative system, and/or its own body of Ulemas, each country develops and applies its own rules, based on its own interpretation of religious prescriptions. Many Muslim countries (such as Egypt and Tunisia) have an official Mufti position; a distinguished expert in the Shariah is appointed to this position by the civil authorities of the country.

2.2 Fatwa of Sahaba (companion of the Prophet)

Fatwa (opinion or ruling) of Sahaba is indeed a very important and deserves highest consideration, they being close to the Prophet and because of their direct knowledge from the Prophet. There is some disagreement as to who is a Sahabi. Majority hold that anybody who met the Prophet while believing Islam is a Sahabi. Minority hold that "Suhbat" (continuity of companionship) is a requirement to call a person a Sahabi of the Prophet [Imam Shawkani, Irshad; also Dr. Hashim Kamali, Principles of Islamic Jurisprudence, Islamic Texts Society, Cambridge, U.K.]. Both points of view have justifications and cannot be ignored. The fact of being Sahabi can be established by continuous testimony (tawatur) or by affirmation of any other companion or even by own claim (if the person is upright).

Fatwa of Sahaba means an opinion reached by a Sahaba by way of Ijtihad. As regards whether fatwa of Sahaba constitute a proof on succeeding generations, there are three views: First view is that - it is an absolute proof. The proponents of this view quote the Quranic verses 9:100, 3:109. They also quote Hadith like "my companions are like stars" or “Honour my companions". First view is held by Imam Malik, Imam Shafii and Ahmad Bin Hanbal also have been quoted in its support. Against this view, it has been suggested that these references speak of the status and dignity of Sahaba. These are not categorical (Qaati) regarding compulsion to obey their decisions).

Second view is - that Ijtihad of a companion is not a proof and does not bind the succeeding generations. Hanafi jurist Abul Hasan al Karkhi, Imam Ahmed (according to one view of him) and Asharite and Mutazilite scholars hold this view. They quote the Quranic Ayat 59 : 2 ("Consider, O You who have vision"). It is argued that the Ayat makes Ijtihad an obligation of all who are competent and makes no distinction between Sahabis and others. Imam Gazali and Amidi consider it preferred view.

Third view is that of Abu Hanifa himself. He says that ruling of a companion is a proof if it is in conflict with Qiyas but not when it agrees with Qiyas. The aforesaid are the main views. There are some other views which may be seen in the books of Usul. It can be concluded that the Fatwa of a companion is a source of guidance which merits careful consideration (though not binding except in case of their clear Ijma).

2.3 Contemporary Trends

There have been significant recent developments as to the muftī's character, the medium through which fatawa are communicated, the types of questions posed, and the methodologies by which the muftīs arrive at their answers. According to the traditional principles of Islamic jurisprudence (usūl al-fiqh), a muftī must acquire a high level of specialized knowledge before issuing fatawa; however, many militant and reform movements have disseminated fatawa issued by non-specialists which have been widely circulated and followed. For example, in 1998 Usāma bin Lāden, together with four other associates calling themselves the World Islamic Front, issued a fatwa calling for a “Jihād against Jews and Crusaders.” The fatwa proclaimed it the individual duty of all Muslims to kill as many Americans as possible, including civilians. In addition to denouncing the content of this and other fatawa attributed to bin Lāden, many Muslim jurists have stressed bin Lāden's lack of the requisite qualifications for either issuing fatawa or declaring jihād.

In July 2005, nearly two hundred prominent ῾ulamā' convened in Jordan to issue a ruling that recognized the legitimacy of eight schools of Islamic law, forbade declaring any member of these schools to be an apostate, and declared that only scholars trained according to the requirements of a recognized school of law may issue fatawa. Known as the “Amman Message,” a major purpose of the statement was to delegitimize the fatawa promulgated by leaders of violent Islamist movements.

A fatwa issued in the aftermath of the September 11, 2001, attacks on the United States also illustrates several recent trends in iftā'. A few days after the attacks, a Muslim chaplain in the U.S. Army asked a group of 'ulamā' about the permissibility of participating in a war against Muslim countries. In response, five Middle Eastern scholars issued a joint fatwa permitting Muslim military personnel in the U.S. armed forces to participate in actions against Muslim states. Rather than referencing any of the major schools of Islamic law, the authors of this fatwa drew support for their position directly from the Qur'ān and Hadith. The collective fatwa, the lack of adherence to any one school of law, and the incidence of questions from Western Muslims directed toward muftīs in Muslim countries have all become common features of iftā'.

An estimated one‐third of the world's Muslims now live in majority non‐Muslim countries. The demand for fatawa on such issues as attending church weddings, responding to a French ban on headscarves in public schools, or buying houses through mortgages, has led to the controversial development of what since 1994 has been termed fiqh al‐aqallīyāt, or the jurisprudence of Muslim minorities. Organizations such as the Fiqh Council of North America, established in 1986, and the European Council for Fatwa and Research (ECFR, http://www.e-cfr.org/ar/), founded in 1997, have sought to provide authoritative rulings that address the concerns of minority Muslims, facilitate their adherence to Islamic law, and stress the compatibility of Islam with life in diverse modern contexts.

The ECFR's international membership has adopted an explicit methodology of drawing on all four major schools of law, as well as a range of other legal concepts, in order to produce collective fatawa suitable for European contexts. For example, an ECFR ruling issued in 2001 allowed a female convert to Islam to remain married to her non‐Muslim husband; the muftīs justified this stance partly on the basis of existing European laws and customs which guarantee women the freedom of religion. Although this type of ruling has been welcomed by many, it has been criticized by others as a divisive system of exceptions.

Far less formal than the deliberations of the ECFR; are the fatawa, issued online by “cyber-muftis.” Web sites such as Islam‐Online (www.islamonline.net/) and Fatwa‐Online (www.fatwaonline.com/) are among a large number of sites offering instant fatawa to readers from all over the world. Islam-Online publishes a searchable archive of ‘live fatwa’ sessions, which numbered almost a thousand in mid‐2007, and posts each muftī's biography. These sites, along with radio shows and satellite television programs offering call‐in fatawa, have contributed to the changing, and thriving, nature of contemporary iftā'. Muslims may now consult any number of muftīs worldwide, anonymously, instantly, and from the comfort of their home or local Internet café.

2.4 Scope of Fatwa

Fatwa covers a wider scope, including matters of legal theory, theology, philosophy, and creeds, which are not included in fiqh studies. Thus, the concept retains a broader concern about religion and society than is reflected in the formal Islamic law defined by the five schools. From the perspective of judicial authority, realm, and enforceability, fatwa is contrasted with qadā, or court judgment. The jurisdiction of fatwa is wider than qaḍā; matters such as 'ibadat (religious duties or obligations) are excluded from the power of courts, even though they are essential parts of Islamic law and appear very prominently in fiqh manuscripts and fatawa. The major difference between the two is in their enforceability: qadā is binding and enforceable whereas fatwa is voluntary. The concept of fatwa can therefore be seen as an indirect instrument for defining formal concepts of law when applied in courts. From the perspective of moral and religious obligation, fatwa is contrasted with taqwā or piety. For instance, a fatwa may allow choice between a lenient (rukhsah) and a severe ('azimah) view about the permissibility of a certain matter, or it may resort to legal devices (hilah) to circumvent the strict implications of a law, but taqwā may not approve of such strategies. This last contrast is often referred to in literary and Sūfī writings.

2.5. Characteristics of fatwa in Islamic

Imam Ahmad (may Allah be pleased with him) said that the one nominated to hold the position of Mufti, should possess the following characteristics:

o He should have a pure intention to guide the questioner and never to misguide him.
o He should have deep insight, equanimity and tranquility.
o He should have a firm religious background and deep knowledge.
o In his capacity as a religious leader, the Mufti should have adequate means to earn hislivelihood.
o Finally, he should be aware of daily life and contemporary issues.”

Moreover, Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, adds “Not every individual has the right to issue Fatawa and make pronouncements on matters. A Mufti must be qualified and of profound knowledge. He has to be able to know the evidence, the wording and apparent meaning of the texts, what is Sahih (authentic) and what is Da`if (weak), An-Nasikh wal-Mansukh (the abrogating and the abrogated), what is specific in application and what is general, and what is stated in brief and what is mentioned in detail.

This needs lengthy experience and practice, knowledge of the various branches of Fiqh and where to look for information, knowledge of the opinions of the scholars and jurists, and memorization or knowledge of the religious texts. The Mufti should be knowledgeable and rich in life experience. We cannot imagine him to live in an ivory tower and turn a blind eye to life around him. Undoubtedly, issuing Fatawa without having qualification to do so is a grave sin. Allah has warned us against that, saying: "And speak not, concerning that which your own tongues qualify (as clean or unclean), the falsehood: "This is lawful, and this is forbidden,’ so that ye invent a lie against Allah. Lo! Those who invent a lie against Allah will not succeed.” (An-Nahl: 116)”

According to the usul al-fiqh (principles of jurisprudence), the fatwa must meet the following conditions in order to be valid:

o The fatwa is in line with relevant legal proofs, deduced from Qur'anic verses and hadiths; provided the ahadith was not later abrogated by Muhammad.
o It is issued by a person (or a board) having due knowledge and sincerity of heart;
o It is free from individual opportunism, and not depending on political servitude;
o It is adequate with the needs of the contemporary world.

2.6 Legal implications of a fatwa

There is a binding rule that saves the fatwa pronouncements from creating judicial havoc, whether within a Muslim country or at the level of the Islamic world in general: it is unanimously agreed that a fatwa is only binding on its author.

Fatwa functioned independently of the judicial system, although in some systems muftīs who issued decrees would be officially seconded to religious courts. Thus, in Andalusian benches muftīs sat as mushawar (jurisconsults), and in early British Indian magistrates they sat as mawlawis (men of learning). Jurists compiled volumes of fatawa stating, for the benefit of judges, the consensual and authoritative views and doctrines of a particular school. Partly for these reasons, the position of muftīs in Muslim political systems was defined by the role fiqh enacted in that society. In Andalusia, jurists were indeed powerful, because they were part of the shūrā (council) of amīrs and caliphs, whereas in the Ottoman and Mughal political systems, the chief muftī was designated as Shaykh al- Islam. Muftīs were also appointed to various other positions, including market inspectors, guardians of public morals, and advisors to governments on religious affairs.

Under colonial rule the madrasahs took over the role of muftīs as religious guides. The madrasahs established the institution of dar al-ifta, a place to issue fatawa. The print and electronic media in the nineteenth and twentieth centuries reinforced the role and impact of fatawa. Muftīs were faced with day-to-day challenges in economic, political, scientific, and technological fields. Not only did the scope of fatwa widen, but because of its instant availability to a wider public, its language, presentation, and style adapted. Although no international Islamic authority has been established to settle legal differences, an Islamic Fiqh Academy was created in January 1981 by the Organization of the Islamic Conference (OIC), but its renditions are not binding.

This was underlined by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, in an interview with the Arabic daily "Asharq al awsat", as recently as on July 9, 2006, in a discussion of the legal value of a fatwā by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been rendered by IFA on April 12, 2006 .

Despite this, sometimes, even leading religious authorities and theologians misleadingly present their fatwa as obligatory, or try to adopt some "in-between" position.

Thus, the Sheikh of Al-Azhar in Cairo, Muhammad Sayid Tantawy, who is the leading religious authority in the Sunni Muslim establishment in Egypt, alongside the Mufti of Egypt, said the following about fatawa issued by himself or the entire Dar al-Ifta:

"Fatwa issued by Al-Azhar are not binding, but they are not just whistling in the wind either; individuals are free to accept them, but Islam recognizes that extenuating circumstances may prevent it. For example, it is the right of Muslims in France who object to the law banning the veil to bring it up to the legislative and judicial authorities. If the judiciary decides in favor of the government because the country is secular, they would be considered to be Muslim individuals acting under compelling circumstances." Otherwise, in his view, they would be expected to adhere to the fatwa.

In Morocco, where king Mohammed VI is also Amir al-Muminin (Commander of the faithful), the authorities have tried to organize the field by creating a scholars' council (conseil des oulémas) composed of Muslim scholars (ulema) which is the only one allowed to issue fatwa.

In this case, a national theocracy could in fact compel intra-national compliance with the fatwa, since a central authority is the source. Muslims in other nations would obviously not be required to obey it.

3. Islamic Schools of law their Methodology of fatwa and its development:

There are a few methods of fatwa applied by scholars from different school of law, depending on various approaches in Islamic jurisprudence. We elaborate very briefly on those methods according to the popular school of law:

3.1. Maliki School of law:

Imam Malik was known as the “master” of the Hadith School and therefore the influence of hadith in his ijtihad is very clear, and his fatwa is tradition or hadith based. Before Imam Malik gets involved in the issuance of fatwa, he usually considers and observes few criteria in his fatwa as follows:

o ‘Farness from fatwa’, he used to say I don’t know in most of the cases subject to his ijtihad.
o Thoughtfulness, slowness, careful consideration, deliberation before fatwa in order to provide an accurate and sound Islamic ruling. This approach demonstrates the value and appreciation given to fatwa.
o Imam Malik dislikes issuing fatwa for something which did not yet happen, i.e. Propositional law. Usually he issues the fatwa only when it happens and becomes a real case which needs an Islamic ruling.

3.1.1. The Maliki School its Methodology and Development of fatwa:

The criteria that have been established by the Master of the school were taken into account by his followers and the leaders of the schools after him. Furthermore they have developed the methodology of the fatwa in the school and established a reliable and sound source and criteria for the fatwa in the mazhab. The major sources of Shariah in ijtihad and fatwa observed by the Maliki School taken into consideration during the issuing of the Islamic ruling are: the Holy Quran, Hadith Sharif (tradition of the Prophet ), ijma. (consensus of legal opinion), amal ahl al madinah (tradition of people of Madina), fatawa of the companion of the prophet , qiyas(analogy), masaleh al-mursalah (public interest), istihsan (juristic preference), sadu darrai (blocking the lawful means to an unlawful end), and al-urf (Custom).

The above sources represent the major and important sources for ijtihad and fatwa in the Maliki School. However there are some characteristics pertaining to each source which must be fulfilled to ensure the sound approach in the interpretation of the text, or in determining the new case subject to fatwa.

3.2. Shafai School of law



3.3. Hanafi School of law:

Abu Hanifa. the master of this school, is one of the prominent scholars recognized by this ummah, but his methodology in fatwa and ijtihad is different from Imam malik due to the normative influence from his intellectual environment in Iraq where the hadith was not the back bone of his ijtihad but he depended on a rational approach and the use of the intellect and reasoning as important sources for interpretation. The major sources in the Hanafi School taken into consideration considered during the issuance of fatwa and Islamic ruling are: the Holy Quran, Hadith Sharif, ijma, and selection from fatawa of the companion of the prophet, qiyas, masaleh al mursalah, al-urf and Istihsan.

3.4. Hanbali School of law

Imam Ahmad Ibn Hanbal is the master of the Hanbali school of law and the prominent student of Imam Shafi, The Hanbali school took into consideration the following major sources when issuing the Islamic ruling and they are: the Holy Quran, sunnah (hadith sharif), ijma, fatawa of the companion of the Prophet , al ahdith al mursal (broken chain in companion) and qiyas. Besides the abovementioned sources, Imam Ahmad considered other factors in his fatwa as follows:

o The changing of time and location (this factor is considered by other scholars as well).
o He is not restricted to his previous fatawa.
o He takes into account the principle of daroura.
o Observe the niyyah or intention of the person in his fatwa and the Islamic ruling can be affected according to his intention.

3.5. Imam Al Shawqani (as independent scholar)

Imam al-Shawqani is not a master of any school of law but he is an independent jurist and a competent scholar accepted by the ummah. By reviewing his fatawa in finance and other aspects of Shariah we can observe some important criteria which govern his methodology in fatwa and ijtihad as follows:

3.5.1: Methodology of his fatwa:

Shawqani has adopted some criteria in his fatwa methodology which can be summarized in the following points:

o Refer to al dalil (evidence) and dependence on it in issuing fatwa or in supporting any
Shariah opinion.
o Independent in his ijtihad, which means that Imam Shawqani was an independent scholar in his ijtihad and interpreted the text according to his understanding as a qualified and competent scholar.
o Depending on the Arabic language in extracting the fatwa or Islamic ruling from the text,
o Connecting the branches of fiqh to the Islamic jurisprudence rules.
o Linking the investigation in fiqh with the hadith (Sunnah)
o Depending on reasoning as additional evidence to support his understanding and fatwa.Consideration of the social dimension in his fatwa Consideration of maqasid al-Shariah in his fatwa.

3.5.2: Technical approach in his fatwa:

In addition to the above criteria, Shawqani has some other technical methods which support his overall methodology in fatwa which are as follows:

o Providing an introduction to the fatwa by some rules of Islamic jurisprudence related to the subject matter of fatwa.
o Providing the fatwa in details and not in brief statements like other scholars do. The fatwa of Shawqani therefore is detailed and explicit like a research paper rather than a very brief statement.
o Emphasizing more on the hadith in his fatwa, and depending on it as sound proof and evidence in supporting and empowering his Shariah opinion due to his background in hadith. He is in fact considered as one of the distinguished scholars of hadith.

4. Fatwa in Islamic finance
4.1 Importance of fatwa and its roles in Islamic banking and finance
4.2. Methodology of fatwa in Islamic finance:
4.3. Some rules governing the fatwa and the mufti in Islamic finance
5. Fatwa issued by Shariah board or advisory Shariah council.
5.1. The area covered by Shariah advisory
5.2. Duties and responsibility of Shariah committee
Key Terms
References

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