‫ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﻴﻢ‬

‫ﻧﺤﻤﺪﻩ وﻧﺼﻠﻰ ﻋﻠﻰ رﺳﻮﻟﻪ اﻟﻜﺮﻳﻢ‬

MORALITY AND LAW
IN ISLAM

BY:
MUHAMMAD ‘UTHMAN EL-MUHAMMADY

FOR PRESENTATION IN AIKOL ON THE THEME

CONCERNING ISLAMIC VIEW ON INFRINGMENT OF
MORALITY
ON 30TH OF JULY 2005

WRITER IS VERY DISTINGUISHED ACADEMIC

FELLOW, ISTAC IIUM

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 To be seen in totality
• Proper way of seeing the issue: Islam
metaphysically: God, man, the universe
• Theologically
• Spiritually
• Ethically/morally
• Legally
• Socially
• Civilizationally
• In combination.Should not transimpose other
worldviews onto Islamic categories.After the
totality then only the comparisan.

CATEGORIES OF RIGHTS
• VIEW TWO CATEGORIES OF RIGHTS IN
ISLAMIC
• RIGHTS OF ALLAH (‘HUQUH ALLAH’)
• RIGHTS OF THE SERVANTS (‘HUQUQ AL-
’IBAD’)(‘AL-AHKAM AL-SAULTANIYYAH’ OF
AL-MAWARDI(RH)D.450 A.H)
• BOTH COVER MORALITY & LAW COMBINED
INTO ONE.
• COMBINATION OF BOTH CF WESTERN VIEW
ON BOTH.

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 MA’ARUF /MUNKAR
• QUR’ANIC TERM MA’RUF AND MUNKAR
• COVERING BOTH RIGHTS OF ALLAH
• RIGHTS OF SERVANTS
• COMBINATION OF BOTH (ALL THE THREE
ARE COVERED BY BOTH TERMS MA’RUF
AND MUNKAR; MA’ARUF WHAT IS KNOWN
AS GOOD AND MUNKAR WHAT IS KNOWN
AS EVIL DETERMINED BY REVELATION,
PROPHETHOOD, AND UNDESTANDING OF
BOTH BY HUMAN REASON(THROUGH THE
MEDIATION OF TRADITION, NOT EXCLUDING
IT).CF WESTERN VIEW ON THESE ISSUES

MA’RUF AND MUNKAR

• THE ATTRIBUTES OF THE SACRED
COMMUNITY:
• “YOU ARE THE BEST NATION BROUGHT
FORTH FOR MANKIND, ENJOINING WHAT IS
RIGHT , FORBIDDING WHAT IS WRONG, AND
BELIEVING IN ALLAH.IF ONLY THE PEOPLE
OF THE BOOK HAVE FAITH IT WERE BEST
FOR THEM: AMONG THEM ARE SOME WHO
HAVE FAITH, BUT MOST OF THEM ARE
PERVERTED TRANSGRESSORS”(3.110) CF
WESTERN VIEW ON THIS.

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 HISBAH
• COMMANDING WHAT IS GOOD WHEN IT IS
NEGLECTED, AND FORBIDDING WHAT IS
BAD IF IT IS BEING PRACTISED.QUR’AN
‘AND SO THERE MUST BE AMONG YOU A
GROUP WHO CALLS TO THE BEST AND
COMMAND THE GOOD (‘AL-KHAIR’ AND ‘AL-
MA’RUF’) AND FORBID WHAT IS BAD’(3.104)
– SOME BY APPOINTMENT BYT THE
AUTHORITIES , SOME NOT APPOINTED
• THOSE APPOINTED BECOME FARD ‘AIN ON
THEM , THOSE NOT APPOINTED FARD
KIFAYAH ON THEM (AL-AHKAM.TR.P.337)

RIGHTS OF ALLAH
• FRIDAY PRAYER, IF NOT ESTABLISHED IN
AN INHABITED LOCALITY/REGION, WITH
SUFFICIENT NO. FOR DOING IT, THEY MUST
BE COMMANDED TO DO SO;
• THE ‘MUHTASIB’ MUST COMMAND THEM TO
DO IT
• THEY MUST OBEY HIS COMMAND
• THEY ARE TO BE PUNISHED FOR NOT
DOING SO

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 Modes in Amar Ma’ruf and nahi
Munkar (Ihya’ of Ghazali)
• there are different modes of prevention of sins in
different stages (suitable to those concerned-uem).
The first stage is to know the condition of the sinner,
the second stage is to inform him of the harm of sin,
the third stage is to prevent him from doing the
sinful act the fourth stage is to advise him, and give
him admonition the fifth stage is to rebuke him and
use harsh words, the sixth stages is to apply force,
the seventh stage is to give him threat of beating, the
eight stage is to actually beat him the ninth stage is
to use weapons against him and the tenth stage is to
fight against him with followers and soldiers

Stages in Amar Ma’ruf …

• There are five stages of enjoining good and
forbidding evil, (1) The first stage is giving simple
advice, (2) the second stage is to give sermon with
sweet words. (3) the third stage is to abuse and mere
out harsh treatment, (4) the fourth stage is to apply
force and prevent one from doing a sinful, act, such
as to throw wine from its pot,to snatch away dress of
silk and stolen articles and to return them to rightful
owner and (5) the fifth stage is to assault, beat and
threaten one from doing a sinful act Except in the
fifth stage man is not required to obtain permission
of the authorities to do such works in the four stages
(Ihya’ of Imam Ghazali)

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 EID PRAYERS
• IN SHAFI’E SCHOOL FOR THOSE WHO
VIEW IT AS SUNNAH IT IS
RECOMMENDED THAT PEOPLE ARE
COMMANDED TO PERFORM IT
• THOSE WHO CONSIDER IT AS
OBLIGATORY ON THE COMMUNITY AS
A WHOLE, ORDERING THEM TO
PERFORM IT IS OBLIGATORY
(AHKAM.TR.P.342)

DAILY PRAYERS IN MOSQUE

• AS FOR THE (FIVE) DAILY PRAYERS IN THE
MOSQUES, AND CALLING THE ADHAN FOR
THESE PRAYERS, THESE CONSTITUTE THE
RITES OF ISLAM AND THE SIGNS OF
WORSHIP BY THE MESSENGER OF ALLAH
DISTINGUISHED DAR AL-ISLAM FROM DAR
AL-SHIRK…’(AHKAM.342)
• THE MUHTASIB IS RECOMMENDED TO
ORDER THEM TO MAKE THE ADHAN AND
PERFORM THE PRAYERS

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 INDIVIDUAL & PRAYERS
• IF AN INDIVIDUAL OMITS JUMUAH PRAYERS
OR THE TO CALL THE ADHAN AND IQAMAH
FOR PRAYERS, THE MUHTASIB SHOULD
NOT RAISE OBJECTIONS AS LONG AS HE
DOES NOT MAKE A HABIT OF THIS;
• WARNINGS TO BE GIVEN FOR MISSING
JUMUAH PRAYERS AHOULD BE GIVEN
AFTER CONSIDERING ALL RELEVANT
CIRCUMSTANCES: HIS HABIT INFLUENCING
OTHERS, PUBLIC BENEFIT SERVED BY
PREVENTING HIM BELITTLING THESE RITES
• HADITH ABOUT SETTING HOUSES ON FIRE.

PURIFICATION
• IF A PERSON UNDERTAKES IT IN MANNER
THAT IS PERMITTED, BUT WHICH IS
CONTRARY TO THE OPINION OF THE
MUHTASIB, LIKE HIM GETTING RID OF
MAJOR IMPURITY WITH LIQUIDS (OTHER
THAN WATER) AND PERFORMS WUDHU’
WITH WATER ADULTERATED WITH DUST,
YET RITUALLY PURE…HE SHALL NOT RAISE
OBJECTIONS
• EXAMPLES SUCH AS THESE RELATE TO
ORDERING TO THE GOOD WHICH SHOULD
BE DONE --THE RIGHTS OF ALLAH.(ID.).344.

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 RIGHTS OF INDIVIDUALS &
ALLAH
• LIKE SEEING THAT THE IDDAH DELAY IS
COMPLETED IF WOMEN ARE DIVORCED;
THE WOMEN MUST BE PUNISHED WHO DO
NOT RESPECT THE ‘IDDAH;
• LIKE A MAN WHO DENIES BEING THE
PARENT OF A CHILD WHO IS REALLY HIS,
MUHTASIB SHALL COMPELL THE PERSON
TO FULFILL HIS RIGHTS AS A FATHER, AND
IMPOSE DISCRETTIONARY PUNISHMENT
FOR HIS DENIAL.

INDIVIDUALS’ & ALLAH’S RIGHTS

• LIKE MUHTASIB SHALD ENSURE THAT
OWNERS OF BEASTS OF BURDEN
SHALL BE TAKEN TO TASK FOR NOT
GIVING ENOUGH FODDER, OR USING
THEM FOR TASKS BEYOND THER
CAPACITY CF MODERN EXAMPLES
• OF FONDLINGS, THOSE FINDING
THEM SHALL TREAT THEM PROPERLY
CF MODERN ISSUES

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FORBIDDING EVIL, WHAT IS BAD
• THREE CATEGORIES:
• RIGHTS OF ALLAH
• OF SERVANTS
• COMMON TO ALLAH AND SERVANTS
• E.G.SOMEONE CHANGING LEGAL FORMS
OF RITES, OR CHANGING THE NATURE OF
THE ‘SUNNAHS’ LIKE SAYING SILENT
PRAYERS ALOUD, OR VICE VERSA,
MUHTASIB MUST CENSURE THE PERSON &
PUNISH HIM FOR THIS AS LONG AS HE
DOES NOT SAY WHICH SCHOOL HE IS IN.

FORBIDDING EVIL-RIGHTS OF
ALLAH
• LIKE A PERSON OMMITTING TO PURIFY HIS
BODY, CLOTHES OR PLACE WHERE HE IS
PRAYING, MUHTASIB SHOULD CENSURE
HIM; HE MAY NOT PUNISH HIM JUST
BECAUSE OF SUSPICION;
• LIKE IF A MAN EATS IN RAMADAN , HE
SHOULD NOT BE PUNISHED BUT SHOULD
BE QUESTIONED WHY HE IS EATING, MAY
BE HE IS ON A JOURNEY, OR IS SICK; BUT
MUST ADMONISH HIM TO BE DISCREET
IB.P.347
• SO LAW HAS ROLE IN SUCH MATTERS.

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 FORBIDDING EVIL-RIGHTS OF
ALLAH
• SOMEONE SEEN BEGGING FOR
ZAKAT WEALTH, AND HE HAS MEANS,
EITHR BY WEALTH POSSESSION OR
BY THE ABILITY TO PRACTISE
PROFESSION, THEN THE MMUHTASIB
SHOULD CENSURE HIM AND PUNISH
HIM
• THE MUHTASIB SHOULD DO THIS, NOT
THE ZAKAT OFFICIAL .IBID.P.348

FORBIDDING EVIL-RIGHTS OF
ALLAH
• IF MUHTASIB FINDS A PERSON ENGAGING
HIMSELF IN THE SCIENCE OF THE
SHARI’AH, BUT NOT SUITED TO BE FAQIH
OR PREACHER, AND ‘ HE FEARS THAT
PEOPLE WILL BE DECEIVED BY FALSE
INTERPRETATION AND INCORRECT
ANSWERS, THEN HE SHOULD DENOUNCE
HIM FOR ENGAGING IN SOMETHING FOR
WHICH HE IS NOT SUITED, AND MAKES THIS
PUBLIC SO THAT PEOPLE ARE NOT TAKEN
BY HIM…
• CASE OF HASSAN BASRI & ALI.-IBID. P.349

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 PROHIBITING EVIL, RIGHTS OF
ALLAH RELATED TO MEN
• IF SOMEONE ENGAGED IN KNOWLEDGE
SAYS SOMETHING INNOVATIVE, WHICH
CONTRADICTS THE CONSENSUS AND GOES
AGAINST TEXTUAL EVIDENCE, AND WHOSE
OPINION IS IN OPPOSITION TO THE ‘ULAMA
OF HIS TIME, THEN HE SHOULD DENOUNCE
AND REPRIMAND HIM; IF HE CEASES AND
TURN IN TAWBAH, THEN ALL IS WELL AND
GOOD, IF NOT THE SULTAN IS MORE
ENTITLED TO UPHOLD THE CORRECT
TEACHING OF THE DEEN…IBID.P.349

RIGHTS OF ALLAH-PREVENTING EVIL

CONNECTED WITH KNOWLEDGE
• IF ONE OF THE MUFASSIRUN PROCEEDS
TO GIVE AN INTERPRETATION OF THE
BOOK OF ALLAH , IN WHICH HE ABANDONS
THE MANIFEST MEANING OF THE
REVELATION IN FAVOUR OF AN INNER
INNOVATIVE SENSE TO WHICH HE
ATTACHES THE MOST OBSCURE OF
MEANINGS…THE MUHTASIB HAS TO
DENOUNCE AND PREVENT THEM FROM
CONTINUING…(IBID.P.349)

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PREVENTING EVIL – PEOPLE IN
BUSY STREET
• MUHTASIB MUST PREVENT PEOPLE FROM
BEING IN DUBIOUS CIRCUMSTANCES-
HADITH”LEAVE THAT WHICH CAUSES
DOUBT FOR WHAT DOSE CAUSE DOUBT”.
• IF MUHTASIB SEES A MAN STANDING WITH
A WOMAN IN A BUSY STREET AND THERE
ARE NO SIGNS OF ANY SUSPICIOUS
CIRCUMSTANCES ABOUT THEM, THEN HE
SHOULD NOT GET INVOLVED IN
REPRIMANDING THEM OR REBUKING THEM
.IBID.P.350

FORBIDDING EVIL-MAN &

WOMAN IN STREET
• IF MAN AND WOMAN ARE STANDING
TOGETHER IN AN EMPTY STREET ,
THEN THE VERY EMPTINESS OF THE
STREET IS SUSPICIOUS; HE
DENOUINCES THIS ACTION , BUT
WITHOUT RESORTING IMMEDIATELY
TO CHASTISING THEM MORE
SEVERELY, LEST THEY MAY BE
RELATED TO EACH OTHER…IBID.P.350

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 ABOUT DRINKING WINE
• IF A MAN OPENLY AND BLATANTLY DRINKS
WINE AND HE IS A MUSLIM, THEN THE WINE
IS POURED AWAY AND HE IS PUNISHED; IF
HE IS A DHIMMI , HE IS PUNISHED FOR
DOING IT OPENLY, BUT THE FUQAHA
DIFFER AS TO WHETHER IT SHOULD BE
POURED AWAY…ABU HANIFAH IS OF THE
VIEW THAT IT IS NOT POURED AWAY, AS IT
IS TREATED AS AN ARTICLE OF WEALTH
FOR WHICH THERE IS LIABILITY
ACCORDING TO THEIR RIGHTS…IBID.P
351.CF MODERN SITUATION…

INVESTIGATING,ACTING TO
AVOID CRIME
• WHEN A TRUSTWORTHY MAN INFORMS
THE MUHTASIB THAT A MAN HAD GONE TO
BE ALONE WITH A WOMAN TO FORNICATE,
OR WITH A MAN IN ORDER TO KILL HIM,
THEN IN SUCH CIRCUMSTANCES HE CAN
SPY ON HIM AND PROCEED TO
INVESTIGATE AND EXAMINE, LEST SOME
FRORBIDDEN OR PROHIBITED ACT SHOULD
OCCUR WHICH MIGHT HAVE BEEN
AVOIDED;
• NON-HISBAH MAN CAN ACT LIKEWISE IN
SUCH SITUATION.IBID.P.353.CF.NOW

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 PRACTIONERS AND ARTISANS
• MUHTASIBS ARE ALSO RESPONSIBLE FOR SEEING
THREE KINDS OF PRACTIONERS AND ARTISANS;
TO ENSURE THAIR WORK IS UP TO THE
STANDARD AND NOT DEFECTIVE…
• THE DOCTORS AND THE TEACHERS ; THE
FORMER AS THEY ARE DEALING WITH PEOPLE
• THE LATTER …TO BRING UP CHILDREN ,
CREATING IN THEM SOMETHING WHICH WOULD
BE DIFFICULT TO CHANGE ONCE THEY BECOME
ADULT;
• …THEY SHOULD HAVE SUFFICIENT KNOWLEDGE
AND GOOD METHODS …[OTHERWISE] …WOULD
LEAD TO THEIR CAUSING ILLNESS IN PEOPLE , OR
CORRUPTING OF GOOD BEHAVIOUS IBID.358CF
MODERN SITUATION

QUALITY AMONG ARTISANS

• ARTISANS: GOLDSMITHS, WEAVERS,
FULLERS , OR DYERS-WHO MIGHT MAKE
OFF WITH PEOPLE’SPROPERTY, [THE
MUHTASIB] …SHOULD SEE THAT ONLY
THOSE WHO ARE TRUSTWORTHY ARE
ALLOWED TO STAY; HE MAKES THOSE WHO
SHOW SIGNS OF DISHONESTY LEAVE, AND
HE MAKES THIS PUBLIC, SO THAT THOSE
WHO ARE UNAWARE OF THEIUR
DISHONESTY ARE NOT DECEIVED- IBID.358

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 DENOUNCING SHODDY WORK
GENERALLY
• AS FOR CHECKING THE QUALITY OR
LACK OF IT IN WORK, THIS IS THE
PARTICULAR RESPONSIBILITY OF THE
MUHTASIBS; THEY MUST DENOUNCE
ANY BAD OR SHODDY WORKMANSHIP
IN GENERAL; AND EVEN IF THERE IS
NO THIRD PARTY WHO HAS MADE A
COMPLAINT TO THEM-IBID P.358

OBSERVING QUALITY AMONG

ARTISANS
• AS FOR PARTICULAR INSTANCES IN WHICH
AN ARTISAN MAKES A HABIT OF BAD
WORKMANSHIP, OR IS GULITY OF
FRAUDAULANT PRACTICE, THEN IF
SOMEONE SEEKS HIS HELP IN THE
MATTER, HE SHOULD RESPOND BY
DENOUNCING HIS WORK AND TAKING
PUNITIVE MEASURES; IF PENALTY HAS TO
BE PAID, THEN HE MAY TAKE ACCOUNT OF
THE PENALTY IN QUESTION…IBID.P.358.

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 IMAM PROLONGING PRAYERS
• ABOUT IMAM PROLONGING PRAYERS
CAUSING DIFFICULTIES TO PEOPLE
AND HE DOES NOT CHANGE HIS
HABIT ON BEING ADIVISED TO DO SO,
THE MUHTASIB DOES NOT PUNISH
THE IMAM BUT HE SHOULD REPLACE
HIM WITH AOMEONE WHO WILL
RECITE SHORTER PRAYERS [NAMELY
NOT RECITING LONG CHAPTERS BUT
SHORTER ONES] –IBID. P.359

ANIMALS OVERBURDENED
• IF WONER OF ANIMALS EMPLOYS THEM TO
TASKS FOR WHICH THEY ARE NOT ABLE TO
BEAR ALL THE TIME, THE MUHTASIB
SHOULD DENOUNCE HIM AND PREVENT
HIM FROM SUCH PRACTICES, EVEN IF NO
ONE HAS COMPLAINED TO HIM;
• IF THE OWNER CLAIMS THAT THE ANIMALS
ARE CAPABLE OF DOING SO, THE
MUHTASIB CAN INVESTIGATE THE CASE, IF
NECESSARY ALSO BY HAVING RECOURSE
TO CUSTOMS AND HABITS OF THE
PEOPLE.-IBID.P.360CF MODERN SITUATION .

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 OVERBURDENING SHIPS
• MUHTASIB MUST PREVENT SHIPOWNERS
FROM CARRYING A LOAD WHICH EXCEEDS
THE CAPACITY OF THE SHIP , LEST IT
SHOULD LEAD TO ITS SINKING; LIKEWISE
HE SHOULD STOP THEM FROM SAILING
WHEN THE WINDS ARE STRONG; IF MEN
AND WOMEN ARE BEING CARRIED , THEN
HE SHOUILD SEE THAT THEY ARE KEPT
APART BY A BARRIER –IBID PP360-361 CF
MODERN SITUATION ABOUT VEHICLES ETC

TRADERS DEALING WITH

WOMEN
• IF THERE IS A MARKET TRADER WHO IS
PARTICULARLY ACCUSTOMED TO DEAL
WITH WOMEN, THE MUHTASIB SHOULD
CHECK HIS GOOD BEHAVIOUR AND HIS
TRUSTWORTHINESS;
• IF HE PROVES TO HAVE THESE QUALITIES ,
HE IS LEFT TO DEAL WITH THE WOMEN, IF
DOUBTS ARISE, AND THERE ARE CLEAR
SIGNS OF CORRUPT BEHAVIOUR ON HIS
PART, THEN HE IS STOPPED FROM
DEALING WITH THEM…IBID.CF MODERN
SITUATION

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 CAUSING OBSTRUCTION ON
ROADWAYS
• IF PEOPLE PUT DOWN THEIR MATERIALS
AND BUILDING MACHINERY IN ROADWAYS
AND MARKETPLACES TEMPORARILY,
INTENDING TO MOVE THEM AFTER A
WHILE, THEN THEY MAY DO SO IF NO HARM
IS CAUSED TO PASSERS-BY-BUT THEY ARE
PREVENTED FROM DOING SO IF HARM IS
CAUSED BY THEM…IT IS UP TO THE
MUHTASIB TO MAKE IJTIHAD AS TO WHAT
CONSTITUTES HARM OR NOT…IBID.361.CF
MODERN SITUATION

ABOUT CASTRATION AND

DYING OF HAIR
• THE MUHTASIB MUST PREVENT THE
CASTRATION OF MEN AND ANIMALS ALIKE,
AND PUNISH THOSE RESPONSIBLE ;…
• HE MUST PREVENT OLDER MEN FROM
DYING THEIR HAIR BLACK, UNLESS THEY
ARE MAKING JIHAD IN THE WAY OF ALLAH,
AND HE SHOULD PUNISH THOSE WHO
COLOUR THEIR HAIR FOR THE SAKE OF
WOMEN; HE SHOULD, HOWEVER, NOT
PREVENT THE USE OF HENNA AND KATAM
DYES-IBID.P.362,CF MODERN SITUATION-
IBID.P.362

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