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Islamic Studies

Course Materials: Contents


Lecture 1: Islam Definition

Lecture 2: Shariah(The Islamic law)

Definition and Divisions

The Five Ruling Values (al-Ahkam al-Khamsah)

The Five Ahkam

Who is legally and morally obligated to follow the teaching of Islam?

Lecture 3: Shariah: Sources

The Primary & Secondary Sources of Shariah

The Primary Sources of Shariah

Quran

Sunnah (The Tradition of the Prophet)

Ijma (The consensus of Muslim scholars)

Qiyas (Analogical Deductive Reasoning)

Lecture 4: THE OBJECTIVES (MAQASID) OF THE ISLAMIC DIVINE LAW

Maqasid Theory

The Abandoned Ship as a Case Study

Why Divine Law (Shariah) was Revealed?

What are the Three Categories of Benefits in Islam?

The Maqasid Model:

The Circle of the Essentials (Daruriyyat):

Religion, Life, Intellect, Procreation, Property

Reason and Revelation

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The Circle of the Complementarities

The Circle of the Embellishments

General Legal Principles

Al-Ghazali on the Question of the Abandoned Ship

Lecture 5: Islamic Creed

IMAN: Articles of Faith

1. Believing in Allah,

2. His angels,

3. His Books,

4. His Messengers,

5. The Last Day,

6. To believe in divine destiny (al-Qadar), both the good and the evil thereof.

Lecture 6: Ethics: Moral Concepts

Genral Introduction and Definition

The relationship between the Heart and the interior image

Haya (Modesty)

Khatiah (Sin) -Sins of the body -Sins of the heart

Tawbah (repentance)

Imam Al Ghazali on the Sins of the Body and the Heart:

- On the Avoidance of Sins of the Body

- On the Avoidance Sins of the Heart

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Other moral concepts to be discussed in class:

- Taqwa (to be conscious or mindful of the teaching of Allah)

- Sabr (patience)

- Ikhlas (Sincerity)

- Sidq (Truth)

Lecture 7: ON THE AVOIDANCE OF THE FORBIDDEN

On the Avoidance of Sins of the Body

On the Avoidance Sins of the Heart

On the Avoidance of Sins of the Body

Lecture 8: Ethics and Profession

What are the Five Fundamental Canons of Islamic Engineering Ethics?

Lecture 9: THE APPLICATION OF ISLAM TO DAILY LIFE

Lecture 10: The Social System

Family : Marriage

Marriage: Definition

Marriage: The essential requirements of the contract

Marriage: The requirements of Marriage

Marriage: The characteristics of a successful partner

Marriage: Rights and duties of the wife

Marriage: Rights and duties of the husband

Fiqh of Family Life

- Steps to Be Taken in Marriage

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- Formal Procedures of Marriage

- Family Obligations

Kinds of Divorce

- With Respect to the Wording Used

- With Respect to the Conditionality

- With Respect to if It is Done According to the Sunnah or in an


Innovational Manner

- With Respect to Being Revocable or Irrevocable

- Khula

The Waiting Period

Custody

Lecture 11: The Family Life

Lecture 12: Rights and Duties

Lecture 13: Divorce

Lecture 14:

Islam and Conrtemporary Issues:

Co-existence-lecture

Moral Obligations toward future generations Article

Modern technology and preventive Ethics- Article

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Lecture 1:
Islam: definition
Religion:
In general, world religions can be divided into two main categories: revealed religions and man-
made (or un-revealed) religions. The revealed religions are those which are revealed from Allah
SWT to a messenger through the angel of revelation. The messages of the revealed religions are
recorded in a book this is why those people who believe in revealed religion are also called People
of the book. The three living revealed religions are:

Judaism and the book of the Jews is the Torah


Christianity and the book of the Christians is the Bible or the Enjeel
Islam and the book of the Muslims is the Quran

The revealed religions also called Monotheistic religions ( ) because all of them believe
in one God and only one. Thus Judaism, Christianity, and Islam all of them believe in one God
and that there is no deity worthy of worship except Allah.

Among the un-revealed religions you can find: Hinduism, Sikhism, Buddhism, Taoism, and
Confucianism.

The Meaning of the Word Islam



The word Islam in the Arabic language has two cohesive meanings dynamically connected:

First: The word Islam derived from the Arabic root of three letters: (S.L.M.) ... = which
means peace. However, the practice of Islam as a religion cannot be accomplished properly, in
its full sense, unless the will of a worshiper is totally submitted to the will of the Creator: Allah
(The God).

Second: The meaning of the word Islam refers to the total submission of the will of human beings
to the will of God. The Arabic root for this submission is Aslama, which means to turn oneself

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over to. By this submission, and only by this surrender and submission, a human can reach a life
of peace and happiness on spiritual, personal, and social levels.

Notice that if you work for a company and you refuse to submit your will to that of your employer,
then you will not live in peace. If you live in a country and you refuse to submit your will to the
will of its law, then peace will be out of your reach, and your life will be restless. Islam is similar
to that; so if you live in this universe as a Muslim, then you should submit to the will of its creator.

Islam is the religion that Allah, the Creator Himself, gave to mankind, and the religion that He
accepts from them. Allah said:

The religion before Allah is Islam (submission to His Will). (Quran, 3:19)

Islam can be the religion of any person male or female, who willingly accepts the faith by
declaring the Shahadah and testifies that there is no deity worthy of worship but Allah, and testifies
that Muhammad is His messenger.

Can Muslims Force People to Accept Islam?


Notice that there is no compulsion in this religion; meaning that Muslims cannot force or coerce
people to accept Islam as their system of belief. There are good reasons showing why this is
impossible in Islam:

First: forcing people to accept Islam as a religion is against the command of the religion itself; it
is against the command of Allah the Exalted- who clearly said in the Quran in one of the verses:

There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong
path. Whoever disbelieves Taghut [false deities] and believes in Allah then he has grasped the
most trustworthy hand-hold that never breaks. And Allah is All-Hearer, All-knower. (Quran,
2:256) (emphasis mine)

Second: religion is a faith that settles deeply in the heart. People cannot be forced to believe
something in their hearts. People can say something by tongues and have the exact opposite in
their hearts.

Third: Allah wants people to worship Him out of their total acceptance and absolute devotion.

Fourth: Islam is a choice of voluntary surrender and submission of the human will to the will of
the Creator. It would be, therefore, contradictory to force someone to submit his or her will to
Allah.

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The Overflowing Love: Three Dimensions of Submission
To submit ones will totally to the will of Allah is to absorb with love and manifest with devotion
this religion in all aspects of ones life. When you love the Lord, the love overflows from your
heart to the rest of your body. Thus, you act with love, and when you act with love you become a
beloved person, and when you become a beloved person you live in peace. Living in peace is the
ultimate happiness. Islam is rich and does enrich the life of man. Islam requires devotion on three
levels:

To believe in these words and have faith in them within the heart.
Saying by the tongue, articulating the belief: I bear witness that there is no god but Allah,
and I bear witness that Muhammad is His messenger.
Manifestation of this belief with action.

Is Islam a Religion or is the Religion Islam?


Allah the Exalted- said:
The Religion before Allah is Islam (submission to His Will): Nor did the People of the Book
dissent therefrom except through envy of each other, after knowledge had come to them. But if
any deny the Signs of Allah, Allah is swift in calling to account." (Quran, 3:19)



"

)19:" (

The Quran teaches that the religion is Islam and it does not teach that Islam is a religion, in other
words the Quran teaches that the entire religion of man on earth is nothing more than a total
submission of the will of man to the will of the Creator. Submission is the form of total devotion,
the Arabic words Islam and Aslama means to turn oneself over to,1 in this sense to turn the non-
eternal to the eternal: to the Creator, to turn the finite to the infinite, to turn the less knowledgeable
to the absolute knowledge of Allah, and to obey Him.

How do Muslims Submit to Allah?


Since Islam is a structured religion, submission and obedience should not be blindly practiced and
should not be determined according to an individual approach or personal reflection, instead it is
universally set and must be practiced in the same way by all Muslims. Islamic religion does not
allow some people to hold themselves superior to others based on race, color, ethnicity,
intellectuality, money, or any other thing.

Obedience to Allah must be practiced in certain ways, which are the ways set by Allah in a manner
that is achievable by all. The practice of all Muslims is unified through the activities of worship.

1
Al-Razi (1989): p. 273.

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When the Prophet Muhammad (pbuh) answered Angel Gabriel in the above Hadith, he defined
Islam as follows:

Islam is to testify that there is no god but Allah and Muhammad is the Messenger of Allah, to
perform the prayers, to pay the zakat, to fast in Ramadan and to make the pilgrimage to the House
if you are able to do so.

These are the five Pillars of Islam, which we will discuss in this order:

1. Shahadah: to testify that there is no god but Allah and Muhammad is the Messenger of
Allah.
2. Salat: Prayer
3. Zakat: Obligatory Charity
4. Sawm: Fasting during the Month of Ramadan
5. Hajj: Pilgrimage to Mecca

The Oneness of Allah (The God) is central to Islamic religion and Islamic philosophy as we will
see, in fact the declaration of faith in Islam is an emphasis of this oneness by saying: I bear witness
that there is no god but Allah, and I bear witness that Muhammad is his messenger.

Notice that you may read in the Quran a verse with the plural pronoun in a form such as We
saying:

Say: "Come, I will rehearse what Allah hath (really) prohibited you from": join not anything as
equal with Him; be good to your parents; kill not your children on a plea of want - We provide
sustenance for you and for them - come not nigh to shameful deeds, whether open or secret; take
not life, which Allah hath made sacred, except by way of justice and law: thus doth He command
you, that ye may learn wisdom. (Quran, 6:151) (Emphasis mine)

It is absolutely acceptable in the Arabic language to refer to a singular by using the plural pronoun
we which is also called the royal we, however, when the Quran addresses the issue of
worshiping One God or talking about Islamic creed it is always presented in the singular pronoun
I in Arabic: or Me as in His saying the Exalted-:

Verily, I am Allah: there is no god but I: so worship Me (only), and establish regular prayer for
celebrating My praise. (Quran, 20:14) (Emphasis mine)


)14: " ( "
Or as in this verse both pronouns were used in clear reference to One God, Allah the Exalted-
says:

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Not a messenger did We send before you but We revealed to him (saying): that there is no god
but I; therefore worship Me. (Quran, 21:25) (Emphasis mine)

)25: " (
"

What is the Islamic Calendar?


The Islamic calendar is also called Hijri calendar named after the migration (Hijrah) of the Prophet
Muhammad from Mecca to Madina in 622 A.D. The dates of the Islamic calendar usually followed
by AH meaning: After the Hijrah or migration of the Prophet (pbuh). For example the 2008 AD is
1429 AH in the Islamic calendar.

The Islamic calendar is a lunar calendar; based on counting the motion of the moon orbiting the
earth. The moon revolves annually around the earth in 354 days which make the lunar Islamic
calendar 11 days shorter than the Gregorian calendar which is based on the solar system and the
total number of its days is 365. The difference of 11 days makes Islamic holidays and festivals
appear every year in the western calendar 11 days before the previous year.

There are twelve months in the Islamic calendar. Each lunar month is either 29 or 30 days, no more
or less than that. The day in the lunar calendar starts with the citing of the new born moon (usually
observed around sunset time) the day starts with sunset time and ends with sunset time. The
beginning of the Islamic New Year starts in evening and not midnight. The twelve months of the
Islamic calendar from the beginning of the year are as follow:

Month Month

1 Muharram 7 Rajab

2 Safar 8 Shaban

3 Rabi al-Awwal 9 Ramadan

4 Rabi al-Thani 10 Shawwal

5 Jamadi al-Awwal 11 Thul-Qadah

6 Jamadi al-Thani 12 Thul-HijjaH.

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Indeed, the number of months with Allah is twelve [lunar] months in the
register of Allah [from] the day He created the heavens and the earth; of these,
four are sacred. That is the correct religion, so do not wrong yourselves during
them. And fight against the disbelievers collectively as they fight against you
collectively. And know that Allah is with the righteous [who fear Him].



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Lecture 2:
Shariah(The Islamic law)
Definition and Divisions
The Divisions of Shariah
Usul al-Din (Islamic Scholastic Theology)-Iman
Akhlaq (Ethics and Purification of the Soul)- Ihsan
Fiqh (jurisprudence) Islam

What is Shariah?
Shariah is the comprehensive body of Islamic laws which includes legal and moral values
according to which Muslims life both the public and private should be regulated. The term
Shariah means "way" or "path to the water source". In this sense the Arabic word Shariah refers
to the way of life that is prescribed by Allah (SWT) for Muslims. Shariah is based on the Holy
Quran and the Sunnah (the tradition of the Prophet Muhammad (pbuh)).

THE DIVISIONS OF THE ISLAMIC SHARIAH


Shariah or the Islamic Divine law is divided into three major parts in regard to fields of knowledge
and investigation. These three parts are:

Fiqh, or jurisprudence, deals with legal requirements and regulations of the Islamic religion; such
as the five pillars of Islam and how to apply them, their legal and religious requirements...etc.

Usul al-Deen, or scholastic theology deals with Iman and the related issues of faith or Itiqad, such
as the articles of faith, life after death and resurrectionetc.

Akhlaq or ethics or Sufism deals with the way that people should or ought to live according to the
Islamic moral values. It also deals with the purification of the soul and reaching higher standards
in spirituality and love of Allah.

We will discuss Usul al-Deen first, then Aklaq, and we will discuss Fiqh with more details after
that.

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Divisions of Shariah

Fiqh Usul al Din Akhlaq


Jurisprudence Scholastic Theology Sufism
Islam Iman Ihsan

ISLAM, IMAN, & IHSAN


Hadith Gabriel: The Prophetic Tradition of Gabriel
On the authority of 'Umar (may Allah be pleased with him), who said:

One day while we were sitting with the Messenger of Allah (may the blessings and peace of Allah
be upon him) there appear before us a man whose clothes were exceedingly white and whose hair
was exceedingly black; no signs of journeying were to be seen on him and none of us knew him.
He walked up and sat down by the Prophet (may the blessings and peace of Allah be upon him).
Resting his knees against his and placing the palms of his hands on his thighs, he said:

O Muhammad, tell me about Islam.

The Messenger of Allah (may the blessings and peace of Allah be upon him) said:

Islam is to testify that there is no god but Allah and Muhammad is the Messenger of Allah, to
perform the prayers, to pay the zakat, to fast in Ramadan and to make the pilgrimage to the House
if you are able to do so.

He said:
You have spoken rightly, and we were amazed at him asking him and saying that he had spoken
rightly. He said:

Then tell me about Iman.

He said:

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It is to believe in Allah, His angels, His books, His messengers, and the Last Day, and to believe
in divine destiny, both the good and the evil thereof.

He said: You have spoken rightly.

He said:

Then tell me about Ihsan.

He [the Prophet (pbuh)] said:

It is to worship Allah as though you are seeing Him, and while you see Him not yet truly He sees
you.

He said:
Then tell me about the Hour.

He [the Prophet (pbuh)] said:

The one questioned about it knows no better than the questioner.

He said:

Then tell me about its signs.

He [the Prophet] said:

That the slave-girl will give birth to her mistress and that you will see the barefooted, naked,
destitute herdsmen competing in constructing lofty buildings.

Then he took himself off and I stayed for a time.

Then he [the Prophet (pbuh)] said:

O 'Umar, do you know who the questioner was?

I said:

Allah and His Messenger know best.

He [the Prophet (pbuh)] said:

It was Gabriel, who came to you to teach you your religion.

(It was related by Imam Muslim in his book: Sahih Muslim)

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Usul al-Deen (Ilm al-Kalam or Scholastic Theology)
Deals with Matters of Faith (Aqaed). Islamic scholastic theology (Ilm al-Kalam) was established
to achieve these goals:
First, to clarify the accepted foundations (usul) or Aqaed of Islam such as believing in One God,
One Creator, Prophecy, etc

Second, to prove these foundations (Usul) by rational proof or demonstration and argumentation.

Third, to defend these foundations (Usul) against any attack, criticism, or doubt. Their defense is
also through rational demonstration.

What are the Subjects of Islamic Theology?


Theology covers:

1. Existence of Allah, and Divine attributes. (Tawheed)


2. Prophecy (Nubuwwa)
3. Life after death or eschatology (Maad)
Islamic Theology (Usul al-Deen) deals with knowing Allah as the creator, knowing that to Him
we will return (al-Maad), and knowing the source of obligation, which is revelation and prophecy.

Using prayer as an example, how to pray is an issue of Jurisprudence, how to derive a legal opinion
about the correctness of the prayer is an issue of principles of jurisprudence, and how Muslims are
obligated to pray, is an issue from Usul al Deen, through revelation from The Quran and Sunnah.
Why Muslims are obligated is an issue of Usul al Deen, because Allah is the creator and He
legislates what is beneficial to man.

What is Fiqh (Jurisprudance)?


In general the Arabic word fiqh means knowledge, understanding and comprehension.

But in the technical sense Fiqh is a field of Islamic sciences in which the faqeeh (the jurist) infers
a practical legal ruling from its detailed valid sources. The sources of legislation in Islam are
divided into two categories:

First, the primary sources:

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The Quran
Sunnah,
Ijma (consensus of Muslim Scholar),
Qiyas (analogical reasoning)

Second, the secondary sources:

Maslaha (Public interest)


urf (custom)
Sadd al-Dharai (Blocking the means)
Istishab means presumption of existence or non-existence of facts.
Amal Ahl al-Madinah (The practice of the people of Madinah)
Sharu man Qablina (the Law of previous monotheistic religions)

Jurisprudence covers the two aspects of human life in regard to rights and duties:

1. The area of worshipping or Ibadat: covers the relationship between humans and their Creator
in terms of the rights of Allah over His creatures, and duties of man in worshipping Allah.

2. The area of human interactions or Muamalat: regulates and covers the relationship among
humans in a social setting, in terms of rights and duties. It also regulates the relationship between
humans and the rest of nature (animals, plants, natural resources, and the environment).

The science of fiqh started in the second century after Hijrah, when the Islamic state expanded and
faced several issues which were not explicitly covered in the Qur'an and Sunnah of the Prophet
(pbuh) Rulings based on the unanimity of Muslim scholars and direct analogy are binding. The
four Sunni schools of thought, Hanafi, Maliki, Shafi'i and Hanbali, are identical in approximately
75% of their legal conclusions. Variances in the remaining questions are traceable to
methodological differences in understanding or authentication of the primary textual evidence.
Differing viewpoints sometimes exist even within a single school of thought.

The most comprehensive and precise definition of Fiqh that clearly reflects the perspective of the
jurists is: Knowledge of the injunctions of the Shar`ah that deal with outward practice, derived
from their specific proofs. An analysis of this definition follows:

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1. Fiqh is a proper noun, referring to a discipline with a specific subject matter and equally
specific principles. The fiqh studied by the jurists who are the scholars of Fiqh according to this
definition in their books, researches, and legal opinions, is not a science where qualitative
judgments take precedence over reason or where feelings take precedence over facts

2. Fiqh is knowledge of the injunctions of the Shar`ah. The injunctions of the Shar`ah are those
injunctions that are derived from the revealed texts. This clause excludes judgments based on the
dictates of reason like the knowledge that the universe is temporal and that one is half of two. It
also excludes verdicts taken from the use of specific terminology.

An injunction of the Shar`ah is a rule prescribed by the Divine Lawgiver for a certain matter. This
injunction might outline a specific type of legal accountability, like that of obligation or
prohibition. In this case, it is called a ruling of accountability. It might also be devoid of
accountability, like a ruling that something is legally valid or invalid. In this instance, it is known
as a set ruling.

3. Fiqh is the knowledge of the injunctions of the Shar`ah that deal with outward practice. This
clause shows that the injunctions that fiqh is concerned with are those that pertain to the outward
actions of people, both in their worship and their daily interactions with each other. This excludes
issues and injunctions pertaining to belief and dogma, as well as those pertaining to spiritual
development and reform, for none of these injunctions concern outward actions. Instead, they fall
under the domain of Theology and Ethics respectively.

4. The definition mentions that knowledge of the injunctions of Fiqh is derived from their specific
proofs. This means that the only injunctions that are considered in the science of Fiqh are those
that are derived from the well-known sources of Islamic Law. The jurist is the one who derives
each and every ruling from its proper piece of evidence. Islamic Law or Fiqh is not set down
by any national government, but is Divine legislation derived from religious sources.

The specific proofs intended are the individual proofs that come from the Qurn and Sunnah,
like Allahs words:

Forbidden for you are carrion, blood, and the flesh of swine. And the words of His Messenger
(peace be upon him):

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Gold and silk are permissible for the women of my nation but not for the men.

The specific proofs can be contrasted by the general proofs that are the concern of the scholars of
Jurisprudence who investigate what types of sources can be used as evidence in Islamic law, such
as the Qurn and Sunnah, consensus, and juristic analogy.

The injunctions dealt with by the Shar`ah can be broken into three categories:

1. That which relates to Islamic beliefs. This includes the injunctions relating to Allahs essence
and attributes, His Messengers, His books, and the Day of Judgment and all the events that follow,
like the reckoning of deeds and recompense. This type of injunction is the domain of Theology.

2. That which relates to spiritual development and reform. This includes those injunctions that
deal with the virtues that a person must adorn himself with, like honesty, integrity, keeping
promises, courage, altruism, humility, good conduct with others, pardon, and forgiveness. It also
deals with the base qualities that a person must avoid at all costs, like lying, deception, breach of
promise, cowardice, stinginess, selfishness, pride, bad conduct with others, as well as other
qualities that degrade a persons moral makeup. These issues are dealt with in the study of Islamic
Ethics.

3. That which relates to the regulation of the outward behavior of people. This includes the
injunctions pertaining to the conduct of the human being with respect to his Creator, like the
injunctions relating to prayer, fasting, zakh (alms tax), and the Hajj pilgrimage. It also includes
the injunctions concerning the interactions between people, such as those pertaining to commerce,
lease transactions, marriage, and divorce. Likewise, it includes the injunctions pertaining to the
individual and the state in both war and peace, among other things. The science that specializes in
these issues is known as fiqh (Islamic Law).

It is clear from this breakdown that the Shar`ah is more general than fiqh and that fiqh is
completely contained within the Shar`ah.

The Four Major Schools of Islamic Law:


In regard to legal doctrines and inferring legal opinions (Ijtihad) there are four major schools of
law or jurisprudence that are followed by Muslims, and two schools that are followed by fewer
Muslims. These schools also called Madhaheb of Fiqh or legal doctrines in law or jurisprudence,
they are:

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Al-Hanafi Madhhab, named after Abu Hanifa (80-150 AH. 699-767AD.).
The Hanafi school of law was officially adopted by the state during the 'Abbasid caliphate and
continued to be officially the madhheb of the Ottoman Empire until 1924.

Today the Hanafi School of Islamic law is widely accepted and followed by Muslims and practiced
in their daily life in the following regions and countries: Pakistan, Afghanistan, India, Balkans,
Transcaucasia, the central Asian republics, and China.

Al-Maliki Madhhab, named after Malik Ibn Anas al-Asbahi (93-179 AH. 713-795AD.)
The Maliki Islamic School of Law was established in Madina in the Arab peninsula and spread to
the Hijaz and the Gulf area. It was accepted and practiced by Muslims in Sudan, Andalusia, in
Spain, and northwest Africa. It is now the daily practice of many Muslims and the dominant school
of fiqh in Sudan, Morocco, Algeria, Tunisia, Libya, and Spain.

Al-Shafei Madhhab, named after its founder Muhammad Ibn ldris al-Shafe'i (150-204 AH.
767-820AD.).

This school was established in Baghdad by al-Shafe'i, then al-Shafei moved to Egypt where his
school found acceptance, however, after the Ottoman conquest in 1517 the Hanafi Madhheb
become the official school of jurisprudence in Egypt. Currently the legal opinion of al-Shafei is
the daily practice of many Muslims in these regions: Malaysia, Indonesia, Egypt, Palestine, Jordan,
the coastlands of Yemen, and among populations in Pakistan, and India.

Al-Hanbali Madhhab, named after Ahmad Ibn Hanbal (164-241AH. 780-855AD.)


Ibn Hanbal born in Baghdad and traveled to Syria, Yemen, and Mecca. He died in Baghdad.
Although he is the founder of this school of jurisprudence, his major work was in Hadith. Ibn
Khallikan said that Imam Ahmad memorized one million prophetic hadiths by heart.

This school is now widely accepted and practiced in Saudi Arabia and some Middle Eastern
countries.

Al-Jafari Madhhab, named after Jafar al-Sadiq (80-148 A.H./ 699-765A.D.)


He was a descendent of the Prophet (pbuh) and the sixth Imam from the descendents of Ali. He
was a great scholar in the Islamic religious sciences. In fact, Abu Hanifa and Malik ibn Anas both
studied with him in Madina. The Shiah who believe in the Twelve Imams consider Jafar al-Sadiq
to be the founder of their school of jurisprudence or Islamic law that is called Jafari School.

The Shiah, especially in Iran and some countries in the Middle East and Africa, follow this school.

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Al-Dahiri Madhhab established by Abu Daood al-Dahiri and enhanced by Ibn Hazm al-
Andalusi.

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The Five Ruling Values (al-Ahkam al-Khamsah)
The Five Ahkam
Who is legally and morally obligated to follow the teaching of Islam?

Allah -the Exalted- said in the Quran:


In the Law of Equality there is (saving of) Life to you, O you people of understanding; that you
may become righteous. (Quran, 2: 179)


)179: " ( "

Rules and regulations are very beneficial to human life, but if they are not enforced they are seldom
obeyed. Take for example regulation of speed limits, or prohibition of drinking and driving. These
regulations are very beneficial to everyone; they save the life of the driver, the lives of others,
protects the property of the driver, property of others, property of the state, family members, and
many other things. However, this regulation cannot achieve its goal without a law with a system
of legislation, courts, and punishments to enforce it on society. Similar to that is the regulation of
the benefits in the Quran; it is enforced by a set of punishments.

The regulations and the ruling values in Islam are called Ahkam. One ruling value or regulation of
actions is called Hukm. There are five kinds of Ahkam in the Islamic Divine Law. Let us discuss
them in some detail.

Five Ahkam or Ruling Values in Shari'ah


These five categories of Ahkam are legal and moral regulations and are related to the behavior of
humans in their relationship with Allah.

What is a Hukm (a legal rule)?


Hukm is the word and command of Allah that is addressed and related specifically to the actions,
or behaviors, or deeds of humans who are capable of performing these commands.
From this definition we can conclude that in Islam the ruling values of behavior and moral
responsibility or legal obligation are derived from:
- The word of Allah (through the Qur'an)
- The tradition of the Prophet Muhammad (pbuh) (through the Sunnah)

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- The consensus (Ijma') of 'Ulama' or scholars of Islamic law in light of the Qur'an and
Sunnah
- From analogical deductive reasoning or Qiyas.

This legal regulation, or Hukm, commands either permission or prohibition. It is either in the form
of a request or a demand (talab) to do a particular thing, or a demand to avoid doing a particular
thing. This request or demand might also be in the form of a binding obligation or could be in a
form of giving choice, as we will see in textual examples from the Qur'an and Sunnah.

The Hukm, or legal regulation, might give the believer the freedom of choice in making a decision
whether to do a particular thing or not, without giving specific preference to the choice made by
the believer. This is called takhieer in Arabic.

The Hukm or legal obligation might also be in the form of making one thing as a cause of the other
or its condition or prevention.

For example the following Ayat are Hukm of prohibition:

"O you who believe! Enter not houses other than your own, until you have asked permission and
greeted those in them: that is best for you, in order that you may remember." (Qur'an, 24:27)

"And do not come near to adultery. Indeed, it is ever an immorality and is evil as a way." (Qur'an,
17:32)

Hukm is the legal command establishing what is prohibited and what is not, for example this
following verse is not a hukm; it is only a description about natural phenomenon:

"It is not permitted to the Sun to catch up the Moon, nor can the Night outstrip the Day: each (just)
swims along in (its own) orbit (according to law)." (Quran, 36:40)

The following verse is a hukm because it regulates something, making it forbidden and obligatory
on every Muslims to avoid:

"O you who believe! Intoxicants and gambling, [dedication of] stones, and [divination by] arrows,
are an abomination of Satan's handiwork. So avoid that in order that you may be successful."
(Qur'an, 5:90)

Who is Legally and Morally Obligated (Mukallaf)?

21
Every Muslim, male or female, who is mature by reaching the age of puberty, and mentally
competent is obligated to follow the commands of Allah. For the Prophet Muhammad said:

Allah's commands exclude those who are asleep till he wakes up, and the young until reaching
puberty, and the insane till they become mentally competent.

Thus, there are three requirements for legal obligation and moral responsibility:

1. Islam; which excludes non-Muslims.


2. Maturity (having reached puberty); which excludes infants,
babies, and children.
3. Sound Rationality, consisting of two parts:
A. Consciousness; which exclude people in sleep, anesthetic, comatose people, and the
like.
B. Mental competence; which excludes the insane, mentally ill and similar cases.

The Nature of Allah's Commands


All the commands of Allah to humans are within the realm of human capability and capacity.
There is not a single command in the Qur'an that humans cannot carry out or perform.

"Allah burdens not a person beyond his scope. He gets reward for that which he has earned, and
he is punished for that [evil] which he has earned." (Quran, 2:286)

In the Islamic Divine law the Ahkam and the legal regulations in regard to all human behavior can
be divided into five categories:

Wajeb or Fardh (Required, Obligatory):


This category includes obligations such as daily prayer, obligatory fasting, etc., which are
obligatory on every Muslim, male or female, who have fulfilled the requirements of takleef, or the
ability to do them. The requirements of takleef that every Muslim should fulfill in order to perform
these obligations are:

First, being mature by reaching the age of puberty (children are not obligated in Islam, but they
are encouraged).

Second: by having sound reasoning (insane, comatose people, or people in a similar unconscious
states are not obligated).

This type of required behavior is binding and it is established by definitive proof in the Qur'an and
Sunnah. The performance of Wajeb or Fardh acts is rewarded. According to the Qur'an and

22
Sunnah, if a Muslim neglects performing these required behaviors they would be punished, both
in this world and the hereafter.

The obligations or Fardh are divided into two kinds:

One is called Fardhu 'Ayn which means individual or personal duties that every Muslim is
responsible to do. Each Muslim male or female is responsible for his or her own prayers,
almsgiving and fasting and are held individually accountable for the performance of these duties.

Second: are those called Fardhu Kifaya, which means collective duties, such as attendance at
funeral prayers, or commanding the good and forbidding evil. If some member of the community
did this Fardh in a way that fulfills the goal, then it is no longer obligatory on the rest of the
community to do it, and they are absolved from this duty. Those who perform this duty are the
ones who will be rewarded. If no one achieves this Fardh, then the whole community will be held
accountable.

Mandoob (Recommended):
This hukm is also called: mustahabb, masnoon, and nafl. Mandoob is any act that is commendable
but not required. While there is no punishment for the neglect of duties which are Mandoob, there
is reward for performing them.

The Mandoob or recommended acts include extra prayers, fasting Monday and Thursday, praying
sunat alfajr, charitable acts, and pious deeds of different kinds. For example:

O you who believe! When you deal with each other, in transactions involving future obligations
in a fixed period of time, reduce them to writing. (Quran, 2:282)

Documenting transactions and debt among people is not obligatory but recommended in order to
protect the rights of people and their inheritances in cases of denial or forgetfulness. Although the
Qur'anic word "write" gives the meaning of obligatory command in Arabic, writing down debts is
not Wajeb but recommend, because in the rest of the ayah there is an explanation in the form of 'If
you trust each other, then there is no need to the writing' which renders the action as only Mandoob.
Since the command of Allah in the Wajeb or obligatory is not conditional, rather it is imperative.

Mubah (Permitted but Morally Indifferent):


This is also called: ja'ez and halal (lawful). Mubah is any act that is left to the personal decision
and to individual liberty. Muslims can make the decision whether or not to perform any act that is

23
considered Mubah. There is neither reward nor punishment for the performance or avoidance of
the Mubah. For example Allah -the Exalted-said:

This day are [all] things good and pure made lawful to you. The food of the People of the Book
is lawful to you and yours is lawful to them. [Lawful to you in marriage] are [not only] chaste
women who are Believers, but chaste women among the People of the Book, revealed before your
time, when you give them their due dowers, and desire chastity, not lewdness, nor secret intrigues.
If any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those
who have lost [all spiritual good]. (Quran, 5:5)

The Mubah is usually called halal (lawful), the reference to which is usually associated with the
word halal or any other word similar in meaning in Arabic such as:

It is no fault in the blind nor in one born lame, nor in one afflicted with illness, nor in yourselves,
that you should eat in your own houses, or those of your fathers, or your mothers, or your brothers,
or your sisters, or your father's brothers, or your father's sisters, or your mother's brothers, or your
mother's sisters, or in houses of which the keys are in your possession, or in the house of a sincere
friend of yours: there is no blame on you, whether you eat in company or separately. But if you
enter houses, salute each other - a greeting of blessing and purity as from Allah. Thus does Allah
make clear the Signs to you: that you may understand. (Quran, 24:61)

There is a rule in Islamic law that all things in their original or natural state are Mubah (halal or
lawful) unless there is a regulation of their prohibition because Allah -the Exalted- said in the
Qur'an:

He is Who created for you all that is on earth [outside the earth or hidden inside it]. (Quran,
2:29)

Although there is neither a reward for doing mubah nor is there a punishment for avoiding it, the
intention might turn a mubah act into a rewarding act. For example eating with the sincere intention
to strengthen your body so you can work more and help your parents is an act of reward, because
of the sincere intention toward the parents.

Makrooh (Discouraged):
An act that avoiding its doing is preferable over doing it. One such act would be divorce, for the
Prophet Muhammad (pbuh) said:

24
The most abominable of permissible things in the sight of Allah is divorce. (Hadith)

However, for acts of doing makrooh there is no punishment, and for the avoidance of these acts
there is reward.

Another example: the Prophet Muhammad (pbuh) made it clear that it is makrooh to offer to buy
something for which another person has made an offer to purchase. Or trying to offer an
engagement to a woman who was already engaged to another person.

Makrooh is the opposite of mandoob, meaning that the neglecting of a mandoob act is discouraged
and leads to a makrooh.

Haram (Forbidden or Prohibited):


It is also called mahdoor. Haram is any act that is prohibited by the religion. These acts are binding
by definitive proof in the Qur'an and Sunnah. For the performance of haram there is punishment
and for the avoidance of haram there is reward.

Some examples of haram are killing, theft, unlawful sexual activity or adultery, drinking alcohol,
and gambling.

The prohibited acts are clearly mentioned in Islam with the word of prohibition or other words
similar in meaning in the Arabic language. An example is this verse from the Qur'an, where Allah
-the Exalted- says:

Prohibited to you (for marriage) are: your mothers, daughters, sisters; father's sisters, mother's
sisters; brother's daughters, sister's daughters; foster-mothers (who gave you suck), foster-sisters;
your wives' mothers; your step-daughters under your guardianship, born of your wives to whom
you have gone, no prohibition if you have not gone in; (those who have been) wives of your sons
proceeding from your loins; and two sisters in wedlock at one and the same time, except for what
is past; for Allah is Oft-Forgiving, Most Merciful. (Quran, 4:23)

Another example from the Qur'an:

Those who unjustly eat up the property of orphans, eat up a fire into their own bodies: they will
soon be enduring a blazing fire! (Quran, 4:10)

By doing what is haram or prohibited a person is subjecting himself to punishment; in this world
or in the hereafter. Specific punishments are prescribed penalties and are applied according to
Islamic Divine Law, and can only be performed by an Islamic court with qualified judges.

25
According to the tradition of the Prophets, abstaining from haram is an act that deserves the
rewards that are enjoyable in the hereafter.

Every prohibited thing in Islam is prohibited, by the Qur'an and Sunnah, in order to secure benefits,
the rights of people, to enhance the society, or to prevent harm.

Haram or the prohibited are of two kinds:


The first type is forbidden intrinsically (haram lidhatihi), meaning that it is harmful itself, and it
becomes forbidden for the harm that is intrinsically possessed. Harm will be inflicted on the user
of such a thing. An example of this is found in the Qur'an, where Allah -the Exalted- said:

"He has only forbidden you dead meat, and blood, and the flesh of swine" (Quran, 2:173)

The meat of carrion is prohibited for the harm that it causes to the user. The same can be said about
alcohol, killing, and stealing. Adultery, murder, and theft, are all forbidden for the same reason.

The Second kind is forbidden extrinsically (haram lighayrihi) or an act that is forbidden for a
reason other than itself. This kind of haram is not harmful in itself, and might be useful, but it is
associated with something else that deprives it its value and turns it to haram. An example would
be as follows: prayer is wajeb, but to pray in a house or on land that is taken illegally and unlawfully
from others make the prayer itself unacceptable. A contract of business or sale that takes place
during the time of the Friday congregational prayer is a haram of this kind, although sale and
business is not forbidden, but during this specific time it becomes haram lighayrihi.

Table of the Five Ruling Values or Ahkam

26
The Kind of Ruling Value or Doing it Not Doing it
Hukm

1. Wajeb or Fardh (Obligatory) Reward Punishment

2. Mandoob (Recommended) Reward No Punishment

3. Mubah (Permitted) No Reward No Punishment

4. Makrooh (Discouraged) No Punishment Reward

5. Haram ( Forbidden) Punishment Reward

The Dynamic Nature of the Five Values:


It might be worth noticing here that these five values (ahkam) have a dynamic nature intended to
preserve the flexibility that is needed in dealing with diversity of peoples circumstances and
needs. One act can move out of its category to another one or to its opposite, for example, fasting
is wajeb or obligatory but for a pregnant woman (her nutrituion is needed for the fetus) Shariah
gives her permission to breack the fast. Also for a mother who breast feed her baby (and no other
source of milk is available) her fasting might change from the category or Hukm of being Wajeb
to that of prohibition, if her fasting deprive the baby necessary means of life.

Muslim scholars always tried to avoid reducing these five values into two and they avoid giving
judgments in the limited and rigid form of either obligatory or forbidden. This methodology of
avoiding assertion and dogmatic judgment (in areas in which there is no textual authority to support
the Hukm) is beneficial in opening the door for other ideas and opinions to coexist, also to show
that judging other people through two values might leave no room for understanding the special
circumstance that determine the action of other people. Unfortunately many Muslims today
understand Islam through their own limited vision of two values (halal or haram) and as such the
person becomes judgmental about Muslims and non-Muslims. This is also contradictory to the
teaching of Islam and the practice of the Prophet Muhammad. Muslim scholars wrote books on
this issue in order to educate Muslims, the judge Abu Yusuf (d. 179 AH/ 795 AD) replied to Al-
Auzai (d. 158AH/774AD) another scholar of jurisprudence on his usage of the two terms: lawful
(halal) and forbidden (haram) saying: What a presumptuous statement of Al-Auzai is This is
halal from God. I found my teachers disliked the practice of saying in their decisions This is halal
(lawful) and This is haram (forbidden) except that which is expressly mentioned in the Quran
without any tafsir (commentary).2

2
Faruki, Kamal, Legal Implications for Today of Al-Ahkam Al-Khamsa (The Five Values), in Ethics in Islam,
edited by Richard G. Hovannisian, Undena Publications, Malibu, California, 1985, p. 67-68.

27
The Five Ahkam

Wajeb (Obligatory) Haram (Forbidden)

Mubah (Permissible)

Mandoob (Recommended) Makrooh (Discouraged)

28
Lecture 3: Shariah: Sources

The Primary & Secondary Sources of Shariah



The Primary Sources of Shariah

Quran
Sunnah (The Tradition of the Prophet)
Ijma (The consensus of Muslim scholars)
Qiyas (Analogical Deductive Reasoning)

Shariah (The Islamic Law) is derived from the Arabic word Sharaa which means to
prescribe or to enact. Quran and the Sunnah of the Prophet Muhammad (pbuh) are the main
sources of Shariah. However, the consensus of Muslim scholars or Ijma and analogical reasoning
or Qiyas are also reliable sources of legislation in the area of unregulated benefits, thus, we can
say that Shariah is derived from the following sources: Quran, Sunnah, Ijma, and Qiyas. I will
discuss each one briefly.

Quran: The First Source of Islamic Shariah


The Quran is the main source Shariah. Thus it is the main source of Muslims method of life in
its total ranks and various aspects. Allah -Almighty- called this Quran: Huda meaning Guidance
that leads people to the right path.

This is the Book about which there is no doubt, a guidance for those conscious of Allah. (Quran,
2:2)

)2: " ( "


Allah also called the Quran Furqan meaning a criterion by which people can distinguish right
from wrong, truth from falsehood, rights from duties, and the beneficial from the harmful. The
Quran covers many areas such as belief itself, moral responsibility, legal obligation, social justice,
family, history, nature, benefits, spirituality, and happiness of people in this life and in the
hereafter. Although the Quran is not a legal document it includes within its regulation of what is

29
beneficial, a portion that is deeply legislative. Among these aspects are the rights and duties of
people toward each other, and their relation to their Lord. I will discuss this part with more details
in the following chapter on the divisions of shariah.

The language of the Quran in regard to Ahkam and legal regulations is of two kinds:

First: it is specified clearly and prescribed with no need for interpretation; and thus it is definitive
in meaning or Qati. An example of this qati is the command of praying or fasting, the prohibition
of usury in both ways of lending money or borrowing money or the prescribed punishment of
eighty lashes in cases of false accusation or Qadhf. The punishment of such harming acts are
quantitatively set, and mathematics and numbers are so clear in references, therefore, there is no
need for reflection and interpretation for this text.

Second: the text is not completely definitive and it is open to interpretation. This kind of text is
called speculative or Dhanni. In the case of speculative text the interpretation of such is only a
duty and work of some Ulama or scholars who are authorized, and are highly qualified by reaching
the highest rank of understanding the Quran, Quranic Sciences, the tradition of the Prophet, the
Arabic language, and being able, skilled, and talented in logical inference. This person is called
Mujtahid and his or her work is called Ijtihad. Ijtihad is encouraged in Islam in order to understand
Shariah. An example of this is the command of Allah to rub or wipe the head during Wudu:

O you who have believed! When you rise up for prayer, wash your faces, and your forearms to
the elbows, and wipe over your heads and wash your feet to the ankles. (Quran, 5:6)

The command of rubbing the head is qati, however, how big is the area to be rubbed is speculative;
is it the whole head or portion of it?

In this latter case Mujtahids can give their personal interpretation based on the understating of the
Quran itself first, or on saying or doing of the Prophet, if he can find this as a support, and other
available sources, as we will discuss later. As a result different Mujtahid might give different ideas,
but the variety of such in jurisprudence is useful because it gives the individual and the community
the liberty of choosing that which is most beneficial to them.

Who is the Mujtahid?


A Mujtahid is a Muslim scholar who has the knowledge, talent, skills of concluding or inferring
Islamic legal opinions from detailed sources and evidence. A Mujtahid must be very well
acquainted with Quran and Sunnah and the objectives of the Islamic Divine law, as these two

30
sources are the main sources of legislation. They also must be skilled in the Arabic language,
history, literature, and life experience will be very supportive. This Mujtahid is also called Faqeeh
(Jurist) or Alim (Scholar) or Mufti. From the process of doing Ijtihad over the issues that needed
to be speculated and interpreted there emerged in Islamic religion four schools of Ijtihad and
jurisprudence that are still practiced today, and two other schools that are less followed in number.
I will return to these schools under the divisions of Shariah.

Some of the Famous Mujtahids are:


Abu Hanifa
Malik Ibn Anas
Jafar al-Sadiq
Ash-Shafei
Ahmad Ibn Hanbal
Al-Awzai

Sufian ath-Thauri

Abu Hamid al-Ghazali

Ibnu Taimia

Ibn Hazm

Sunnah: The Second Source of Islamic Shariah


In this context of studying Shariah, Sunnah is: the tradition of the Prophet Muhammad; what he
said, what he did, and what he saw and approved of.

Sunnah is the second source of legislation in the Islamic Shariah. It comes after Quran; which is
the first and the main source of legislation. The regulation of Muslims lives according to Sunnah
is necessary, especially when the Quranic text is speculative or brief; where the saying or the
doing of the Prophet interprets, explains, or applies with spelling out the commands of Allah in
daily life. While the Quran has more than six thousand ayat (verses), the ayat of legal regulations
are about two hundred. The prophetic hadiths, or sayings of the Prophets, in regard to legal
regulations are about four thousand. Thus, Sunnah is the best explanatory source of the Quran,
Allah said:

31
And We have sent down to you the Message; that you may make clear to the people what was
sent down to them, and that they may give thought. (Quran, 16:44)
"
)44: " (

The Sunnah of the Prophet explains and expounds the principles of the Quran and the legal
commands in it in the following ways:
Specifying the common,
Limiting the absolute,
Detailing the general, and
Clarifying the obscure.
For example: prayer is regulated in the Quran as obligatory, however, how many rakaas in each
and how to pray is not mentioned in the Quran. It is the Sunnah that made this general command
specific, through the saying and the action of the Prophet himself. The Prophet led Muslims in
prayer, so they observed him praying, and he told them:

Do your regular prayer after my example.

""

By saying and doing things, especially in explaining the Quran, the Prophet was inspired and
instructed by revelation. He does not speak on his own, nor does he bring personal opinions, Allah
says:

Nor does he speak from [his own] inclination. It is no but a revelation revealed [to him]. (Quran,
53:3-4)

Following the Sunnah of the Prophet, especially in the area of legislation, is obligatory, and the
obligation is derived from the Quran itself:

And whatever the Messenger has given you take; and what he has forbidden you refrain from.
And fear Allah; indeed, Allah is strict in Punishment. (Quran, 59:7)


)7:" (

"

Another Ayah:

O you who have believed, obey Allah, and obey the Messenger, and those charged with authority
among you. And if you disagree over anything, refer it to Allah and His Messenger, if you should

32
believe in Allah and the Last Day. That is best [way], and most suitable for final determination.
(Quran, 4:59)

However, following the whole Sunnah of the Prophet in regard to legal regulation or general daily
practice is recommended since the Prophet, peace be upon him, is the best example, Allah said:

You have indeed in the Messenger of Allah a beautiful pattern (of conduct) for any one whose
hope is in Allah and the Final Day, and who engages much in the praise of Allah. (Quran, 33:21)



)21:" (
"

All prophets are of very high standard of morality. Allah described the Prophet Muhammad (pbuh)
as having a great standard of moral values:

And thou (standest) on an exalted standard of character. (Quran, 68:4)

" )4: " (


Is Sunnah One Part or More?


Sunnah is constituted of whatever word, deed, report, decision, and physical or moral description
that is attributed to the Prophet Muhammad even his movements and patterns of rest. Sunnah could
be divided into three parts:

A- The saying of the Prophet, also called Hadith:


Hadith in Arabic language means speech or discourse. The Prophets speech is called Prophetic
Traditions. This includes what the Prophet said on different occasions concerning different
matters. Hadith of the Prophet is a source of legislation only when it is said in regard to issues of
legislation. His saying or Hadith in regard to issues of non-legislative matters are not a source of
Shariah, but they might still be a source of moral example but not of legal obligation. Thus they
are in the area of mandoob and mubah, but not Wajeb.

B- The deeds of the Prophet:

This includes what the Prophet did; for example, the way he performed prayers. Exempt from this
are these kinds of action:

33
First, his own natural way of doing things that are not revelation such as walking, sitting, these are
not legislative, however, following the Prophet and imitating him as best example, is mubah, and
mustahab.
Second: what was specified for him, but not permissible to Muslims such as continuous fasting.

C- What he approved of:

The approval or the saying or practice that was tacitly approved of by the Prophet; if he saw or
heard something and he accepted it with no denial or rejection.

Recording the Prophetic Tradition or Hadith


The Prophet Muhammad, peace be upon him, appointed scribes to write down the revelation of
the Quran during his lifetime, however, he prohibited the recording of his own Hadith, fearing
that people might confuse the Quranic text with Prophetic Hadith.

All the Sunnah of the Prophet or Hadith are narrated to us and transmitted through the companions
or Sahaba of the Prophet, who lived with him, observing him, seeing, and hearing him. The
Prophetic Hadith was transmitted further by the successors or the followers or Tabeeen of
the companions of the Prophet and then by the followers of the followers, generation after
generation, being collected and written.

The Caliph Omar Ibn Abdul Aziz, reigned 99-101 A.H. noticed that the companions of the Prophet
and their successors were dying, and he was afraid that the tradition of the Prophet would vanish.
He requested his representative in Madina and in other provinces to collect and write down the
Prophetic traditions. The recording of Hadith might have started earlier in an individual attempts,
but it was more organized with the command of the Caliph.

The Science of the Prophetic Tradition and the Components of Hadith


In the process of collecting and writing down the Prophetic Tradition a need for checking the
authenticity of these sayings and the way of narration, and the qualification of the narrators arose.
As a result a new field of knowledge was born in the Islamic civilization, called: Ilm al-Hadith
(The Science of Prophetic Tradition). It is a specific science for studying the tradition of the
Prophet. This science developed its own methodology that uses many of the procedures that we
use in science today; such as observation, collecting data, comparison, confirmation, falsification,
and so forth. In this science each Hadith of the Prophet has been divided into two parts:

1. Sanad: The uninterrupted chain of the narrators and authorities who transmitted the prophetic
Hadith. Sanad must be traced back with no interruption to the first authority of the tradition,
i.e., the Prophet.

34
2. Matn: The text itself or what the Prophet (pbuh) said.

In the sanad the scholars of Hadith study the narration such as the way of transmitting Hadith;
whether in any of these forms that has different references: said, told, I heard, I heard him
saying, it has been narrated, told me, told us, etc.

The science of Hadith also studies the chain of narrators; whether the chain of the narrators presents
continuity, discontinuity in verifying the ascending link in which the succeeding person received
the tradition from the preceding one, showing that there is no gap separating two narrators in time
or space that prevented their meeting or reception.

Also the state of the narrators themselves, such as justness and invalidation is considered. Also if
the narrator is Muslim, adult, mature, mentally competent, morally and religiously known as free
from committing major or grave sin, nor persistent on committing minor sins.

According to the above a narrator would be classified as very trustworthy, trustworthy,


truthful or liar There is also the narrators memory and mental ability in order to ensure ability
of memorization and retrieving information, also showing that a person is free from error or
illusion. This requirement is called exactitude, which covers two areas:

First, ability to memorize and communicate knowledge by heart, for example if one of the narrators
starts losing their memory in older age the narration is not accepted.

Second, the ability of exactitudes in writing, meaning that the narrator preserves what he has
written after rectifying and verifying it. Also to make sure that the narrators books and writings
were well preserved and safeguarded against distortion and modification by other people before
the narrator communicated the information to students or colleagues.

Imam Malik said about the requirements of the information collected: Information is rejected
when it comes from the following four people: the incompetent and foolish, those who have
heretical tendencies and call on people to their side, those who forge lies on peoples speeches,
though they have done nothing of the like to the prophets tradition, and old people known for
virtue and their worship of Allah, but have no knowledge of what they are reporting.3

This method of analyzing these and other requirements help in making a sound judgment about
the Hadith in regard to acceptance and rejection.4

3
Tabbarah, Afif (1993): p.473.
4
In regard to the Sanad, Hadith is classified to the following categories:

35
Degrees of Authenticity of Hadith
Scholars of Hadith classify hadiths in regard to their authenticity and truthfulness into three
categories:

Sahih (true or authentic),


Hasan (sound or good), and
Daeef (weak.)

A. Sahih (Authentic or True) Hadith

It is a tradition free of falsity and in the Isnad of which there is no defect; it is transmitted by a
reputed and trustworthy person from one like him with no deviation or defectiveness along the
entire chain which goes back to the first authority.5 This type can be used by the Mujtahid to
derive legal opinions and legal regulations.

B. Hasan (Good) Hadith

It is one in the Isnad of which no transmitter is guilty of falsehood however in the chain of
authorities there is one blamed for shortcomings in his memory and precision, from whom
following transmitters carry on the chain without themselves being guilty of falsehood. The critical
scholar feels certain that this tradition has a well-known origin. This type can also be used by the
Mujtahid to derive legal opinions and legal regulations.

C. Daeef (Weak) Hadith

It is one concerning which there is doubt as regards its context or in the Sanad of which some
transmitters are not reliable or have been guilty of some sort of innovation. This type of Hadith

Al-Mutawatir (successive). It is a tradition transmitted uninterruptedly by many or successive authorities


or people who are not liable to meet on falsehood; in this way, the Isnad is regularly traced back till the
chain arrives at the first authority, the Prophet. Al-Mashhour (well-known): It is one reported by three or
more reputed people, and there are many of this kind in the Sunna. Al-Aziz (dear):It is a tradition reported
by two people. Al-Ahad (single): It is a tradition reported by a single person. See Tabbarah (1993): pp.
474-475.
5
For these three kinds see: Tabbarah (1993): pp. 475-476. Tabbarah noted also in regard to the tradition
which is forged or falsely ascribed to the Prophet, it is called a fabricated one; in fact, it is no tradition, and
its transmission is prohibited unless this is done to distinguish it and warn people against it.

36
can not be used in deriving legal regulations; however, they might be useful in, and limited to the
area of morality and encouraging noble deeds.

The Most Authentic Collections of Hadith of the Prophet (pbuh):


Among the earliest was the collection of Imam Malik Ibn Anas (d. 179 A.H.) which is called al-
Muwatta' of Imam Malik. Other famous collections of Hadith and reliable books are:

1. Saheeh al-Bukhari, compiled by Mohammed Ibn Ismail al-Bukhari (d. 256 A.H.)

2. Saheeh Muslim, compiled by Moslem Ibn Al-Hajjaj (d.261 A.H.)

3. Sunan al-Termithi, complied by Mohammed Ibn 'Isa At Termithi

(d. 279 A.H).

4. Sunan al-Nasai, compiled by Abu Abdul Ruhman Ahmed Ibn

Shouaib An-Nasai (d. 303 A.H.)

5. Sunan Ibn Majah, compiled by Abu Abdullah Mohammed Ibn

Al-Kazwini (d. 273 A.H.)

6. Sunan Abi Daood compiled by Abu Dawood Suleiman Ibn Al-

Ash'ath (d.275 A. H.)

Notice that the highest level of Hadith is the one that is agreed upon; meaning that the two great
scholars of Hadith; Bukhari and Muslim agreed upon it is a saheeh Hadith. In the second level is
the one narrated by Bukhari only. In the third level is that narrated by Muslim only. Fourth is the
Hadith that comply with Bukhari and Muslims conditions and requirements although it is not
transmitted by them. Fifth is the one complying with Bukharis conditions. Sixth is the Hadith
that comply with Muslims conditions. Seventh is that which is revised by a reliable Scholar of
Prophetic Hadith.

37
Kinds and Categories of Hadith

According to

The Narrators of the Sanad According to Authenticity

(Chain of Narration) (Narration and Text)

Mutawatir (Successive) Sahih (Authentic or True)

Mashhoor (Well-Known) Hasan (Good)

Aziz (Dear) Daeef (Weak)

Ahaad (Single)

38
3. Juristic Consensus (Ijma):
This refers to the unanimous agreement of the jurists of a given era on a legal ruling. It makes no
difference whether the jurists are from the era of the Companions after the death of the Messenger
(peace be upon him) or any era thereafter.

Consensus is a very strong source of evidence for establishing the injunctions of Islamic Law. It
comes after the Sunnah in rank. The proof for its validity is drawn from a number of verses and
hadth that show the unanimous statement of the people of knowledge is in itself a valid proof. The
verdicts arrived at by consensus are, in and of themselves, always drawn from the Qurn and
Sunnah, even though it is possible that the hadth that formed the basis of the jurists consensus
did not reach us. This is because it is inconceivable that the reliable scholars of Islam would ever
come to agreement on an issue on the basis of personal inclination without there being a proof
from the sacred texts establishing it. For this reasons, scholars of later generations, when
investigating the possibility of consensus, look for the presence of the consensus and the reliability
of how it has been reported without concerning themselves with the textual evidence behind it. If
it were necessary to look for the textual proof for every case where consensus took pace, then
juristic consensus would effectively cease to be a valid proof in and of itself.

4. Juristic Analogy (Qiyas):


This refers to taking an injunction that applies in one case and applying it in another because they
share a characteristic that is the effective cause of the injunction being applied in the first case.
Juristic analogy ranks as the fourth source of Islamic legislation, though its effects are more
widespread and far-reaching than that of juristic consensus due to the fact that so many injunctions
in Islamic Law are based upon it. The reason for this is that the issues where consensus has taken
place are few, since there is no way that it could occur after the earliest eras of Islamic history. The
reason for this is that the scholars have become scattered all over the world and have not been able
to engage in mutual consultation.

This is not the case for juristic analogy, because it does not require unanimous agreement. Quite
the contrary, each jurist uses analogy according to his own, personal reasoning for every new
situation that has not been previously addressed by the Qurn, Sunnah, or consensus. It should
not go unnoticed that the Qurn and Sunnah are necessarily limited in the number of issues that
they can directly address. At the same time, the number of new occurrences and expected future
occurrences knows no limit. There is no way for Islamic legal injunctions to be established for
every new development and every possible transaction except by way of applying the methods of
reason, at the forefront of which is that of analogy. Analogy is the most widely applied and
versatile sources for extrapolating specific injunctions to deal with new issues confronted by
Islamic Law.

39
The sacred texts generally state the effective cause and the rationale for most of the injunctions
that they establish. This facilitates applying these injunctions in new but similar cases that make
their appearance in every age. The texts of the Qurn are mostly of a general and universal nature,
as we have seen. This has opened the doors to analogous reasoning, allowing cases that the texts
have not treated to be referred back to those that the texts have dealt with decisively by applying
the textually established injunctions wherever their effective causes are evident.

The cases handled by way of analogy in Islamic Law are too numerous to count. The greater
portion of Islamic legislation is made up of these cases. Analogy continues to be used for every
new issue that is not directly addressed by the sacred texts. For example, the texts that deal with
injunctions pertaining to an agreement of sale are more than those that deal with a lease agreement.
Consequently, the jurists, by way of analogy, took many of the injunctions referring to sales and
applied them to lease agreements due to the fact leasing is essentially the sale of rights and benefits.

Likewise, the texts deal at length with the injunctions pertaining to the guardians of orphaned
minors, detailing their rights, responsibilities, and capabilities. The jurists, by way of analogy,
applied the same injunctions to the executors of endowments, due to the similarities in their duties.
They also derived many of the injunctions pertaining to endowments themselves from those that
the texts had established for bequests.

The Secondary Sources of Islamic Law


There are other acceptable means of deriving Islamic legal injunctions, besides the four primary
sources. The Qurn and Sunnah have given indication that these sources are also to be considered
as legitimate means of establishing legislation, except that they play a subsidiary and subordinate
role to that of the four primary sources. For this reason the majority of scholars do not count them
as distinct sources of law, but merely as extensions of the primary ones. We shall deal with the
two most important of these secondary sources: consideration of general welfare and customary
practice.

1. Consideration of General Welfare (Istislh): This is establishing injunctions on the


basis of broad aspects of human welfare (maslahah mursalah in Arabic) neither expressly
considered nor rejected by the sacred texts. This consideration must remain within the confines of
the general consideration for human welfare evident in the Shar`ah with its concern for attaining
that which is beneficial and avoiding that which is harmful. The sacred texts and the principles of
the Shar`ah clearly indicate the necessity of taking these factors into consideration when
regulating all aspects of human life, though they do not pinpoint the specific ways in which these
issues might be made manifest. That is why the consideration is of broad aspects of human

40
welfare, since they have not been strictly defined. If, on the other hand, the specific means of
realizing an issue of welfare is enjoined by the texts themselves like the recording and
preservation of the Qurn or the importance of reading and writing then it is an injunction
established by the texts and is not considered as an issue falling under the principle of considering
the general welfare. Likewise, if the texts indicate that the consideration of a certain aspect of
general welfare is rejected like the preservation of life that might be achieved by surrendering to
the enemy, for example then it is outside the scope of the Shar`ah, for it has been rejected on
account of a greater manifestation of human welfare that takes precedence over it in this case,
protecting the honour and might of the Islamic nation.

In general, we can say that the factors that encourage a jurist to consider the general welfare are
the following:

a. Attaining that which is beneficial: This means attaining that which society needs so that human
life can be maintained in the best, most dignified manner.

b. Avoiding that which is harmful: This entails avoiding those things that can cause detriment
either to the individual or to society, regardless of whether this harm is of a material nature or a
moral one.

c. Preventing wrongdoing: This entails preventing the means by which the commands of the
Shar`ah are neglected or its prohibitions are violated, even if only unintentionally.

d. Changing times: This refers to the changing circumstances people find themselves in. Each of
these four factors requires the jurist to resort to considering the general welfare in order to produce
new injunctions that can effectively carry out the general objective of the Shar`ah to establish
society in the best manner possible. A good example of the application of this principle is an act
initiated by the second Caliph, `Umar b. al-Khattb. He established the general registry for the
armed forces to set their salaries and their terms of service. He then established registries for other
purposes.

In the same vein are the traffic laws of today that came in response to the demands of the
automobile and were set down in order to preserve life and prevent collisions and accidents.

41
2. Customary Practice (`Urf): The Arabic word `urf refers to that which is well known,
widely accepted, and regarded as correct among those of sound mind. We find it used in the Quran
in the following verse:

Show forgiveness, enjoin what is good (al-`urf), and turn away from the ignorant ones.

According to our definition, it should be clear that something should not be considered customary
practice if it is not consistently applicable to all or most of the members of a given population.
This means that the majority of the people must take it into consideration and act on it basis, like
the custom today in Syria that only one-third of the dowry stipulated by the woman in the marriage
contract is due immediately, the other two-thirds being due only upon death or divorce. Thus, it is
imperative for the custom to be the general assumption shared by the majority of the people. If it
is not the practice of at least the vast majority of the population, then it will only be counted as an
act of individual discretion.

Jurists of modern, Positive Law take customary practice as one of the most important sources of
law, taking from much of their Common Law and setting much of it down in statutory form in
order to remove any ambiguity as to what is considered legitimate customary practice and what is
not. Likewise, Islamic Law reaffirmed a good number of the rights and practices that were known
to the Arabs before Islam. It also modified or prohibited a good number of those practices and
came with completely new injunctions as well. In this way, it completely regulated the rights and
obligations of people in their societal lives on the basis of their needs and interests, always tending
toward the best method and solution. The Divine Law, in its civil injunctions, seeks only to provide
for the best interests of the people and to preserve their rights; thus, it reaffirms those aspects of
customary practice that are in harmony with this objective and with its methods and principles.

The majority of scholars use a statement related from `Abd Allah b. Mas`d one of the greatest
jurists from among the Companions of the Messenger (peace be upon him) as a proof for the
status of customary practice in Islamic Law: Whatever the Muslims see as good is seen by Allah
as good.

The efforts of the Islamic jurists are in agreement with respect to recognizing customary practice,
even though they differ greatly in the extent to which they use it. The jurists especially those of
the Hanaf school of thought have given customary practice considerable weight in establishing
and limiting the rights of people in the domain of legal transactions and other aspects of social
behaviour.

The Hanaf jurists considered customary practice an important principle and a great source of
legislation for establishing rights and obligations wherever it does not contradict the sacred texts.
Customary practice to them is a valid proof for establishing binding legislation wherever any other
42
proof is not present. It can even take precedence over juristic analogy, because applying an
injunction based on analogy in conflict with custom might be cause undue hardship. In this case,
the Hanaf concept of juristic discretion comes into play, which allows for the circumvention of
analogous reasoning in some instances.

If, on the other hand, customary practice violates a sacred text commanding some other form of
behaviour, then the custom is rejected. This includes practices such as consuming usury and the
custom of imbibing alcoholic beverages on certain occasions. Practices such as these are rejected
outright because they are clearly prohibited by the sacred texts.

43
Lecture 4
THE OBJECTIVES (MAQASID) OF THE ISLAMIC DIVINE LAW
Or
Maqasid Theory

The Abandoned Ship as a Case Study


Why Divine Law (Shariah) was Revealed?
What are the Three Categories of Benefits in Islam?
The Maqasid Model:
-The Circle of the Essentials (Daruriyyat):
Religion, Life, Intellect, Procreation, Property
Reason and Revelation
-The Circle of the Complementarities
-The Circle of the Embellishments
General Legal Principles
Al-Ghazali on the Question of the Abandoned Ship

12.1. The Abandoned Ship as a Case Study:


Three hundred people were in a boat sailing on the sea. They realized that their safety was at risk,
and the lives of the majority could only be saved by throwing 10 people overboard. Would it be
morally right to kill 10 people in order to save 290?
This case was actually presented by Imam al-Ghazali (450-505 A.H./ 1058-1111 A.D.) in his book
on the principles of Islamic Jurisprudence called al-Mustasfa Min lm al-Usul.
Let us look at the objectives of Islamic Divine Law before attempting to answer this question. The
justification of moral and legal actions in Islam is not based on personal reflection, or personal
desire or the benefits of the majority; it is only justified by the Quran and Sunnah or the Islamic
legislative system (Shariah).

Why Allah Revealed a Divine Law (Shariah)?


Some Muslim scholars of jurisprudence, especially Ibn Taimia (661-728 A.H./1263-1328 A.D.),
said that Allah revealed such a legislative system or Shariah in order to achieve Justice.
Other jurists said it is for the purpose of achieving happiness. And still some others, especially al-
Ghazali, said it is only for the achievement and the realization of the very benefits of man on earth.
A closer look at these three approaches to Shariah shows that they complement each other:
happiness of mankind cannot be achieved at large without justice, and justice is one of the essential
benefits and interest of people on earth.

The Maqasid Model of the Existential Structure

44
The Islamic Divine Law or Shariah was revealed for one basic universal purpose: to realize or to
make real the best interests of humans on earth.
Maslaha in Arabic language, which literally translates as benefit or interest, is defined by Imam
al-Ghazali as that which secures a benefit or prevents harm.1
Human nature tends naturally to seek happiness and to live as good as possible, but this cannot be
achieved unless people cooperate with each other, but cooperation is impossible unless people live
a peaceful life. Peace and security cannot be achieved unless there are rules to protect the rights of
all equally. However, rules and legal regulation are useless without a source of authority to enforce
them and apply them equally. For the above reasons the Divine wisdom made the Islamic law or
Shariah achieves the masalih or benefits of people in the two following ways:
First, by procuring these masalih (or by bringing them about). Since people cannot bring about the
benefits of mankind equally; they discriminate against each other, they kill each other, they steal
from each other, they humiliate others just because they are different in color, ethnicity, power,
social status and the like. In one word they present their interest as central and others are only
means to achieve their own ends. Allah is an absolute justice who legislates to mankind what is
beneficial to all.
Second, the Islamic Divine Law achieves its goal by preserving or protecting these human
universal benefits by setting rules and regulations with sets of prescribed punishments.
The Islamic Divine Law then has a two-fold function.

12.2. Categories of Benefits in Islam


As we just mentioned Imam al-Ghazali defined Maslaha as that which secures a benefit or prevents
harm.2 However, benefits mentioned in the Islamic Divine Law are of three kinds:
First: accredited benefits (Masalih Mu'tabarah), which are regulated by The Lawgiver in the sense
that a textual authority from the divine law could be found to prove their validity.
Second: nullified benefits (Masalih Mulghat): there are also other kinds of benefits and interests
that the Shariah neglected because they lead to harm and hardship (Mafsadah), such as stealing
or usury.
Third: unregulated benefits (al-Masalih al-Mursalah), since the benefits of people can be as
numerous as their public interests, we find that the divine law did not regulate a number of these
benefits. So it provides no indication as to their validity. In the principles of jurisprudence these
kinds of benefits are called the unregulated benefits, and it is left for legal scholars or jurists to
work on them.

1 Al-Ghazali (al-Mustasfa 1997): Vol.1. p. 416.


2 Al-Ghazali: (1997): Vol. 1, p. 416.

45
Benefits and the Objectives of Shariah
According to Imam al-Ghazali, masalih or benefits should be harmonious and consistent with the
objective (Maqasid) of the Shariah, since the basic purpose of legislation (tashri) is to protect the
interest of people against harm.
In regard to their importance and priority, benefits were divided by Muslim scholars into three
kinds:
- The essentials (Da.ru.riy.yat),
- The complementary (Ha.jiy.yat), and
- The embellishments (Tah.seen.niy.yat)
In relation to the masalih and its division, the existential model will consist of four circles, three
of them orbiting around the central one which represents the Islamic creed and the main source of
legislation:
- The circle of the Shariah,
- The circle of the essentials,
- The circle of the complementarities, and
- The circle of the embellishments,

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The Maqasid Model

12.3. The Maqasid Paradigm:


The following considers the objectives of the Islamic Divine Law in a concentric model (many
circles with one common center).3 This model has two important characteristics:

47
1- The circles are not only concentric, but all of them beyond the center may also be regarded as
orbiting the center -- the core. They orbit in the manner of a solar system.
2- If we consider the radiuses as representing the pull or force of gravity toward the center, then
the pull of gravity will be inversely proportional to the length of the radius; the shorter the radius
the greater the pull of gravity and the longer the radius the less the pull. The First Circle: This is
the central circle. It represents the heart or the core of the Islamic culture and it is also considered
as the central power of its activity and continuation. It is also the core of all other circles.
In Islamic culture this circle represents the Islamic belief especially the Creed (Aqidah) as this
Aqidah is presented in the Quran and the Sunnah or the tradition of the prophet. The Islamic
Divine law represented in this core also emphasizes what is beneficial to all humans. It is like the
supreme constitution of necessitation.
This circle is the source of legislation and practicality of preserving existence. Human beings
should use their maximum rationalization to understand the wisdom and the benefits of such
Divine legislation.

The Circle of the Essentials (Daruriyyat):


This circle includes five basic and universal necessities or priorities on which the lives of people
depend, and whose neglect leads to total disruption and chaos.4 These five necessities are:
- Religion
- Life
- Intellect
- Procreation
- Property
These five necessities are derived from Shariah as necessary and basic for human existence.
Therefore, every society should preserve and protect these five necessities; otherwise human life
would be harsh, brutal, poor, and miserable here and in the hereafter.
For example, in order to establish the first necessity, religion, all the required things that are
needed as beneficial tools to establish and attain the necessity of spirituality were already contained
in the divine law, such as: all the principles, the rituals, the belief in angels, messengers, the day
of judgment, and so on. All these things were mentioned to serve the purpose of establishing
spirituality as a necessity in the existence of humans on earth. In addition to that another set of
rules exists to maintain this necessity of spirituality and to protect it against destruction.
The second necessity, life, is secured by obtaining lawful means of sustenance such as food,
marriage, medicine, shelter, etc. The way to protect it is through the enforcement of prescribed
penalties provided by the Divine Law. For example, adultery, false accusation, killing, and suicide
are prohibited.
3 See Al-Allaf, Mashhad (1988): pp. 298-302.
4 See Kamali (1991): p.271.
According to the Islamic Divine Law life is a necessity and it is one of the top priorities that must
be preserved at all costs. After all killing is prohibited in Islam, and whomever kills a person it is

48
as if he or she has killed all humans, or the human race. Every human is a unique representative of
mankind; if all people died except one, then that person is the only one who represents mankind
among other existences such as animals and trees. For this importance of life Islam ranked it as a
top priority to be necessarily preserved and protected. Since humans do not always respond to the
rules of legislation and sometimes act against their own interests, thus the legislature made strict
legislation to punish the act of killing.
The same holds true for the third necessity, intellect. It is necessary and essential to the existence
of the human race. The benefit of reason to the human existence might be beyond reason. Thus, it
is secured by lawful means of sustenance, and protected against destruction by a set of rules and
punishments. For example, anything that diminishes the intellects ability to function properly such
as alcohol or any similar substance is prohibited. I will give further elaboration on intellect when
I discuss reason and revelation.
In regard to property, which is very beneficial and necessary to the human life, divine law
facilitates all lawful means for its acquisition, and secures it by defending the right of ownership
through penalizing theft.

Reason and Revelation:


Is it possible for moral values that relied upon religion to be consistent with moral values derived
from pure reasoning?
In Islamic there is no contradiction between reason and revelation, sincere and deep reasoning will
definitely lead to the truth of revelation. Let us take the example of intellect:
Revelation, the Islamic Divine Law mentioned clearly that intellect is a necessity and must be
preserved, since alcohol nullifies the ability of intellectualization, alcohol and any other substance
similar to its effects, becomes prohibited. Now we all know that alcohol has some benefits in it,
Allah the All Knowing- mentioned in the Quran that alcohol has some benefits, however, it is
mentioned also that the harm of alcohol overweighs its benefits, and thus it is prohibited. Its use
must be prevented by a set of legislations because it inflicts harm on all: society, family, and
individuals. Allah, in His absolute wisdom, legislates for human beings benefits that sometimes
they cant anticipate for themselves. Since alcohol causes harm the command of prohibition was
stated so clearly that no skill of interpretation or exegesis is needed.
Reason, might prefer its own way of stating benefit and harm, however, reason is limited to its
methodology, which is either deductive or inductive. Since deductive reasoning cant predict the
future, then inductive reasoning is what we are looking for. The golden key for knowing benefits
and harm is experience, and the only road to it is trial and error. Society from history and
experience discovered that alcohol caused harm to individuals, young and old, causing illness, and
as a fruit of experience the reason started to restrict the consumption of alcohol. Going further in
rationality and experience society realized that alcohol caused financial harm, by affecting both
health and wealth of the society; reason sought more regulation of alcohol. Going further with
rationality, reason realized that drinking and driving caused terrible damage to the life of people,
property, family, and the society, thus rational legislation went further in restricting alcohol. Going

49
further in experience being advanced more in science and medicine the harm of alcohol starts to
manifest itself with more acceleration, therefore, physicians realized that pregnant women who
consume alcohol are destroying their fetuses physically and mentally, and the harm inflicted on
the fetus, the mother, the family, procreation, and society, therefore, more restriction is placed on
alcohol. However, although the restriction of alcohol is ongoing, but not
yet in a form of prohibition as that in divine law.5 After all the route of reason in seeking more
restrictions on consuming alcohol is continually confirming the beneficial aspect of the divine law
legislation; showing no contradiction between reason and revelation in morality.
God

Revelation

Alcohol is prohibited
Through experience Reason moves toward more regulations of alcohol.
Psychological harm
Financial harm
Harm in drinking and driving
Harm in property,
family, and society
Harm in pregnancy, fetus
Future understanding
Alcohol causes harm and illness
Reason
By experience
No Revelation

The Circle of the Complementarities:


The complementary things are matters that people need in order to remove restrictions and
difficulties in applying the five necessities. In The Quran:
Allah does not want to place you in a difficulty, but He wants
to purify you, and to complete His favor to you, that you may
be grateful. (Quran, 5:6)
In another chapter we read:
Allah intends for you ease, and He does not want to make things difficult for you. (Quran,
2:185)
5 In 1929 alcohol was prohibited in the United States.
Thus complementary are intended to facilitate practicing and applying the necessities, therefore, a
great benefit reside in them because they supplement the five essential values. However, there are
two things that need to be mentioned here: first, there is no specific model for acquiring and
fulfilling them, except being lawfully obtained. If food is complementary to preserving life as one

50
of the main objectives, thus it is not necessary that it be a specific kind of food, such as fast food.
In this sense diversity of cultures could be preserved too.
Language is necessary to enhance the intellect, but it is not necessary to be the English language,
the native language of the culture must be preserved and protected, because language itself is
culture, it is the medium through which identity can be preserved by linking the past and the
present.
Second, the divine law also grants people some concessions (rukhas) in cases of hardship such as
sickness, and traveling. Also people in other climates and cultures in which the time zone is very
different; making a very long day or night, the divine law permits them to estimate what is similar
to an average day time to break the fast. The same holds true for rules concerning commercial
transactions.
Neglecting these complementary things will lead to hardships in life but not to chaos and collapse.

The Circle of the Embellishments:


The embellishments are intended to render human affairs or conditions more suited to the
requirements of the highest standards of moral conduct. They denote interests whose realization
leads to improvement and the attainment of that which is desirable.6
Thus, the observance of cleanliness in personal appearance and in spirituality, the cultivation of
moral virtues, the avoidance of wastefulness in consumption, and moderation in the enforcement
of penalties, fall within the scope of embellishments.7
6 Kamali, M. H. (1991): p. 272.
7 There are some logical implications, priorities, and characteristics for these three circles:
1- The central circle represents the source of legislation, and the source of establishing and
procuring benefits.
2- The second circle is universal and dynamic; its global vitality resides in the fact that these five
necessities are necessary to every single culture regardless of whether it is Islamic or not. The
failure to preserve these necessities results in chaos for that culture, regardless of its identity.
3. The five necessities must be preserved according to their priorities- religion, life, intellect,
procreation, and property.
4. Changing the priorities of these necessities will lead to perplexity in the moral life by changing
the priorities in the standard of moral values. Thus property, or money, for example, cant be
valued more than intellect or life.
5. The lower in the standard of necessities must be used to serve the higher, thus money or property
should be used to serve intellect or life for example.
6. The third and fourth circles are the most lenient toward diversity. They are open to interaction
with other cultures. Both circles keep the uniqueness of other cultures to be used and enhanced;
the ways of gaining property are left to the economic system of that country on condition that it
does not harm the property of others or put them at risk of harm. Second, it must be obtained by
lawful means, of course. The tradition of the cultures culinary, and so on.

51
7. The circles themselves must be applied in their logical order and priority. Embellishments
shouldnt be achieved before necessities.
8. These circles complement each other.

General Legal Principles:


From thinking about these benefits a systematic set of legal rules and principles being deduced,
such as:
1- Harm is removed.
2- Public harm or loss is averted by the private assumption of loss.
3- The greater of two harms is averted by assumption of the lesser.
4- Averting harm is to be preferred over procuring benefits.
5- Cases of necessity make permissible what is normally forbidden or restricted.
6- Necessity is determined by the particular circumstances.
7- Hardship secures lenience.
8- It is not permissible to do what will harm ones self.

12.4. Al-Ghazali and the Question about the Abandoned Ship


According to al-Ghazali, and on the basis of Shariah, it is morally wrong to kill some people in
order to save others. Why?
Al-Ghazali gave three reasons against the justification of killing in this case of the abandoned ship:
1. Universality: the benefit of people, in this case the majority, is not a universal benefit, it is only
the interest of of small community who are going to use others as means to their end.
2. Necessity: the benefit of those people on the boat is not necessary to a degree to break another
necessity and kill humans.
3. Certainty: we are not certain that killing those people is going to save the rest. What if they
killed them and after that they faced another problem at sea, should they kill another 10 people to
save the rest? This is morally unjustifiable and becomes out of control.
In Islam the life of every single human is unique and precious; it is one of the five necessities and
must be preserved and protected. Allah commanded Muslims in the Quran that killing is
prohibited, and to kill one soul is as if you killed the entire human race and to save one soul is as
if you saved the entire human race.
From the above discussion we can easily conclude two moral rules in the realm of Islamic ethics:
First: The consequences, no matter how good, and no matter how much, do not justify any immoral
act. Second: The ends, no matter how noble, do not justify the means.
Applications of How Shariah Preserve the Five Necessities:

The Preservation of Faith


Islam has stressed the importance of faith for human life by citing the natural human inclination
to worship Allah, mans religious sentiments and inner feelings, the strength of the elements of

52
goodness and virtue within him, and the prosperity and tranquillity that faith affords him. Due to
these factors, faith is a vital necessity of human life. Allah says:

So set thy purpose (O Muhammad) for religion as a man by nature upright - the nature
(framed) of Allah, in which He hath created man. There is no altering (the laws of) Allah's
creation. That is the right religion, but most men know not. (Quran 30:30)

For the same reason, Bridgestone says: There have been and continue to be human societies
that do not possess science, art, or philosophy, but there has never been a society without religion.

In consideration of these factors, Islamic Law protects faith. In some cases, this is achieved by
planting faith firmly and deeply in the heart and mind. In other cases, this is through nurturing the
seed of faith that is already present in an individual and supporting it with what will develop it and
make it endure.

As a means to achieving these goals, Islam has established the following:

A. The means taken to establish faith in the heart:

1. Faith must be firmly established on clearly defined articles.


The articles of faith are: belief in Allah, His Messengers, His Books, His angels, the Day of
Judgment, and Divine Decree, both the good and the bad of it. Allah says:

The Messenger believes in what was sent down to him from his Lord, and so do the
believers. All of them believe in Allah, His angels, His books, and His Messengers. (They say:)
We make no distinction between any of the Messengers. (Quran 2:285)

Allah also says:

O you who believe, believe in Allah, His Messenger, the Book that was sent down upon the
Messenger, and what was sent down before. Whoever disbelieves in Allah, His angels, His
books, His Messengers, and the Day of Judgment has gone far astray. (Quran 4:136)

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Faith is established on the basis of knowledge and rational proofs.

On these grounds, Islam calls towards examination, contemplation and reflection. Allah says:

Do they not look in the dominion of the heavens and the earth and all things that Allah has
created, and that it may be that the end of their lives is near? In what message after this will
they then believe? (Quran 7: 185)

Allah reproaches those who do not reflect upon the many signs that are present in Creation, saying:

How many a sign in the heavens and Earth they pass by while they are aversely turned
away. (Quran 12: 105)

He also reproaches those who follow their desires and blindly follow their forefathers in belief
without having any proof at hand and without engaging in any contemplation. Allah says:

When it is said to them, Follow what Allah has sent down they say, Nay! We shall follow
what we found our fathers following. Would they do this even though their fathers did not
understand anything nor were they guided? (Quran 2: 170)

The pillars of Islam must be established.


These pillars are the principle acts of worship that Islam enjoins upon the believers. The first of
these is to make an open testimony of ones Islam. This is then followed by prayer, Zakh, fasting,
and performing the Hajj pilgrimage.

Among the most important effects of these acts of worship and the profound wisdom behind
them is that they create a direct bond between the worshipper and his Lord, strengthening and

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rejuvenating the faith that exists in the heart of the believer.
Allahs Messenger (peace be upon him) relates to us that Allah says:

The servant does not seek nearness to Me with anything more beloved to Me than what I have
commanded him to do. Then the servant continues to seek nearness to Me with voluntary acts until
I love him.

Allahs Messenger (peace be upon him) also says: Islam is built on five pillars: testifying that
there is no god save Allah and that Muhammad is his Messenger, establishing prayer, paying the
Zakh tax, fasting the month of Ramadn, and performing the Hajj pilgrimage if one finds the
means to do so.

2. It is a duty to call others to Islam.


This duty extends to maintaining and sponsoring such efforts, and to giving due support and
protection to those who are carrying it out. Allah says:

Let there arise out of you a band of people inviting to all that is good, enjoining what is
right, and forbidding what is wrong; they are the ones to attain felicity.(Quran 3:104)

He also says:

Invite (all) to the way of thy Lord with wisdom and beautiful preaching; and argue with
them in ways that are best and most gracious: for thy Lord knoweth, best who have
strayed from His Path, and who receive guidance.(Quran 16:125)

Allah
mentions
the advice that Luqmn gave to his son:

O my son, perform the prayer, command what is right, and prohibit what is wrong, and
bear patiently whatever befalls you. (Quran 31:17)

B. The Means Taken to Maintain and Preserve Faith:

What is

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meant here are the methods pursued by Islamic Law to protect and safeguard faith after it has been
achieved, to maintain its purity in the heart, and to remove any obstacles from its path. Among
these means are the following:

1. Islam guarantees and protects freedom of religion. Islam does not compel anyone to embrace
it and permits a plurality of religious beliefs to coexist under its authority within the boundaries of
the Islamic state. It affords the people of other faiths the freedom to maintain their beliefs, religious
practices, and civil codes. Allahs Messenger (peace be upon him) said:

They have the rights that we have and the duties that we have.

Furthermore, one of the goals of jihd (struggle in the cause of Allah) is to protect religious
freedom. Allah says:

Had it not been for Allah checking one people by means of another, monasteries,
churches, synagogues, and mosques, wherein Allahs name is often mentioned, would have
been torn down. (Quran 22:40)

2. Islam prescribes jihd to defend the faith, repel its enemies, and to protect it.

Fight in the path of Allah against those who fight you and do not transgress bounds;
verily Allah does not love the transgressors. (Quran 2:190)

Allah also says:

What is wrong with you that you do not fight in the path of Allah and for the weak and
oppressed men, women, and children whose cry is, Our Lord, rescue us from this town
whose people are oppressors, and raise for us from Your grace one who will protect us,
and raise for us from Your grace one who will help us. (Quran 4:75)

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3. After accepting Islam, it is obligatory to adhere to the teachings of the faith and to put
them into practice.
This gives faith vitality in the hearts of its practitioners and lets it have its affect on their sentiments.
Because of this, belief and good works are mentioned together in many verses of the Qurn,
wherein the following phrase is repeated quite frequently:

And give glad tidings (O Muhammad) unto those who believe and do good works; that
theirs are Gardens underneath which rivers flow; as often as they are regaled with food of
the fruit thereof, they say: this is what was given us a foretime; and it is given to them in
resemblance. There for them are pure companions; there for ever they abide. (Quran 2:25)

Apostasy is a crime punishable by law. This ensures that a person is serious when embracing Islam,
so that no one enters into Islam without first having firm and complete conviction. Moreover, Allah
does not accept anyones faith unless it springs from conviction. If a person enters Islam, it must
be a permanent decision taken on the basis of firm conviction. If he rejects faith thereafter, he is
actually introducing to the public a measure of intellectual and political uncertainty that can disrupt
society and destroy its desired level of intellectual and psychological stability.

Allah mentions the words of the idolaters who called to these activities:

A group of the People of the Scripture said: Believe in what came down upon those who believe
at the beginning of the day, then disbelieve at the end of the day, so perhaps they might return from
faith.

Thus, the punishment for apostasy was legislated to safeguard the seriousness and the sacredness
of faith.

4. A number of necessary and complementary acts of worship have been established to act
as a protective shield for ones faith.

Among these are performing prayers in congregation and numerous forms of voluntary worship.
These acts establish and ingrain faith within the hearts of the people who perform them and

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strengthen faith in the society where these acts are put into practice. This brings to both the
individual and society a sense of security, tranquillity, and righteousness.

The Preservation of Life

The sanctity of human life is one of the necessities of human existence. Islam has set down a
number of means to secure the sanctity of life. Among them are the following:

A. The means taken to promote the existence of human life:


Islamic Law prescribes marriage. Islam has legislated it for the purpose of producing progeny,
increasing the human population, and providing people who will develop the Earth and sow the
seeds of human life for the generations to come. Islam extols the sacred relationship between a
husband and wife and considers it to be one of Allahs signs. Allah says:

And among His Signs is this, that He created for you wives from among yourselves, that
you may find repose in them, and He has put between you affection and mercy. Verily, in
that are indeed signs for a people who reflect. (Quran: 30:21)

B. The means taken to safeguard the continuity of life:


1. Islam obligates man to secure the means to sustain his life. This includes obtaining food,
drink, clothing, and shelter. It is forbidden for a Muslim to eschew these necessities to the point
where it endangers his life. It also obligates the state to provide the minimum amount of these
necessities to those who are incapable of providing for themselves. Furthermore, it obligates one
who is in danger of losing his life to prevent death by consuming the property of others to the
extent of his need.

2. The state is obligated to furnish the necessary infrastructure to ensure public safety. This
includes such things as providing a justice system and a police force.

3. It is obligatory to defend the honour of the human being. This manifests itself in such laws
as the prohibition of false accusation and defamation. It is also why restricting human activities
without justification is prohibited. In this way, liberties such as freedom of thought, freedom of
opinion, economic freedom, the freedom to reside where one wants to, and the freedom to relocate
are safeguarded and ensured.
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Allah says:

Whoever abuses believing men and women undeservedly, they bear upon themselves the
crime of slander and manifest sin. (Quran: 33:58)

4. Islamic Law provides concessions under certain conditions to ward off undue difficulty
that might cause personal harm or injury. One of these concessions is the right of the one who
is sick or travelling to break his fast in Ramadan. Another is the right of the traveller to shorten his
prayers.

5. Islam prohibits the taking of human life, whether that life be ones own or that of someone
else.

Allah says:

Do not kill yourselves. Verily Allah is to you Most Merciful. (Quran 4:29)

The crime of murder is deplorable, so much so that taking one life is considered equivalent to
killing all of mankind. Allah says:

Whoever kills a person, not in retaliation for murder or iniquity in the Earth, then, it would
be as if he killed all of mankind. (Quran 5: 32)

Allah also says:

Do not kill a person whose life Allah has made sacred except in the dispensation of justice.
(Quran 6:151)

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He says:

Whoever kills a believer intentionally, his recompense is Hell, abiding therein. Allahs
wrath is upon him, and His curse; and He has prepared for him a great punishment.
(Quran 4:93)

In an authentic hadth, it is related that Allahs Messenger (peace be upon him) said:

Whoever kills someone who has a covenant with us will never smell the fragrance of Paradise.

6. Retribution is prescribed in the case of murder while payment of blood money and freeing
a slave are obligatory in the case of unintentional manslaughter.

Allah says:

O you who believe, the law of retribution is prescribed for you in murder. (Quran 2:178)

Allah also says:

It is not for a believer to kill another believer except by mistake; and whosoever kills a
believer by mistake must set free a believing slave and pay blood money to the his family
unless they remit it. If the deceased belonged to a people at war with you and he was a
believer, then a believing slave must be set free; and if he belonged to a people with whom
you have a treaty, then blood money must be paid to his family and a slave must be freed.
And whoever finds this (the freeing of a slave) beyond his means must fast for two consecutive
months seeking repentance from Allah. And Allah is All-Knowing, All-Wise.

(Quran 4:92)

7. Jihd may be proclaimed in order to preserve lives and safeguard those who are weak and
oppressed in the Earth.
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Allah says:

What is wrong with you that you do not fight in the path of Allah and for the weak and
oppressed men, women, and children. ( Quran 4:75 )

8. It is obligatory for a Muslim to save a person who is in danger of being murdered or killed
for another reason, if that Muslim is capable of doing so.

9. Islamic Law prescribes self-defence when one is attacked. One should defend oneself if
attacked and the defender is not in any way responsible if the attacker dies, as long as it is clear
that the other truly intended to attack him.

The Preservation of Reason

Islam affords a great deal of importance to reason since it is the basis on which human beings are
held responsible. Reason is the attribute that honours the human being and exalts him above the
rest of Creation. It is what qualifies him to be Allahs vicegerent on Earth and to carry out the
sacred trust from Allah. Allah says:

Verily, We had offered the trust to the heavens and the Earth and the mountains, but
they declined to bear it and were afraid of it. But man bore it. (Quran 33:72)

Due to its extreme importance, Islamic Law seeks to preserve reason and establishes a number of
injunctions to ensure the health and freedom of the rational faculties. Among these are the
following:

1. Islam has prohibited every substance that affects the mind, harms it, or decreases its
abilities. This includes substances like wine and hashish. Allah says:

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O you who believe, intoxicants, gambling, sacrificing to idols, and divination are an
abomination of Satans handiwork. So avoid all of this that perhaps you might be
successful. (Quran 5:90)

2. Islam sets down a stiff legal punishment to discourage the use of intoxicants. This is on
account of the serious danger that they pose to both the individual and society.

3. Islam develops the intellect and nurtures it on a spirit of independent thinking. It guides
the intellect to understand, to contemplate, to follow rational arguments and proofs, and to discard
the blind following of others. Allah says:

Or have they taken for worship gods beside Him? Say (O Muhammad): Bring
your proof. (Quran 21:24)

Allah also says:

Whoever invokes besides Allah another god, of whom he has no proof, then, his
reckoning is only with his Lord. Verily, the disbelievers will not be successful. (Quran
23:117)

The Qurn
declares to the unbelievers:

Bring your proof, if you are truthful.)Quran 2:111)

4. Islam calls toward developing and cultivating the mind. On the material level, this includes
getting proper nourishment that strengthens the body and enlivens the mind. For this reason, it is

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disliked for a judge to pass judgment when he is hungry. This is also the reason why, if food
happens to be served at the time of prayer, it is preferable to eat before going to perform the prayer.
On the intellectual level, Islam emphatically encourages the pursuit of knowledge, considering it
to be the basis of faith.

Allah says:

It is only the knowledgeable among His servants who fear Allah. (Quran 35:28)

Allah commands us to offer the following supplication:

Say, O my Lord, increase me in knowledge!. (Quran 20:114)

Likewise, Islam affords everyone an opportunity to learn, making it a general right of all people
in society. Moreover, it has made a certain level of knowledge obligatory upon every Muslim man
and woman.

5. Islam elevates the status of reason and honours those who possess it. This is emphasized in
more than one verse of the Quran. Allah says the following:

Give glad tidings. To my servants who listen to the word and follow the best thereof. These
are the ones whom Allah has guided, and these are the ones who possess understanding. (
Quran 39: 17-18)

Verily,
in the
creation of the heavens and the Earth and the alternation of the night and day are signs for
people who possess understanding. (Quran 3:190)

4. Say,
Are
those who know the same as those who know not? The only ones who consider
are the people who possess understanding. (Quran 39:9)

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6. The rational faculties must be kept free from the influence of superstition and the shackles
of delusion.

For this reason, Islam forbids practices based on deceit and superstition, such as witchcraft, fortune
telling, and sleight of hand magic. Likewise, it prohibits the rational faculties from delving into
questions of the unseen without having the ability to do so and without possessing knowledge
coming from the revelation that was sent down to the Prophets. This is merely an unjustifiable way
of wasting ones intellectual abilities. Allah says:

Verily those who dispute about Allahs signs without any authority having come to them,
they have nothing in their hearts except pride. They shall never attain it. So seek refuge
in Allah, Verily, He is the All-Hearing, All-Seeing.(Quran 40:56)

7. Use of reason should be based upon a fruitful manner of gathering information and
drawing conclusions, and upon a firm grasp of the facts.

There are two approaches to this:

* Rational investigation. Islam has set down the proper method for rational investigation, one
that provides certainty. This means that Islam calls to confirming things before believing them
before belief. Allah says:

And follow not that which you have no knowledge.(Quran 17:36)

Allah also says, quoting the youths who sought refuge from their people by going to the cave:

These people of ours have taken for worship gods beside Allah. Why, then, do they not
bring a clear proof for them? So who does more wrong than he who invents a lie against
Allah. (Quran 18:15)

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Reflection and contemplation. Islam calls to reflection and contemplation about the laws of
nature, encouraging humanity to bring them to light and appreciate their intricacy and how deeply
they are interrelated. It also calls to induction based on careful observation and detailed
examination in order to attain certainty.

8. Islam directs the mind to seek out the wisdom and subtleties behind its legislations.

Allah says:

Do they not, then, carefully consider the Qurn? Had it been from other than Allah,
they would surely have found within it many a contradiction. (Quran 4:82)

9. Likewise, Islam directs the intellect towards attaining knowledge of the physical world
and how to benefit from it in order to build civilization.
Allah says:

He is the one who has made the Earth subservient to you; so walk in its land and eat of
His provision. (Quran 67:15)

10. Islam has left open the door of juristic reasoning with respect to its legislation
wherever there is a matter for which there is no direct textual evidence.

There are two areas where this can occur:

A. Ascertaining the objectives and aims of the texts and legal injunctions.

B. Deriving legal injunctions for newly occurring problems and situations.

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This is a very broad area that takes recourse to a number of general principles, like juristic analogy,
considering the general welfare, and juristic preference.

The Preservation of Lineage (procreation)

Lineage, here, is understood to mean the continuation of the human species through the agency of
hereditary descent. Islam strives to perpetuate the human line on Earth until the Last Day. In order
to bring about this objective, Islam has set down the following principles and legislations:

1. Islam enjoins marriage.


Islam permits and encourages marriage, considering it to be the pure and natural way for a man
and woman to come together. It is not only for the purpose of fulfilling natural impulses, but also
to fulfil the noble purpose of preserving the human species and producing righteous offspring who
will develop the world, establish an exemplary model of human life, and assume the role of Allahs
vicegerent on Earth.

This is ultimately so that they can pass on this vicegerency to those who come after them,
perpetuating the human contribution and allowing human civilization to prosper in the shade of
the most noble principles and moral virtues.

2. Islam pays close attention to the upbringing of the youth and fostering bonds
of love.
Parents are obligated to take care of their children and provide for them until they no longer need
their parents support.

3. Islam pays close attention to establishing the family on a firm foundation,


considering it to be the stronghold that protects and fosters the next generation.
Islam establishes the marital bond on the basis of free choice and the mutual consent of the two
parties, then afterwards on the basis of harmonious dealings between the two spouses and mutual
consultation on all matters. This brings feelings of affection and mutual understanding between
them, causing each of the two spouses to seek the happiness of the other. Allah says:

And among His Signs is this, that He created for you wives from among yourselves, that
you may find repose in them, and He has put between you affection and mercy. Verily, in
that are indeed signs for a people who reflect. (Quran 30:21)
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4. Islam encompasses all possible relationships between men and women with a collection of
principles and codes of moral conduct.

These ensure that the noble aims of these relationships are fulfilled and that destructive practices
in relationships between the sexes are avoided.

Among these obligations is the duty of every man to avert his gaze from every woman and for
every woman to avert her gaze from every man. This helps to prevent sexual desire from being
ignited. Likewise, Islamic Law combats the causes of temptation by making concealing clothing
of a specific quality obligatory on the Muslims.

Outside of dire necessity, Islam prohibits a man to be alone with a woman to whom he is not
related by blood, fosterage, or marriage, even if proper dress is observed, unless she is chaperoned
by one of her near relatives.

The home, necessarily, enjoys a great deal of sanctity in Islam, whereby it is forbidden to enter
anothers home without seeking the permission of its occupants and greeting them with peace.

Allah says:

O you who believe, do not enter houses other than your own before seeking their permission
and greeting their occupants with peace. (Quran 24:27)

Added to these and other etiquettes, Islam provides codes of conduct when interaction between
unrelated men and women becomes necessary.

5. Islam forbids every assault on chastity and honour.

For this reason, Allah has forbidden fornication and adultery, as well as falsely accusing someone
of sexual iniquity, setting fixed, prescribed punishments for both of these crimes in order to
discourage them. With regard to fornication, Allah says:

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The woman and man guilty of illegal sexual intercourse, flog each of them with a hundred
stripes. Do not let pity dissuade you from carrying out a punishment prescribed by Allah.

(Quran: 24:2)

Allah says, with respect to falsely accusing someone of sexual iniquity:

And those who accuse chaste women and fail to produce four witnesses, flog them with
eighty stripes, and reject their testimony forever. (Quran 24:4)

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The Preservation of Wealth

It is always the case with Islam, when dealing with mans natural inclinations, that it permits their
fulfilment within reasonable limits in a refined, enlightened, and sound manner, so that good and
not evil can come of them. This is the case exactly when it comes to mans natural inclination to
possess. Islam permits individual ownership, while at the same time providing the necessary
legislation to prevent the harmful effects that this inclination would have if left unchecked, like
the loss of social equilibrium and the concentration of wealth within a small sector of society.
Some of the systems that Islam has put into place to fulfil this function are those of Zakh,
inheritance, and social security. From this perspective, Islam considers wealth to be a one of the
indispensable necessities of human life.

Islam has set down for man laws and guidelines that encourage him to seek a livelihood and acquire
wealth, and secure for him its safety, preservation, and growth. This is achieved in the following
manner:

A. The means taken to ensure the production and acquisition of wealth:

1. Islam encourages actively seeking ones sustenance and earning a livelihood.

It does so in consideration of the fact that wealth is what provides support for human life. Islam
considers the earning of wealth if pursued with a righteous intent and with permissible means
to be a form of worship and a means of achieving nearness to Allah. Allah says:

He is the one Who has made the Earth subservient to you; so walk in its land and eat of His
provision. (Quran 67:15)

Allah also says:

Then when the prayer is completed, set forth in the Earth and seek the bounty of Allah.

(Quran 62:10)

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2. Islam raises the status of work and elevates the standing of the workers.
In an authentic hadth, Allahs Messenger (peace be upon him) said:

No one has ever eaten food better than that which he has earned with the work of his own hands.
The Prophet of Allah, David, used to eat from the work of his own hands.

Islam establishes the right to work for every individual and holds the state responsible to provide
work for those who are unable to find it. Islam, likewise, asserts the honour and nobility of the
worker and makes fulfilling his material and intangible rights an obligation. Allahs Messenger
(peace be upon him) said:

Give the worker his wage before his sweat has time to dry.

He also said:

There are three who I will speak against on the Day of Judgment: a man who was entrusted with
something then betrayed the trust, a man who sold a free person into slavery and took the price,
and a man who hired a worker and benefited from him then did not pay his due.

Islam also asserts that a workers pay should be enough to fulfil his needs. Allahs Messenger
(peace be upon him) said:

Whoever is appointed to work for us and does not have a home should be given a home. If he
does not have a wife, he should be given the means to marry, and if he does not have a mount, he
should be provided with one. This is what we call today the principle of minimum wage.

3. Islam permits just forms of commercial transactions.


It allows transactions that are neither oppressive to any of the parties concerned nor infringe upon
the rights of others.

For this reason, we find that that Islam reaffirmed many types of transactions that were already in
existence before Islam, after ridding them of any element of oppression. These include numerous
transactions such as selling, loaning on collateral, and partnerships. Islam also opens the door for
new forms of transactions that the accumulated experiences of society might uncover; provided
that they contain no element of oppression or injury to any of the parties involved and that they do
not entail wrongfully consuming the wealth of others.

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B. The Means Taken to Ensure the Preservation and Continuation of Wealth:

1. The use of wealth is limited by the constraints of considering the general welfare.

Therefore, any means of acquiring wealth that is unlawful and harmful to others is expressly
forbidden. One such means is the collection of interest, because of the detrimental effect that it has
on social equilibrium. Allah says:

Allah has permitted commerce and forbidden interest. (Quran 2:275)

Allah also says:

Do not consume each others wealth unjustly. (Quran 2:188)

2. Islam prohibits transgressing against the wealth of others through theft, burglary, or
fraud.

Islam sets a fixed punishment for theft. Allah says:

The thieves, male and female, cut off their hands.(Quran 5:38)

It is obligatory for anyone who damages the property of others to pay compensation.

Allahs Messenger (peace be upon him) said:

The blood, wealth and honour of every Muslim are sacred.

3. Islam forbids wealth to be spent in unlawful ways and encourages spending in the way of
charity.

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This is based upon one of the most important principles of the Islamic economic system: All wealth
belongs to Allah alone, and man is merely entrusted with its use. Allah says:

And spend from that which He has made you trustees. (Quran 57:7)

And give them from Allahs wealth that He has bestowed upon you. (Quran 24:33)

Therefore, it is incumbent upon anyone who possesses wealth to use his wealth within the confines
set by Islamic Law. It is not permissible for him to let his wealth tempt him into transgression,
because this is a cause of degradation and destruction. Allah says:

When We decide to destroy a town, We send a command to those among them who
live a life of luxury. Then, they commit sin therein, and thus the word is justified
against them and We completely annihilate it. (Quran 17:16)

It is likewise impermissible for him to squander his wealth on useless things. Allah says:

Do not squander, verily those who squander are the brethren of the devils. (Quran 17:26-
27)

4. Islamic Law provides legislation to protect the wealth of the mentally deficient and others
who are incapable of managing their own wealth.

This includes the wealth of orphans and minors until they reach the age of discretion. For this
reason, a guardian is appointed to manage their wealth. Allah says:

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Test the orphans until they reach the age of marriage, and if you find them of sound
judgment, then release their property over to them. (Quran 4:6)

They ask you concerning the orphans. Say (O Muhammad): The best thing is to
improve their property. (Quran 2:220)

This principle also encompasses placing an interdiction over the property of a mature person who,
nevertheless, is incapable of exercising proper judgment with regard to the disposal of his property.
Allah says:

Do not give to the foolish your property that Allah has given you to maintain, but feed and
clothe them from it and speak to them words of kindness. (Quran 4:5)

5. Financial interactions are structured around the principles of consent and justice.

Islam, thus, maintains that contracts are not binding unless the contracting parties exercised their
mutual consent and the contracts provisions are just. For this reason, gambling is prohibited. Allah
says:

O you who believe, do not consume each others property unjustly, but let there be
commerce between you by mutual consent. (Quran 4:29)

6. Islam encourages wealth to be invested and developed so that it can fulfil its proper
function in society. Therefore, Islam prohibits and combats the hoarding of wealth and keeping it
out of circulation. Allah says:

And those who hoard up gold and silver and do not spend them in the way of Allah,
announce to them a painful punishment. (Quran 9:34)

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With all these injunctions, Islam protects wealth and safeguards it from corruption so it can fulfil
its necessary and indispensable role in the order of human life and facilitate the growth of
civilization. Its place is just like that of the other necessities of life, for together they form the basis
of human life and civilization. If they are not properly managed and preserved, the world would
fall into ruin and the positive contributions of human civilization would come to a halt.

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Lecture 5:
Islamic Creed

IMAN: Articles of Faith


The articles of Islamic faith usually called the pillars of Iman. They are very important in
Islam because they present the Islamic 'Aqeedah (creed) that every Muslim should believe
in. The six articles of Iman are:

7. Believing in Allah,
8. His angels,
9. His Books,
10. His Messengers,
11. The Last Day,
12. To believe in divine destiny (al-Qadar), both the good and the evil thereof.

These articles of faith or Iman are mentioned in the Book of Allah and the Sunnah of His
Messenger.

In the Sunnah, the Messenger of Allah said, in answer to Gabriel when he asked him about
Iman (belief), "Iman is to believe in Allah, His angels, His books, His messengers, and the
Last Day, and to believe in divine destiny, both the good and the evil thereof." (Narrated
by Muslim).

Belief in Allah
The belief in Allah is to believe in His existence, that He is One, and to believe in Allah's
Names and Attributes.

Allah's existence is affirmed through Fitra (the innate purity that Allah creates in every
human being), by the intellect, by the Shari'ah (Islamic Divine Law), and by the senses.

I discussed Fitra and the Oneness of Allah and His divine attributes in part one of this
book.
We will see how Muslim scholars and philosophers used the human intellect and sense
data to prove the existence of Allah. I will discuss this part later under the discussion of
philosophy.

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Belief in the Angels
The angels are a matter of the unseen. They are created by Allah and they worship Him.
Allah created them from light, they are so numerous that only Allah can count their
numbers, and He bestowed on them the bounty of obeying Him at all times. He gave them
the power to carry and implement His orders: And those who are near Him (the angels)
are not too proud to worship Him, nor are they weary (of His worship). They glorify His
praises night and day, (and) they never slacken (to do so). (Quran: 21:19-20).

Belief In The Angels Has Four Parts:


1- Belief in their existence

2- Belief in what we were told of their names, such as Gabriel, and also belief in other
angels whom we were not informed of their names.

3 - Belief in what we were told of their attributes. The example to this is the description
of Gabriel. The Prophet told us that he saw Gabriel in the shape that Allah created him,
having six hundred wings and larger than the horizon. The angels may change their
shapes, by the order of Allah. They may take the shape of men. Allah sent Gabriel to
Mariam (Mary) and he came to her in the shape of a man. He was also sent to Prophet
Muhammad, while he was sitting down with his companions, in the shape of a man,
wearing very white clothes with very dark hair, a stranger to the companions, yet no
evidence of traveling was apparent on him. He sat next to the Prophet and laid his knees
next to the Prophet's knees and put his hands on the Prophet's thighs. He asked the
Prophet about Islam, Iman, Ihsan (excellence in the religion) and the Last Hour and its
signs. The Prophet answered him. Then, Gabriel left. The Prophet said to his companions,
"This was Gabriel. He came to you to teach you your religion." [Muslim]. Also, Allah sent
the angels to Ibrahim (Abraham) and Lut in the shape of men.

4 - Belief in the tasks that they perform, by the order of Allah. They praise Allah and
worship him at all times without the slightest boredom or fatigue.

Kinds of Angels and their Special Tasks:


Gabriel is the honorable angel who Allah sends down with revelation to the Prophets and
Messengers.
Mikaeel is the angel who controls rain and vegetation, by the order of Allah.
Israfil is the angel who must blow in the Horn when the Hour (Last Day) has started and
when it is time to resurrect the dead.
Malik is the keeper and supervisor of Hell.
The angel of death captures the souls at death.

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There are angels who supervise fetuses in the wombs. When a fetus is four months old,
Allah sends down an angel and orders him to record the fetus's sustenance, maximum
age, deeds and if miserable (destined to Hell) or happy (destined to Paradise).
There are angels who record deeds of mankind. They have a record of everyone's deeds.
There are two angels for each person, one to the right and the other to the left.
There are other angels who question the dead when they are in their graves. Two angels
come to all dead persons and ask each of them about the Lord he worshipped, the religion
he followed and the Messenger he obeyed.

Belief in the Books


Books that Allah sent down to His Messengers as a mercy and guidance for mankind.
These Books are designed to lead mankind to what brings them happiness in this life and
in the Hereafter.

There are four aspects of believing in the Books

1- To believe that they are truly sent down by Allah.

2- To believe in the Books that mankind were informed of, like the Quran, sent down to
Muhammad, the Torah, sent down to Moses, the Injil (the Gospel), sent down to Jesus
and the Zaboor (the Psalms), sent down to David. We also believe in the other Books, sent
down by Allah, even though we do not know their names.

3- To believe in whatever the Books contained, like whatever is contained in the Quran
and sections of previous Books that have not been corrupted.

4- To implement the Commandments contained in these Books, unless Allah commanded


to the contrary through Naskh (overruling). We must accept whatever these Books
contained of Commandments, even if we do not know the wisdom behind them. All
previous Books were overruled by the Quran. Allah said: And We have sent down to you
(O Muhammad) the Book (this Quran) in truth, confirming the Scripture that came
before it and dominant over it. (Quran: 5:48). This means that the Quran is dominant
over all other Books. Therefore, no Commandment contained in other than the Quran
can be implemented unless it is in agreement with the Quran.

Belief in the Messengers


The Messengers are sent to deliver a Message. They are the ones to whom Allah has sent
down revelation and who convey His Law to mankind. Allah ordered them to deliver these
Messages.

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The first Messenger to be sent was Noah and the last one was Muhammad. Allah said:
Verily, We have inspired you (O Muhammad) as We inspired Noah and the Prophets
after him. (Quran: 4:163).

Allah sent Messengers to every nation and provided them with Laws that their nations
must follow. Some Messengers were sent to revive a Message of a previous Messenger.
Allah said: And verily, We have sent among every nation a Messenger (proclaiming):
Worship Allah (alone), and avoid all Taghut (false deities). (Quran: 16:36), and: Verily,
We did send down the Torah (to Moses), therein was guidance and light, by which the
Prophets, who submitted themselves to Allah's will, judged the Jews. (Quran: 5:44).

The Messengers are only humans and they do not possess any attributes that qualify them
to be gods. Allah described His Messenger, Muhammad, the master of all Messengers and
the best of mankind, saying: Say (O Muhammad): possess no power of benefit or hurt
to myself except as Allah will. If I had the knowledge of the Unseen, I should have secured
for myself an abundance of wealth, and no evil should have touched me. I am but a
warner, and a bringer of glad tidings unto people who believe. (Quran: 7:188)

The Messengers are only humans. They get sick and they die, they need to eat and drink
and they have other human needs. Abraham described his Lord, saying, as was mentioned
in the Quran: And it is He Who feeds me and gives me to drink. And when I am ill, it is
He Who cures me; And Who will cause me to die, and then will bring me to life (again).
(Quran: 26:79-81).

Allah described the Messengers, while praising them, that they reached the highest
human attainable degrees in worshipping Him.

Belief In The Messengers Has Four Parts:

1 - To believe that their Messages are truly from Allah. Whoever disbelieves in one
Messenger, will have disbelieved in all Messengers.

2 - To believe in the Messengers whom we were told about, like Noah, Abraham, Moses,
Jesus and Muhammad. These are the five strongest Messengers. Allah mentioned them
in two versus of the Quran: And (remember) when We took from the Prophets their
Covenant, and from you (O Muhammad), and from Noah, Abraham, Moses and Jesus,
son of Mary. (Quran: 33:7)

Allah The Exalted- said: He (Allah) has ordained for you the same Religion (Islam)
which He ordained for Noah, and that which We have inspired in you (O Muhammad),
and that which We ordained for Abraham, Moses and Jesus, saying you should establish

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Religion (by implementing the Commandments) and make no divisions in it. (Quran:
42:13).

Muslims must also believe in all other Messengers and Prophets whose names were not
mentioned to us: And, indeed We have sent Messengers before you (O Muhammad), of
them some We have related to you their story and some We have not related to you their
story. (Quran: 40:78).

3 - To believe in all what the Messengers have conveyed to us.

4 - To implement the Laws of the Messenger who was sent to us, Muhammad, the final
Messenger. Allah sent Muhammad to all mankind.

Belief in the Last Day


The Last Day is the Day when mankind will be resurrected to be asked about their deeds
and receive reward or punishment for them. It is called "the Last Day," because it is the
last day, there will be no day after that. Afterwards, people of Paradise will permanently
reside and take their places in it, and people of Hell will permanently reside and take their
places in it.

The Resurrection is a true event that the Quran, the Sunnah and the consensus of
Muslims have confirmed. Allah said: After that, surely you will die. Then (again), surely,
you will be resurrected on the Day of Resurrection. (Quran: 23:15-16).

To believe in the last day is to believe in the Reckoning. In the Last Day, people will be
rewarded or punished for their deeds. Allah said: Whoever brings a good deed shall have
ten times the like thereof to his credit, and whoever brings an evil deed shall have only
the recompense of the like thereof, and they will not be wronged. (Quran: 6:160)

The Prophet said: "Whoever intends to perform a good deed, and performs it, Allah will
record it for him as ten deeds, to seven hundredfold, to many more folds. Whoever intends
to commit and evil deed, and commits it, Allah will record it as one evil deed." (al-Bukhari
& Muslim).

To believe in the last day is also to believe in Paradise and Hell. They are the final
destination for whoever deserves either one of them.

Paradise is the destination of the ultimate happiness and joy that Allah prepared for the
believers who believe and obeyed Him and His Messenger. They are the ones who were
sincere to Allah and followers of His Messenger. Paradise contains, of Allah's bounties,

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"What no eye has ever violated, what no ear has ever heard of and what no mind has ever
imagined (of joys that Allah hid for the believers)." (al-Bukhari & Muslim).

Allah said: Verity, those who believe (in Allah) and do righteous, good deeds, they are
the best of creatures. Their reward with their Lord is Gardens of Eternity, underneath
which rivers flow, they will abide therein forever, Allah Well-Pleased with them, and they
with Him. That is for him who fears his Lord. (Quran: 98:7-8)

And Allah also said: No person knows what is kept hidden for them of joy as a reward for
what they used to do. (Quran: 32:17).

Hell is the destination of torment and punishment that Allah prepared for the unjust
disbelievers. They are the ones who disbelieved in Him and disobeyed His Messengers.
Hell contains kinds of punishment and torment that no one could ever imagine. Allah
said: And fear the Fire, which is prepared for the disbelievers. (Quran: 3:131).

Belief in al-Qadar
Al-Qadar is Allah's predestination of measurements and sustenance of everything and
everyone, according to His Knowledge and Wisdom.

Aspects of Belief in al-Qadar

1. The belief that Allah's Knowledge encompasses everything, every matter, major or
minor, and time-frames of everything that happens in this universe. Allah's Knowledge
encompasses all of His Actions and actions taken by His slaves.

2. The belief that Allah recorded everything in a Book that He kept with Him, called "Al-
Lawh' Al-Mahfoodh" (The Kept Book). He said: Know you not that Allah knows all that
is in heaven and on earth? Verily, it is (all) in the Book (Al-Lawh' Al-Mah'footh). Verily,
that is easy for Allah. (Quran: 22:70).

3. The belief that nothing, whether related to Allah's Actions or actions taken by His
servants, can happen without His permission. He said: And your Lord creates
whatsoever He wills and chooses. (Quran: 28:68). As for actions taken by His creation,
Allah said: Had Allah willed, indeed He would have given them power over you, and they
would have fought you. (Quran: 4:90)

4. The belief that Allah created all creation, all what they possess of attributes and all their
actions.

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Believing in al-Qadar, as described above, does not mean that people have no power over
the actions they choose to take. Islamic Shari'ah and reality confirm that the person has a
will of his own:
As for the Shari'ah, Allah said about one's own will: So, whosoever wills, let him take a
Return to his Lord (by obeying His Commandments). (Quran: 78:39)
As for one's own power over his actions: Allah burdens not a person beyond his scope.
He gets reward for that (good) which he has earned, and he is punished for that (evil)
which he has earned. (Quran: 2:286).

As for the reality of things, every human knows that he has a power and a will of his own.
He uses his power and will to indulge in or avoid actions of his choice. Mankind
distinguishes between what they do by their own power and between what they have no
power over, like shivering due to illness or extreme cool. However, the power and will of
mankind is under the control of Allah's Will and Power: To whomsoever among you who
wills to walk straight. And you will not, unless (it be) that Allah wills, the Lord of the
worlds. (Quran: 81:28-29). The universe is Allah's property and nothing happens in His
Kingdom without His Knowledge and Permission.

Belief in al-Qadar, as explained above, does not provide an excuse for mankind to sin or
abandon what they are obligated to do. This excuse can be rejected using the following
arguments:

1. Allah said: Those who took partners (in worship) with Allah will say: If Allah had
willed, we would not have taken partners (in worship) with Him, nor would our fathers,
and we would not have forbidden anything (against His Will). Likewise bellied those who
were before them, till they tasted of Our Wrath. Say: Have you any knowledge (proof)
that you can produce before us? Verily, you follow nothing but guess and you do nothing
but lie. (Quran: 6:148). The disbelievers did not have a valid excuse when they said that
what they did was according to al-Qadar. If this excuse was valid, then why will Allah
punish them for their sins?

2. Ali Ibn Abi Talib said that the Prophet said, what translated means, "One's final
destination, in Hell or Paradise, is already determined for each one of you." A man said,
"Should we depend (on this fact), O Messenger of Allah (meaning to abandon working
deeds)?" He said, "No. Perform deeds, because everyone will be helped (to go on the path
that he chooses and reach his destiny)." Then he read the Ayah: As for him who gives (in
charity) and keeps his duty to Allah and fears Him... (Quran: 92:5). (Al-Bukhari &
Muslim, the wordings are by Al-Bukhari,). The Prophet ordered the companions to
perform righteous, good deeds and not to depend on al-Qadar.

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3. Al-Qadar is a matter of Allah's Knowledge. No one can uncover his own Qadar but after
it happens. One's intention to perform a deed precedes the action itself. He does not know
what Al-Qadar holds for him. Therefore, al-Qadar is not a valid excuse for sinning and
abandoning the Commandments.

4. One always seeks what is convenient for him. No one of sane mind would abandon what
brings material benefit to him, saying that Al-Qadar forced him to take this course of
action. Therefore, why would one use al-Qadar as an excuse for abandoning what brings
benefit to him in matters of religion and not do the same for matters of life? When one is
sick and is given a medicine to take, he will take the medicine even though he does not
like its taste. When one is told to go on a diet, he would not eat the food that he likes, in
order to satisfy this diet and to stay fit. No one of sane mind would refuse to take
medicines or go on medical diets, claiming that this is his Qadar. Therefore, why would
one abandon implementing Allah's and His Messenger's Commandments, thus bringing
Allah's Wrath on him, claiming that this is his Qadar?

5. If one of those, who abandon the Commandments and indulge in sinning, comes under
attack on his honor or possessions, would he accept the excuse of the attacker, if he says
that he attacked him because it was his Qadar to attack him, and therefore he is not to be
blamed? No, indeed. Therefore, why does this person refuse al-Qadar as an excuse for
whoever attacked him, while he depends on al-Qadar as an excuse for abandoning Allah's
rights on him?

Lecture 6: Ethics: Moral Concepts


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Genral Introduction and Definition
The relationship between the Heart and the interior image
Haya (Modesty)
Khatiah (Sin) -Sins of the body -Sins of the heart
Tawbah (repentance)
Imam Al Ghazali on the Sins of the Body and the Heart:
- On the Avoidance of Sins of the Body
- On the Avoidance Sins of the Heart

Other moral concepts to be discussed in class:


- Taqwa (to be conscious or mindful of the teaching of Allah)
- Sabr (patience)
- Ikhlas (Sincerity)
- Sidq (Truth)

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84
1

Morality, Jurisprudence and Creed

-2
Relationship between creation and action

" "
"O Allah, just as You have made my external features beautiful, make my character beautiful as
well".

-3
External and internal image

:
4651" . "
Abu Hurairah, may Allah be pleased with him reported: The Messenger of Allah (may peace be
upon him) said: "Allah does not look at your appearance or your possessions, but He looks at
your heart and your deeds Muslim, Birr, 33

Hadiths on the importance of the heart -4

". : "
The Prophet Muhammad Peace be upon Him informed us in a very famous tradition, commonly
quoted with reference to halal and haram, about the importance of the heart. He said:
There is in the body a clump of flesh - if it becomes good, the whole body becomes good and if
it becomes bad, the whole body becomes bad. And indeed it is the heart. [Reported by Bukhari]

" : - - -

". " :

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-5 :
Heart and Understanding





Already have We urged unto hell many of the jinn and humankind, having hearts wherewith they
understand not, and having eyes wherewith they see not, and having ears wherewith they hear
not. These are as the cattle nay, but they are worse! These are the neglectful.

-6 Sight and insight






( )46 :
So have they not traveled through the earth and have hearts by which to reason and ears by
which to hear? For indeed, it is not eyes that are blinded, but blinded are the hearts which are
within the breasts.
The definition of Akhlaq according to Imam Al Ghazl -7
:
).


.

-8 The importance of doing and practicing Akhlaq


-9 ( -) Moral values chosen
-10 ( ) Sins of the body and sins of the heart

-11 () Engineering Ethics

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Modesty:

Modesty first of all is a moral characteristic that distinguishes human beings from animals.
Because it manifest the action of the will to act morally.

Al-Ragheb al-Asfahani defined Modesty as follow: The voluntary action of the soul to resist
repulsive behaviour.

Modesty is different from shyness and bashfulness; these are psychological feelings while modesty
is spiritual and psychological. Shyness disappears at the time of comfort or alone while modesty
stays.

Quran:

Tell the believing men to lower their gaze and be modest. That is purer for
them. Lo! God is Aware of what they do. And tell the believing women to lower
their gaze and be modest, and to display of their adornment only that which is
apparent, and to draw their veils over their chests, and not to reveal their
adornment. (Quran 24:30)

In the Holy Qur'an, God says: O children of Adam, We have provided you with garments to cover
your bodies, as well as for luxury. But the best garment is the garment of righteousness. These are
some of God's signs, that they may take heed. (Al-A`raf 7:26)

Sunnah:

The Prophet (pbuh) said: Every religion has a character and the character of Islam is Modesty.

Every religion has its characteristic, and the characteristic of Islam is modesty. (al-
Muwatta)

Modesty is connected with faith:

The prophet (pbuh) said: Modesty is a branch of faith.

Zaid bin Talha reported, God's Messenger as saying, Modesty and Faith are companions; when
one of them goes out, the other follows it.

Modesty is from the faith, and the faith is in Paradise. (Ahmed)

A number of narrated prophetic traditions (ahadith) illustrate the significance of modesty. The
following hadith suggests that modesty is so important that the absence of it could lead a person

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to sinful behavior and disbelief: The Prophet (peace be upon him) said: If you have no shame,
do as you wish." (al-Bukhari)

Another hadith links modesty to faith: The Prophet (peace be upon him) said: Faith consists of
more than seventy branches. And haya (modesty) is a part of faith. (al-Bukhari)

Modesty is for both genders:

It was narrated that the prophet (pbuh) was more modest than a virgin girl in her own private
compartment.

Uthman ibn Affan was so modest:

The prophet was sitting one day with his companions when Uthman came the Prphet pulled his
clothes to cover his lower part of his leg, th companion asked: do you feel modest from Uthman,
the Prophet replied shouldnt I feel modest from a person, the angels feel modest from?

Modesty brings good results:

1. Imran bin Hussain reported, the Prophet (pbuh) said, Modesty brings nothing but qood.
Modesty is part of Faith and Faith is in Paradise. But obscenity is part of hardness of the
heart and hardness of the heart is in hell.
2. It brings good results by preventing human beings from falling down into animalistic
desires, modesty is protective and preventive.
3. It helps people to act properly.
4. It helps people to dress properly and guard their chastity against indecent people.
5. Modesty is beauty; it is another dimension added to the physical beauty.
6. Modesty brings dignity and respect. Because self respect is a good source of all kind of
respect.

The lack of Modesty brings evil:

The Prophet (pbuh) said: Indeed from the teachings of the first prophets which has reached you
is, If you do not have Modesty, then do as you please. (Al-Bukhari)

Islamic morality divides modesty into natural and acquired. Modesty is a quality inherent in girls
and boys, a certain type of modesty that is natural in human beings. If manifests itself, for instance,
in a natural human urge to cover ones private parts. According to the Quran, when Adam and
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Eve ate from the fruit of the forbidden tree, they became aware that their private parts were
exposed, and they began to cover themselves with the leaves of Paradise, a natural result of their
modesty.

Islamic scholars consider modesty to be a quality that distinguishes human beings from
animals. Animals follow their instincts without feeling any shame or a sense of right or
wrong. Hence, the less modesty a person has, the more he resembles animals. The more modesty
a person has, the closer he is to being human. Islam has mandated certain legislations which induce
this sense of modesty within humans. These legislation range from seeking permission before
entering any room and distancing one from others while relieving oneself, to mandating certain
manners of dress for men and women alike. Another way that modesty may be attained is by
associating with modest people - people in whose presence a person feels embarrassed to do
anything shameful - as the Prophet said:

I advise you to be shy toward God, the Exalted, in the same way that you are shy toward a
pious man from your people.[2]

Tell the believing men to lower their gaze and be modest. That is purer for
them. Lo! God is Aware of what they do. And tell the believing women to lower
their gaze and be modest, and to display of their adornment only that which is
apparent, and to draw their veils over their chests, and not to reveal their
adornment. (Quran 24:30)

Islam considers that the modesty of a believer in front of God must be greater than in front of
people. This is manifest in the saying of the Prophet when a man asked him about remaining naked
in the house while alone. The Prophet responded:

God is more deserving than other people of shyness. (Abu Dawood)

Story:
After waiting for a long time in the queue, being only two females among all the males, someone
finally helped them, and they were able to take their flock of sheep and goats home. Their father
was old, and they had no brother to do their outside chores. Being one of the most onerous of
tasks, drawing water from the well in order to water ones livestock was one performed by men; a
lucky day for them to come home early with the drove freshly watered. The father was surprised
about their early return, and when he inquired into the occurrence, his daughters told him that a
man who seemed a traveler had helped them. The father asked one of them to seek the man out
and invite him home. Upon returning to the well, the lady approached him shyly. When she was
in earshot, she gave him her fathers invitation so that he might recompense him for his help. He
kept his gaze low to the ground as he replied to her, saying that he had done it for the sake of God
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alone, and required no compensation. However, realizing that this was God sent help, he accepted
the invitation. As she was walking ahead of him, the wind blew her dress, which revealed part of
her lower legs, so he asked her to walk behind him and point out the way he should follow when
he reached a fork in the foot path.

Once they arrived at the house, the father presented him with a meal and asked where he was
from. The man told him that he was a fugitive from Egypt. The daughter who had brought him
home whispered to her father: O Father, hire him, because the best of the workers is one who is
strong and trustworthy.
He asked her: How do you know he is strong?
She said: He lifted the stone lid of the well that cannot be removed except by many together.
He asked her: How do you know that he is trustworthy?

She said: He asked me to walk behind him so that he couldnt see me as I walked, and when I
conversed with him, he kept his gaze low with shyness and respect.

This was Prophet Moses, may the mercy and blessings of God be upon him, who had run away
from Egypt after killing someone by mistake, and the father of the girls was a God fearing man
from the tribes of Midian; a man who was sonless, but had had these two daughters.
The verse in the Quran that tells us this story stresses upon the manner of her approaching Moses:

So one of the two (daughters) came to him walking modestly... (Quran 28:25)

Modesty for Muslim Men and Women

While modest behavior varies from person to person, guidelines do exist in the Quran and the
Sunnah. The code of modesty for both men and women includes:

Lowering the gaze and avoiding flirtatious speech and conduct;


Avoiding close physical contact with unrelated members of the opposite sex;
Observing modest dress according to the Quran and Sunnah;
Not drawing unnecessary attention to oneself.

In addition, women should:

Avoid wearing perfume or cosmetics in front of unrelated, marriageable men;


Avoid drawing attention to jewelry and other hidden adornments.

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The inner and outer modesty of haya are just two aspects of a Muslims spirituality, which focuses
on worship and obedience to One God. Muslims should also strive to be truthful, sincere,
humble, patient, forgiving, charitable, moderate, kind, and considerate.

Sins:

Sin or Khatiah is one of the most important concepts in any religion; it reflects the very nature of
human beings. It shows the imperfection of humans and the desire of ever wanting. This
imperfection of the human nature was well articulated in the saying of the Prophet (pbuh): All
children of Adam are subject to commit sin, and the best among them are those who [promptly]
repent [to Allah].)

But is this nature of committing sins is acquired or innately exist in us? Islam teaches that all
humans, males and females are born on the state of purity, this state is called the state of Fitra,

Abu Hurairah, may Allah be pleased with him, reported: Allah's Messenger (may peace be upon
him) said:

Every infant is born in the state of fitra. It is his parents who make him a Jew, a Christian, and
Magian, just as an animal gives birth to its young ones. Do you find any deficiency in their limbs?
(Agreed upon: Bukhari and Muslim)



"
) : " (

The saying of the Prophet about Fitra means that:

o The original state of man in regards to moral actions is a state of purity and neutrality,
meaning humans are not evil by nature.
o That the human moral actions are acquired
o This people are responsible for their own deeds
o No one is responsible for others deeds
Is there an original sin in Islam?

Then Allah the Exalted- told Adam to enjoy paradise with his wife Hawwa (Eve), and to eat of
the bountiful things therein; but to not approach one particular tree, otherwise they would both run
into harm and transgression. Then Satan tempted them, trying to make them disobey the command
of Allah, telling them that the reason the Lord forbade them to eat from this tree is:

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But Satan whispered to him: he said, "O Adam! shall I lead you to the Tree of Eternity and to a
kingdom that never decays? (Quran, 20:120)

Satan further tried to convince them to eat from this tree by saying:
he said: "Your Lord only forbade you this tree, save that you should become angels or become of
the immortals. (Quran, 7: 20)

Iblis tempted Adam and Eve in an attempt to get them out of paradise and to lower their high rank
among the creatures in paradise, and to deprive them the state of absolute happiness they were in.
As a result Adam and Eve ate from the tree. Immediately after eating from the tree, they became
aware and conscious about their faults and also of their nakedness:

So by deceit he brought about their fall: Then when they tasted of the tree, that which was hidden
from them of their shame (private parts) became manifest to them, and they began to sew together
the leaves of the Garden over their bodies. And their Lord called unto them: "Did I not forbid you
that tree, and tell you that Satan was an avowed enemy unto you? (Quran, 7:22)

Notice that the command of Allah was not: You shall not eat from this tree. The command
specifically was: do not approach this tree meaning: do not come close to or near
the prohibited area because He, the Creator and most High, knows that human nature usually
struggles with temptation and sometimes fails to avoid temptation. Thus, it is better to stay away
from this area. In Islam this is applicable to any command of prohibition, as a means of prevention
and protection.

By this temptation Satan was able to make Adam and Eve slip from paradise and get them out of
it depriving them of eternal happiness. Allah the Exalted-commanded them to follow a certain
order and they failed. Thus, Divine commands have both moral and legal implications, and as a
result Allah the Exalted- sent them all (Adam, Eve, and Satan) down to earth, telling them that
on earth they would live for a specific period of time during which they would struggle against
each other as enemies.

Allah said:

We said: "Get you down, all, with enmity between yourselves. On earth will be your dwelling
place and your means of livelihood (with enjoyment) for a time. (Quran, 2: 36)

Then Allah The Merciful- taught Adam how to pray and how to supplicate for forgiveness. When
Adam did, Allah forgave him. Thus, the original sin of our father Adam ended there.

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Who Ate from the Tree Adam or Eve?

Notice that Adam was mentioned in the Quran as listening to the whispering of the Satan,
However, after that, both Adam and Eve ate from the tree.

)(



Then Satan whispered to him: he said, "O Adam! shall I lead you to the Tree of Eternity and to a
kingdom that never decays? (Quran, 20:120)

Another support for the above is this authentic narration from the saying of the Prophet
(pbuh):

Anas bin Malik, may Allah be pleased with him reported: Allah's Messenger (may peace be upon
him) said:

Allah would gather people on the Day of Resurrection and they would be concerned about it,
and would say: if we could seek intercession with our Lord, we may be relieved from this
predicament of ours. He (the Holy Prophet) said: They would come to Adam and say: Thou art
Adam, the father of mankind, Allah created thee with His own hand and breathed unto thee of His
spirit and commanded the angels and they prostrated before thee, so intercede for us with thy Lord
so that He may relieve us from this position of ours. He would say: I am not in a position to do
this, and would recall his error, and would feel shy of his Lord on account of that; go to Noah the
first Messenger (after me) sent by Allah. (Agreed upon; narrated by Bukhari and Muslim)

What About the Original Sin


Also notice that there is no original sin in Islam. After Adam was sent down to earth, he asked his
Lord for forgiveness and Allah forgave him saying:

Then learned Adam from his Lord words (of inspiration), and his Lord pardoned him (accepted
his repentance); for He is the One Who forgives, the Most Merciful. (Quran, 2:37)

)37: " (
"

This was the first guidance sent from Allah to humans on earth. The Quran tells that guidance and
revelation continued after that in order to help people achieve the best possible life on earth and to
protect them from evil until they go back to their Lord; individually by death, or collectively at the
time of the day of judgment.

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After the first sin of Adam (pbuh) was forgiven the situation of the descendents of Adam depend
on the response of the individual commitment, and obedience to the revelation and the guidance
of their Lord.
We said: "Get down all of you from it (the Paradise), then whenever comes to you guidance from
Me, and whoever follows My guidance, on them shall be no fear, nor shall they grieve. (Quran,
2: 38)

Two Categories of sin in Islam:

Sins are divided into two kinds: 1. Minor sins (saghaer) and 2. Major sins (Kabaer)

The minor sins also called lamamm in the Quran:




) : (

Those who avoid the greatest of sins and indecencies, and forgive when they are angry (al-Shra
42:37) Those who avoid the greatest sins and indecencies, except for oversights, (will find that)
surely your Lord is ample in forgiveness. (Al-Najm 53:32)

The Messenger of Allah (SAW) said: "The five [daily] prayers, Friday to Friday, and Ramadan to
Ramadan make atonement for what has happened since the previous one when major sins have
been avoided." It is therefore very important to determine exactly what the greatest vices,
technically called "the major sins" (Kaba'ir), are, in order that Muslims should avoid them.

The Major sins are:

The major sins are those acts which have been forbidden by Allah in the Quran and by His
Messenger (SAW) in the Sunnah (practice of the Prophet), and which have been made clear by the
actions of the first righteous generation of Muslims, the Companions of the Prophet (SAW).

Allah Most High says in His Glorious Book:

If you avoid the major (part) of what you have been forbidden (to do), We will cancel out for
you your (other) evil deeds and will admit you (to Paradise) with a noble entry. (al-Nisa 4:31)
Thus by this verse, Allah Most High has guaranteed the Garden of Paradise to those who avoid the
major sins.

There is some difference of opinion among scholars in this regard. Some say these major sins are
seven, and in support of their position they quote the tradition: "Avoid the seven noxious things"-

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and after having said this, the prophet (SAW) mentioned them: "associating anything with Allah;
magic; killing one whom Allah has declared inviolate without a just case, consuming the property
of an orphan, devouring usury, turning back when the army advances, and slandering chaste
women who are believers but indiscreet." (Bukhari and Muslim)

'Abdullah ibn 'Abbas said: "Seventy is closer to their number than seven," and indeed that is
correct. The above tradition does not limit the major sins to those mentioned in it. Rather, it points
to the type of sins which fall into the category of "major." These include those crimes which call
for a prescribed punishment (HADD; plural, HUDUD), such as theft, fornication or adultery
(ZINA), and murder; those prohibited acts for which a warning of a severe punishment in the Next
is given in the Qur'an or the tradition; and also those deeds which are cursed by our Prophet (SAW).
These are all major sins.

Of course, there is a gradation among them, since some are more serious than others. We see that
the Prophet (SAW) has included SHIRK (associating someone or something with Allah) among
them, and from the text of the Qur'an we know that a person who commits SHIRK will not his sin
be forgiven and will remain in Hell forever.

Allah Most High says:

Surely, Allah does not forgive associating anything with Him, and He forgives whatever is
other than that to whomever He wills. (al-Nisa 4:48 and 116)

01. Associating anything with Allah


02. Murder
03. Practicing magic
04. Not Praying
05. Not paying Zakat
06. Not fasting on a Day of Ramadan without excuse
07. Not performing Hajj, while being able to do so
08. Disrespect to parents
09. Abandoning relatives
10. Fornication and Adultery
11. Homosexuality(sodomy)
12. Interest(Riba)
13. Wrongfully consuming the property of an orphan
14. Lying about Allah and His Messenger
15. Running away from the battlefield
16. A leader's deceiving his people and being unjust to them
17. Pride and arrogance
18. Bearing false witness

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19. Drinking Khamr (wine)
20. Gambling
21. Slandering chaste women
22. Stealing from the spoils of war
23. Stealing
24. Highway Robbery
25. Taking false oath
26. Oppression
27. Illegal gain
28. Consuming wealth acquired unlawfully
29. Committing suicide
30. Frequent lying
31. Judging unjustly
32. Giving and Accepting bribes
33. Woman's imitating man and man's imitating woman

Intention and Sin:

Intention is important; it changes a sin from a minor one to a major one if a person is intentionally
insisted on doing it.

Sin and repentance:

In Islam Allah accepts the repentance of people, he said in the Quran:






)53 :39(

Say: O My slaves who have been prodigal to their own hurt! Despair not of the mercy of Allah,
Who forgiveth all sins. Lo! He is the Forgiving, the Merciful. ( Quran, 39:53)

There are four conditions for repentance:

1. The feeling of remorse


2. Sincerity
3. Giving back the rights of people
4. Moving away from ones community

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Lecture 7:
ON THE AVOIDANCE OF THE FORBIDDEN
By Imam Al Ghazali
On the Avoidance of Sins of the Body
On the Avoidance Sins of the Heart

On the Avoidance of Sins of the Body

[Introduction]

You should know that Religion consists of two parts:

One of them is the leaving undone of what is forbidden.

The other is the performance of duties.

Of these the leaving undone of what is forbidden is the most difficult. The duties or acts of
obedience [as described in Part I] are within the power of every one, but only the upright are able
to set aside the appetites [and desires]. For that reason the prophet (pbuh) said: The true Muhajir6
[emigrants] is the one who flees from evil, and the real Mujahid7 [a person using maximum effort]
is the one who struggles against his passions.

You should know that you disobey [sin against] God only through the parts of your body. Yet
these are a gift to you from God and a trust committed to you. To employ God's gift in order to sin
against Him is the height of ingratitude; to betray the trust which God committed to you is the
height of presumption. The parts of your body are your subjects; see to it, then, how you rule over
them. Each of you is a ruler, and each of you is responsible for those he rules over.

You should also know that all the parts of your body will bear witness against you in the courts of
the resurrection, with voluble and sharp, that is, eloquent, tongue, declaring your faults before the
chiefs of the creatures. God most high says:

On a day when their tongues and hands and feet will bear witness against them for what they have
been doing. (Quran, 24:24)

6
Watt translated Muhajir as Hijrah (migration) as a noun, while Muhajir is the one who migrates.
7
Watt used the noun Jihad instead of Mujahid (meaning the one who struggle). The translation of 'Jihad' as 'Holy War'
is wrong. The word "Jihad" means "Struggle", it is derived from the Arabic root: "Jahd" meaning great effort, and
meant first of all, in the Islamic literature, the struggle against one's desires. There is no 'Holy War' in Islam, and
scholars are no longer accepting this translation.

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He the Exalted- also said:

This day We shall set a seal upon their mouths, and their hands will speak to Us, and their feet
will testify what they have been piling up. (Quran, 36:65)

Then guard all your body, and especially the seven parts, for Hell has seven gates, to each of which
is allotted a portion of the people of Hell.

To these gates are appointed only those who have sinned against God with these seven parts of the
body, namely, the eye, the ear, the tongue, the stomach, the genitals, the hand, and the foot.

Section 1: The Eye


The eye has been created for you solely in order that you may be guided by it in darkness, that you
may be aided by it in respect of your needs, that by it you may behold the wonders of the realm of
the earth and the heavens, and learn from the signs in them. Keep the eye from three things or four:

From looking at women other than those you may lawfully look at.

From looking lustfully at a beautiful form.

From looking at a Muslim with a contemptuous eye.

From perceiving the disgrace or vice of a Muslim.

Section 2: The Ear


The ear you ought to keep from listening to Bidah [innovation] or backbiting or obscenity or vain
conversation or accounts of men's wickedness.

The ear was created for you solely that you might hear the word of God most high and the
Traditions of the Messenger of God (pbuh) and the wisdom of His saints, and that, by gaining
knowledge thereby, you might attain to the realm enduring and everlasting delight.

If you listen with your ear to anything of what is disapproved [by God], what was for you [in your
favor] will become against you, and what would have been the cause of your success will be turned
into the cause of your destruction. This is the greatest possible loss.

Do not imagine that the sinfulness belongs only to the speaker and not to the hearer. Tradition says
that:

The hearer shares (the guilt of) the speaker, and is like him a slanderer.

Section 3: The Tongue


The tongue was created for you chiefly that you might frequently engage in the mention [Thikr]
of God most high [in acts of adoration] and in the reciting of His book, that you might direct the

98
creatures of God most high to His way, and that you might declare to God the religious and secular
needs of which you are conscious.

If you use it for some purpose other than that for which it was created, you deny the goodness of
God most high in giving it to you. It is the part of your body with most power over you and over
the rest of creation. It is, above all, the slanders of the tongue which throw men into Hell on their
noses. So gain the mastery over it to the utmost of your ability, lest it throw you to the bottom of
Hell. There is a Tradition that:

The man who speaks a word to make his friends laugh is thereby hurled into the pit of Hell for
seventy years.

A Muslim met the death of a martyr in battle in the lifetime of the Messenger of God (pbuh) and
someone said, 'May he enjoy Paradise', but the Prophet (pbuh) said: 'How do you know [he is in
Paradise]? Perhaps he used to speak about what did not concern him and to be miserly with what
gained him nothing'.

With regard to your tongue there are eight things to be guarded against:

(1) Lying.
Keep your tongue from lying, whether in earnest or in jest. Do not accustom yourself to lying in
joke, for it may lead you to lying, in earnest. Lying is one of the sources of the greater sins, and, if
you come to be known as a liar, your uprightness becomes worthless, your word is not accepted,
and [men's] eyes scorn and despise you. If you want to know the foulness of lying for yourself,
consider the lying of someone else and how you shun it and despise the man who lies and regard
his communication as foul. Do the same with regard to all your own vices, for you do not realize
the foulness of your vices from your own case, but from someone else's. What you hold bad in
another man, others will undoubtedly hold bad in you. Do not therefore be complacent about that
in yourself.

(2) Breaking promises.


Do not promise something and then fail to perform it. The good you do to people should rather be
in deed without any word. If you are forced to make a promise, take care not to break it, except
from inability to fulfill it or from compulsion. To do so is one of the signs of hypocrisy and
wickedness [bad Morals]. The Prophet (pbuh) said:

There are three things, which, if a man practices secretly, he is a hypocrite, even although he fasts
and performs the prayer: if, when he relates something, he lies; if, when he makes a promise, he
breaks it; if, when he is given a trust, he betrays it.

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(3) Protecting Tongue from Backbiting.
In Islam Backbiting is more serious than thirty adulteries; so it is reported in Tradition.

The meaning of backbiting is to mention matters of a person which he would dislike, were he to
hear them. If you do this, you are a backbiter and unjust, even if what you said is true.

Be careful to avoid the backbiting of the reciters8 who are hypocritical people, namely [backbiting]
by giving people to understand something without actually stating it, as when you say: May God
make him a better man, seeing what he has done has harmed and grieved me; and Let us ask God
to make both us good better'.

This combines two evil things; firstly, backbiting, for by it people come to understand; and
secondly, justification of oneself and praise of oneself for freedom from sin and for goodness.

Now, if your aim of your saying, 'May God make him better', was to intercede [supplicate] for
him, intercede for him in secret; if you are grieved because of him (that is, for his sake), then the
sign of it is that you do not want to criticize him and make public his wickedness; but in making
public your grieved at his wickedness, you make a public assertion that he is wicked.

Sufficient to keep you from backbiting is the word of God most high:

Do not go behind each other's back; would any of you like to eat the flesh of his brother when he
is dead? You would hate it. (Quran, 49:12)

Thus God compares you to one that eats the flesh of a dead man. How fitting that you should guard
against this [backbiting]!

There is another thing which will keep you from backbiting the Muslims, if you reflect about it,
namely, that you should examine yourself to see whether there is any open or hidden vice in you
and whether you are committing a sin, secretly or publicly. If you find that this is so in your own
case, you may be sure that the other man's inability to free himself from what you attribute to him
is similar to your inability, and his excuse similar to your excuse. Just as you dislike being openly
criticized and having your vices mentioned, so he dislikes that. If you veil him, God will veil your
faults for you; if you criticize him openly, God will give sharp tongues power over you to impair
your reputation in this world, and in the world to come God will criticize you before all creatures
on the day of resurrection. If, however, on examining your exterior and interior life, you do not
come upon any vice or imperfection in it, either religious or secular, you may be sure that your
ignorance of your vices is the worst kind of folly, and no vice is greater than folly. If God desired
good for you, He would make you see your vices. To regard oneself with approval is the height of
stupidity and ignorance. If, on the other hand, you are correct in your opinion, thank God for it

8
Who just read the Quran without understanding the deeper meaning of it, and thus without applying it.

100
[your condition] and do not corrupt it by mentioning people ruining their reputations, for that is
the greatest of vices.

(4) Wrangling, arguing and disputing with people about matters of theology [and
metaphysics].
That involves injuring and disparaging the other party and showing his ignorance, and likewise
involves self-praise and self-justification on the grounds of having superior intelligence and
knowledge. Moreover it disturbs one's life, since when you contend with someone who is a fool
he annoys you, and when you contend with an intelligent person he hates and feels resentment
against you. The Prophet (pbuh) said:

If a man avoids disputing when he is in the wrong, God builds for him a mansion in the middle
part of Paradise; if a man avoids disputing when he is in the right, God builds for him a mansion
in the highest part of Paradise.

The devil must not deceive you by saying to you: 'Make the truth evident, do not dissemble about
it'. The devil is always trying to entice fools to evil, presented in the appearance of good. Do not
become a laughing-stock for the Devil and have him scoff at you. To make truth evident is good
when there is someone who receives it from you, that is, by way of counsel in private, not by way
of disputation.

Counsel, however, has a distinctive form and character, and requires tact. Otherwise it becomes
criticism, and produces more evil than good. If a man associates with the theologians
(mutafaqqiha) of this age, disputation and argument come to dominate his nature, and it is difficult
for him to be silent, since bad professors have suggested to people that such things constitute
excellence and that what deserves praise is the power to demonstrate and debate.

Flee from them as from a lion. Assuredly, you should realize that disputing is the cause of hatred
with God and man.

(5) Self - Justification.


God most high says:

So do not justify yourselves, He best knoweth those who show piety. (Quran, 53:32)

When one of the wise people was asked, 'What is wicked truthfulness'? He replied: 'A man's praise
of himself'.

So beware of falling into the habit of doing that. Such conduct assuredly lowers you in people's
estimation, and leads to hatred of you in God. If you want to appreciate the fact that praise of

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yourself does not raise you in other men's estimation, consider what happens when your
acquaintances make much of their own virtue, influence and wealth. Your heart refuses to
acknowledge that they claim, and your nature finds it excessive; when you have left their company,
you blame them. Assuredly when you justify yourself, they likewise blame you in their hearts
while you are present, and after you have left their company give tongue to their thoughts.

(6) Cursing. Beware of cursing anything that God most high has created, whether animal or food
or man himself. Do not be categorical in bearing witness against any of the people of the Qiblah
[or any Muslim] to the effect that he is a polytheist or infidel or hypocrite. The One Who
apprehends secrets is God most high; do not interfere between God most high and His servants.
You should know that on the day of resurrection you will certainly not be asked, 'Why did you not
curse so and so? Why were you silent about him'?

On the contrary, even if throughout your life you have never cursed Iblis (Satan) and never
employed your tongue in mentioning him, you will not be questioned about that or asked to give
an account on the day of resurrection; but if you cursed anyone whom God, created, you will have
to give an account. Never blame anything that God most high created. The Prophet (pbuh) would
never criticize bad food; when he wanted anything, he ate it; otherwise he left it alone.

(7) Invoking evil on creatures.


Guard your tongue from invoking evil on anyone whom God most high has created. Even if he has
wronged you, yet the whole matter is in the hands of God most high. A Tradition, says:

"Let the victim invoke evil on the wrongdoer until he requites him; if he does, then the wrongdoer
will be his creditor and he will have to give account on the day of resurrection."

A certain man said much against al-Hajjaj, whereupon some of the Salaf [righteous ancestors]
remarked: 'As surely as God will take vengeance on al-Hajjaj for those he oppressed, He will take
vengeance for al-Hajjaj on those who attack him with the tongue'.

(8) Jesting, ridiculing and scoffing at people.


Guard your tongue from that, whether in earnest or in play. It affects negatively your modesty,
destroys respect, induces isolation [or unsociability], and hurts the hearts. It is the source of
contumacy, anger and estrangement, and implants bitterness in men's hearts.

Do not associate with anyone in jesting, even if they try to associate you in their jests; do not reply
to them, but turn away from them until they talk about something else.

Be one of those who, if they pass some idle joking, pass on with dignity.

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This much about the various defects of the tongue. Nothing helps you against it except seclusion
and the preservation of silence wherever possible. Abu Bakr the Upright (may God be Pleased
with him) placed a stone in his mouth to prevent himself speaking except when necessary; he used
to point to his tongue and say:

"This is what has brought my troubles upon me."

Guard against it [the tongue], for it is the chief cause of your destruction in this world and the next.

Section 4. The Stomach


The stomach is to be guarded from partaking of what is unlawful or of doubtful legality. Try to
obtain what is lawful and when you have found it try to take less than your fill of it. Satiety hardens
the heart and makes the mind less receptive, impairs the intellect, and weakens the memory; it
makes the limbs too heavy for piety and for knowledge; it strengthens the desires and aids the hosts
of Satan.

Satiety arising from things lawful is the source of all evil; what then of satiety from things
unlawful?

Likewise, to look for lawful food is a duty for every Muslim. Worship and knowledge, along with
eating what is unlawful, are like building on dung. If you are content with a coarse shirt throughout
the year, and two loaves of black bread in twenty-four hours, and give up delighting in the finest
of delicacies, then you will never lack a sufficiency of what is lawful.

What is lawful is of many kinds. You are not required to be certain about the inner nature of things,
but you must avoid what you know to be unlawful, or think to be so on the basis of some sign
which is actually present and which by analogy implies unlawfulness.

Now the things known to be unlawful are obvious; those thought to be so on the basis of a sign
are: the property of the Ruler and his deputies [or provincial governors], and the property of those
who have no means of livelihood except [professionally] mourning for the dead or selling wine or
practicing usury or the playing of flutes or other instruments of pleasure.

The unlawful includes even the property of the man of whom you know that the major part of his
wealth is quite unlawful; while it is exceptionally possible in such a case that the actual things you
receive are lawful [that is, lawfully come by], yet they must be regarded as unlawful, since that is
more probable [that they are unlawfully come by].

Absolutely unlawful, too, is the consuming of any trust fund where that is done otherwise than in
accordance with the provision of the testator. Thus for example, what a person not engaged in
theological studies receives from the trust funds of the schools is unlawful; and if a person has
committed a sin invalidating his giving evidence, what he receives as a Sufi from a trust fund or
other source is unlawful. We have dealt with the bases of the doubtful, the lawful and the unlawful

103
in a special book of The Revival of the Religious Sciences [Book 14]. You must seek to study it
[the book on the lawful] since to know and seek the lawful is obligatory for every Muslim, just
like the five Prayers.

Section 5. The Genitals


The genitals should be guarded from everything which God most high has made unlawful. Be as
God most high said:

Those who their private parts do guard, except in regard to their spouses and what their right
hands possess, for they are not to be blamed. (Quran, 23:5 and 6)

You will not manage, however, to guard your genitals except by guarding your eyes from looking
and by guarding your heart from thinking and by guarding your stomach from what is doubtful
and from satiety, for these are the movers of desire and its source.

Section 6. The Hands


The hands should be guarded from beating a Muslim, or from receiving unlawful wealth, or from
harming any creatures, or from betraying a trust or deposit, or from writing [words] the utterance
of which is not made permissible [by Islamic law] to say, for the pen is one of man's two tongues.
So guard it [pen] from the same things as the tongue.

Section 7. The Feet


The feet should be guarded from going to an unlawful place and from hastening to the court of a
wicked Ruler. To go to wicked rulers where there is no necessity or compulsion is a grave sin, for
it means humbling oneself before them and honoring them in sinfulness, and God most high has
commanded keep away from them when He said:

And incline not toward those who have done wrong, lest the Fire should touch you, and you have
no protectors other than Allah, nor you would then be helped. (Quran, 11:113)9

If you do so, seeking their wealth that is to hasten to what is unlawful. The Prophet (pbuh) has
said:

9
M. Watt referred to verse number 115, which is wrong. This verse is number 113 from chapter 11. See Watt, page
140.

104
When a man humbles himself before an upright rich man, two thirds of his religion goes away.

That is in the case of a rich man who is upright; what then, do you think, with a rich man who is
wicked?

[Conclusion]
In general, when your members move and are at rest, these acts are some of the graces of God
most high to you. Do not move any of your members at all in disobedience to God most high, but
employ them in obeying Him. If you fall short, the evil consequences will come back upon
yourself; if you are diligent, the fruits of your activity will come back to yourself.

God is rich enough to do without you and your work. It is only "by what each one has piled up that
he is held in pledge." (Quran, 74: 38)10 (That is, people's eternal destiny depends on their conduct
in this life).

Beware of saying, 'God is generous and merciful; He pardons the sins of the disobedient'. This is
a true word, but what is meant by it in such a context is false, and the person who repeats it is to
be dubbed a fool, according to the definition of the Messenger of God (pbuh) when he said:

"The shrewd man is he who masters (or abases) himself and works for what is after death; the fool
is the man who makes himself follow his passions and desires things contrary to the command of
God."

If you say such a thing, you clearly resemble the man who wants to be learned in the sciences of
religion but spends his time in idleness and says, 'God is generous and merciful, able to fill my
heart with that knowledge with which He filled the hearts of His prophets and saints, without any
effort on my part, any repetition, any learning from a teacher. Again, you resemble the man who
wants wealth, yet does not engage in farming or commerce or any gainful Occupation, but has no
employment, and says, God is generous and merciful; 'His are the treasuries of the heavens and
the earth' (Quran, 63:7); He is able to make me light upon some treasure which will make me
independent of gaining a living; He has in fact done that for some men.

Now you, on hearing what these two men say, count them fools and scoff at them, even although
their descriptions of the power and generosity of God most high are true and correct. In exactly
the same way men of insight in religion laugh at you when you try to obtain forgiveness without
making any effort for it. God most high says:

10
Watt referred to verse number 41, which is wrong. The correct verse that al-Ghazali mentioned was verse number
38 from chapter or Surah 74.

105
(Has he been told) that man can have nothing but what he does (good or bad) (Quran, 53:39)11

And again:

You are only being recompensed for what you have been doing'; (Quran, 52:16)

And again:

Verily the virtuous are in delight, and verily the scoundrels are in a hot place. (Quran, 82: 13
and 14)

So, if you do not, in reliance on His generosity, give up all effort to get knowledge and wealth,
likewise do not give up making provision for the world to come and do not become remiss. The
Lord of this world and of the next is one, and in both He is generous and merciful; His generosity
does not increase through your obedience, but it consists in His making easy for you the way by
which you arrive at the enduring and eternal realm through patience in setting desires aside for a
few days. Such is His great generosity.

Do not repeat to yourself these stupidities of the idlers, but imitate men of prudence and resolution,
the prophets and the righteous. Do not long to reap what you did not sow. Would that all who
fasted and performed the Prayer and engaged in effort and struggle [jihad] and were pious had
been forgiven!

These are all the things from which you must guard your external members. The acts of these
members develop only through the attributes of the heart.

If, then, you want to guard your members, you must purify your heart, that is, be inwardly pious
and not merely outwardly. The heart is the 'morsel of flesh whose soundness leads to the soundness
of the whole body; so see to its soundness in order that thereby your members may be sound.

On the Sins of the Heart

[Introduction]
You should know that the blameworthy qualities in the heart are many, and the purification of the
heart from its vices is a lengthy [process], and the way of treating these is obscure. People are so
lacking concern for themselves and so occupied with the outer beauty of the world that the
knowledge and practice of that treatment have altogether disappeared. We have dealt fully with all

11
Watt made reference to verse number 40, which is wrong; the correct verse is verse 39.

106
that in our work on The Revival of the Religious Sciences, in the parts about Things Destructive
and Things Salutary, [the third and fourth quarters].

Here we warn you against three of the evil dispositions of the heart, which are the most prominent
among the religious scholars of our time, so that you may be on guard against them; for they are
both destructive in themselves and the roots of all other evil dispositions; they are envy, hypocrisy
and pride [self-admiration].

Put your extreme effort to purify your heart from them. If you conquer these, then you should
know how to guard against the others mentioned among the things destructive [in The Revival of
Religious Sciences]; if you were unable to deal with these, then you will be more unable to deal
with others.

Do not imagine that you will be able to preserve with a sound intention in your pursuit of learning
and there is any envy, hypocrisy, or pride in your heart. The Prophet (pbuh) said:

Three things are destructive, sordid avarice, desires given rein to, and admiration of oneself.

ENVY: [The First Destructive Character of the Heart]


Envy [Hasad] is a form of avarice, for the miser is the man who is stingy towards others with his
possessions; the grudging person is the one who is miserly towards the servants of God most high
with the favor of God where that is in the treasuries of His might and not in his own treasuries,
therefore his avarice is greater. The envious man is the one who is pained when God most high out
of the treasuries of His might bestows on one of His servants knowledge, or wealth, or popularity
in the heart of people, or some piece of good fortune, and who therefore wants that favor taken
away from the other person, even though he himself will not obtain any advantage from its
removal. This is the depth of evil. Hence the Messenger of God (pbuh) said:

Envy eats up good deeds as fire eats up wood.

The envious man suffers punishment and receives no mercy. He is continually suffering
punishment in this world, for the world never lacks among his contemporaries and acquaintances
many on whom God has bestowed knowledge or wealth or influence, and thus he continually
suffers punishment in this world until his death. And the punishment of the world to come is even
greater and more severe.

Indeed a man does not arrive at true faith so long as he does not want for the rest of the Muslims
what he wants for himself. Indeed, he must participate with them in happiness and misery. The
Muslims are like a single building, one part of which supports the other; they are like a single

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body, in which, if one member suffers, the rest of the body is affected. If you do not find this state
of affairs in your heart, then it is more important for you to busy yourself with seeking deliverance
from destruction than to busy yourself with matters hardly ever discussed, and with the science of
disagreement.

OSTENTATION: [The Second Destructive Character of the Heart]


Ostentation [Riya] is hidden polytheism. It is one of the two forms of polytheism. It consists in
your quest for such a place in the hearts of people that you thereby obtain influence and respect.

The love of influence is one of the 'desires given rein to', and through it many people go to
destruction. Yet people are destroyed only by themselves.

If people really judged objectively, they would realize that it is only people's hypocrisy which is
the motive of most of their intellectual pursuits and acts of Worship, not to mention their customary
activities; and this hypocrisy renders their acts of no avail. Thus we find in Tradition:

On the day of resurrection orders will be given to take the martyr to the Fire, and he will say, O
Lord, I was martyred fighting in Thy path", and God most high will say to him, You wanted it to
be said that so and so is brave; that has been said, and that is your reward.

The same will be said of the scholar, the man who has performed the pilgrimage to Mecca, and the
reciter of the Qur'an.

PRIDE & ARROGANCE: [The Third Destructive Character of the Heart]


Pride and arrogance, [Ujb and Kibr] is the chronic disease. It is man's consideration of himself
with the eye of self-glorification and self-importance and his consideration of others with the eye
of contempt. The result as regards the tongue is that he says, 'I and I as accursed Iblis [Satan] said:

I am better than he; Thou hast created me of fire, but him [Adam] Thou hast created of clay.
(Quran, 7:12 and 38:76)

The fruit of it in society is self-exaltation and self-advancement and the endeavor to be foremost
in discussions and resentment when what one says is contradicted.

The arrogant man is he who, when he gives advice, harshly criticizes, but, when he receives it, is
dismissive. Every one who considers himself better than one of the creatures of God most high is
arrogant.

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Indeed, you ought to realize that the good man is he who is good in God's sight in the mansion of
eternity; and that is something unknown to man, postponed to the End. Your belief that you are
better than others is sheer ignorance. Rather you ought not to look at anyone without considering
that he is better than you and superior to you. Thus, if you see a child, you say, 'This person has
never sinned against God, but I have sinned, and so he is better than me and if you see an older
person, you say, 'This man was a servant of God before me, and is certainly better than me and if
he is a scholar, you say, 'This man has been given what I have not been given and reached what I
did not reach, and knows what I am ignorant of; then how shall I be like him?; and if he is ignorant,
you say, 'This man has sinned against God in ignorance, and I have sinned against Him knowingly,
so God's case against me is stronger, and I do not know what end He will give to me and what end
to him'; if he is an infidel, you say, 'I do not know; perhaps he will become a Muslim and his life
will end in doing good, and because of his acceptance of Islam something of his sins will be taken
away, as a hair is taken from dough; but as for me, God is our refuge [or God grant it does not
happen] perhaps God will lead me astray so that I become an infidel and my life ends in doing
evil, and then tomorrow he will be among those brought near to God and I shall be among the
punished'.

Arrogance will not leave your heart except when you know that the great man is he who is great
in the sight of God most high. That is something which cannot be known until the end of life,
and there is doubt about that [the end and whether it will be good or bad], so let fear of the end
occupy you and keep you from making yourself out, despite the doubt about your end, to be
above the servants of God most high. Your certitude and faith at present do not exclude the
possibility of your changing in the future; for God is the disposer of hearts; He guides whom He
will and leads astray whom He will.

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Lecture 8: Ethics and Profession
What are the Five Fundamental Canons of Islamic Engineering Ethics?
Abstract:

Although Islamic engineering ethics is inclusive, it is not mutually incompatible with the Western engineering ethics;
especially, and not limited to, the codes of engineering ethics presented by the National Society of Professional
Engineers (NSPE)-USA, the Engineering code of ethics by the Royal Academy-UK, the Institute of Professional
Engineers New Zealand codes of ethics (IPENZ), The code of ethics by the Accreditation Board of Engineering and
Technology (ABET)-USA, the IEEE, and many other codes.

1. Engineers enjoy a high level of autonomy; the society tend to respect and trust them. However, engineers at our
present time had fallen into wrong practices that raise the urge need (now more than ever) for moral regulations. In
the Western culture there are many codes that morally regulate the engineering practice. These codes of ethics are
usually established by a group of professors and specialists in that field. Unfortunately, the Islamic culture had not yet
established an organized code of engineering ethics, whereas the system of Islamic moral values is comprehensive.
This paper is an attempt to construct an Islamic code of ethic for engineers that consists of five canons, in addition to
some auxiliary concepts, and some procedural concepts.

The paper also shows that there must be some general moral principles that need to be globally observed by all
engineers transcending the cultural limits. Yet I emphasis that there must be some ethical principles and set of moral
values to guide the very practice of engineers in a given culture; where the cultural norms and customs need to be
observed as part of its unique identification.

1. In their practice engineers experience different kinds of conflicts such as that between their
professional ethics and their personal moral convictions, between the engineering code of ethics and the
firm commands. Before we look at this case with more details we need to look briefly at the Islamic
essential canons of engineering ethics.

2. Although Islamic engineering ethics is inclusive, it is not mutually incompatible with the Western
engineering ethics; especially, and not limited to, the codes of engineering ethics presented by the
National Society of Professional Engineers (NSPE)-USA, the Engineering code of ethics by the Royal
Academy-UK, the Institute of Professional Engineers New Zealand codes of ethics (IPENZ), The code of
ethics by the Accreditation Board of Engineering and Technology (ABET)-USA, the IEEE, and many other
codes.

The reason that Islamic engineering ethics is overlapping with Western engineering ethics is due to the
fact that Islamic engineering ethics derives its authority and power of obligation from both reason (Aql)
and revelation (Naql). It is in this common area of reason and in the most essential element of human as
such., i.e., logical thinking, and the focus on humans as the very core value of our work and finally the
respect of person, the Islamic code of ethics meet with the Western ethics; where most of the codes of
ethics emphasize the moral obligations based on what make sense and rationally acceptable.

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RESPECT of A person in ISLAM:

3. The Islamic Code of Engineering Ethics might go beyond the rational justification to add intentionality
as a spiritual dimension that inspire people to: (a) intend the good, and (b) do good (good action + good
intention)i because an engineer might do good under the power of law without intending it, or to perform
an action as mere duty without the will or the love from the heart to do so. Second, Islam, as well as other
religions, inspires engineers to be internally committed to do good, even in the absence of an external
authority because God is omnipresent while the boss is not.

Islamic law (Shariah), offers a practical approach to engineering ethics. I was able to elucidate four Islamic
fundamental canons or moral principles in addition to some auxiliary and procedurals concepts. I tried my
best to avoid talking about virtues because they are too many in Islam.

4. The Islamic code of engineering ethics must be harmonious with the objectives of the Islamic law.
Islamic law (Shariah) was revealed to achieve the benefits of the people on earth. Therefore, engineering
ethics must aim at achieving the benefits of the people. This includes achieving safety, health, and the
well-being of others.

Codes of ethics are important in engineering; because they underline the moral responsibilities, rights,
and duties of every engineer. Engineering is a social profession, i.e., a profession that essentially interacts
with people and the environment. In order to achieve safety, health and the well-being of people, the
practice of engineers must be embedded with moral values that set the standards of this profession and
guide its practice. In addition, the codes of ethics promote a responsible conduct that prevents harm to
be caused. In one word, an engineer cannot achieve the level of excellence without a moral
commitment to ones community, environment, and humanity at large. First and most important step for
doing good and preventing harm is to be well equipped with knowledge; as Florman noted that 98
percent of the engineering failures are caused by incompetence. The other 2 percent involve greed, fraud,
dishonesty, and other conventional understandings of wrongdoing, often in addition to sloppiness. ii
Before we get into the Islamic canons lets explain what we mean by Engineering Ethics and how is different
from Morality.

5. The Four Fundamental Canons of Islamic Engineering Ethics

5.1 Doing good to others (Beneficence):


Beneficence in Islam is an imperative that is well enhanced by the Islamic divine law (Shariah.) And it goes
beyond physical actions to include verbal communication, thoughts, and sincere intentions. In ethics, the
principle of doing good to others is also called the principle of Beneficence. Engineers enjoy certain
support and prestige from the society, and they are well paid, therefore they are expected to
professionally give back to their communities by simply doing good to others. Islam urges the engineers
to pay back with care and sincere intention not just as a duty, but as a constructive act that enhances the
society by acting according to the concept of Ihsan (pursuit of excellence), where the work is desired to
be done with perfection. If the engineer lost his/her desire of doing good to others, then Sharia, as a law,
makes beneficence a duty that must be achieved under the category of justice and equality; i.e., to be

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fair to your employer, client, yourself, to the community, and the environment. Islam teaches that doing
good is a noble act that is rewardable in this life and in the hereafter.

Whoever does right, whether male or female, and is a believer, We will surely cause him to live a good
life, and We shall pay them a recompense in proportion to the best of what they used to do. (Quran,
16:97)





We should notice here that: Beneficence is not a relative concept in Islam, by that I mean Shariah defines
what is good and what is not. Therefore, there is no conflict between individual good and the good of
the community or the society, or between the canon of beneficence and the concept of autonomy.
Because what defines what is beneficent transcend the vision of both parties and comes from an objective
source which is Shariah, that makes them harmonious. In this way Islamic philosophy could overcome the
conflict and inconsistency that exists in John Stuart Mills Utilitarianism between beneficence and
autonomy.

The importance of health, safety, and the well-being of people is derived in Islam from the emphasis on
the value of life itself. Life in Islam has infinite value. The sanctity of life appears clearly in the objectives
of the Islamic law as one of the five necessities (religion, life, intellect, procreation, and property). Life
must be preserved and enhanced. Killing one person (the Quranic term is Soul) in Islam is an act equal to
the killing of all mankind. It is an immoral act religiously prohibited period. Whosoever protects and saves
the life of a single human being, is as if he or she has saved the entire humanity:

Whoever kills a soul (a human being) unless for a soul (in legal retribution for murder) or for corruption
[done] in the earth (that requiring the death penalty), it shall be as if he had killed all mankind, and
whoever saves the life of one, it shall be as if he had saved the life of all mankind. (Quran,
5:32)






The high status of life of each individual is coming from the honor that God (Allah) the Exalted, gave to
every individual by saying:

Verily we have honoured / dignified the children of Adam. We carry them on the land and the sea, and
have made provision of good things for them, and have preferred them above many of those whom We
created with a marked preferment. (Quran, 17:70)






1. If a person has only a value, then he/she can be replaced by anything equal in value

2. But we know that there is nothing equal in value to any person

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----------------------------------------------------------------------------------------

Therefore, every person in Islam deserves a status higher than value which is karama or dignity.

Doing good to others can be also called Constructive Ethics.

The emphasis on health, safety, and well-being of the community is derived from the emphasis on the
importance of life and its infinite value and this status of life of each individual is derived from the honor
that Allah the Exalted, gave to every single human being.

Religion Islam: provides:

First, motivation for doing good to others by emphasizing the value of intention

Second, self-realization and self-perfection

Third, offers practical guidance

Fourth, offers high ideals and moral excellence by presenting prophets, and righteous people as role models
to be followed

5.2 Not harming others (Nonmaleficence):


Nonmaleficence is another canon in Islam that stands as a cornerstone in Islamic legal and moral theory.
In Islam the imperative of not inflicting harm goes beyond not harming others to include two things:

First, it includes the prohibition of harming oneself.

Second, harm should not be reciprocal.

This is very clear in the hadith of the Prophet Muhammad (pbuh) saying:

Harm should not be inflicted or reciprocated

this hadith presented a pillar in the principle of Islamic jurisprudence from which the Muslim jurists
derived six sub-rules from it as we will see later.

The canon of not causing harm in Islam implies legal and moral prohibitions in three major components
related to engineering ethics that appears clearly in both the practice and profession of engineers:

- Incompetence

- Corruption

- Dangerous research, experiments, and projects.

Not causing harm is very essential part of what we call preventive ethics. The lack of engineering academic
qualifications is harmful. Equally harmful is the absence of the very spirit to be a learner and pursue after

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graduation the journey of lifelong learning in the wonderland of engineering ever increasing knowledge
and technology. Dangerous research and experimentations might expand in harm to include ecologically
the entire environment; whether in the process of production or as waste. Quran referred to the result
of the above as corruption.

Corruption:

Corruption doth appear on land and sea because of (the evil) which men's hands have done, that He may
make them taste a part of that which they have done, in order that they may return. (Quran, 30:41)




)(

5.3 Responsibility: includes the following key issues: Autonomy:


In Islam every person is responsible because every human being is an Autonomous agent, who has
the right to make decisions about his/her own life without coercion by others. The underlying supposition
of autonomy in Islam is due to the fact that every human being is created endowed with the reason and
intellectual ability that helps them to make decisions related to their daily life; as a result they are
responsible.

Every person, for what he earned, is retained. (Quran, 52:21)

Every soul is a pledge for its own deeds (Quran, 74:38)



A person is responsible for doing good and as a result will be rewarded for it in the hear after, also each
person is responsible for any harm that might be caused and thus be accountable for it at the Day of
Judgment, even though this action is an atoms weight, the Quran states this responsibility in this way:

So whoever does an atom's weight of good will see it then, And whoever does an atom's weight of evil
will see it. (Quran, 99:7and 8)

)( ) (

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Responsibility includes different aspects, and my be understood in different
categories such as:
1. Obligations

2. Accountability

3. Conscientious

4. Blameworthy/Praiseworthy

With the principle of Responsibility we need to discuss other constitutional concepts such as:
Honesty which includes: truthfulness and trustworthiness, and integrity

Honesty is a must in engineering, by which an engineer can overcome the conflict of interest,
keep confidentiality as integral, be objective, truthful, and avoid deception. Honesty must be
manifested in the practicing of any engineer in two aspects:

First, by telling the truth.

Second, by being a trustworthy person.

In regards to the employer and client, the engineer has a twofold commitment and in both the engineer
work as a trustee; the client trusted him because of the knowledge he has to do the project, and the
employer trusted him too because of his knowledge to perform the task. Islam emphasizes the moral
commitment of trustworthiness. Allah Says:

Verily! Allh commands that you should render back the trusts to those to whom they are due; and
that when you judge between men, you judge with justice. Verily, how excellent is the teaching which
He (Allh) gives you! Truly, Allh is Ever All-Hearer, All-Seer. (Quran, 4: 58)







)58(

Based on the above verse from the Quran, Muslim scholars have a consensus on the extreme
importance of trustworthiness, and trusts must be given back to whom they are due, regardless of the
trustier being a Muslim or non-Muslim, virtuous or non-virtuous person. The Prophet Muhammad
(pbuh) said: give the trust back to him who trusted you, and do not cheat him who cheated you.


.

. ) (
Ibn Abas (R) said: that Allah did not give any permission to any person whether at ease or difficult
situation not to fulfill the commitment and the terms of trustworthiness and give the trust.

115

( :


)

All codes of engineering ethics (such as NSPE, IPENZ, Royal Academy UK) emphasize the
importance of responsibility and honesty. In engineering dishonesty could be fatal in threatening
the public health and safety, in addition other forms of harm such as injury, financial loss, and
destroying mutual trust. The other side of this rule is the prohibition of any kind of deception.

Why an engineer should be honest and shall not deceive at all? Simply because:

1. Deceiving other people (employer, client, and the public) is using them as means to an
end. This is absolutely prohibited in Islam since all people are equal. In deontological
ethics (Kant 1724-1804) it is morally wrong to use other people as means to our ends.
Deception could be through acts, communication, mis-presenting facts or altering them.
To do wrong with knowledge is to deceive intentionally; in Islam people are accountable
for their bad intention that translate into action. The famous hadith in Islam about the
relationship between action and intention is quite evident:

The value of an action depends on the intention; a man will be rewarded only for what he
intended.

2. Deceiving other people is disrespecting their autonomy. Since every person in Islam is an
autonomous person, then every person has the right to make rational decision without
any coercion or manipulation from others. Deceptive act deprive autonomous people
their intellectual capacity by giving them altered facts or false information.

3. Deceiving is self-destructive, it might turn to cause harm to oneself. It is an act against


God, and in Islam any act against the teaching of God is an act against oneself, since the
commands of God were established to achieve the well-being of people. (al-Anfal 27)

Thus, honesty must be observed by engineers in all areas of profession and practice, such as:
research, consultation, advertising, professional advice, inspecting, reporting, professionally
witnessing or giving expert testimony in a court, bedding, giving or claiming credit,

Responsibility (masoliyyah) in Arabic language is derived from the word inquiry or question (sual). To
be responsible (Masool) in Arabic language is to be questioned and ready to answer and explain why such
and such had happened. It is an inquiry about ones own obligations. Thus to be responsible in Islam is to
be first of all held accountable for the obligations that the community or the society trusted you on to
professionally fulfill. While to be responsible means to be qualified for holding obligations and duties

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and perform them professionally, to have the sense of responsibility means to be a conscientious; always
aware of your own commitment and fully conscious of the duties needed to be performed regardless of the
difficulties.

5.4 Ihsan the pursuit of excellence,

Ihsan is to worship God as if you see Him, if you dont see Him then assure
yourself that He sees you.

6. The Auxiliary Concepts

To insure the application of the fundamental canons, Islam empower people with several of practical
concepts that are necessary in day to day living to support and nurture the desires and continuations of
doing good. I will call these main concepts the auxiliary concepts. Among the most important of these
auxiliary concepts are:

Hope, optimism, continuity of work, and patience: First, a Muslim engineer should always do good
and seek the best with no rest, there is no excuse to stop doing good even if the obstacles are enormous.
The prophet (pbuh) said: If the hour came (the events of the end of life is taking place) and in the hand
of one of you a palm tree to plant, then he should plant it. A Muslim Engineer shall never lose hope; losing
hope in Islam is equal to losing faith. Hopelessness is considered to be disbelief; Allah says in the Quran
that the prophet Jacob told his children:

O my sons! Go and inquire respecting Yusuf and his brother, and despair not of Allahs mercy; surely
none despairs of Allahs mercy except the disbelieving people, (Quran, 12:87).

A Muslim engineer should always be optimistic: Be optimistic and good shall be found the Prophet
said (pbuh). A Muslim engineer should work hard to make good things happen. Optimism is a state of the
heart and mind and needs to be manifested in action.

7. Procedural Principles:

Disclosure (related to Honesty and responsibility)

Confidentiality (to Autonomy-Responsibility)

Informed Consent (decision making)

Reality Check

Cost-benefit Analysis

Risk-benefit Analysis

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Professions: forms of work involving advanced expertise, independent judgment, self-regulation, and
concreted service to the public good as usually formulated in a code of ethics.

Say (O Muhammad): O my people! Work according to your power. Lo! I too am working. Thus ye will
come to know for which of us will be the happy sequel. Lo! the wrong-doers will not be successful.(Quran,
6:135)






)(

Ye are the best community that hath been raised up for mankind. Ye enjoin right conduct and forbid
indecency; and ye believe in Allah. (Quran, 3:110)

And say (unto them): Act! Allah will behold your actions, and (so will) His messenger and the believers,
and ye will be brought back to the Knower of the Invisible and the Visible, and He will tell you what ye
used to do.(Quran, 9:105)





)(

Justice:
Is important in the sense of treating people impartially; regardless of gender, race, ethnicity, wealth,
power, etc,. I would emphasize the importance of law and governmental legal regulations for the
engineering practice, where law and Shariah itself spells out the public interest.

Under Truthfulness, we can list a virtue (in Aristotelian sense) that operates between the deficiency of
lacking information (to be secretive or lacking frankness) and the excess of revealing all information and
violating confidentiality.

Practical wisdom is an important virtue: Good judgment can be built and established on good habits which
require good training and good practice.

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8. Problems:
A conflict can appear in the following three areas:

The conflict between the code of ethics and self interest

The conflict between some obligations inside the code of ethics such as: obligation to the public
health or safety and that to the employer

Conflict due to religious values and employer such as: a religious person asked to build a casino.

Possible cases: EEp.12, p19,


Case: Cellular phones

Authors: Michael Hamid, Jose de Jesus Rodriguez, Nicole Trahan

Suggested Courses: Antenna Thy/Des

Level: Junior

I. Narrative

Cellular phones are one of the most popular items on the market today. They are attractive and
extremely convenient, with some phones transmitting and receiving signals in the 800 MHz band
and up to and beyond a 30 mile radius. Lately cellular phones have been in the news. A Florida
man sued a cellular phone manufacturer after the death of his wife. His wife died of a cancerous
tumor in the brain allegedly caused by her cellular phone.

The problem originates with the frequency and the location of the antenna. Under normal
circumstances, the antenna is very close to the skull and has an isotropic radiation pattern (360
pattern of radiation) in the azimuthal plane and a figure eight pattern in the elevation plane .
Approximately one half of the power is dissipated into the brain. Therefore, the near field effect
on the brain needs to be investigated at normal operating intensity.

Very little is known about the near field effects of radiation on the body, especially brain tissue.
IEEE has proposed a standard of how much radiation could safely be dissipated into the human
body as a whole. This standard is .4 Watts/kilogram. This is an average for the entire body, but

119
recent research shows that the tissue of the brain is much more susceptible to radiation. This
means that the standard for the brain should be significantly lower than the IEEE standard. How
much lower no one is sure, since the effect of radiation on the brain is unknown.

II. Numerical Problems

Problem 1. Using the following formulas, calculate the electromagnetic fields radiated by the
antenna as a function of distance. ([2],[3]) See diagram.

Er = Io L cos e j[t-(r/c)] [ (1/cr2) + (1/jr3) ]

E = Io L sin e j [ t-(r/c) ] [ (j/c2r) + (1/cr2) + (1/jr3) ]

H = Io L sin e j [ t- (r/c) ] [ (j/cr) + (1/r2) ]

Problem 2. How would these numbers be modified in the presence of a human brain?

Problem 3. How much power is dissipated into the brain? Does this exceed the IEEE standard?

The specific absorption rate (S.A.R.) formula is as follows ([1]):

S.A.R. = E2

Where is the electrical conductivity of the medium in Siemens/meter and is the mass density of
the tissue in kilograms/meters cubed.

Approximate values for the human brain are as follows: = 1050 kg/m3 , = .65 S/m at 350 MHz,
and r = 60 at 350 MHz.

4) How would you modify the design of the antenna to minimize or alleviate the S.A.R. level to
the brain?

III. Ethical Problems

1. Andrew is a young engineer working for a cellular phone manufacturing company. When
doing a bit of off the job research he read the latest report about the susceptibility of the brain to
radiation. The next day he reviewed the calculations of the radiation given off by the antenna of
his company's hottest selling cellular phone. He found that the S.A.R. to the brain was .35 W/kg.
Later that afternoon he visited his boss with a suggestion to modify the antennas on the phones
and perhaps doing a recall on the ones already sold. "Andrew," screamed Diane, head engineer,
"what you're suggestion would cost us hundreds of thousands of dollars! You can't possibly be

120
serious. That's our fastest seller. Recalling them would be a disaster and there are more important
things to be done. You don't even know that this is dangerous!".

" But what about our obligation to the public?"

"What about your obligation to the company? Look, I don't want to make a big issue out of this.
We're within IEEE standards and unless we have further word from them then we're in the
clear."

What would you do if you were in Andrew's shoes? Would you talk to someone above Diane or
try to convince her, etc. ? Can you think of options that would be fair both to the company and to
the public, especially in the light of the uncertainty about the health risks? Explain your
reasoning.

2. Assume that Andrew asks Diane for paid time to research the matter further and Diane refuses
his request. Now what should Andrew do? Discuss your rationale.

References

[1] Gandhi, O.P. 1990. Biological Effects and Medical Applications of Electromagnetic Energy.
Prentice-Hall. Page 7.

[2] Kraus, John D. 1988. Antennas 2nd Edition. McGraw-Hill. Chapter 5.

[3] Lee, K.F. 1984. Principles of Antenna Theory. Wiley. Chapter 3.

IV. Solutions to Numerical Problems

1) using equation #2 and assuming the following values:

r = 5cm

Io = 1 Amp.

f = 800 MHz

L = (c/f)/4 = /4 = (3*108/ 800*106) / 4 = 9.4 cm [ wire length ]

W = 2f = 2800*106

o = 8.854*10 12 Farads/meter [ for free space permeability ]

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= o r ( in the absence of the brain r is taken out of the equation, therefore for this question = o ) =
90

After doing the math, the value of o is 1198.8 V/M

2) In the presence of the human brain, r is equal to 37 ( assumed for the brain at 1 GHz [1] pp
88,89, and 121 ). After adding this into the equation.... o = 32.4 V/M

3) Using the S.A.R. equation ( .81 * (32.4)2 ) / 2*1050 = .41 W/kg. This exceeds the IEEE
standard by .01.

4) One way to alleviate the problem is to design an antenna that is perpendicular to the brain
rather than parallel to it. Meaning that the antenna would be at a 90 angle. This would make =
180 , which would in turn make S.A.R. value very near 0.

V. Solutions to Questions on Ethics and Professionalism

1. Andrew's situation could be described as a "conflict problem". That is, he is caught between
an obligation to protect the health of the public and an obligation to be a loyal employee. The
first thing he should do is get as much information as he can about the facts. Just how harmful is
the radiation from the company's cellular phones? How expensive would it be to recall the
phones? Is IEEE about to change its standards? What legal liabilities could the company face
from the harm to the public?

After this, Andrew should attempt to come to a "creative middle way" solution to the problem.
That is, he should try to propose a course of action for himself that would satisfy both his
obligation to the public and his obligation to be a loyal employee. If his research concludes that
the cellular phones are indeed a danger to the public, he might conclude that the company is
liable for lawsuits, even if the radiation does fall within IEEE standards. After all, automobile
manufacturers have gotten into trouble with the government and the public, even in areas where
they followed government standards. If Andrew could come up with a low-cost modification of
the phones, he might be able to convince Diane that a recall would not be too costly, that the
recall would ultimately result in a public-relations coup for the company, and that it could avoid
or mitigate costly litigation later. He might argue, for example, that the company could
emphasize that it was making the recall, even though its product falls within all of the legal and
professional standards and that the new or refurbished phones are the safest on the market.

If Andrew's research concludes that the radiation danger is not significant, or that it is not clear
what the danger is, he may choose a different option. If he concludes it is not clear what the
danger is, for example, he may try to persuade Diane that new phones should be made safer,
even though the old ones should not be recalled. He can argue that the company could advertise
its new phones as safer than those of the competitors.

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Insofar as possible, he should make specific proposals as to how the phones can be made safer.
At the very least, he should make specific proposals as to how research should be done to find
the best way to make the phones safer.

In making his proposals to Diane, Andrew should attempt to avoid a confrontational tone. He
should not make his case in terms of "You have a problem", but in terms of "We have a
problem". He should not threaten to blow the whistle or disrupt the organization, but make every
effort to present himself as a team player who is interested in the welfare of the organization as
well as the welfare of the public.

2. If Andrew finds that the radiation appears to be a serious health risk and Diane refuses to
honor his request for paid time for further research, Andrew might ask permission to do some
research on his own time and at his own expense. Such a request would probably impress Diane
with his own sincerity and dedication. He could offer to make any results of his research known
to the company.

Of course Diane could interpret Andrew's motives in a negative way and come to believe that he
is an untrustworthy employee. She might forbid Andrew's using company property or equipment
for the research and even warn him that such activities, even on his own time, will be viewed
with suspicion. In this case, Andrew must decide whether to do the research, stop his protest,
move to another company, or blow the whistle. His decision will be based on many factors,
including the seriousness of the danger to the public, the likelihood of a change in regulations
that will solve the problem without his intervention, the danger to his own career, the likelihood
of other employees agreeing with him, and so forth.

If Andrew thinks the problem is very serious indeed, and finds no creative middle way is
possible, whistle blowing might in some circumstances be required. But it should always be a
last resort. In this unfortunate event, he should try to enlist the support of other professionals,
document his moves carefully, provide good reason for his action and try to be as non-
confrontational and professional as possible.

Oil spill
Peter has been working with the Bigness Oil Companys local affiliate for several years, and
he has established a strong, trusting relationship with Jesse, manager of the local facility.

The facility, on Peters recommendations, has followed all of the environmental regulations to
the letter, and it has a solid reputation with the state regulatory agency. The local facility receives
various petrochemical products via pipelines and tank trucks, and it blends them for resale to the
private sector.

Jesse has been so pleased with Peters work that he has recommended that Peter be retained as
the corporate consulting engineer. This would be a significant advancement for Peter and his

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consulting firm, cementing Peters steady and impressive rise in the firm. There is talk of a vice
presidency in a few years.

One day, over coffee, Jesse starts telling Peter a story about a mysterious loss in one of the raw
petrochemicals he receives by pipeline. Sometime during the 1950s, when operations were more
lax, a loss of one of the process chemicals was discovered when the books were audited. There
were apparently 10,000 gallons of the chemical missing. After running pressure tests on the
pipelines, the plant manager found that one of the pipes had corroded and had been leaking the
chemical into the ground. After stopping the leak, the company sank observation and sampling
wells and found that the product was sitting in a vertical plume, slowly diffusing into a deep
aquifer. Because there was no surface or groundwater pollution off the plant property, the plant
manager decided to do nothing. Jesse thought that somewhere under the plant there still sits this
plume, although the last tests from the sampling wells showed that the concentration of the
chemical in the groundwater within 400 feet of the surface was essentially zero. The wells were
capped, and the story never appeared in the press.

Peter is taken aback by this apparently innocent revelation. He recognizes that state law requires
him to report all spills, but what about spills that occurred years ago, where the effects of the
spill seem to have dissipated? He frowns and says to Jesse, "We have to report this spill to the
state, you know."

Jesse is incredulous. "But there is no spill. If the state made us look for it, we probably could not
find it; and even if we did, it makes no sense whatever to pump it out or contain it in any way."

"But the law says that we have to report...," replies Peter.

"Hey, look. I told you this in confidence. Your own engineering code of ethics requires client
confidentiality. And what would be the good of going to the state? There is nothing to be done.
The only thing that would happen is that the company would get into trouble and have to spend
useless dollars to correct a situation that cannot be corrected and does not need remediation."

"But...."

"Peter, let me be frank. If you go to the state with this, you will not be doing anyone any good--
not the company, not the environment, and certainly not your own career. I cannot have a
consulting engineer who does not value client loyalty."

What are the ethical issues in this case? What factual and conceptual questions need to be
addressed? How do you think Peter should deal with this situation?

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Lecture 9:
CHAPTER 4
THE APPLICATION OF ISLAM TO DAILY LIFE

The Muslims rightfully maintain that Islam is not simply an abstract ideal conceived just for
nominal adoration or a stagnant idol to be frequented by admirers every now and then. Islam
is a code of life, a living force manifest in every aspect of human Life.

The Muslims also maintain that the individual is the center of gravity and is the launching
instrument which can put Islam, or any other system for that matter, into full action on a
full scale. And this is why Islam always begins with the individual and invariably prefers
quality to quantity.

Let us begin, where Islam when begins, with the individual. Let us examine the nature of the
individual and find out how Islam views this nature. To clarify things as much as possible,
without getting entangled in philosophical disputes or abstract controversy, we can define
man as having two complementary natures, very intimately interrelated and continually
interacting upon each other. These are the inner nature and the outer nature. Or one might
say that man has one nature only with two bridged sections hardly separable from each
other. One is internal and another external. The internal nature of man refers to the Ruh
(soul or self or heart) and Aql (mind or power of reasoning or intelligence).

In our illustration of the internal nature of man we shall have to deal with two aspects:

(1) the spiritual or moral aspect and (2) the intellectual aspect. The rest of man s activities
and transactions will have to be classified as the external or outer nature of man. After all,
it is a universally admitted fact that man does not live by bread alone.

The Spiritual Life

Islam organizes the spiritual or moral life of man in such a way as to provide him with all the
spiritual nourishment needed for piety and righteousness, for safety and peace. The Islamic
prescription for the spiritual life of man grants, when faithfully applied, maximum positive
results as far as man s spiritual growth and maturity are concerned. The main items in this
Islamic prescription are:

1. Prayers (Salah);
2. Zakah or Alms giving;
3. Fasting (Sawm);
4. Pilgrimage (Hajj);
5. Love for God and His Messenger, love for truth and humanity for the sake of God;
6. Hope and trust in God at all times; and
7. Sacrifice for the sake of God by virtue of actual unselfishness

Various aspects of these items have already been discussed in some detail, and here we
have only to add that without these fundamental elements there can be no true Faith as
far as Islam is concerned. The reader is advised to refer to the previous sections of this

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work.

The Intellectual Life

The intellectual nature of man is made up, as already mentioned, of mind or intelligence or
reasoning power. To this aspect Islam pays extraordinary attention and builds the
intellectual structure of man on most sound foundations which may be classified as follows:

1. True knowledge based on clear proofs and indisputable evidence acquired by experience
or experiment or by both. In this connection it is safe to say, beyond doubt, that the Quran is
the first authority to enjoin zealous quest for knowledge through experience as well as
experiment, meditation and observation. In fact it is a Divine injunction incumbent upon
every Muslim, male and female, to seek knowledge in the broadest sense of the word and
search for truth. Nature and the whole universe are open and ever revealing treasures of
knowledge and truth, and the Quran was the first book to point to these rich sources of
knowledge. It does not accept inherited truths or claimed facts which have no proof or
evidence to substantiate them. As far as we have been able to know, the Quran was the first
Scripture to say intelligently: Why and to demand proof in support of any conviction or
contention (Quran, 2:111 and 21:24)

The Quran itself is an outstanding intellectual challenge; it challenges the human intellect to
dispute any Quranic truth or produce anything similar to the Quran. Open any chapter of
the Quran and you will find the warmest appeal to search for knowledge through the infinite
sources of nature. Devotion to true knowledge is regarded by Islam a devotion to God in the
most compensating sense

2. The second part of this point is faith in God, an ever-revealing source of knowledge and a
spiritual insight into countless fields of thought. In Islam Faith in God is the cornerstone of
the whole religious structure. But in order to make Faith in God valid, Islam requires that it
should be founded on unshakable certainty and convictions. These, in turn, cannot be
acquired without the proper investment of the intellect. Any stagnant or indifferent mind and
any limited vision cannot possibly reach the height of the Most Supreme Truth, God, nor can
it attain the real depth of Faith

Islam does not recognize faith when it is attained through blind imitation, when it is accepted
blindly or unquestioningly. This fact is very important as far as the intellectual life of man is
concerned. Islam requires Faith in God; and the Quran makes numerous statements calling
for Faith in God. But the significance of such statements is not in shelving them in the study
room or even in the mind. The significance of such statements is that they constitute a warm
invitation and an urgent appeal to the intellect to wake and think, to ponder and meditate. It
is true that the Quran reveals the essential truth and facts about God, yet it is equally true
that it does not want man to behave like a lazy heir who makes no effort of his own. It wants
man to enrich his intellectual wealth through serious endeavor and honest earning, so that he
may become intellectually secure. Easy come, easy go, and Islam disapproves of easy
coming faith which is bound to be easy going. Islam wants Faith in God to be effective and
permanent, to light every corner in man s heart and prevail in every aspect of his life. Easy
coming faith cannot possibly do that, and Islam would not accept anything less

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When Islam demands Faith in God on the basis of knowledge and research, it leaves wide
open all fields of thought before the intellect to penetrate as far as it can reach. It lays down
no restrictions against the free thinker who is seeking knowledge to widen his vision and
broaden his mind. It urges him to resort to all methods of knowledge, be they purely rational
or experimental. By calling on the intellect in this way, Islam shows its high regard for and
confidence in the intellectual abilities of man and wishes to free his mind from the tight
shackles and limits of tangibility. It wants to elevate the individual and empower him with
self-confidence and Heavenly authority to expand the domain of his mind into all fields of
thought: physical and metaphysical, scientific and philosophical, intuitive and experimental,
organic and otherwise. That is how Faith in God nourishes the intellect and makes the
intellectual life prosperous and productive. When the spiritual and intellectual activities of
man are organized according to the teachings of Islam as mentioned above, the internal
nature of man becomes sound and healthy. And when man is internally secure and sound,
his external life will be of the same nature.

THE EXTERNAL NATURE

The External nature of man is as complex, subtle and wide as his internal nature. We need
to re-emphasize the fact that the soundness of the former is greatly dependent upon that of
the latter and vice versa, because man s complete nature is made up of both aspects. For the
sake of clarification, once more, we have to classify the external nature of man into divisions
and subdivisions. But we should always bear in mind that any imbalance in the system of
human nature may become destructive and fatal. The fact of the matter is that both the
internal and external natures of man act and interact responsively, and that Islam has
extended its Divine touch to the internal as well as the external aspects of life

The Personal Life

Islam deals with the very personal life of man in such a way as to insure his purity and
cleanliness; as to give him a healthy diet and show him the proper manners of clothing,
behavior, adornment, sports and so on.

Purity and Cleanliness


It is an Islamic injunction that before offering the Prayer the Muslim must perform an
ablution, unless he has done one earlier and kept it valid. This obligatory ablution is
sometimes partial, sometimes complete, depending on his or her condition. Now, if we
remember that a Muslim has to offer at least five obligatory prayers every day in pure heart
and mind, in clean body and clothes, on pure ground and intention we can very well realize
the vital effect and beneficial results of this single act for man (cf. Quran, 4:43, 5:7).

Diet

To maintain a pure heart and a sound mind, to nourish an aspiring soul and a clean healthy
body, special attention should be given to the diet on which man lives. And this is exactly
what Islam does. Some superficial or self-deceived persons may imagine that food and
drinking stuff has no direct or important effect on the general condition of the person who
fills his stomach regularly. But this is certainly not the viewpoint of Islam which takes the
matter in a most serious way. The general principle of Islam in this respect is this: All the
things which are pure in themselves and good for man are lawful for diet as long as they are

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taken in moderate quantities. And all the things which are impure and bad or harmful are
unlawful under all ordinary circumstances. There is always room and flexibility for
exceptions to meet cases of absolute necessity (Quran, 7:157; see the section on Islamic
Morals above) Beyond this general principle, there are certain foods and drinks specified by
God as forbidden. Among these are: meat of dead animals and birds, the flesh of swine and
that of anything slaughtered with the invocation of any name other than that of God (2:173;
5:4). The drinks which Islam considers harmful and destructive to the human spirit and
morality as well as to the physique and morale of man are included in the Quranic verse
which forbids all intoxicants and all forms of gambling or games of chance (5:93-94)

The prohibition of these foods and drinks is not by any means an arbitrary action or a
dictatorial decree of God. It is first and foremost a Divine intervention in the best interest of
man and for his own sake. When the Quran describes these forbidden things as bad, impure
and harmful, it has a vigilant eye on man s morality and wisdom, on his health and wealth,
on his piety and common behavior all of which are invaluable assets in the estimation of
Islam. The reasons behind this Divine intervention are numerous. They are of a nature
intellectual and spiritual, moral and mental, physical and economical. And the sole purpose
is to show man how to develop himself according to an upright course of life in order to be a
healthy unit in the structure of the family, then of society, and eventually of humanity at
large. Reliable medical doctors and social scientists should be able now to verify the benefits
of these Islamic legislations

Islam is as orthodox and uncompromising on the quality of the organic nourishment of man
as it is on his spiritual soundness and intellectual growth. This point is brought to light by the
fact that some dietary items are forbidden in kind, as mentioned above, and some in degree.
The things which are lawful for the Muslim should be taken in moderate quantities without
indulgence or excess (Quran, 7:31). After shunning all the forbidden items in kind and
degree, the Muslim is invited by God to enjoy His gracious provisions and to experience
gratitude to the Merciful Provider (2:168, 172; 5:90-91). (This partial repetion is meant to re-
emphasize the point and may therefore be forgiven. In connection with the whole discussion,
see the Concept of Morality above and also Ebrahim Kazim, M.D. Medical Aspects of
Forbidden Foods in Islam, Al-Ittihad - The Muslim Students Association of the United States
and Canada - 1391/1971, vol. 8, no 1, pp. 4-6. This article concludes with an excellent
bibliography of medical and religious sources.)

Clothing and Adornment


In mans clothing and adornment Islam takes into serious consideration the principles of
decency, modesty, chastity and manliness. Anything in clothing or adornment incompatible
with the attainment, maintenance and development of these qualities is inhibited by Islam.
The clothing material and the dressing manners which may stimulate arrogance or false pride
and vanity are strictly prohibited. So are the adornments which may weaken the morality of
man or undermine his manliness. Man should remain loyal to his manly nature, which God
has chosen for him, and keep away from all the things that are likely to weaken or endanger
his character. This is the reason why Islam warns man not to use certain clothing materials,
e.g., pure silk, and certain precious stones, e.g., gold, for the purpose of adornment. These are
things which suit the feminine nature alone. The handsomeness of man is not in wearing
precious stones or flaunting in pure and natural silken clothes but in high morality, sweet
nature and sound conduct.

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When Islam allows woman to use the things which are forbidden for man and which are
suitable for the feminine nature alone, Islam does not let woman go loose or wander
unrestricted. It allows her the things which suit her nature and, at the same time, cautions
her against anything that might abuse or upset that nature. The manner in which women
should dress up, beautify, walk and even look is a very delicate question, and Islam pays
special attention to the matter. The vision of Islam in this respect is focused on the general
welfare of women. Islam has served advice to both man and woman to help women in
particular to retain and develop their dignity and chastity, safe from being the subject of idle
gossip or vicious rumors and suspicious thoughts. The advice is imparted in these Quranic
verses:

Say to the believing men that they should lower their gaze and guard their modesty; that will
make for greater purity for them. And God is well-acquainted with all that they do. And say
to the believing women that they should lower their gaze and guard their modesty; that they
should not display their beauty and ornaments except what (must ordinarily) appear
thereof; that they should draw their veils over their bosoms and not display their beauty
except before their husbands, their fathers . (and certain other members of the
household); and that they should not strike their feet in order to draw attention to their
hidden ornaments (24:30-31)

Islam is very sensitive to the manners of clothing and ornaments. It makes it crystal clear that
both man and woman should be confined to their respective natures to safeguard their natural
instincts and endow them with modesty and high morality. Prophet Muhammad is reported
as having said that God condemns those men who behave or act in a womanlike fashion, and
those women who behave or act in manlike fashion. Nevertheless, it should be borne in mind
that Islam lays no restrictions on the harmless or proper items of clothing and ornaments. In
fact, the Quran calls such things the beautiful gifts of God and reproaches those who look
upon them as forbidden (7:32-33)

Sports and Amusements

It is gratifying to notice that most of the Islamic forms of worship, e.g., Prayers, Fasting,
Pilgrimage, display some sportive characteristics, although they are basically and by nature
meant for spiritual purposes. But who would deny the constant interaction between the
physique and morale of man? Yet that is not all that Islam has to say on the subject of sports
and amusements. Anything that provokes sound thinking or refreshes the mind and
revitalizes the body to keep man in healthy shape is encouraged and invited to by Islam so
long as it does not anticipate or involve any sin, or cause any harm or delay and hamper the
fulfillment of other obligations. The general precept in this matter is the statement in which
the Prophet said that all believers in God have good qualities but the strong one is better than
the weak. It is also reported that he approved of the sports and amusements which build up
the enduring physique and strengthen the morale.

It is a regrettable mistake to associate with sports and amusements things which are not
really sportive or amusing. Some people consider gambling and drinking as sports and
amusements, but this is not the viewpoint of Islam. Life is worth living and is granted to us
for a definite purpose. No one is supposed to abuse it by letting it go loose or become
dependent entirely on luck and chance. So it is no intrusion on or violation of the personal
rights of man when Islam extends its Divine touch to organize life even in its very personal

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aspects. Because life is man s most valuable asset and is designed for noble purposes, Islam
has shown man the way to live it properly and enjoyably. Among the measures taken in this
respect is inhibition of gambling which is really more tension-accelerating than tension-
reducing. It is a grave abuse of life to make it subject to luck and mere chance. It is a deviation
from the normal course of life, if one entrusts his lot to the mad wheel of games, and invests
his abilities in the most unpredictable moves on a gambling table. To protect man from all
these unnecessary mental strains and shattering of nerves, and to enable him to lead a natural
life in means as well as in ends, Islam has forbidden gambling of all forms and kinds.

Similarly, it is a shameful retreat from reality and an irresponsible insult to the best quality
in man, i.e., mind, to get entangled in the tight strands of intoxication or cornered in the
vicious whirl of alcohol. The menaces and tragedies of intoxication are too obvious to be
elaborated. Many lives are being lost every day on this account. Many families break up
because of this menace. Many billions of dollars are swallowed in the drinking channel every
year. Countless doors are closed on misery and unhappiness arising from the drinking
habits. Besides the destruction of health, the depression of mind, the dullness of soul, the
absorption of wealth, the disintegration of families, the abuse of human dignity, the sabotage
of morality, the humiliating retreat from realty; everyone of the so-called social drinkers is a
highly potential alcoholic. Islam cannot tolerate these menaces or let man abuse the very
sense of life in this tragic way. That is the reason why Islam does not associate gambling and
drinking with good sports and refreshing amusements and, instead, has banned them once
and for all. To appreciate the viewpoint of Islam in this respect one has only to check any
news medium, read any medical report, visit any social service agency, or watch any court
proceedings. Of all the agonizing social problems, alcoholism is by far the most serious. More
than one-half million Americans become alcoholics every year. One in every ten to twelve
people who take their first drink in any given year is destined to become alcoholic. All these
painful tragedies and real losses speak much louder than any theological or trade arguments

The Social Life

The social life of the true Muslim is based upon supreme principles and designed to secure
happiness with prosperity for the individual as well as for the society. Class warfare, social
castes and domination of the individual over society or vice versa are alien to the social life
of Islam. Nowhere in the Quran or the Traditions of Prophet Muhammad can one find any
mention of superiority on account of class or origin or wealth. On the contrary, there are
many verses of the Quran and sayings of Muhammad to remind mankind of the vital facts
of life, facts which serve at the same time as principles of the social structure of the Islamic
life. Among these is the fact that humanity represents one family springing from one and the
same father and mother, and aspiring to the same ultimate goals.

The unity of mankind is conceived in the light of the common parentage of Adam and Eve.
Every human being is a member of the universal family established by the First Father and
First Mother, and is entitled therefore to enjoy the common benefits as he is enjoined to share
the common responsibilities. When people realize that they all belong to Adam and Eve and
that these were the creation of God, there will be no room for racial prejudice or social
injustice or second class citizenship. People will be united in their social behavior as they are
united in nature by the bond of common parentage. In Quran and the Traditions of
Muhammad there is a constant reminder of this important fact, the unity of humanity by

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nature and origin. This is to eliminate racial pride and claims to national or ethnic superiority,
and pave the way for genuine brotherhood (Quran, 4:1; 7:189; 49:10-13)

The unity of humanity is not only in its origin but also in its ultimate aims. According to Islam,
the final goal of humanity is God. From Him we come, for Him we live and to Him we shall
all return. In fact, the sole purpose of creation as described by Quran is to worship God and
serve His cause, the cause of truth and justice, of love and mercy, of brotherhood and morality
(Quran, 51:56-58)

On this unity of origin and ultimate goal as the background of the social life in Islam, the
relations between the individual and society are based. The role of the individual is
complementary to that of society. Between the two there are social solidarity and mutual
responsibility. The individual is responsible for the common welfare and prosperity of his
society. This responsibility is not only to the society but also to God. In this way the individual
works with a sound social-mindedness and genuine feeling of inescapable responsibility. It
is his role to do the utmost for his society and contribute to its common welfare. On the other
hand, the society is also responsible to God for the welfare of the individual. When the
individual is able he is the contributor and society is the beneficiary. In return he is entitled
to security and care, should he become disabled. In this case he is the beneficiary and society
is the contributor. So duties and rights correspond harmoniously. Responsibility and concern
are mutual. There is no state to dominate the individual and abrogate his personal entity.
Likewise, there is no individual or class of individuals to exploit the society and corrupt the
state. There is harmony with peace and mutual security. There is a constructive interaction
between the individual and society.

Besides the unity of humanity in origin and ultimate goal, and besides this mutual
responsibility and concern, the social life of Islam is characterized by cooperation in goodness
and piety. It is marked with full recognition of the individual and his sacred rights to life,
property and honor. It is also marked with an effective role played by the individual in the
domain of social morals and ethics. In an Islamic society the individual cannot be indifferent.
He is enjoined to play an active part in the establishment of sound social morals by way of
inviting to the good and combating the evil in any form with all lawful means at his disposal.
In so doing, not only does he shun evil and do good but also helps others to do the same. The
individual who feels indifferent to his society is a selfish sinner; his morals are in trouble, his
conscience is in disorder, and his faith is undernourished.

The structure of social life in Islam is very lofty, sound and comprehensive. Among the
substantial elements of this structure are sincere love for one s fellow human beings, mercy
for the young, respect for the elders, comfort and consolation for the distressed, visiting the
sick, relieving the grieved, genuine feelings of brotherhood and social solidarity; respect for
the rights of other people to life, property, and honor; mutual responsibility between the
individual and society it is a common thing to come across Prophetic statements like these:

Whoever relieves a human being from a grief of this world, God will relieve him from a grief
on the Day of Judgment

Anyone who has no mercy on the juniors and respect for the seniors is not one of us
Muslims

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None of you is a true believer in Islam until and unless he loves for his fellow man what he
loves for his own self

Whoever invites others to good is like the doer of good and will be rewarded accordingly,
and whoever instigates evil is like the doer of evil and will be punished accordingly.

In the Quran, on the other hand, one finds numerous Divine instructions like these: O you
who believe! Mind God as He should be minded, and die not except in a state of Islam. And
hold fast, all together, by the Rope of God, and be not divided among yourselves. And
remember with gratitude God s favor on you; for you were enemies and He joined your
hearts in Love, so that by His Grace you have become brethren; and you were on the brink of
the Pit of Fire and He saved you from it. Thus does God make His Signs clear to you that you
may be guided. Let there arise out of you a band of people inviting to all that is good,
enjoining what is right, and forbidding what is wrong. They are the ones to attain felicity
(3:102-104)

O you who believe! Fulfill all obligations . . . and help you one another in righteousness
and piety, but help you not one another in sin and rancor. Mind God; for God is strict in
punishment (5:1-3)

In addition to what has already been said, the social patterns of Islam could be seen, once
more, in the last sermon of Prophet Muhammad during the course of pilgrimage. Addressing
the tens of thousands of pilgrims, he said among other things:

O people! Listen to my words, for I know not whether another year will be vouchsafe to me
after this to find myself amongst you at this place

Your lives and properties are sacred and inviolable amongst one another until you appear
before the Lord, as this day of this month is sacred for all. And remember that you shall have
to appear before your Lord Who shall demand from you an account of all your actions.

O people! You have rights over your wives and your wives have rights over you. Treat your
wives with love and kindness. Verily you have taken them as the trust of God, and have make
their persons lawful unto you by the words of God. Keep always faithful to the trust reposed
in you, and avoid sins.

Henceforth, the vengeance of blood practiced in the days of ignorance and paganism is
prohibited and all blood feud abolished.

And your slaves! See that you feed them with such food as you eat yourselves, and clothe
them with the stuff you wear; and if they commit a fault which you are not inclined to forgive,
then part from them, for they are the servants of the Lord, and are not to be harshly treated.

O people! Listen to my words and understand the same. Know that all Muslims are
brothers unto one another. You are One Brotherhood. Nothing which belongs to another
is lawful unto his brother unless freely given out of good will. Guard yourselves from
committing injustice.

Like this day of this month in this territory sacred and inviolable, God has made the life

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and property and honor of each of you unto the other, until you meet your lord Let him that
is present tell it to him that is absent. Haply he that shall be told may remember better than
he who has heard it

Verily, I have fulfilled my mission. I have left that amongst you, a plain command, the book
of God, and manifest Ordinances which if you hold fast, you shall never go astray

The Economic Life

The economic life of Islam is also based upon solid foundations and Divine instructions.
Earning ones living through decent labor is not only a duty but a great virtue as well.
Dependence of any able effortless person on somebody else for a livelihood is a religious
sin, a social stigma and disgraceful humility.

A Muslim is enjoined by God to be self-supporting and to stay away from being a liability on
anybody. Islam respects all kinds of work for earning one s livelihood so long as there is no
indecency or wrong involved. With a clear conscience and due respect from society the
Muslim can roll up his sleeves and undertake any kind of work available to provide for himself
and his dependents. Prophet Muhammad is reported as having said that it is far better for
one even to take his rope, cut wood, pile it up and sell it in order to eat and give charity than
to beg others whether they give him or not. According to Islam, the status of honest working
men cannot be lowered on account of the kind of work they are doing for a living. Yet the
laboring workers have no limited scope for improving their lots and raising their standards
as high as possible. They have equal opportunities at their disposal and enjoy freedom of
enterprise.

Whatever the individual makes or earns through lawful means is his private possession,
which neither the State nor anybody else can justifiably claim. In return for this right of
private possession he has only to fulfill certain obligations to the society and pay certain taxes
to the State. When this is done, he has full rights to protection by the State, and his freedom
of enterprise is secure and guaranteed. Under the Islamic system the menace of greedy
capitalism and destructive communism never arises. The enterprising individual is
responsible for the prosperity of the State, and the State in turn is responsible for the security
of the individual. Class conflicts are replaced by cooperation and harmony; fear and suspicion
are remedied by mutual security and confidence.

The economic system of Islam is not drawn in the light of arithmetical calculations and
capacities of production alone. Rather, it is drawn and conceived in the light of a
comprehensive system of morals and principles. The person who is working for another
person or for a firm or an institution is ordained by God to do his work with efficiency and
honesty. The Prophet said that if any of you undertakes to do any work, God loves to see him
do it well and with efficiency. Once the work is done, the worker is entitled to a fair wage for
his services. Failure by the employer to pay the just wage, or attempts to cut it down and waver
on it is a punishable act, according to the Law of God.

Business transactions enjoy a great deal of attention from Islam. Honest trade is permitted
and blessed by God. This may be carried out through individuals, companies, agencies and
the like. But all business deals should be concluded with frankness and honesty. Cheating,
hiding defects of merchandise from the dealers, exploiting the needs of customers, monopoly

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of stocks to force one s own prices are all sinful acts and punishable by the Islamic Law. If
one is to make a decent living, it has to be made through honest ways and hard endeavor.
Otherwise, easy come, easy go, and it is not only that, but anybody that is bred with unlawful
provisions will be, according to the Prophet, a burning fuel to the Hell Fire on the Day of
Judgment. To combat cheating and exploitation, Islam demands honesty in business, warns
the cheaters, encourages decent work and forbids usury or the talking of interest just in
return for lending money to the needy. This is to show man that he rightfully owns only what
he works for, and that exploitation of other people s pressing needs is irreligious, inhuman
and immoral. In the Quran God says:

Those who devour usury will not stand except as stands one whom the Evil One by his touch
has driven to madness. That is because they say: trade is like usury. But God has permitted
trade and forbidden usury. Those who, after receiving direction from their Lord, desist, shall
be pardoned for the past; their case is for God (to judge). But those who repeat (the offence)
are Companions of the Fire; they will abide therein (for ever). God will deprive usury of all
blessing, but will give increase for deeds of charity; for He loves not creatures ungrateful
and wicked (2:274-276)

And the Firmament has He raised high, and He has set up the Balance (of Justice) in order
that you may not transgress (due) balance. So establish weight with justice and fall not short
in the balance (55:7-9). This is to guide man resort to justice and straightforwardness in all
his dealings and transactions. The future of cheaters is grim and their doom is awful. Here is
how the Quran looks into the matter:

Woe to those who 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. Do they not think that they will be called to account on a Mighty Day, a Day
when (all) mankind will stand before the Lord of the Worlds (83:1-6)

Besides that, there are numerous Traditions of Prophet Muhammad excluding the cheaters,
exploiters, monopolizers and dishonest business people from the band of the true Muslims.
Any business deal that involves injustice or cheating or exploitation is strictly inhibited and
cancellable by the Law even after it is concluded. The main purpose of the Islamic legislation
on economics and commerce is to secure the rights of the individual and maintain the
solidarity of society, to introduce high morality to the world of business and enforce the Law
of God in that sphere of enterprise. It is logical and consistent that Islam should be concerned
with such aspects as these. because it is not merely a spiritual formula but a complete system
of life in all its walks.

Proprietors are constantly reminded of the fact that they are in reality mere agents appointed
by God to administer their holdings. There is nothing in Islam to stop the Muslim from
attaining wealth and endeavoring for material improvements through lawful means and
decent channels. Yet the fact remains that man comes to this world empty-handed and
departs from it likewise. The actual and real owner of things is God alone of Whom any
proprietor is simply an appointed agent, a mere trustee. This is not only a fact of life but also
has a significant bearing on human behavior. It makes the proprietor always ready to spend
in the way of God and to contribute to worthy causes. It makes him responsive to the needs
of his society and gives him an important role to play, a sacred mission to fulfill. It saves him
from the pit of selfishness, greed and injustice. This is the true conception of property in

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Islam, and that is the actual status of proprietors. The Quran considers possession of wealth
a trying test, and not a token of virtuous excellence or privileged nobility or a means of
exploitation. God says: It is He Who has made you (His) agents, inheritors of the earth: He
has raised you in ranks, some above others; that He may try you in the gifts He has given you.
Verily, your Lord is quick in punishment, yet He is indeed Often Forgiving, Most Merciful
(6:165)

Moreover, the Quran reports to mankind an interesting discourse between Moses and his
people. It runs as follows:

Said Moses to his people, pray for help from God, and wait in patience and constancy; for
the earth is Gods. He gives it as a heritage to such of His servants as He pleases; and the
end is best for the righteous.

They said, We have had nothing but trouble, both before and after you come to us. He said:
It may be that your Lord will destroy your enemies and make you inheritors in the earth;
that so He may try you by your deeds (7:128-129)

This discourse between Moses and his people does not imply in any sense a recognition of
any privileged genus of mankind on account of racial origin or ethnic identity. Nor does it
mean that the Quran approves completely of the conduct and conceptions of the followers
of Moses in later centuries. The tone of the text is rather reproachful and critical of the
doubters; and reassuring of the fact that everything in the earth belongs to God, Who
distributes it among His servants in the form of inherited trusts and objects of trial. The
point is brought home time and again throughout the Quran. For example, it says:

To Him belongs the dominion of the heavens and the earth, and all affairs are referred back
to God . . . Believe in God and His Messenger, and spend (in charity) out of the (substance)
whereof He has made you heirs. For, those of you who believe and spend (in charity) for
them there is a great reward. And what cause have you why you should not spend in the
cause of God? For to God belongs the heritage of the heavens and the earth (57:5, 7, 10)

Unlike Communism, Islam replaces the totalitarian artificial supremacy of the Communist
State by the beneficial supremacy of God; and the Communist theory of class warfare by
sound morals, mutual responsibilities and cooperation. On the other hand, it gives utmost
assurances against greedy capitalism and ruthless exploitation by proprietors. The
economic system of Islam grants full recognition of the

Independent entity of the individual and his natural aspirations to work and possessions.
Yet it does not conceive of him as absolutely independent of God or the universe. It does not
deify man or his capital, nor does it deify the proletariat and abolish free enterprise. It accepts
man the way he is created and deals with him accordingly, making allowances for his
instinctive aspirations and limited power. Man is a man, and he should be accepted and dealt
with as such. He is not a god or a semi god to arrogate to himself absolute powers and
unquestionable infallibility. Nor is he countless or insignificant entity. He is someone to be
recognized but in his real status and nonexaggerated or belittled nature. He is not above or
out of the rest of the universe but a part of a whole system, an element in the total foundation
of the universe.

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Although man is encouraged to work, is free to enterprise, is entitled to earn and possess,
the fact that he is a mere trustee provides the necessary measure to insure proper handling
of his possessions, his trusts. He has authority to earn, to invest and to spend. Yet in so
doing he is guided by high principles to save him from going astray. An example may be
sufficient to illustrate the point. Proprietors are not unreservedly free to spend their money
or handle their properties the way they please. There are certain rules of expenditure to be
followed. In the words of Quran, God enjoins upon the proprietor to fulfill his financial
obligations towards his fellow men, and to be moderate in his private spending. He is always
reminded of the fact that God is the Real Provider and Actual Possessor. Here is the
declaration of the Quran:

And render to the kindred their due rights, as (also) to those in want, and to the wayfarer.
But squander not (your wealth) in the manner of a spendthrift. Verily, spendthrifts are
brothers of the Evil Ones, and the Evil One is to his Lord (Himself) ungrateful.

Make not your hand tied to your neck, nor stretch it forth to its utmost reach; lest you
become rebuked and destitute. Verily your Lord does provide sustenance in abundance for
whom He pleases, and He provides in a just measure. For He does know and regard all His
servants (17:26-27, 29-30).

The International Life

The international life in Islam is the course of relationships between an Islamic state or nation
and other states or nations. Like the other aspects of the Islamic life, this one stems from
Divine guidance and follows the Godly pattern. It is laid down on the following foundations:

1. An unshakable belief in the unity of mankind in origin, in human status,


and in aims (Quran, 4:1; 7:189; 49:13);

2. Due respect for other peoples interests and rights to life, honor and property,
as long as they do not encroach upon the rights of Muslims. This is because
usurpation, transgression and wrong of all kinds are strictly forbidden (2:190-193;
42:42);

3. Peace as the normal course of relations, with exchange of goodwill missions


and mutually honest endeavors for the sake of humanity in which all people share
equally (see above and Quran, 8:61);

4. Intolerance of appeasement and encroachment in international relations.


Should someone be tempted to violate the rights of the Islamic State, or disturb its
peace, or endanger its security or exploit its peaceful policies, the State must hasten to
defend itself and suppress all attempts of such a nature. Only here, under such
circumstances, Islam justifies war. But even then there are moral principles to be
followed to confine its scope to a minimum and carry its course only as far as it is
necessary. The Law of war and peace in Islam is highly moral and unique,
comprehensive and sound, it deserves a special study by jurists and moralists alike,

136
something which this work cannot cover. But it should be remarked, however, that
Islam neither justifies an aggressive war, nor does it make destruction of crops,
animals, homes, etc., an objective of war. It neither allows the killing of non-fighting
women, children and aged people, nor does it tolerate the torture of war prisoners and
the imposition of its teachings on the defeated. It is only a defensive measure, justified
by the practical principles of Islam, as long as wrong, injustice and aggression exist in
the world (2:190 - 195, 216:218; 22:39 - 41; see also the discussion on Jihad below);

5. Fulfilling the obligations undertaken by the Islamic State and honoring the
treaties concluded between the Islamic State and other states. This is only binding if
the other parties remain faithful to their obligations and honor their treaties.
Otherwise, there can be no validity of treaties or binding obligations (5:1; 8:55-56;
9:3-4);

6. Maintenance of internal peace and security, and genuine contribution to


human understanding and universal to human understanding and universal
brotherhood on the international level.

These are the inspiring sources in the making of the international life of an Islamic state. The
Islamic State does not live just for itself and its own subjects. It has a wide scope and an
important mission in the international field. By the order of Islam it has to endeavor for the
prosperity and advancement of its own citizens in every aspect of life, and by the same order
it should make valuable contributions to humanity at large. This provides for friendly
relations, in the broadest sense of the word, with friendly people and states. It enjoins the
Islamic State to play a vital role in the interest of humanity on the international level in
education, economics, industry, politics, and so on. This role was initiated by Muhammad
himself and maintained by his followers throughout the succeeding generations.

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Lecture 10 The Social System
Family : Marriage

Marriage: Definition
Marriage: The essential requirements of the contract
Marriage: The requirements of Marriage
Marriage: The characteristics of a successful partner
Marriage: Rights and duties of the wife
Marriage: Rights and duties of the husband
Fiqh of Family Life
- Steps to Be Taken in Marriage
- Formal Procedures of Marriage
- Family Obligations
Kinds of Divorce
- With Respect to the Wording Used
- With Respect to the Conditionality
- With Respect to if It is Done According to the Sunnah or in an Innovational
Manner
- With Respect to Being Revocable or Irrevocable
- Khula
The Waiting Period
Custody

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Marriage: Definition: In Surat al-Room, verse 21, Allah SWTsays:

And among His Signs is this, that He created for you mates from among yourselves, that ye
may dwell in tranquility with them, and He has put love and mercy between your (hearts):
verily in that are Signs for those who reflect.

Marriage is a legal (Shari) contract between two partners (male and female) that give them the
legal and lawful permissibility to share life together and enjoy each other according to terms of
shariah.

This marriage contract is a strong covenant (mithaqun Ghalithun) between the wife and the
husband as Allah the Exalted- described it in the Quran 4:21.

And if ye wish to exchange one wife for another and ye have given unto one of them a sum of
money (however great), take nothing from it. Would ye take it by the way of calumny and open
wrong? (20) How can ye take it (back) after one of you hath gone in unto the other, and they have
taken a strong pledge from you? (21) And marry not those women whom your fathers married,
except what hath already happened (of that nature) in the past. Lo! it was ever lewdness and
abomination, and an evil way.(Quran, 4:20-21)




-20:)(( ) (
)21

This contract has no specification of time limit; rather it is a permanent bond of intimacy and
commitment that last for the rest of their life and ends only by these two ways: Divorce or the
death of one of the spouses.

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This contract also called Nikah: Nikah means marriage contract (it doesnt mean sexual
intercourse), evidence from the Quran:





)(
O ye who believe! If ye wed believing women and divorce them before ye have touched them,
then there is no period that ye should reckon. But content them and release them handsomely.
(Quran, 33:49)

The verse mentions the word Nikah as a marriage contract even before the actual consummation
of marriage is taking place, as the verse saying: before touching them (= before having sexual
intercourse)

The Prophet (pbuh) also strongly urged Muslims to marry if they can afford it: a young people,
men and women; whosoever can bear the burden of marriage let him or her get married.
Marriage is indeed contentment of the eye and a protection to one's modesty.

Again he said:

Marriage is my recommended custom. Whoever loves me let him emulate my recommended


custom (sunnah).
Following the Prophet's tradition, Muslim jurists, therefore hold marriage to be a strongly
recommended act provided that one has sufficient means to support himself and the family. or
those men with no means whatsoever, Islam suggests fasting which can curb the intensity of human
desire, and exercising patience until they obtain the means or find sponsors.

Some marriage requirements; for both the wife and the husband:
1. Should be mentally competent (al-Rushd)
2. Reaching the age of puberty (al-Bulugh)
3. Financial ability (Enfaq) (in Islam this is an obligation only for men, and is a choice for
women if she is rich or has a good income and is willing to spend and share in family
expenses.)
4. Absence of any obstructive conditions: these are of two kinds:

Medical (no transmitting or genetic diseases, ability to perform sexual intercourse and pleases the
spouse) and
Legal (none of them is forbidden to the other according to shariah).

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How to choose a partner?

1. Through the family


2. Al Khattabah (personal match maker)
3. Personal choice (friends at school, work, etc)
4. Magazines and newspapers
5. Computer (chat rooms and messengers, company match makers)

People should make good effort to choose the right spouse, the Prophet (pbuh) said: marry good
women to good men

Characteristics of a good Husband:


1. Religion (and Moral Values), (al-Deen); the Prophet said: If a man, whom you are pleased
with his religion and his moral values propose, then accepts his proposal. A man who
fears Allah will treat his wife properly; if he loves her then he will be passionate about her,
and if he does not like her then he will not oppress her (because he fears Allah).

2. Equivalence (al Kafaah), both parties are equal in a sense that no one of them will feel
inferior or in a lower status to the other. Equivalence has different forms: Lineage, material,
knowledge, physical appearance. The wife of thabit ibn Qais came to the Prophet (pbuh)
asking him to divorce her from him, she said that she looked and saw thabit coming with
some people and he was darkest skin color among them, shortest among them, and the
ugliest face. The Prophet divorced her after she agreed on returning his dowry.

3. Responsible (al Masoliyyah).

Characteristics of a good Wife:


1. Religion
2. Equivalence
3. Beauty
4. Wealth
5. Lineage

The integrals ( Essential) requirements for Contract of Marriage: (Arkan al-Aqd)

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There are five Arkan or essential requirements:

Sighah or linguistic formula, wife, husband, guardian, and two witnesses.

1. Proposal and acceptance (Ijab wa Qabool) can be also called Mutual Agreement.

It should be in a clear words of marriage, such as: (zawajtuka or ankahtuka)


The linguistic form should be in a way that is ready at the present time of marriage
(Munajjazah); so it should not be contingent upon the future or any other condition such as
getting a degree or other similar contingencies.
It should be absolute in terms of time, i.e., there is no time limit for marriage.
The answer should be close in time to the offer.
It should not be a written statement but an uttered statement.

2. Wife: The wife has to be specified in name. No medical or legal obstructions, not during
pilgrimage or Umrah.

3. Husband: The same requirements of the wife are applicable for the husband.

4. Two qualified witnesses (Shahedain)


5. Guardian agreement (Muwafaqat al Waliy) or the Legal guardian (wakeel) who represents the
bride. The prophet (pbuh) said: a woman can not be a guardian for another woman, and can not
be a guardian for herself. The marriage contract is invalid without a guardian
The priority of the Guardians: the father, the grandfather (from the father side), the brother, brother
from the father, the nephew, the uncle.

Goals of Marriage:
1. Love and intimacy (al Room: 21)


)(
And of His signs is this: He created for you helpmeets from yourselves that ye might find rest in
them, and He ordained between you love and mercy. Lo! herein indeed are portents for folk who
reflect. (Quran, 30:21)
2. Establishing family
3. Sensual and sexual fulfillment
4. Procreation
The Prophet (pbuh) said "when a man marries, he has fulfilled half of his religion , so let him
fear Allah regarding the remaining half." This hadith is narrated by Anas.

Lecture 11:
The Family Life

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There have been many definitions and descriptions of the family. For our purpose, we shall
adopt the following simplified definition. The family is a human social group whose
members are bound together by the bond of the blood ties and / or marital relationship.

The family bond entails mutual expectations of rights and obligations that are prescribed by
religion, enforced by law, and observed by the group members. Accordingly, the family
members share certain mutual commitments. These pertain to identity and provision,
inheritance and counsel, affection for the young and security for the aged, and maximization
of effort to ensure the family continuity in peace.

As can be clearly seen from this, the foundations of the family in Islam are blood ties and /
or marital commitments. Adoption, mutual alliance, clientage, private consent to sexual
intimacy, and common law or trial marriages do not institute a family in the Islamic
sense. Islam builds the family on solid grounds that are capable of providing reasonable
continuity, true security, and mature intimacy. The foundations of the family have to be so
firm and natural as to nurture sincere reciprocity and moral gratification. Islam recognizes
that there is no more natural relationship than that of blood, and no more wholesome pattern
of sexual intimacy than one in which morality and gratification are joined.

Islam recognizes the religious virtue, the social necessity, and the moral advantages of
marriage. The normal course of behavior for the Muslim individual is to be family oriented
and to seek a family of his own. Marriage and the family are central in the Islamic system.
There are many passages in the Quran and statements by the Prophet which go as far as to
say that when a Muslim marries, he has thereby perfected half his religion; so let him be God-
minded and careful with the other half.

Muslim scholars have interpreted the Quran to mean that marriage is a religious duty, a
moral safeguard, and social commitment. As a religious duty, it must be fulfilled; but like all
other duties in Islam, it is enjoined only upon those who are capable of meeting the
responsibilities involved. (This discussion is merely an outline of the author s extensive study
of the Family Structure in Islam which is published by American Trust Publications.)
The Meaning of Marriage

Whatever meanings people assign to marriage, Islam views it as a strong bond (mithaqun
ghaleez), a challenging commitment in the fullest sense of the word. It is a commitment to
life itself, to society, and to the dignified, meaningful survival of the human race. It is a
commitment that married partners make to one another as well as to God. It is the kind of
commitment in which they find mutual fulfillment and selfrealization, love and peace,
compassion and serenity, comfort and hope. All this is because marriage in Islam is regarded
first and foremost as a righteous act, an act of responsible devotion. Sexual control may be a
moral triumph, reproduction a social necessity or service, and sound health a gratifying state
of mind. Yet, these values and purposes of marriage would take on a special meaning and be
reinforced if they are intertwined with the idea of God, conceived also as religious
commitments, and internalized as divine blessings. And this seems to be the focal point of
marriage in Islam. To paraphrase some Quranic verses, the call is addressed to mankind to
be dutiful to God, Who created them from a single soul, and from it or of it created its mate,
and from the two of them scattered abroad many men and women (4:1). It was God Who
created mankind out of one living soul, and created of that soul a spouse so that he might
find comfort and rest in her (7:107). And it is a sign of God that He has created for men, of

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themselves, mates to seek in their company peace and tranquillity, and has set between them
mutual love and mercy. Surely, in that are signs for those who contemplate (30:21). Even at
the most trying times of married life, and in the midst of legal disputes and litigation, the
Quran reminds the parties of God s law; it commands them to be kind to one another, truly
charitable toward one another, and above all dutiful to God.

It is noteworthy that the Islamic provisions of marriage apply to men and women equally. For
example, if celibacy is not recommended for men, it is equally so for women. This is in
recognition of the fact that women s needs are equally legitimate and are seriously taken into
consideration. In fact, Islam regards marriage to be the normal, natural course for women
just as it is for men. It may even be more so for women because it assures them, among other
things, of relative economic security. This significant additional advantage for women does
not, however, characterize marriage as a purely economic transaction. In fact, the least focal
aspect of marriage in Islam is the economic factor, no matter how powerful this may be. The
Prophet is reported to have said that a woman is ordinarily sought as wife for her wealth, for
her beauty, for the nobility of her stock, or for her religious qualities; but blessed and
fortunate is he who chooses his mate for piety in preference to everything else. The Quran
commands marriage to the spouseless and the pious even though they may be poor and slaves
(24:32). On the other hand, whatever dowry (marriage gifts) a man gives his prospective wife
belongs to her; and whatever she may have acquired prior to or after marriage is hers alone.
There is no necessary community of property of husbands and wives. Furthermore, it is the
husband who is responsible for the maintenance and economic security of the family. He must
even provide the wife with the kind of help and service to which she was used before marriage,
and, according to some scholars, she is under no legal obligation to do the routine housework,
although she may do so, and usually does, for some reason or other, e.g. cooperation,
economy, etc.

The Permanence of Marriage

Because Islam considers marriage a very serious commitment, it has prescribed certain
measures to make the marital bond as permanent as humanly possible. The parties must
strive to meet the conditions of proper age, general compatibility, reasonable dowry, good
will, free consent, unselfish guardianship, honorable intentions, and judicious discretion.
When the parties enter into a marital contract, the intention must be clear to make the
bond permanent, free from the casual and temporary designations. For this reason, trial
marriages, term marriages, and all marriages that appear experimental, casual, or
temporary are forbidden in Islam. (We are aware of the complex and intricate arguments
used by some Sheea Muslims as regards the so called mut ah marriage. We appreciate
the scholarly dimension of the problem but see no purpose in pursuing it here. Interested
readers are referred to the detailed discussion of the whole matter in our book The Family
Structure in Islam.). In one of his most unequivocal statements, the Prophet declared that
condemned are the men and women who relish the frequent change of marital partners,
that is, the tasters who enjoy one partner for a while, then shift to another, then to a
third, and so on.

However, to insist on the permanent character of marriage does not mean that the marital
contract is absolutely indissoluble. Muslims are designated by the Quran as a Middle Nation
(ummatan wasatan) and Islam is truly a religion of the Golden Mean , the well balanced
and well integrated system. This is particularly clear in the case of marriage which Islam

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regards as neither a sacrament nor a simple civil contract. Rather, marriage in Islam is
something unique with very special features of both sacramental and contractual nature. It
is equally true that the alternative to this casual or temporary extremity is not the other
extreme of absolute indissolubility of the marital contract. The Islamic course is one of
equitable and realistic moderation. The marriage contract should be taken as a serious,
permanent bond. But if it does not work well for any valid reason, it may be terminated in
kindness and honor, with equity and peace.

Dowry (Mahr) as a Requirement for Marriage (Shuroot al zawaj)

The marriage-gift (Mahr) is a divine injunction. The giving of mahr to the bride by the groom is
an essential part of the contract.

'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)

Mahr (marriage-gift) is given by the groom to the bride either immediately (muajjal) or deferred
(muakhkhar), or a combination of both

Mahr is a token commitment of the husband's responsibility and may be paid in cash, property or
movable objects to the bride herself. The amount of mahr is not legally specified, however,
moderation according to the existing social norm is recommended. The mahr may be paid
immediately to the bride at the time of marriage, or deferred to a later date, or a combination of
both. The deferred mahr however, falls due in case of death or divorce.

One matrimonial party expresses 'ijab" willing consent to enter into marriage and the other party
expresses 'qubul" acceptance of the responsibility in the assembly of marriage ceremony. The
contract is written and signed by the bride and the groom and their two respective witnesses. This
written marriage contract ("Aqd-Nikah) is then announced publicly.

Sermon
The assembly of nikah is addressed with a marriage sermon (khutba-tun-nikah) by the Muslim
performing the official duties of marriage. In marriage societies, customarily, a state appointed
Muslim judge (Qadi) officiates the nikah ceremony and keeps the record of the marriage contract.
However any trust worthy practicing Muslim can conduct the nikah ceremony, as Islam does not
advocate priesthood. The documents of marriage contract/certificate are filed with the mosque
(masjid) and local government for record.

Prophet Muhammad (S) made it his tradition (sunnah) to have marriage sermon delivered in the
assembly to solemnize the marriage. The sermon invites the bride and the groom, as well as the

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participating guests in the assembly to a life of piety, mutual love, kindness, and social
responsibility.

The Khutbah-tun-Nikah begins with the praise of Allah. His help and guidance is sought. The
Muslim confession of faith that 'There is none worthy of worship except Allah and Muhammad is
His servant and messenger" is declared. The three Quranic verses (Quran 4:1, 3:102, 33:70-71)
and one Prophetic saying (hadith) form the main text of the marriage. This hadith is:

'By Allah! Among all of you I am the most God-fearing, and among you all, I am the supermost
to save myself from the wrath of Allah, yet my state is that I observe prayer and sleep too. I observe
fast and suspend observing them; I marry woman also. And he who turns away from my Sunnah
has no relation with me". (Bukhari)

The Muslim officiating the marriage ceremony concludes the ceremony with prayer (Dua) for
bride, groom, their respective families, the local Muslim community, and the Muslim community
at large (Ummah)

Marriage (nikah) is considered as an act of worship (ibadah). It is virtuous to conduct it in a


Mosque keeping the ceremony simple. The marriage ceremony is a social as well as a religious
activity. Islam advocates simplicity in ceremonies and celebrations.

Prophet Muhammad (S) considered simple weddings the best weddings:

'The best wedding is that upon which the least trouble and expense is bestowed". (Mishkat)

The Marriage Banquet (Walima)

After the consummation of the marriage, the groom holds a banquet called a walima. The relatives,
neighbors, and friends are invited in order to make them aware of the marriage. Both rich and poor
of the family and community are invited to the marriage feasts.

Prophet Muhammad (S) said:

'The worst of the feasts are those marriage feasts to which the rich are invited and the poor are left
out". (Mishkat)

It is recommended that Muslims attend marriage ceremonies and marriage feasts upon invitation.

Prophet Muhammad (S) said:

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"...and he who refuses to accept an invitation to a marriage feast, verily disobeys Allah and His
Prophet". (Ahmad & Abu Dawood)

The Husband Wife Relationship

With piety as the basis of mate selection, and with the earnest satisfaction of the conditions
of marriage, the parties should be well on the way to happy and fulfilling married life.
However, Islam goes much further than this in setting the course of behavior for husbands
and wives. Many are the statements of the Quran and the Sunnah that prescribe kindness
and equity, compassion and love, sympathy and consideration, patience and good will. The
Prophet goes as far as to declare that the best Muslim is the one who is best to his family,
and the greatest, most blessed joy in life is a good, righteous wife.

The consummation of marriage creates new roles for the parties concerned. Each role is a set
of equitable, proportionate rights and obligations. The role of the husband revolves around
the moral principle that it is his solemn duty of God to treat his wife with kindness, honor,
and patience; to keep her honorably or free her from the marital bond honorably; and to cause
her no harm or grief (Quran, 2:229-232; 4:19). The role of the wife is summarized in the verse
that women have rights even as they have duties, according to what is equitable; but men have
a degree over them (2:228). This degree is usually interpreted by Muslim scholars in
conjunction with another passage which states, among other things, that men are trustees,
guardians, and protectors of women because God has made some of them excel others and
because men expend of their means (Quran, 4:34). This degree may be likened to what
sociologists call

instrumental leadership or external authority in the household due to the division of labor
and role differentiation. It does not, however, mean any categorical discrimination or
superiority of one sex to the other. (This degree question has been misunderstood by
Muslims and non Muslims alike. We dealt with the whole matter in great detail in The
Family Structure in Islam. Our conclusion is that the verse does not say men are better or
worse than women. Nor does it say what excellence really refers to, let alone identify it with
manhood or womanhood.)

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Lecture 12: Rights and Duties
The Wifes Rights: The Husbands Obligations

Translated into rules of behavior, these ethical principles allocate to the wife certain rights
and corresponding obligations. Because the Quran and the Sunnah of the Prophet have
commanded kindness to women, it is the husbands duty to consort with his wife in an
equitable and kind manner. One specific consequence of this Divine command is his
responsibility for the full maintenance of the wife, a duty which he must discharge cheerfully,
without reproach, injury, or condescendence.

Components of Maintenance

Maintenance entails the wifes incontestable right to lodging, clothing, nourishing, and
general care and well-being. The wifes residence must be adequate so as to provide her with
the reasonable level of privacy, comfort, and independence. Foremost is the welfare of the
wife and the stability of the marriage. What is true of the residence is true of clothing, food
and general care. The wife has the right to be clothed, fed and cared for by the husband, in
accordance with his means and her style of life. These rights are to be exercised without
extravagance or miserliness.

Non-Material Rights

The wifes material rights are not her only assurances and securities. She has other rights
of a moral nature; and they are equally binding and specific. A husband is commanded by
the law of God to treat his wife with equity, to respect her feelings, and to show her
kindness and consideration. She is not to be shown any aversion by the husband or
subjected to suspense and uncertainty. A corollary of this rule is that no man is allowed to
keep his wife with intention of inflicting harm on her or hindering her freedom. If he has
no love or sympathy for her, she has the right to demand freedom from marital bond, and
no one may stand in her way to a new life.

The Wifes Obligations: The Husbands Rights

The main obligation of the wife as a partner in marital relationship is to contribute to the
success and blissfulness of the marriage as much as possible. She must be attentive to comfort
and well -being of her mate. She may neither offend him nor hurt his feelings. Perhaps
nothing can illustrate the point better than the Quranic statement which describes the
righteous people as those who pray:

, . Our Lord!
Grant unto us wives and offspring who will be the joy and the comfort of our eyes, and
guide us to be models of righteousness (Quran, 25:74)

This is the basis on which all the wife s obligation rest and from which they flow. To fulfill
this basic obligation, the wife must be faithful, trustworthy, and honest. More specifically,
she must not deceive her mate by deliberately avoiding conception lest it deprive him of
legitimate progeny. Nor must she allow any other person to have access to that which is

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exclusively the husband s right, i.e. sexual intimacy. A corollary of this is that she must not
receive or entertain strange males in her home without his knowledge and consent. Nor may
she accept their gifts without his approval. This is probably meant to avoid jealousy,
suspicion, gossip, etc., and also to maintain the integrity of all parties concerned. The
husband s possessions are her trust. If she has access to any portion thereof, or if she is
entrusted with any fund, she must discharge her duty wisely and thriftily. She may not lend
or dispose of any of his belongings without his permission.

With respect to intimacy, the wife is to make herself desirable; to be attractive, responsive,
and cooperative. A wife may not deny herself to her husband, for the Quran speaks of them
as a comfort to each other. Due consideration is, of course, given to health and decency.
Moreover, the wife is not permitted to do anything that may render her companionship
less desirable or less gratifying. If she does any such thing or neglects herself, the husband
has the right to interfere with her freedom to rectify the situation. To insure maximum self-
fulfillment for both partners, he is not permitted to do anything on his part that may
impede her gratification.

The Childs Rights: The Parents Duties

Islams general approach to children may be summarized in a few principles. First, it is a


divine injunction that no child may become the cause of harm to the parents (Quran, 2:233).
Secondly, by implication the parents should reciprocate and cause the child no harm either.
The Quran recognizes very clearly that parents are not always immune from
overprotectiveness or negligence. On the basis of this recognition, it has, thirdly, established
certain guidelines and pointed out certain facts with respect to children. It points out that
children are joys of life as well as sources of pride, seeds of vanity and false security,
fountains of distress and temptation. But it hastens to stress the greater joys of the spirit
and caution parents against overconfidence, false pride, or misdeeds that might be caused
by children. The religious moral principle of this position is that every individual, parent or
child, relates to God directly and is independently responsible for his deeds. No child can
absolve the parent on the Day of Judgment. Nor can a parent intercede on behalf of his child.
Finally, Islam is strongly sensitive to the crucial dependence of the child on the parents.
Their decisive role in forming the childs personality is clearly recognized in Islam. In a very
suggestive statement, the Prophet declared that every child is born into the true malleable
nature of faith (i.e., the pure natural state of Islam), its parents later on make it into a Jew,
Christian or pagan.

According to these guidelines, and more specifically, one of the most inalienable rights of
the child in Islam is the right to life and equal life chances. Preservation of the child s life
is the third commandment in Islam. (6:151, cf. 17:23 ff)

Another equally inalienable right is the right of legitimacy, which holds that every child shall
have a father, and one father only. A third set of rights comes under socialization, upbringing,
and general care. To take good care of children is one of the most commendable deeds in
Islam. The Prophet was fond of children and he expressed his conviction that his Muslim
community would be noted among other communities for its kindness to children. It is
charity of a higher order to attend to their spiritual welfare, educational needs, and general
well-being. Interest in and responsibility for the child s welfare are questions of first priority.
According to the Prophet s instructions, by the seventh day the child should be given a good,

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pleasant name and its head should be shaved, along with all the other hygienic measures
required for healthy growing. This should be made a festive occasion marked with joy and
charity

Responsibility for and compassion toward the child is a matter of religious importance as
well as social concern. Whether the parents are alive or deceased, present or absent, known
or unknown, the child is to provided with optimum care. Whenever there are executers or
relatives close enough to be held responsible for the child s welfare, they shall be directed to
discharge this duty. But if there is no next of kin, care for the child becomes a joint
responsibility of the entire Muslim community, designated officials and commoners alike.

The Childs Rights: The Parents Duties

Islams general approach to children may be summarized in a few principles. First, it is a


divine injunction that no child may become the cause of harm to the parents (Quran, 2:233).
Secondly, by implication the parents should reciprocate and cause the child no harm either.
The Quran recognizes very clearly that parents are not always immune from
overprotectiveness or negligence. On the basis of this recognition, it has, thirdly, established
certain guidelines and pointed out certain facts with respect to children. It points out that
children are joys of life as well as sources of pride, seeds of vanity and false security, fountains
of distress and temptation. But it hastens to stress the greater joys of the spirit and caution
parents against overconfidence, false pride, or misdeeds that might be caused by children.
The religious moral principle of this position is that every individual, parent or child, relates
to God directly and is independently responsible for his deeds. No child can absolve the
parent on the Day of Judgment. Nor can a parent intercede on behalf of his child. Finally,
Islam is strongly sensitive to the crucial dependence of the child on the parents. Their
decisive role in forming the childs personality is clearly recognized in Islam. In a very
suggestive statement, the Prophet declared that every child is born into the true malleable
nature of faith (i.e., the pure natural state of Islam), its parents later on make it into a Jew,
Christian or pagan.

According to these guidelines, and more specifically, one of the most inalienable rights of
the child in Islam is the right to life and equal life chances. Preservation of the child s life
is the third commandment in Islam. (6:151, cf. 17:23 ff)

Another equally inalienable right is the right of legitimacy, which holds that every child shall
have a father and one father only. A third set of rights comes under socialization, upbringing,
and general care. To take good care of children is one of the most commendable deeds in
Islam. The Prophet was fond of children and he expressed his conviction that his Muslim
community would be noted among other communities for its kindness to children. It is
charity of a higher order to attend to their spiritual welfare, educational needs, and general
well-being. Interest in and responsibility for the childs welfare, are questions of first priority.
According to the Prophet s instructions, by the seventh day the child should be given a good,
pleasant name and its head should be shaved, along with all the other hygienic measures
required for healthy growing. This should be made a festive occasion marked with joy and
charity.

Responsibility for and compassion toward the child is a matter of religious importance as
well as social concern. Whether the parents are alive or deceased, present or absent, known

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or unknown, the child is to provide with optimum care. Whenever there are executers or
relatives close enough to be held responsible for the childs welfare, they shall be directed to
discharge this duty. But if there is no next of kin, care for the child becomes a joint
responsibility of the entire Muslim community, designated officials and commoners alike.

The Childs Duties: The Parents Rights

The parent- child relationship is complementary. Parent and child in Islam are bound
together by mutual obligations and reciprocal commitments. But the age differential is
sometimes so wide as to cause parents to grow physically weak and mentally feeble. This is
often accompanied by impatience, degeneration of energy, heightened sensitivity, and
perhaps misjudgment. It may also result in abuses of parental authority or intergenerational
estrangement and uneasiness, something similar to what is now called the generation gap
. It was probably in view of these considerations that Islam has taken cognizance of certain
facts and made basic provisions to govern the individual s relationship to his parents.

The fact that parents are advanced in age and are generally believed to be more experienced
does not by itself validate their views or certify their standards. Similarly, youth per se is not
the sole fountain of energy, idealism, or wisdom. In various contexts, the Quran cites
instances where the parents were proven wrong in their encounter with their children and
also where children misjudged the positions of their parents (see Quran, 6:74; 11:42-46;
19:42-48)

More significant, perhaps, is the fact that customs, folkways, traditions, or the parents value
system and standards do not in themselves constitute truth and rightness. In several
passages the Quran strongly reproaches those who may stray away from the truth just
because it is new to them, or contrary to the familiar, or incompatible with the parents
values. Furthermore, it focalizes the fact that if loyalty or obedience to the parents is likely
to alienate the individual from God, he must side with God, as it were. It is true, the parents
merit consideration, love, compassion and mercy. But if they step out of their proper line to
intrude upon the rights of God, a demarcation line must be drawn and maintained.

The Quran sums up the whole question in the master concept of ihsan, which denotes what
is right, good, and beautiful. The practical implications of the concept of ihsan to the parents
entail active empathy and patience, gratitude and compassion, respect for them and prayers
for their souls, honoring their legitimate commitments and providing them with sincere
counsel.

One basic dimension of ihsan is deference. Parents have the right to expect obedience from
their children if only in partial return for what the parents have done for them.

But if parents demand the wrong or ask for the improper, disobedience becomes not only
justifiable, but also imperative. Obey or disobey, the childrens attitude toward parents may
not be categorical submissiveness or irresponsible defiance.

The last integral part of ihsan to be mentioned here is that children are responsible for the
support and maintenance of parents. It is an absolute religious duty to provide for the
parents in case of need and help them to make their lives as comfortable as possible.

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Other Aspects of the Family Life

Closely connected with the family life is the treatment of servants , other family members,
relations, and neighbors. To those who keep permanent maids Prophet Muhammad has
given advice and good tidings. Masters are enjoined to treat their servants like brothers,
and not like slaves, because whoever treats his servant well, said the Prophet, God will make
his death easy and pleasant, a moment which is ordinarily painful and difficult. Servants are
entitled to justice, kindness, mercy, food, clothing, accommodation and other personal
expenses. The Prophet goes as for as to say that they should be fed and dresses of the same
stuff as used by their masters, and this is to be provided by the masters themselves as a part
of their obligations to the servants. These are not to be persecuted or disdained or
overcharged with work. This stipulation is designed to show how Islam dignifies humanity
and honors labor without inviting the class warfare or the despotic authority of the
proletariat. Being a servant or laborer does not deprive any person of his rights or affect his
dignity as a human being. Nor does it make him addicted to the opium of the utopian
proletariat. All citizens of a real Muslim society stands on equal footing, because Islam does
not recognize the caste system or the second class citizenship. The only superiority
acknowledged by Islam is that of piety and good deeds in the service of God (Quran, 9:105;
49:13)

Man is ordained by God to extend his utmost help and kindness to other family members and
relations, to show them true feelings of love and care. It might be interesting to note that the
world kinship in Arabic is derived from a root word which means mercy (Rahim and
Rahmah). Kindness to one s kinsfolk is a short cut to Paradise, which is otherwise forbidden
for those who neglect their duties in this respect. The extension of kind treatment to relatives
is described by the Prophet as a Divine blessing of one s life and provisions. It is a sacred duty
to be good to the kin even though they may not respond in a similar way. The duty is enjoined
by God and should be observed for the sake of God regardless of the kin s response (Quran,
2:117; 4:36; 16:90; 17:23-26)

The status of neighbors is very high in the viewpoint of Islam. Neighbors of all kinds enjoy a
great number of privileges conferred on them by Islam. In his elaboration on the Quranic
teachings relevant to this point, Prophet Muhammad is reported as saying that nobody can
be true Believer unless his neighbors feel secure and safe from his side. Also, nobody can be
a true Believer, if his neighbors pass the night hungry while he has his belly full. He who is
best to his neighbors, stated the Prophet, will enjoy the neighborhood of God on the Day of
Resurrection. Presents, gifts and sharing of joys and sorrows should be exchanged between
neighbors. In another declaration the Prophet said : Do you know what the rights of a
neighbor are? Help him if he asks your help; give him relief if he seeks your relief; lend him
if he needs loan; show him concern if he is distressed; nurse him when he is ill; attend his
funeral if he dies; congratulate him if he meets any good; sympathize with him if any calamity
befalls him; do not block his air by raising your building high without his permission; harass
him not; give him a share when you buy fruits, and if you do not give him, bring your buys
right to your house quietly and let not your children take them out to excite the anger of his
children . Moreover, the Prophet is reported as having said that the rights of the neighbors
were so much emphasized by the angel Gabriel that he thought neighbors would perhaps be
entitled to partake of one s inheritance. (See also the verse number in the previous
paragraph)

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Marriage: Rights and Duties of Wife and Husband

The role of the husband revolve around the moral principle that it is his duty to Allah to treat his
wife with kindness, honor, and patience, to live with her honorably or free her from the marital
bond honorably; and to cause her no harm or grief. Allah Almighty says: "consort with them
in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed
much good." (An-Nisa': 19)








)(

The role of the wife is summarized in the verse that women have rights even as they have duties,
according to what is equitable; but men have a degree over them. Allah Almighty says, "And they
(women) have rights similar to those (of men) over them in kindness, and men are a degree
above them. Allah is Mighty, Wise." (Al-Baqaraqh: 228)







)(

This degree is usually interpreted by Muslim scholars in conjunction with another passage which
states, among other things, that men are trustees, guardians, and protectors of women because
Allah has made some of them excel others and because men expend of their means. Allah Almighty
says: "Men are in charge of women, because Allah hath men the one of them to excel the
other, and because they spend of their property (for the support of women). So good women
are the obedient, guarding in secret that which Allah hath guarded. As for those from whom
ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if
they obey you, seek not a way against them. Lo! Allah is ever High Exalted, Great." (An-
Nisa': 34)









)(

A- The Husband's Obligations: (The Wife's Rights)

153
Because the Qur'an and the Sunnah of the Prophet, peace and blessings be upon him, have
commanded kindness to women, it is the husband's duty to:

1- Consort with his wife in an equitable and kind manner. Allah Almighty says, " and consort
with them in kindness." (An-Nisa': 19)

2- Have responsibility for the full maintenance of the wife, a duty which he must discharge
cheerfully, without reproach, or injury. Allah Almighty says: "Let him who hath abundance
spend of his abundance, and he whose provision is measured, let him spend of that which
Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah
will vouchsafe, after hardship, ease." (At-Talaq: 7)






)(

Components of Maintenance:

Maintenance entails the wife's incontestable right to lodging, clothing, nourishing, and general
care and well-being.

1-The wife's residence must be adequate so as to provide her with the reasonable level of privacy,
comfort, and independence. The welfare of the wife and the stability of the marriage should be the
ultimate goal.

2-What is true of the residence is true of clothing, food, and general care. The wife has the right to
be clothed, fed, and cared for by the husband, in accordance with his means and her style of life.
These rights are to be exercised without extravagance or miserliness.

Non-Material Rights:

A husband is commanded by the law of God to:

1. Treat his wife with equity.


2. Respect her feelings, and to show her kindness and consideration.
3. Not to show his wife any aversion or to subject her to suspense or uncertainty.
4. Not to keep his wife with the intention of inflicting harm on her or hindering her freedom.
5. Let her demand freedom from the marital bond, if he has no love or sympathy for her.

B. The Wife's Obligations: (The Husband's Rights)

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The main obligation of the wife as a partner in a marital relationship is to contribute to the success
and blissfulness of the marriage as much as possible. She must be attentive to the comfort and
well-being of her mate. She may neither offend him nor hurt his feelings. Perhaps nothing can
illustrate the point better than the Qur'anic statement which describes the righteous people as those
who pray saying: "Our Lord! Grant unto us wives and offspring who will be the joy and the
comfort of our eyes, and guide us to be models of righteousness. (Al-Furqan: 74)

This is the basis on which all the wife's obligations rest and from which they flow. To fulfill this
basic obligation:

1. The wife must be faithful, trustworthy, and honest


2. She must not deceive her mate by deliberately avoiding conception lest it deprive him of
legitimate progeny.
3. She must not allow any other person to have access to that which is exclusively the
husband's right, i.e. sexual intimacy.
4. She must not receive anyone in his home whom the husband does not like.
5. She may not accept their gifts without his approval. This is probably meant to avoid
jealousy, suspicion, gossip, etc., and also to maintain the integrity of all parties concerned.
6. The husband's possessions are her trust. If she has access to any portion thereof, or if she
is entrusted with any fund, she must discharge her duty wisely and thriftily. She may not
lend or dispose of any of his belongings without his permission
7. With respect to intimacy, the wife is to make her self desirable; to be attractive, responsive,
and cooperative.
8. A wife may not deny herself to her husband, for the Qur'an speaks of them as a comfort to
each other. Due consideration is, of course, given to health and decency.
9. Moreover, the wife is not permitted to do anything that may render her companionship
less desirable or less gratifying. If she neglects herself, the husband has the right to interfere
with her freedom to rectify the situation and insure maximum self-fulfillment for both
partners. She is not permitted to do anything on his part that may impede her gratification.

155
Lecture 13:
Divorce
In Islam marriage is a rule and divorce is an exception to it. This is evident from a hadith of the
Prophet who declared divorce as the most detestable thing allowed for Muslims.605 To this end,
Islam encourages various measures that can help the success of a marriage. However, in the event
of a family quarrel becoming increasingly uncontainable, and the parties becoming intolerable to
each other, Islamic law provides rules of separation. This is known as .taliiq (divorce).

Divorce can proceed from the husband if all efforts of reconciliation failed. It also can be initiated
by the wife on justifiable grounds, such as cruelty, abuse, etc.

The Islamic Limits for Regulation of Divorce


Divorce is a concession in Islam to put an end to a totally unworkable and defunct marital life
between the spouses, but it is never intended to become a norm in Muslim society. Islam in order
to keep the rate of divorce to the utmost minimum imposes several restrictions on exercising it:
1.Islam condemns tasters, people who frequently change their wife or husband. The Prophet said:
People who divorce their spouses and marry others in order to enjoy a variety of sexual
partners are liked neither by God nor by His messengers, and declared: "I do not like the
tasters, men and women alike.

If a divorce becomes necessary, it is bariim for a husband to divorce his wife when she is in a post
natal state or having her menses.

When Ibn Umar divorced his wife during her menses, the Prophet heard about it and ordered him
to go back to his wife. 607
2.It is haram to take an oath of divorce, for instance, saying to one's wife, "If you do such and
such, you are divorced.The Prophet had warned Muslims against such oath:
Anyone who swears by anything other than God has committed shirk. 608
3.For a divorce initiated by the husband to take effect, it first has to be pronounced at a time when
his wife is free from menstruation or post natal period; next the wife must pass her waiting period
(three menses in the case of non-pregnancy, and end of post natal period in case of pregnancy)
during which the husband never reverts to her again.
4.It is an abominable act to pronounce divorce of one's wife three times at one go. The Prophet,
upon hearing that a man had done this, declared:
Is sport being made of the book of God while I am among you?

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Divorce

We demonstrated previously that Islam is very keen upon preserving, safeguarding and protecting
married life. We have seen the measures that have been offered to solve marital disputes that can
arise, regardless if the cause be one or both of the spouses.

However, those measures may turn out to be unsuccessful; especially if the differences of opinion
have become rooted and the disputes strong. In such cases, a stronger measure must be resorted
to. This is divorce.

When one studies the laws of divorce, one once again finds Islam's keenness on trying to maintain
the institution of the family and its desire to keep the two partners together. This can be seen by
the fact that although Islam allows divorce, it does not make it all at once, such that the
relationships are immediately cut off between the spouses and the two are never in contact again.
Instead, divorce is permitted but it is to occur twice:



) 229 :(

The divorce is twice, after that, either you retain her on reasonable terms or release her with
kindness ...) (Qur'an 2: 229)
After the first or second divorce, the man is not permitted to expel the woman from the house until
her waiting period is finished. In fact, she cannot leave the house. The purpose behind this is the
hope that the anger that produced the divorce will vanish and to encourage them to return to the
way things were before. This is what Allah says concerning the matter:



(





)1: ) ( .

)O Prophet! When you divorce women, divorce them at their 'Iddah [prescribed periods], and
count [accurately] their periods. And fear Allah your Lord, and turn them not out of their
[husband's] homes, nor shall they [themselves] leave, except in case they are guilty of some open
illegal sexual intercourse. And those are the set limits of Allah. And whosoever transgresses the
set limits of Allah, then indeed he has wronged himself. You [the one who divorces his wife] know
not, it may be that Allah will afterward bring some new thing to pass [i.e. to return her back to you
if that was the first or second divorce]) (Qur'an 65: 1)

In other words, the husband may feel sorry that he divorced her and Allah may put in his heart the

157
desire to have her return to him, which would be simpler and easier.

The Types of Divorce with Respect to the Wording Used

With respect to the wording or expression used, divorce can be divided in to two types: explicit
and figurative.

Explicit is that which is understood directly from the words being used and cannot imply anything
else. Examples would include, "You are divorced", and any other word that is derived from the
word divorced.

When an explicit word is used, divorce takes place, whether the person was joking or playing.
Abu Hurayrah narrated that the Prophet ~) said, "Three are the matters that when said seriously
are taken seriously and when said jokingly are also taken seriously: marriage, divorce and
returning to one's divorce wife. 137

Figurative is that which can imply divorce or something else.


For example, one could say to one's wife, "Go back to your family". In this case, divorce does not
occur unless it was intended. If it was intended, then it is divorce but if it were not intended, it is
not divorce. 'A'ishah said, "When the Messenger of Allah ~) went to the daughter of al-Jaun (to
consummate his marriage), she said, 'I seek refuge in Allah from you.' He then said to her, 'You
have sought refuge in a great One. Go and rejoin your family.

In the hadith of K'ab ibn Malik, concerning when the Prophet ~) and his Companions boycotted
him for remaining behind the expedition to Tabook, the Messenger of Allah ~) sent a message to
him to separate from his wife. He asked, "Should I divorce her or what should I do?" The reply
was, "Just separate from her and do not approach her." So he said to. his wife, "Go and rejoin your
family."

The Types of Divorce with Respect to the Conditionality

The wording of the divorce could imply immediacy or it could be conditional.

If it means immediacy, it means that he intends that the divorce takes place from the moment that
he stated the divorce. This would be like a husband telling his wife, "You are divorced". The ruling
concerning this type of divorce is that it takes place immediately upon the husband stating it.

As for a conditional divorce, this is where the husband lays down a condition upon making the

158
pronouncement of divorce. For example, he may say, "If you go to such and such place, you are
divorced." The ruling concerning this type of statement is that if the husband intended by it a
statement of divorce, then the divorce takes effect when the condition is met. If he simply meant
by his statement a means of encouraging his wife to do something or to refrain from something,
then it is simply an oath. If the condition was not fulfilled, then nothing occurred and the husband
does not have to do anything about his oath. However, if the condition is fulfilled, then the husband
must expiate for breaking his oath. (This is the opinion of Shaykh aI-Islam ibn Tayrniyah as
expressed in Majmoo' al-Fattiwti, vol. 33, Pp. 44-46, 58-60 and 64-66.)

The Types of Divorce with Respect to if It is Done According to the Sunnah or in


an Innovational Manner

Divorce is also divided into the divorce done according to the Sunnah and the divorce done in an
innovational manner.

The divorce done according to the Sunnah is wherein the husband divorces his wife, with whom
he had consummated the marriage, one time during a time of her purity concerning which the two
did not have sexual relations. Allah says, The divorce is twice, after that, either you retain her on
reasonable terms or release her with kindness (Qur 'an 2: 229). Allah also says, O' Prophet! When
you divorce women, divorce them at their 'lddah [prescribed periods] (Qur'an 65: 1). The
Prophet) explained this verse when Thn 'Umar divorced his wife while she was menstruating.
'Umar ibn alKhattab asked the Prophet) about that and the Messenger of Allah) replied, "Order
him to take her back and then to keep her until she becomes pure, has her menses again and then
becomes pure. Then, if he wills, he may keep her afterwards or he may divorce her before he
touches her. That is the period of which Allah has ordered women to be divorced."
An innovational divorce is any divorce that contradicts whatis legally sanctioned, such as
divorcing one's wife while she is having her menses, during a period of purity in which the two
had had sexual relations or to state three divorces in one setting, such as saying, "You are divorced
three times", or "You are divorced. You are divorced. You are divorced." This kind of divorce is
forbidden and the one who does it is a sinner.

If he divorces her while she is menstruating, the divorce has taken place. If she is qualified to be
taken back, she is to be taken back until she becomes pure again, has her menses again and then
becomes pure again. At that time, he may keep her as a wife or he may divorce her before touching
her. This is how the Prophet ordered Thn 'Umar to behave. The proof that such a divorce does
occur is in what Bukhari recorded from Sa'eed ibn Jubayr from the same Thn 'Umar who said, "It
was considered one divorce upon me.
Thn ijajar stated in Fatl;. al-Bari (vol. 9, p. 353),
"It was the Prophet~) who ordered Thn 'Umar to take his wife back and it was he who instructed
him what to do afterwards ifhe wanted to divorce her. When Thn 'Umar reports that it was
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considered a divorce on his part, the possibility that it was other than the Prophet ~) himself who
made this conclusion is very distant, especially in the light of the circumstantial evidence in this
story. How can it be imagined that Thn 'Umar would do anything concerning this incident
according to his own personal opinion while he was the one who narrated that the Prophet ~) was
unhappy about his actions? How could he not seek his consultation concerning what to do about
this incident?"

Thn ijajar further wrote,


"Thn Wahb in his Musnad recorded from Thn Abi Dhi'b that Nafi' informed him that, 'Thn 'Umar
divorced his wife while she was menstruating.' 'Umar then asked the Messenger of Allah ~) about
that. He said, 'Order him to take her back and then remain with her until she becomes pure." Thn
Abi Dhi'b said in this hadith from the Prophet ~), 'It is one (divorce).' Thn Abi Dhi'b said,
'ijandhalah ibn Abi Sufiyan informed me that he heard Salim narrate this statement from his father
from the Prophet (~).' AdDaraqutni recorded with the chain ofYazeed ibn Haroon from Thn Abi
Dhi'b and Thn Isl;1aq together on the authority of Nafi' from Thn 'Umar that the Prophet~) said,
'It is one (divorce). This text concerning this controversial issue must be followed.

Three divorces

If a husband divorces his wife thrice in one sentence or thrice in one setting, it is in fact only one
divorce. Muslim recorded that Ibn 'Abbas said, "During the time of the Messenger of Allah ~),
Abu Bakr and the first two years of 'Vmar, three divorces stated at once was considered one
divorce. 'Vmar ibn al-Khattab then said, 'The people are making haste in matter that should take
time for them. Maybe we should enforce this upon them.' So he then enforced this upon them."
This opinion from 'Vmar was his own personal legal reasoning, which he felt was permissible due
to a specific benefit he was seeking to achieve. However, it is not allowed to abandon what the
Messenger of Allah ~) ruled and what his Companions were following during his time and during
the time of his successor.

The Types of Divorce with Respect to Being Revocable or


Irrevocable

Divorce is either revocable or irrevocable. If it is irrevocable, it is either the greater irrevocable


divorce or the lesser irrevocable divorce.

The revocable divorce is that divorce which takes place after the marriage has been consummated,
was not in exchange for wealth and is preceded by no or only one divorce. Allah has said, ~The
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divorce is twice, after that, either you retain her on reasonable terms or release her with kindness~
(Qur 'an 2: 229).
The woman who is revocably divorced remains the man's wife as long as she is ill her waiting
period. Her husband has the right to return her as his wife at any time during the waiting period,
without her consent or that of her guardian being a precondition. Allah (~) has said:



(

)228 :) ( ...
(And divorced women shall wait [as regards their marriage] for three menstrual periods, and it is
not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and
the Last Day. And their husbands have the better right to take them back in that period, if they
wish for reconciliation ..) (Qur'an 2: 228)

AI-Khula'
Definition of al-Khula '

Khula' comes from a word implying removing one's garment.


Recall that the wife is a garment for the man and vice-versa, as Allah has said:


)187 :) ( ... ...(

( They are a body cover for you and you are the same for them ...) (Qur 'an 2: 187)
The jurists have defined it as, "A man separates from his wife in exchange for something that he
takes from her." It is also sometimes referred to as "ransoming and freeing."

Its legal status


If the discord between the two spouses becomes strong and there is no way to bring about a
reconciliation while, at the same time, the wife desires to separate, it is permissible to her to
"ransom" herself from her husband by paying him a sum of money in exchange for the harm that
he will face due to their separation. Allah says:

(


) (.

)229 :
( ... And it is not lawful for you [men] to take back [from your wives] any of your dower which

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you have given them, except when both parties fear that they would be unable to keep the limits
ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by
Allah, then there is no sin on either of them if she gives back [the dower or a part of it] for her
separation ... ) (Qur'an 2: 229)
Ibn 'Abbas narrated that the wife of Thabit ibn Qays ibn Shammas came to the Prophet (~) and
said, "0' Messenger of Allah, I have no complaint against Thabit with respect to his religion or his
character but I fear being ungrateful." The Messenger of Allah ~) said, "Will you return to him his
garden." She said, "Yes." She returned it to him and he ordered him to separate from her. 144

A warning concerning it
Thawbiin narrated that the Messenger of Allah~) said, "For any woman who asks her husband for
divorce without anything wrong being done the scent of Paradise will be forbidden for her." 145
He also narrated that the Prophet ~) said, "Those women who seek to pay for a divorce (from their
husbands146) are hypocrites.,,147

Warning to the men about harming the wife


If the husband dislikes the wife and turns away for her for any reason, he should then separate
from her in the proper way that Allah has ordered. It is not permissible for him to retain her and
harm her until she fmally offers to pay something to free herself. Allah says:

(








)231 :) ( .

(And when you have divorced women and they have fulfilled the term of their prescribed period,
either take them back on reasonable basis or set them free on reasonable basis. But do not take
them back to hurt them, and whoever does that, then he has wronged himself. And treat not the
Laws of Allah as a jest, but remember Allah's Favours on you, and that which He has sent down
to you of the Book and the Wisdom whereby He instructs you. And fear Allah, and know that
Allah is All-Aware of everything) (Qur'an 2: 231)
Allah (~) also said:



(
)19 :) ( .


)O' you who believe! You are forbidden to inherit women against their will, and you should not
treat them with harshness, that you may take away part of the dower you have given them, unless
they commit open illegal sexual intercourse. And live with them honourably. If you dislike them,
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it may be that you dislike a thing and Allah brings through it a great deal of good.( (Qur'an 4: 19)

Khula ( Is Dissolution of the Marriage and not Divorce )

If the woman frees herself by khula' and separates from her husband, then she is in charge
ofhersel Her husband has no right to take her back except by her consent. This kind of separation
is not a type of divorce, even if it is stated with the same terminology. It is dissolution of the
marriage contract in the interest of the woman in exchange for some wealth that she gives up. Ibn
al-Qayyim stated,
"From the things that indicate that this is not a divorce is the fact that Allah (~) has, concerning
less than three divorces after consummation, laid down certain results that are all denied in the
case of khula '.
First, the husband has the right to bring his wife back (in the case of divorce).
Second, it is limited to three after the last waiting period of which she is not permissible to him
except after she marries and consummates with someone else.

Third, the waiting period (in the case of divorce) is three periods. It is confirmed by the texts (of
the Book and Sunnah) as well as consensus that one cannot take one's wife back in khula '. It is
also confirmed by the Sunnah and the statements of the Companions that the waiting period is just
one menses (for khula '). And it is confirmed by a text that it is permissible after two divorces and
that the third divorce could occur after it.
There is a very clear manifestation that it is not a type of divorce. Allah has said, ~The divorce is
twice, after that, either you retain her on reasonable terms or release her with kindness. And it is
not lawful for you [men] to take back [from your wives] any of your dower which you have given
them, except when both parties fear that they would be unable to keep the limits ordained by Allah.
Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no
sin on either of them if she gives back [the dower or a part of it] for her separation .. ) (Qur 'an 2:
229).

Even though that may not be specific for the one who was divorced twice, as it covers her as well
as others, it is not permissible that the pronoun refers to an antecedent that was not mention and
that is left being free of mention. Either it is to be specified by what precedes it or it will apply to
others as well. Then Allah says, ~And ifhe has divorced her [the third time], then she is not lawful
unto him thereafter until she has married another husband~ (Qur'an 2: 230). This defmitely covers
anyone who was divorced after she ransomed herself as well as the one who had been divorced
twice, as these two have been mentioned as antecedents and must be covered by the texts. This is
how (Ibn 'Abbas,) understood it, he who was the 'translator of the Qur'an', for whom the Prophet)
personally prayed for to understand the meaning of the Qur'an - 'and there is no doubt that such a

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supplication was responded to. Since the rulings of the woman freeing herself are different from
the rulings of divorce, this indicates that it is of a separate genus. This is what the texts, analogy
and statements of the Companions call for."

The Waiting Period

Its Definition

The Arabic word for the waiting period (al- 'iddah) comes from a word meaning to reckon or count.
In other words, it refers to the days and period that the women reckon and count. As a legal term,
it refers to the period of time that the woman must refrain from marriage after the death of her
husband or after separation from her husband. It is reckoned by giving birth, menses or months.

Its Types

The widow whose husband has just died is to enter a waiting period of four months and ten days,
regardless of whether the marriage had been consummated. Allah says:

)234 :) ( ..(

)And those of you who die and leave wives behind them, they [the wives] shall wait [as regards
their marriage] for four months and ten [days]. ..( (Qur'an 2: 234)

The exception to this is if the woman was pregnant. Then her waiting period is until the time she
gives birth. Allah says:

)4 : ) (
(

)And for those who are pregnant [whether they are divorced or their husbands are dead], their
waiting period is until they deliver [their burdens] ...( (Qur'an 65: 4)
Al-Miswar ibn Makhramah narrated that Sabiy'ah al-Aslarniyah gave birth one night after her
husband's death. She went to the Prophet ~) and asked him for permission to wed. He gave her
permission and so she wedded.,,
The one who is divorced before consummation has not waiting period. Allah says:


(

)49 : ) (

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(O' you who believe! When you marry believing women, and then divorce them before you have
sexual intercourse with them, no waiting period have you to count in respect of them .. ) (Qur'an
33: 49)

The divorced woman after consummation and pregnant will be in her waiting period until the time
she gives birth. Allah (~) says, ~And for those who are pregnant [whether they are divorced or
their husbands are dead], their waiting period is until they deliver [their burdens] .. ) (Qur'an 65:
4). Az-Zubayr ibn al-'Awwam narrated that he was married to Umm Kulthoom bint 'Uqbah. She
said to him, "Please me by a divorce." So he divorced her once. He went to the prayer and returned
to fmd that she had given birth. He said, "What is wrong with her deceiving me, may Allah then
deceive her." Then he went to the Prophet~) who said, "Its term (for the waiting period) has come
to an end. -She is in charge of herself."
If the woman is one who is experiencing menses, then her waiting period is three menstrual
periods. Allah has said:

(
)228 : ) (

(And divorced women shall wait [as regards their marriage] for three menstrual periods .. ) (Qur'an
2: 228)
The word quru' in the verse refers to the menses, as Aishah had said, "Umm I:Iabeebah had a
prolonged flow of blood and the Prophet (~) told her to leave the prayers during the days of her
menses (quru)."
If she is a young woman who does not yet menstruate or an older woman who no longer
menstruates, her waiting period is three months. Allah has said:


)4 : ) ( (

(And those of your women as have passed the age of monthly courses, for them the waiting periods,
if you have doubts [about their periods], is three months, and for those who have no courses their
waiting period is three months likewise .. ) (Qur 'an 65: 4)

What is Obligatory upon the Widow during Her Waiting Period

The widow must enter a period of mourning until her waiting period comes to an end. Mourning
consists of not beautifying oneself, wearing perfume, wearing jewellery, wearing coloured
clothing, applying make-up or applying kohl. Umm 'Atiyah said, "We were forbidden to mourn
for more than three days for a dead person except in the case of one's husband, for whom we were
to mourn for four months and ten days. While mourning, we were not permitted to darken the rim

165
of our eyelids with kohl, apply perfume, or put on any dyed garments except the one made of
'a~ab (a rough Yemeni cloth). However, at the time of purification, when any of us performed
ghusl after her menstruation, it was permissible for us to perfume ourselves with the incense from
a little fragment of costus. In addition, we were forbidden to follow funeral processions." 152

Umm Salamah narrated that the Prophet) said, "The widow (in her mourning period) is not to wear
garments dyed saffron colour, clothes dyed red or jewellery, nor apply henna to their hairs or apply
kohl.,,

What is Obligatory during the Waiting Period of a Revocable Divorce

During the waiting period of a revocable divorce, the woman must remain in the house of her
husband until the waiting period comes to an end. She may not leave the house and her husband
is not allowed to expel from the house. Allah has stated:



(
)1 :) ( .

(O' Prophet! When you divorce women, divorce them at their 1ddah [prescribed periods], and
count [accurately] their periods. And fear Allah your Lord, and turn them not out of their
[husband's] homes, nor shall they [themselves] leave, except in case they are guilty of some open
illegal sexual intercourse ..) (Qur'an 65: 1)

What is Obligatory during the Waiting Period of an Irrevocable Final Divorce

The one who is divorced thrice is not entitled to either housing or maintenance. Hitirnah bint Qays
narrated that the Prophet ~) said about a thrice-divorced woman, "There is no housing or
maintenance for her."

She must go to her household's residence and she is. not allowed to go out from there except to
meet her needs. Jfibir ibn 'Abdullah said, "My aunt was divorced. She wanted to go and gather the
fruits of her date-palms but a man prevented her from going out. She came to the Prophet ) (and
informed him of that). He said, "Certainly go and gather the fruits of your date-palms for you may
give them in charity or do a good deed.'"

If a man comes into possession of a slave-girl, it is forbidden for him to enjoy her until it is made
certain that she is not pregnant. If she is pregnant, then he remains away from her until she gives
birth. If she has her menses, then the waiting period is one menstrual cycle. Ruwaifi' ibn Thfibit

166
narrated that the Prophet) said, "Whoever believes in Allah and the Last Day must not supply his
sperm to another's child156., Abu Sa'eed narrated that the Prophet ~) stated about the female
captives of Awtfis, "Do not have intercourse with a pregnant woman until she gives birth or a non-
pregnant woman until she experiences her menses once." 158 Ibn 'Vmar said, "If a slave girl
whom one can have intercourse with is given as a gift, sold or set free, then it is to be made clear
that she is not pregnant by her experiencing her menses. Virgin girls, however, need not wait such
a period."

Custody

Custody means to protect a child from what harms it and to attend to its interest and needs.

If a man separates from his wife while they have a child, she has more right to the child until the
child is seven years of age - as long as she does not remarry. When the child turns seven, he is free
to choose between his parents. Whichever one he chooses, he will reside with that parent.
'Amr ibn Shu'ayb narrated from his father on the authority of his grandfather that a woman said,
"0' Messenger of Allah! This child of mine was living in my stomach, my breast nourished him,
my room is where he was protected and now his father has divorced me and wants to wrest him
away from me." The Messenger of Allah (m) told her, "You have more right to him as long as
you do not r;marry. "

Abu Hurayrah narrated that a woman came to the Prophet) and said, "0' Mess"enger of Allah! My
husband wishes to take my son while he brings me water from the well of Abu 'Inabah and I
benefit from him." The Prophet) (said to the youngster), "This is your father and this is your
mother. Take the hand of whichever of them you wish." So he took the hand of his mother and
left with her.

Lecture 14:
Islam and Conrtemporary Issues:

167
Co-existence-lecture
Moral Obligations toward future generations Article
Modern technology and preventive Ethics- Article

Arguments for and against


Obligations to Future Generations
What reason do we have to care about future generations? Theyre
nothing to us. They dont even exist yet, and well be dead by the time
they do. Parents may care about their kids and grandkids, but why bother
about anyone beyond that?
There are many ways to rationalize not caring about the
future. The simplest, already suggested in the previous paragraph, is the
bald assertion that because future generations do not (yet) exist, we have
no obligations to them. This we may call the argument from temporal
location. In standard form the complete argument may be summarized as
follows:

1. Future people do not yet exist.


2. We have no obligations to anything that doesnt yet exist
3. We have no obligations to future people.

Certainly this argument is valid, and its first premise is true. But it is
unsound, for the second premise is false. This is evident in our ordinary
understanding of why teenage pregnancy is a bad idea. Its a bad idea for
the mother, of course; but, more importantly for our purposes, it is also a
bad idea for the potential child. Responsible people strive to avoid
pregnancy when they are not prepared to support and nurture a child, in
part because they acknowledge an obligation to care for their children
even before such children exist. Hence it is evident that we have
obligations to people who dont yet exist, and premise 2 is false. The
argument therefore failsand it fails in an instructive way. For
obligations to future generations are in fact just obligations to the

168
unbornthough not necessarily our own children.
But we dont know what people in the future will want, others
might object. Maybe they will prefer a world of fast roads and vast
shopping malls. So why preserve things for them that they may not even
appreciate? This is the argument from ignorance. In standard form it
goes something like this:

1 We can have obligations to beings only if we can know what those


beings are like and what they need or desire.
2 We cant know what future people will be like or what they will need
or desire.
3 We have no obligations to future people.

Again the logic is fine; the argument is valid. And the first premise is
probably accurate; if we knew absolutely nothing about a class of beings,
then we could not know what was good or bad for them and would have
no basis on which to act responsibly toward them. Our ignorance,
moreover, would not be willful, since the first premise envisions a
situation in which no information about these beings is available to
us. But the second premise is false. We have a great deal of inductive
evidence, based on the entire past history of humanity and on its biology,
physiology and psychology, for what future people will be like and what
they will need or desire. We can be virtually certain, for exampleat
least with respect to people living in the next few centuriesthat they will
need sources of food, clothing, shelter, and clean water and air. They will
prefer an environment that is not dangerously contaminated with toxic or
radioactive substances. It is very likely, given what we know of humans
so far, that many of them will want open space and natural beauty. It is
virtually certain that they will need hope. Clearly we know enough to act
with some degree of responsibility toward future people. We may not
hide behind the excuse of ignorance

And there is a further point: we are to a certain extent responsible for


shaping what future generations will want, not only in the way we educate
people, but also in our shaping of the world. If we destroy wilderness, for
169
example, then we ensure that future generations will never value
wilderness; for how could they learn to love what they will never
know? If, by contrast, we preserve wilderness, then we preserve at least
the possibility of their valuing it. And, given the pervasive human
appreciation of nature across history and cultures, it is likely that many
future people will realize that possibility. Thus we know what future
generations will want, not only because we know what human beings in
general want, but also because to some extent we participate in shaping
their values.
The cleverest rationalization for not caring about future
generations is an argument that purports to show that it is impossible to
benefit distant future generations. The reasoning is subtle, so it helps to
begin with an example. Suppose that the Bush administration were to join
with most of the rest of the world in a serious effort to reduce global
climate change (fat chance!). Such an effort would create wide-ranging
shifts in energy production, which would affect where and how people
live and hence eventually with whom they or their children
procreate. These effects would ramify, so that after several generations
almost nobody would be alive who would have been alive had the Bush
policy not been changed. Hence if we alter the Bush policy to save from
catastrophic climate change those future people whom it will harm, it will
not benefit them at all, but only insure that they are never born, and that
other people are born instead. Suppose now, on the contrary, that the
Bush policy is not altered. Those people will then exist, but they will have
no reason to blame us, for if we had altered the policy, they would not
have existed, and that would be even worse for them than living in a
degraded greenhouse world!

This line of reasoning was originally developed by Derek Parfit, who used
it to make a philosophical point, not to refute the idea of obligations to
future generations. It has been called the disappearing beneficiaries
argument. The argument may be summarized as follows:

1 Different actions will result in different people living in the distant


future.
170
2 When different actions result in different people, we cannot make
any particular person better or worse off.
3 We cannot make any particular person in the distant future
better or worse off. (1,2)
4 We have obligations only to those whom we can make better or
worse off.
5 We have no obligations to people in the distant
future. (3,4)

The inference from 1 and 2 to 3 is valid. There is, however a problem


with premise 2. It may be possible to make a person worse off than if they
never had existed by adopting a policy that causes that person to live in a
hellish world. Some lives may be so full of suffering as not to be worth
living. But that is not the central point here.
The central point is that the argument from 3 and 4 to 5 is invalid,
for the conclusion omits a qualification stated in premise 3. Premise 3 is
concerned with any particular person. If the conclusion 5 were properly
stated, it would read:

We have no obligations to any particular person in the distant future.

That conclusion follows validly from 3 and 4, and in fact it is quite


reasonablefor how could we shape our actions with regard to a
particular person in the distant future? But 5 does not follow from 3 and
4. For, given 3 and 4, it is still reasonable to suppose that we have
obligations, not to particular people, but to whomever might live in the
distant future. That, then, is the counterexample. This argument, too,
fails, primarily because of the invalidity of the second inference.

The disappearing beneficiaries argument, at least, makes a valid


point: policy toward distant future generations cannot reasonably be
directed toward benefiting specific people. It must be aimed, rather, at
creating the best possible conditions for whomever the future people turn
out to be. Unchecked global warming, with its rapid climate fluctuations,
disruption of world agriculture, rising seas and increasingly violent
171
weather, will create conditions that future generations will predictably
find far from optimaleven if their preferences differ considerably from
ours. Conversely, if we act effectively to curb global warming now, then
whoever lives in the future will benefit.

But even if none of the arguments against obligations to future generations


succeeds, that doesnt prove that we have such obligations. To prove that
we do, we need a positive argument. Thats what I will now aim to
provide. The argument is based on the idea that future people are in no
morally relevant respect different from us. Time of birth, in other words,
has no more to do with how a person should be valued than do place of
birth, tribe, nationality, religion, or gender. Since reasonable people agree
that we have obligations to currently living people (not to kill them, steal
from them, cause them unnecessary harm, etc.), and since future people
are in no morally relevant respect different from them, it follows that we
have obligations to future people. In outline:
1 We have obligations to all currently living people.
2 Future people are in no morally relevant respect
different from currently living people.
3 We have obligations to all future people.
This argument, I think, is sound.

The moral irrelevance of time of birth is perhaps best understood by the


realization that we are future peopleto our predecessors. The
distinction between past and future is, after all, not ultimate and absolute,
but relative to temporal perspective. In that respect, it is like the
designation, foreigner, which is relative to geographical
perspective. Who counts as a foreigner depends on the country we
inhabit. Likewise, who counts as a future person depends on the time we
inhabit. All people are foreigners to people of countries other than their
own. Likewise, all people belong to the future generations of their
predecessors.

As it happens, a few of our predecessors were morally advanced enough


to include us in their moral considerations. The founders of the American
172
nation, for example, designed its Constitution with future generations in
mind. We benefit inestimably from their foresight. Similarly, the
National Park Service Act of 1916 specified that the purpose of the parks
is to conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner as will leave them unimpaired for the enjoyment of future
generations. We are among those future generations. In Southern
Appalachia, the Great Smoky Mountains National Park stands as a
testament to the value of moral prescience. Knowing this, when we
appreciate the grand vistas of the park or listen to the music of a Smoky
Mountain stream, we can in the present perceive directly the value of
caring about the future. Decades, centuries, probably even millennia
hence there will likewise live people just as real, conscious, and valuable
as we are. They may likewise remember us with gratitudeor with
resentment and sorrow.

But even if we can agree that we have obligations to future generations,


it is not obvious what these obligations are or how we are to carry them
out. For one thing, there is a great deal of uncertainty about the future
the more distant the future, the more the uncertainty. We cannot even be
absolutely sure that future generations will exist. (Humanity could be
wiped out by war, disease, asteroid impact, etc.) But this uncertainty
differs only in degree, not in kind, from the uncertainty that we deal with
in making decisions regarding already existing people. Parents, for
example, often see themselves as obligated to save for the college
education of their children years before the children go to collegethat
is, at a time when there is no assurance that their children will reach
college age. In fact, much of our moral thinking is directed toward future
scenarios that may never come to pass. So the fact that future generations
may not exist is not a serious objection; in all probability, they will.

Still, we know less about and can do less for really distant future
generations, so there is good reason to believe that our obligations are
weaker farther into the future. But thats nothing new, either. Obligation
also tends to decrease with spatial distance. We have stronger obligations
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to friends, family, co-workersand, in general, to people whom we can
effectively help or harmthan to people in other countries with whom we
have no connection. This is not because people far away with whom we
have no relationship are any less important than the people we
know. Rather, it is because with people we know and care about we are
in a better position to do something helpful. They depend on us in ways
in which strangers far away do not. Still, we have obligations to strangers
far awaynot to kill or injure them, not to degrade their lives, maybe
even occasionally to help them.

But what are our obligations? According to classical humanistic


utilitarianism (which shapes much of our current ethical thinking), we
should aim to maximize happiness for all people. It seems obvious that
all people should include future generations. If so, then utilitarianism
implies a doctrine of sustainabilitythe idea of providing for the needs
of future generations without reducing the ability of future generations to
provide for themselves. This seems quite reasonable. But humanistic
utilitarianism does not do so well when applied to the issue of
population. For if the goal is to maximize the total quantity of happiness
in the world, then we must recognize that with each new person born,
provided that that person lives at least a marginally happy life, the quantity
of happiness is increased. Utilitarianism therefore seems to imply a policy
of population increase! Of course, if things get too crowded, so that, for
example, there is mass starvation, then each additional person will
decrease the worlds happiness. So what utilitarianism seems to
recommend is a policy of increasing the population just up until the point
where adding anyone else would produce enough misery actually to lower
the total happiness. But that could well imply that each persons quality
of life, though still positive, is seriously diminished, though the total
happiness increases. That is, instead of having fewer very happy people,
we may wind up with many only slightly happy people. Surely this is an
absurd result. We may conclude, then, that classical humanistic
utilitarianism is not an adequate theory for future population policy.

Is there a better theory? One suggestion is to aim to maximize, not the


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total happiness, but the average happiness (happiness per person). We
may call this averaging utilitarianism. Averaging utilitarianism seems to
recommend a policy of population reduction. Many of us would probably
be happier if the world contained fewer people and there was less
competition for resources. Of course, this could be carried to far. Very
few of us would want to be the only person in the world or one of only a
few people in the world, for this would lower our quality of life by limiting
technology, companionship, etc. So the upshot seems to be that we should
decrease population to a certain relatively small size and then keep it
stable. So far, this sounds plausible. But there are problems with
averaging utilitarianism, too. Maybe the most effective way to maximize
average happiness is simply to eliminate (i.e., unexpectedly and
painlessly kill) people who are chronically unhappy. Now of course that
wouldnt maximize average happiness if we these were people the
survivors cared about or if the survivors feared elimination
themselves. But suppose there was as large group of unhappy people
whom none of the other relatively happy people really cared
about. (Maybe in this hypothetical example they are the class of the
homeless or a minority race.) Then to eliminate this group would not
reduce the survivors happiness and would (since the persons eliminated
were unhappy) considerably increase the average happiness. But this is a
recipe for a holocaust. It is quite plainly immoral. Any theory which
implies such results, even in hypothetical cases, must be
inadequate. Hence we must also reject averaging utilitarianism.

There are many other theories of this sort that we might consider,
including other variants of utilitarianism, various deontological theories,
care ethics, an so on, but the fact is that a really adequate theory of moral
obligations to future generations that deals with things like population
policy has yet to be formulated. Some of the most promising strategies
use a conceptual device invented by John Rawls: the veil of
ignorance. Rawls thinks that government and social policy are best
crafted by imagining the drawing up of rules for a society prior to that
societys existence, under the assumption that we will belong to that
society but we dont know which role we will play in it. This not knowing
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of our place is the veil of ignorance. Its function is to provide a certain
objectivity; if we dont know who we will be in this society, we will not
be influenced by our own prejudices to provide especially for ourselves
or people in our social class. From this sort of thought experiment, Rawls
deduces a wide variety of desiderata for a just society. This strategy can
also be applied to future generations. A number of thinkers have proposed
that the veil of ignorance be made intergenerationalthat is, not only do
we not know what position we will have in the society, we do not know
what generation we will belong to. This gives us a perspective from
which to treat all generations fairly. We can see immediately, for
example, the unfairness of one generations depleting resources (such as
fossil fuels) or disrupting the climate for its own benefit and to the
detriment of future generations. Thought experiments such as this can
take us a long way toward crafting fair and rational policies that apply to
future people as well as those of us who are now alive. But this is a
relatively new area of thought, and many conceptual problems remain to
be solvedto say nothing of the political problem of creating a genuinely
forward-looking government.

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i
Indeed actions are measured by intentions..
ii
Martin, Mike W. and Schinzinger, Roland: Ethics in Engineering, Fourth Edition, McGraw Hill, New York, 2005,p.
68.

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