Morality And Law In Islam

‫ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﻴﻢ‬ ‫ﻧﺤﻤﺪﻩ وﻧﺼﻠﻰ ﻋﻠﻰ رﺳﻮﻟﻪ اﻟﻜﺮﻳﻢ‬

MORALITY AND LAW IN ISLAM

BY: MUHAMMAD ‘UTHMAN EL-MUHAMMADY FOR PRESENTATION IN AIKOL ON THE THEME CONCERNING ISLAMIC VIEW ON INFRINGMENT OF MORALITY ON 30TH OF JULY 2005 WRITER IS VERY DISTINGUISHED ACADEMIC FELLOW, ISTAC IIUM

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

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

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MA’ARUF /MUNKAR • • • •

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

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

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

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

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

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

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

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

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

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

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

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

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FORBIDDING EVIL, WHAT IS BAD • • • • •

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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