Ethics & Fiqh for Everyday Life

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(1)ETHICS AND FIQH FOR EVERYDAY LIFE: AN ISLAMIC PERSPECTIVE.

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(3) ETHICS AND FIQH FOR EVERYDAY LIFE: AN ISLAMIC PERSPECTIVE. Munawar Haque Naamane Djeghim Fatmir Mehdi Shehu Kabuye Uthman Sulaiman. IIUM Press.

(4) Published by: IIUM Press International Isla mic University Malaysia. First edition, 2010 ©IIUM Press, IIUM. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any for m or by any mea ns, electronic, mechanical, photocopying, recording, or otherwise, without any prior written per mission of the publisher.. Perpustakaan Negara Malaysia Cataloguing-in-P ublication Data Ethics and Fiqh for Everyday Life: An Isla mic Perspective / Munawar Haque … [et al.]. Includes index Bibliography: pp. 225-236 ISBN 978-967-5272-52-3 1. Islamic Ethics. 2. Muslims--Conduct of Life. 3. Islam-Fiqh. 4. Islam--Ethics and Profession. 5. Islam-Contemporary Issues. I. Munawar Haque. 297.5 ISBN: 978-967-5272-52-3 Member of Majlis Penerbitan Ilmiah Malaysia – MAPIM (Malaysian Scholarly Publishing Council).

(5) CONTENTS Transliteration……….……………………………… Introduction…….……………………………………. iii v. CHAPTER ONE Evolution of Islamic Ethics………….………………. 1-14. CHAPTER TWO Evolution of Fiqh……………………………………. 15-22. CHAPTER THREE Al-AmÉnah (Trust)……...…………………………... 23-32. CHAPTER FOUR Al-ÑAdl (Justice)……………………………....……... 33-42. CHAPTER FIVE Al-Birr (Virtue)………...…………………………..... 43-48. CHAPTER SIX Al-’Amr bi al-MaÑrËf wa al-Nahy Ñan al-Munkar (Enjoining Virtues and Forbidding Evil)……………. 49-66. CHAPTER SEVEN Family Ethics in Islam……………..………………... 65-96. CHAPTER EIGHT Ethics and Profession…………………..……………. 97-122.

(6) Ethics and Fiqh for Everyday Life: An Islamic Perspective. CHAPTER NINE Inter-Personal Relations………………….………….. 123-132. CHAPTER TEN Islam and the Environment….………………………. 133-156. CHAPTER ELEVEN RibÉ and Islamic Financing: Some Issues and Implications………………………………………….. 157-186. CHAPTER TWELVE Contemporary Biomedical Issues: An Islamic Perspective…………………………………………... 187-222. CONCLUSION……..………………………………. 223-224. BIBLIOGRAPHY………………………………….. 225-236. INDEX…………………………………………........ 237-241. ii.

(7) TRANSLITERATION Consonants ‫ء‬ ‫ب‬ ‫ت‬ ‫ث‬ ‫ج‬ ‫ح‬ ‫خ‬ ‫د‬ ‫ذ‬ ‫ر‬ ‫ز‬ ‫س‬ ‫ش‬ ‫ص‬. ’ b t th j Í kh d dh r z s sh Î. Ì Ï Ð Ñ f q k l m n w h y. ‫ض‬ ‫ط‬ ‫ظ‬ ‫ع‬ ‫ف‬ ‫ق‬ ‫ك‬ ‫ل‬ ‫م‬ ‫ن‬ ‫و‬ ‫ي‬. Vowels Short Vowels FatÍa Kasra Damma. ‫ـَـ‬ ‫ـِـ‬ ‫ـُـ‬. Long Vowels a i u. Long fatÍa Long kasra Long Ìamma. iii. ‫ا‬ ْ‫ي‬ ْ‫و‬. + ‫ ـَـ‬É + ‫ ـِـ‬Ê + ‫ ـُـ‬Ë.

(8) Ethics and Fiqh for Everyday Life: An Islamic Perspective. iv.

(9) INTRODUCTION All praise is due to Allah, the Cherisher and Sustainer of the worlds and all that exists. May the peace and blessings of Allah be upon Muhammad, the seal of all the Prophets, his family, companions and all those who follow him till the Day of Judgment. This book is an outcome of efforts made to consolidate the main topics covered in the International Islamic University Malaysia (IIUM) ‘University Required Course’ entitled ‘Ethics and Fiqh for Everyday Life’. Ethics generally refers to a science concerning the question of right and wrong in the matters pertaining to human conduct, a normative science dealing with “how things ought to be.”1 The Islamic term corresponding to this concept, though different in scope and nature, is Ñilm al-akhlÉq (science of virtue). AkhlÉq, the plural of khuluq (innate disposition) refers to a collection of distinct traits of character.2 People use ethics as a guide for their own behavior and for evaluating the actions of others. Islamic moral codes stress the relationship between human beings and God. Muslims believe that moral standards come from God and that they are, therefore, timeless and universal and should govern a person's conduct in all areas of his or her life.3 The ultimate judgment of good and bad is, in fact, what differentiates Islamic ethics from Western ethics. Thus, it appears that unless one is able to define good and bad satisfactorily, one cannot define ethics. There is confusion that 1 2. 3. William Lillie, An Introduction to Ethics, (London: Methuen & Co Ltd., 3rd ed. 1971), p. 1. Sheila McDonough, Muslim Ethics and Modernity – A Comparative Study of the Ethical Thought of Sayyid AÍmed Khan and MawlÉnÉ MawdËdÊ, (Waterloo, Canada: Wilfred Laurier University Press, 1984), p.5. John L. Esposito (ed.), The Islamic World: Past and Present, (New York: Oxford University Press, 2004), vol. 1, p. 147.. v.

(10) Ethics and Fiqh for Everyday Life: An Islamic Perspective. exists in Western ethical systems concerning what constitutes good and bad because of the different values attached to these terms. Whenever one speaks of good and bad, one attributes values to it. There are, of course, different kinds of values. We attribute value to anything we call “good” in any sense. Conversely, we may be said to attribute a negative value to it if we call it bad in any sense. The term fiqh was used in the early days in a comprehensive way to include the tenets of Islam, its ethics, Islamic law, and the questions relating to the spiritual aspects of things for which the term taÎawwuf subsequently came into use. In its technical sense, however, it is restricted to Islamic law alone and is defined as al-Ñilm bi al-aÍkÉm al-sharÑiyyah alÑamalÊyyah al-muktasabah min adillatihÉ al-tafÎÊlÊyyah “the knowledge of the SharÑÊ aÍkÉm (legal rules), pertaining to conduct, that have been derived from their specific evidences.”4 This book provides students with a reading material about the most important morals needed in the daily life and for various professions. It is also useful for those who are generally interested in Islamic ethics and morality. The book aims to provide a value-based education to those who are primarily exposed to the value-free, modern secular education. The need for good background knowledge on Islam can hardly be overemphasized. This is unavoidable, especially if one is living in a society where people frequently ask questions about Islam. In all fairness, the Muslim youth should be in the forefront in meeting the basic religious obligations given to us by our Creator. This is a pressing need one must meet in today’s grossly materialistic society. One of the major hurdles in convincing people about the efficacy of the Islamic ethical system is the tarnished image of Islam created by some vested interests in the international media. Research done in mass media presentations of the Middle East, Arabs, and Muslims by notable scholars has demonstrated a consistent tendency among Americans to 4. Imran Ahsan Khan Nyazee, Theories of Islamic Law, (Delhi, 1996), pp. 2425.. vi.

(11) Introduction. portray the peoples of the region as primitive and aggressive.5 A change in this situation will follow only when people are willing to go beyond stereotypes and media propaganda and distortions. We have to educate our youth about the ethical issues and their meaning, and how best to analyze, understand and resolve them from an Islamic perspective. The ultimate objective for Muslims is to seek the pleasure of Allah in everything—from the smallest to the greatest deed—at all times. There is no other better and gratifying objective than this one. Why should anyone bother being ethical and moral in a world, which is largely modern and secular? Being ethical or moral might even be considered conservative, embarrassing, or politically incorrect in the modern societies we live in. Can the study of ethics really make anyone a moral and virtuous person? Is it a viable goal to strive for? The answer to both of these questions is yes. Does the study of ethics in itself have the power or ability to change people into a moral or virtuous person? The answer is no. It is like a physician who can diagnose and advise patients. After this, it is up to the patients to accept or reject the advice. Acceptance or rejection of the doctor’s advice and acting upon it or not acting upon it has its beneficial or detrimental consequences respectively. The same is true of studying ethics. It provides discerning knowledge to distinguish between good and bad, to see evil and virtue in their true perspective and realize their consequences. The first chapter reviews the evolution of Islamic ethics. It begins with the ethics of the pre-Islamic Arabs and then describes the ethics espoused in the Qur’Én, ×adÊth (Prophetic Tradition) and taÎawwuf (Sufism). This is followed by a discussion on the classical Islamic discourse on ethics emerging from the three intellectual disciplines—falsafah (philosophy), kalÉm (dialectical theology), and fiqh (Islamic jurisprudence). It also attempts to provide an overview of the unfolding of. 5. Lawrence Davidson, Islamic Fundamentalism (London: Greenwood Press, 1998), p. 64.. vii.

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

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

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

(15) CHAPTER ONE EVOLUTION OF ISLAMIC ETHICS The discussion on the evolution of Islamic ethics begins with the ethics of the pre-Islamic Arabs and then describes the ethics of the Qur’Én, ÍadÊth (Prophetic Tradition) and taÎawwuf (Sufism). This is followed by a discussion on the classical Islamic discourse on ethics emerging from the three intellectual disciplines—falsafah (philosophy), kalÉm (dialectical theology), and fiqh (Islamic jurisprudence). It also attempts to provide an overview of the unfolding of Islamic ethics in order to appreciate the sources that have shaped the ethics of Islamic moralists up to today.1 Ethics in Pre-Islamic Arabia The period before the Qur’Énic Revelation was known in Arabia as the age of “ignorance” (jÉhiliyyah). Another noun from the same root—jahl (ignorance) refers to the reckless temper of the pagan Arabs. It is the antithesis of Íilm, which connotes forbearance, patience, kindness and freedom from blind passion. The pagan Arabs were torn between these two polarities of jahl and Íilm. They were inclined to hotheadedness, and yet admired the quality of Íilm.2 This fierce disposition inspired many bloody feuds in pre-Islamic Arabia. 1. For an excellent exposition and comprehensive treatment of this subject, see Yasien Mohamed, “The Evolution of Early Islamic Ethics,” American Journal of Islamic Social Sciences, vol. 18, no. 4, (fall 2001), pp. 89-132. This scholarly work has been of immense help in formulating this chapter. 2 Ibid., p. 90..

(16) Ethics and Fiqh for Everyday Life: An Islamic Perspective. Connected to this blind anger is the pagan quality of murË’ah or “manliness,” and qualities such as generosity (jËd) and honor (karam) are subsumed under it.3 MurË’ah may be defined as “all those virtues which, founded in the tradition of his people, constitute the fame of an individual or the tribe to which he belongs; the observance of those duties which are connected with family ties, the relationships of protection and hospitality, and the fulfillment of the great law of blood revenge.”4 Prophet Muhammad (p.b.u.h.) was the first to teach the pagan Arabs that forgiveness is not a vice, but a virtue, which is in fact, the highest form of murË’ah.5 Thus, many of the qualities became transformed and took on a new meaning with the conversion of the pagan Arabs to Islam. Ethics in the Qur’Én Any kind of Islamic ethics, whether religious or philosophical, is ultimately based on the Qur’Én. The ethical dimensions of the Qur’Én are integral to the social context in which it was revealed. That includes both the context of the pagan Arabs and the early companions of the Prophet (p.b.u.h.). The various religious, legal and moral obligations are interconnected as they are subsumed under God’s will. However, there is also a teleological dimension where people obey God because He is good, and where they seek, by means of their innate character (fiÏrah), to progress towards happiness and to become the best community to be brought forth for humankind.6 Through the impact of the Qur’Én, the vengeful spirit of the Arabs was transformed into a positive quality of Íilm. The polarity between jahl and Íilm in pre-Islamic times was transformed into a new polarity of kufr-Islam after the revelation of the Qur’Én. The jÉhil was blindly jealous of his honor, and the kÉfir was similarly absorbed with himself. The 3. D. M. Donaldson, Studies in Muslim Ethics (London: SPCK, 1953), p. 4; T. Izutsu, Structure of the Ethical Terms in the Koran (Tokyo, 1959), p. 23. 4 Goldziher, Muslim Studies (London: 1967), vol. 1, p. 22. 5 Ibid., p. 25. 6 M. F. Denny, ‘Ethics and the Qur’Én: Community and World Views,’ in Ethics in Islam, edited by Richard G. Hovannisian, (Malibu: 1985), p. 108.. 2.

(17) Evolution of Islamic Ethics. latter term also means “ungrateful,” suggesting the kÉfir’s insensitivity to the signs of God and ingratitude to His blessings. The person called ÍalÊm is self-controlled, moderate and generous.7 According to Isutsu, Íilm is a dominant virtue in the Qur’Én. He writes: In a certain sense the spirit of Íilm dominates the ethos of the Qur’Én as a whole. The constant exhortation to kindness (iÍsÉn), the emphasis laid on justice (Ñadl), the forbidding of wrongful violence (Ðulm), the bidding of abstinence and the control of passions, the criticism of groundless pride and arrogance—all are concrete manifestations of this spirit of Islam.8. Some other ethical virtues in the Qur’Én that are also formulated in the spirit of Íilm are: duty to God, moderation, forgiveness, humility, honesty, charity, and trustworthiness. Some of the vices that are condemned are: boasting, blasphemy, and slander.9 To Fazlur Rahman, the Qur’Én is not a book of abstract ethics, nor is it the legal document that Muslim lawyers have made it out to be. It is a work of moral admonition through and through. A large part, which deals with human relations, is full of statements on the necessity of justice, fair play, goodness, kindness, forgiveness, guarding against moral peril, and so on. It is clear that these are general directives, not specific rules. But they are not abstract moral propositions either; they have a driving power, which abstract propositions cannot yield. Rahman argues that this fact was acknowledged by the MuÑtazilah rationalists, who, while insisting that ‘good’ and “bad” are knowable by natural reason without the aid of revelation, nevertheless believed that revelation was not superfluous, but helped motivate people to pursue goodness.10. 7. C. Pellat, ‘×ilm’ in Encyclopedia of Islam, new ed., Vol. 4, pp. 390-392. T. Izutsu, God and Man in the Qur’Én, (Tokyo: 1959), p. 216. 9 Donaldson, Studies in Muslim Ethics, pp. 14-17. 10 Fazlur Rahman, ‘Law and ethics in Islam,’ in Ethics in Islam, edited by Richard G. Hovannisian, (Malbu, California: Undena Publications, 1985), p. 8. 8. 3.

(18) Ethics and Fiqh for Everyday Life: An Islamic Perspective. Ethics in the ×adÊth Since the Qur’Én commands believers to obey God and His Prophet, faith in God and Prophet MuÍammad (p.b.u.h.) is the essential of being a Muslim. Moreover, the Qur’Én also considers Prophet MuÍammad (p.b.u.h.) to be the standard of moral conduct.11 More detailed information about the Prophet’s moral conduct can be found in the ÍadÊth (Prophetic Tradition). Like the Qur’Én, the ÍadÊth deals with the ceremonial, ritualistic, and ethical requirements of the faith. It provides information on the sayings, actions or approvals of the Prophet (peace be upon him). Although six books of ÍadÊth are recognized as authentic by most scholars, the compilations by ImÉm al-BukhÉrÊ (256/870) and ImÉm Muslim (261/875) are considered the most sound. The Shi’ite books trace Traditions only to the Righteous Caliph AlÊ’s (40/661) family.12 The Tradition can also be found in the SÊrah (biography of the Prophet). The SÊrah is preserved in two outstanding works. One is by Ibn HishÉm (218/833), titled KitÉb SÊrah Rasulallah (The Biography of God’s Apostle). This text has preserved considerable citations from the SÊrah of Ibn IsÍÉq (150/767). The other is Ibn SaÑd’s (230/845) KitÉb al-ÙabaqÉt (The Book of Classes), which preserves aÍÉdÊth from al-WÉqidÊ (207/822), an older authority.13 Some of the virtues ascribed to Prophet MuÍammad (p.b.u.h.) are: forbearance (Íilm), generosity (sakhÉ), courage (shajÉÑah), and good disposition (Íusn al-khuluq). Some of the ethical sayings that recur often in the Traditions and the SÊrah are: The best of you are those who are best in disposition; who show kindness and who have kindness shown to them.14 11. “You have indeed in the Messenger of Allah an excellent example; for him who hopes in Allah and the final Day, and who remembers Allah much.” A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-AÍzÉb: 21. 12 J. Robin, ×adÊth, Encyclopedia of Islam, new ed. pp. 23-28. 13 Yasien Mohamed, “The Evolution of Early Islamic Ethics,” pp. 95-96. 14 Cited and translated by Donaldson, Studies in Muslim Ethics, p. 70.. 4.

(19) Evolution of Islamic Ethics. None of you (truly) believes until he wishes for his brother what he wishes for himself.15 Let him who believes in Allah and the Last Day either speak good or keep silent, and let him who believes in Allah and the Last Day be generous to his neighbor, and let him who believes in Allah and the Last Day be generous to his guest.16 Righteousness is good morality and wrongdoing is that which wavers in your soul and which you dislike people finding out about.17 Do not envy one another; do not inflate prices one to another; do not hate one another; do not turn away from one another; and do not undercut one another, but be you, O servants of Allah, brothers.18. Ethics in Sufism The moral guidance of the Qur’Én and the ÍadÊth provided a foundation for the Muslims’ devotional and ethical practices. However, in the early period, there were those who were not content with the mere outward observance of the religious Law. They were more concerned with harmonizing the inner state of their souls with the external behavior required by the Law. In their reaction to excessive worldliness, they renounced the world and practiced asceticism. These ascetics were called nÉsik (pl. nussÉk). By the third or ninth century, the term ‘Sufi’ was used for this mystical movement.19 15. E. Ibrahim and D. Johnson-Davies (trans.), al-Nawawi’s Forty Hadith (Lahore, 1979), p. 56. This ÍadÊth was narrated by Muslim and al-BukhÉrÊ on the authority of Abu Hamza Malik bin Anas. 16 Ibid., p. 60. This ÍadÊth was narrated by Muslim and al-BukhÉrÊ on the authority of Abu Hurayrah. 17 Ibid., p. 90. This ÍadÊth was narrated by Muslim on the authority of alNawwas bin Siman. 18 Ibid., p. 112. This ÍadÊth was narrated by Muslim on the authority of Abu Hurayrah. Only the first part of the ÍadÊth is being quoted here. 19 See P. J. Awn, ‘The Ethical Concerns of Classical Sufism’, The Journal of Religious Ethics, (1983), pp. 240-263, p. 241f. See also Yasien Mohamed, “The Evolution of Early Islamic Ethics,” pp. 101-103.. 5.

(20) Ethics and Fiqh for Everyday Life: An Islamic Perspective. The early Sufis were preoccupied with moral purity and self-examination. They encouraged repentance and the rejection of the world’s distractions through abstention (zuhd), and poverty (faqr). Eventually, this ethical strain in Sufism developed into a systematic teaching of ethico-spiritual stations (maqÉmÉt) whereby a strict Sufi discipline emerged. The Sufi was poor (faqÊr) in the sense that he renounced the world as a zÉhid (pl. zuhhÉd), devoting himself to the ardent service of God. His struggle was not only against the world, but also against his lower self (nafs), which was the seat of all evil lusts. The annihilation of the individual ego was marked by absorption in God (fanÉ’).20 The Sufi al-×ussayn al-NËrÊ (296/908) asserted that Sufism was not primarily concerned with legal practices, but with morality and piety.21 The four main practices of self-discipline in Sufism were solitude, silence, hunger and sleeplessness. These were directed at reforming the individual, but they had to be complemented by the moral and social virtues of Islam. Good character became the condition and result of the religious life. It brings peace to the soul. It is brought about by discipline and training. Furthermore, good character is to endure difficulties, which ultimately come from God, and these pains are a test for man to purify his soul (self) and attain the pleasure of God. Good character is manifested through two main virtues: humility (tawÉÌuÑ) and selflessness (ÊthÉr). The true Muslim is humble and considers everyone else to be superior to him in faith. When the Divine Light shines in the believer’s heart, he becomes humble and obedient to God. Hence, those who are the nearest to God are the most humble. This quality makes them love to serve others in the hope of reward from God.22 Classical Islamic Discourse on Ethics Muslims have debated ethics for centuries. In the 1200s, for example, many scholars studied Ñilm al-akhlÉq. They focused 20. L. Massignon, “TaÎawwuf,” Encyclopedia of Islam, new ed. pp. 311-317. R. Levy, The Social Structure of Islam, (Cambridge, 1969), p. 212f. 22 T. J. Winter, (tr.) al-Ghazzali on Disciplining the Soul-Books 22 and 23 of the Revival of the Religious Sciences-IÍyÉ’ ÑUlËm al-DÊn (Cambridge, 1995). 21. 6.

(21) Evolution of Islamic Ethics. on issues related to personal character and the cultivation of such traits as wisdom and tolerance. They tried to determine the feelings and thoughts that a “good” person would have, as well as the actions he or she would perform. Some scholars wrote about the ideals that they believed should guide such practices as politics, medicine, and business. They typically presented their views in the form of a story or a letter of advice to someone entering a particular field. This form of discourse is indicated by the term adab.23 Among the classical disciplines, three stand out as essential for any discussion of ethics in Islamic tradition: falsafah24, kalÉm25, 23. The unifying theme of adab is reflection on the noble ideals that ought to inform the practice of stare-craft, medicine, business, and other activities important to society. Thus, the celebrated Seljuk vizier NiÐÉm al-Mulk (d. 1092) presents advice to rulers in his SiyÉsat nÉmah or "Rules for King." See The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito, Chief Editor (New York: Oxford University Press, 1995), vol. 1, p. 443. 24 The word falsafah is an Arabicization, which means “the work or pursuit of philosophers. See Murtada Mutahhari, Understanding Islamic Sciences, (London: ICAS Press, 2002), p. 12. It is, however, also used in a more specific sense as an abbreviation of the expression al-falsafah alislÉmiyyah, “Islamic philosophy.” See Michael E. Marmura, The Encyclopedia of Religion, “Falsafah.” For Ibn KhaldËn, however, the “sciences of philosophy and wisdom” are the intellectual sciences, which are natural to man, in as much as he is a thinking being. They are not restricted to any particular religious group. They are studied by the people of all religious groups who are all qualified to learn them and to do research in them. They have existed and been known to the human species since civilization had its beginning in the world. See Ibn KhaldËn, An Introduction to History: The Muqaddimah, translated from the Arabic by Franz Rosenthal, abridged and edited by N.J. Dawood, (London: Routledge & Kegan Paul Ltd., 1967), p. 371. 25 Ibn KhaldËn defines kalÉm as “a science that involves arguing with logical proofs in defense of the articles of faith and refuting innovators who deviate in their dogmas from the early Muslims and Muslim orthodoxy.” See Ibn KhaldËn, An Introduction to History: The Muqaddimah, p. 348. The fullest list of propositions about the origin of the term “kalÉm” was given by TaftÉzÉnÊ (d.793/1390) in his SharÍ al-ÑaqÉ’id al-nasafiyyah (“A commentary on the creed of Najm al-DÊn al-NasafÊ”) ed. NËr MuÍammad (Karachi, n.p., n.d.), 5. See Taufic Ibrahim and Arthur Sagadeev, Classical Islamic philosophy, translated from Russian by H. Campbell Creighton (Moscow: Progress Publishers, 1990), pp. 17-25.. 7.

(22) Ethics and Fiqh for Everyday Life: An Islamic Perspective. and fiqh.26 Ethics in Falsafah Falsafah, as developed by writers like al-FÉrÉbÊ (d. 339/950), Ibn SÊnÉ (d. 428/1037), and Ibn Rushd (d. 595/1198) takes aspects of the Greek philosophical tradition and develops them in relation to Islamic themes. For example, al-FÉrÉbÊ understood philosophy as a quest for personal excellence in moral character and intellect. He believed that anyone with enough intelligence and wealth could embark on this journey. Wisdom could come through deep concentration and years of inner struggle. Unlike Prophet MuÍammad (p.b.u.h.), who learned through divine inspiration, the philosopher toils to gain an understanding of moral law.27 Miskawayh (422/1030) was the first Muslim philosopher to write a systematic ethical treatise by combining Greek ethics with Islamic teachings. IsfahÉnÊ (443/1050) and NaÎÊir al-DÊn al-ÙËsÊ (673/1274) made similar attempts. Through IsfahÉnÊ, Islamic philosophical ethics was introduced into the Sunni Muslim world, and through al-ÙËsÊ, it was introduced into the Shi’ite Muslim world.28 In combining Greek ethics and Islamic tradition, Miskawayh’s TahdhÊb al-AkhlÉq (Refinement of Character) was pioneering in the field of Islamic philosophical ethics. It deals with subjects like the search for supreme happiness, domestic economy, the education of children, and the moral therapy to overcome sadness and the fear of death.29 Ethics in KalÉm KalÉm begins with a different set of interests and questions. Practitioners of kalÉm attempted to clarify religious teachings 26. Originally fiqh referred to deliberations related to one’s reasoned opinion, ra’y. Later the expression fiqh evolved to mean jurisprudence covering every aspect of Islam. It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The Methodology of IjtihÉd, (Delhi: Adam Publishers & Distributors, 1996), pp. 20-22. 27 The Islamic World: Past and Present, p. 148. 28 Yasien Mohamed, “The Evolution of Early Islamic Ethics,” p. 121. 29 M. Arkoun, ‘Miskawayh,’ Encyclopedia of Islam, new ed., Vol. 7, p. 143.. 8.

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

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(25) !". (7 :) -'() !*+ $%,. “He it is Who created the heavens and the earth in six days…that He might try you, which of you is best in conduct.”33. It would be unjust for God to impose such a trial unless there is a fair chance for humanity to acquit the self; and so God has given all humanity the ability to discern which acts are 30. Theological refers to the study of the nature, qualities, and will of God. The Islamic World, p. 148. 32 The MuÑtazilah advocated the application of analogy (qiyÉs) and allegorical interpretation (ta’wÊl) to the ambiguous texts of the Scripture. They allowed the use of Greek dialectical methods, without questioning in the least the validity of the sacred texts. Their task consisted partly in the elucidation of these texts, partly in the rebuttal of anti-religious arguments or the defense of Islam against its enemies, Manicheans, Jews, Christians, or atheists. By virtue of its rationalism, this group could undoubtedly be regarded as pro-philosophical. See Majid Fakhry, Philosophy, Dogma and the Impact of Greek Thought in Islam. (Aldershot, Hampshire: Variorum, 1994), p. 3. 33 A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, SËrah HËd: 7. 31. 9.

(26) Ethics and Fiqh for Everyday Life: An Islamic Perspective. blameworthy and which are worthy of praise. God has also given the humans the capacity to choose which acts to perform. For the MuÑtazilah, the ability to discern is based on a combination of rational reflection and intuition.34 A contrary position was developed by the AshÑariyyah.35 Al-AshÑarÊ (d. 324/935), the founder of the AshÑariyyah, focused his kalÉm on the notion that nothing happens apart from God's will. Notions of moral intuition and human responsibility are secondary to the affirmation of the majesty and power of God. Against the MuÑtazilah, al-AshÑarÊ rejected rationalist ethics and held that man is incapable of understanding the logic of both good and evil as these are derived from God. God relates what is good and what is bad to the world due to His generosity. When human beings perform praiseworthy or blameworthy acts, they do so by God’s will. Further the AshÑarite position is that the only way for human beings to distinguish between good and evil is through reading and interpreting revealed texts, in particular the Qur’Én and sound accounts (aÍÉdÊth) of Prophet MuÍammad’s words and deeds.36 On the question of free will, Islam takes an intermediary position—that humans are neither completely free nor completely controlled.37 Human beings are free in some matters and predetermined in others.38 What is important to keep in 34. The Oxford Encyclopedia of the Modern Islamic World, John L. Esposito, Chief editor (New York: Oxford University Press, 1995), vol. 1, p. 443. 35 AshÑariyyah represents a school of classical SunnÊ thought led by Abu’l×asan al-AshÑarÊ (d. 324/935). A former MuÑtazilite, he worked out a compromise between the literalist dogmatism of Ibn-×anbal and the MuÑtazilite theoretical speculation of human responsibility and free will by means of his Qur’Énic notion of kasb (acquisition). See W. M. Watt, The Formative Period of Islamic Thought, (Edinburgh: Edinburgh University Press, 1973), pp. 189-195, wherein he indicates that the idea of kasb seems to originate with ÖirÉr ibn-ÑAmr, as al-AshÑarÊ seems to acknowledge. 36 The Oxford Encyclopedia of the Modern Islamic World, pp. 443-444. 37 For this point, see the detailed discussion of MuÑtazilah and AshÑariyah in A History of Muslim Philosophy, edited by M. M. Sharif, (Delhi: Low Price Publications, 2004). 38 Matters like blinking of our eyes and perspiring under exertion and extreme heat are not under our control; in addition, things like our skin color, height, the event of our birth in a certain family and our death at a=. 10.

(27) Evolution of Islamic Ethics. mind is that some examination of the question of human free will is connected with the Islamic concept of good and bad. When Muslims act against a divine code, the violation of which is attached with punishment, the question of whether they could really obey the rule by which they are judged is obvious and inevitable, since if they could not, it seems contrary to justice to punish them. Ethics in Fiqh The field of fiqh (Islamic jurisprudence) also includes discussions of ethics. Fiqh deals with laws and the principles on which laws are based. Literally, the term indicates “comprehension”; in this context, fiqh has to do with the concern to comprehend divine guidance. In his famous RisÉlah, al-ShÉfiÑÊ (d. 204/820) indicates that the concern of fiqh is to discern that guidance "whereby no one who takes refuge in it will ever be led astray.”39 The great contribution of al-ShÉfiÑÊ and other practitioners of fiqh lies in their development of a model of reasoning by which human beings could comprehend divine guidance.40 They considered the Qur’Én and Sunnah41 the most important sources for comprehending God's law. They also described the methods of reasoning, such as the use of qiyÉs (analogy), that could promote Islamic ideals and balance the notions of duty with concern for the general welfare.42 Other approved types of reasoning include ra’y (juristic =certain time are beyond our control. Whether we jump in fire or not is under our control. Similarly, we are free to choose how to act in and react to situations and matters that concern our lives. The best that we should try to do on this matter is to think about it in the context of the master plan of creation that Allah has for this world. In matters of morality—of deciding on virtue and vice—we have been given choices and freedom; hence we are accountable for our actions. However, our responsibility and accountability are related to human nature. Our freedom is only to the extent Allah has permitted us to play our role in this worldly life. 39 Cited in The Oxford Encyclopedia of the Modern Islamic World, p. 444. 40 Ibid. 41 Sunnah is the way of life of the Prophet, consisting of his sayings, actions and silent approvals. 42 The Islamic World, p. 148.. 11.

(28) Ethics and Fiqh for Everyday Life: An Islamic Perspective. opinion), istiÍsÉn (juristic preference), and istiÎlÉÍ, a type of reasoning concerned with balancing notions of duty with considerations of the general welfare. Finally, the judgments of individual scholars are regulated by the notion of ijmÉÑ (consensus), referring either to the consensus of scholars or to the common sense of the Muslim community.43 Modern scholars routinely draw from earlier theories when writing about morality. Muslim fiqh scholars often make legal judgments based on precedents, or examples set by medieval44 ethicists. Their work sometimes reflects a dialogue between themselves and a scholar of the past.45 The publications of authors like ÙÉÍÉ ×ussayn (d. 1973) and Naguib Mahfouz (d. 2006) might be construed as adab, for example. Indeed, in some cases, Muslim writers see themselves as continuing specific conversations that originated in the classical period. This is most clear in the case of fiqh, which for a variety of reasons came to have pride of place among the genres associated with ethical concern. Much SunnÊ discourse assumes that judgments about human activity are a matter of discerning about human activity interpreting the texts and employing the modes of reasoning developed in the classical theory of uÎËl alfiqh or the “sources of jurisprudence.” The fatÉwÉ or opinions issued on the basis of uÎËl al-fiqh by famous al-Azhar jurists like MuÍammad ÑAbduh (d. 1905) and MuÍammad RashÊd RiÌÉ (d. 1935) have this character, as do many current pronouncements on issues of state policy, medical practice, and the like. Such judgments take place in response to specific cases brought before a scholar, who then makes a judgment in relation to authoritative texts, approved modes of reasoning, and the precedents set by other scholars of fiqh.46 At the same time, important SunnÊ scholars have argued that the political and social situation of Muslims in the modern world call for reforms not only in forms of government or 43. The Oxford Encyclopedia of the Modern Islamic World, p. 444. Medieval refers to the Middle Ages, a period roughly between 500 and 1500 CE. 45 The Islamic World, p. 148. 46 The Oxford Encyclopedia of the Modern Islamic World, p. 444. 44. 12.

(29) Evolution of Islamic Ethics. patterns of investment, but also in religious thought. In his RisÉlah al-TawÍÊd (Theology of Unity),47 MuÍammad ÑAbduh attempts to find a middle way between the MuÑtazilah and AshÑariyyah on the place of human moral intuition and revealed texts in matters of ethics. For ÑAbduh, moral intuition is sufficient to establish the first principles of morality and also to work out the implications of morality for social and political life. Revelation is necessary to indicate religious obligations, however; and since most human beings require the encouragement provided by “the promise and the threat” associated with the Day of Judgment as a motive to adhere to moral law, true religion plays an important part in the moral and political life of human societies. A position similar to ÑAbduh’s was developed by the Indian Sayyid AÍmad KhÉn (d. 1898). In either case, the revisiting of the relationship between kalÉm and fiqh provides a way of thinking about ethics that is less tied to the AshÑarite emphasis on the limits of human reasoning that was characteristic of SunnÊ thinking through the centuries.48 For MawdËdÊ (d. 1979), the ethical viewpoint of Islam holds the key to all problems, to the transformation of individual and social life, and to the rebirth of dynamic Islam. He summarizes his thoughts as follows: It is high time now that we should look about for a satisfactory basis of moral life. This kind of search is by no means a logical hair-splitting, but a practical necessity of life…The conclusion to which I have been led is that there is only one correct basis for morality and that basis is supplied by Islam. Here we get an answer to all the basic ethical questions and the answer is free from the defects noticeable in philosophic replies and untainted by other religious creeds, which create neither firmness and integrity of character nor prepare man to shoulder the immense responsibilities of civilized life. Here we find a moral guidance, which can lead us to the highest virtue 47. See MuÍammad ÑAbduh, RisÉlat al-TawÍÊd (The Theology of Unity), Translated from the Arabic by IsÍÉq MusaÑad and Kenneth Cragg, (Kuala Lumpur: Islamic Book Trust, 2004). 48 The Oxford Encyclopedia of the Modern Islamic World, p. 444.. 13.

(30) Ethics and Fiqh for Everyday Life: An Islamic Perspective. in every department of life. Here we do find ethical principles on which the edifice of a truly righteous civilization can be raised and which, if taken as the basis of individual and communal conduct, can save human life from the anarchy, which has overtaken it today.49. The fundamental underlying principle of Islam as presented by MawdËdÊ is theistic subjectivism; this view is similar in certain respects to the perspective of the medieval AshÑarites. MawdËdÊ finds the existence of many and divergent points of view to be the source of evil and chaos in society. Man is not to make decisions by himself regarding the badness or goodness of the rules.50 Among ShÊÑÊ scholars, fiqh also assumes first position among the classical genres associated with ethics. In centers of learning like Najaf in Iraq and Qom in Iran, contemporary scholars stress the importance of precedent and legal reasoning in ways that are comparable to those of the SunnÊ scholars. The ShÊÑÊ tradition is distinct, however, in regard to uÎËl al-fiqh, and even more on the relationships between fiqh, kalÉm, and falsafah. In particular, the historic position of ShÊÑah on justice (al-Ñadl) has important affinities with MuÑtazilite kalÉm, in which the rational capacities of human beings in matters of moral discernment are emphasized. The related emphasis in fiqh on Ñaql (reason/intellect) as one of the sources by which human beings comprehend divine guidance constitutes an important difference between ShÊÑÊ and SunnÊ approaches to ethics.51. 49. Sayyid Abul Ala MawdËdÊ, The Ethical Viewpoint of Islam, (Lahore: Markazi Maktaba Jama’ah al-IslÉmÊ, 1947), pp. 29-30. 50 Sheila McDonough, p. 61. 51 The Oxford Encyclopedia of the Modern Islamic World, p. 445.. 14.

(31) CHAPTER TWO EVOLUTION OF FIQH The evolution of fiqh1 over the ages is the topic of discussion in this chapter. The study examines the term fiqh from various aspects to show how this word or its derivation has been used in the Qur’Én and the Sunnah.2 The meanings of fiqh and SharÊÑah3 and the subtle distinction between the two are discussed. The chapter talks about the stages of development of fiqh, the first attempts to compile fiqh, the periods of the great ImÉms4, the types of compilation of fiqh, the beginning of the rigidity of the madhÉhib5, the compilation of aÍÉdÊth, the. 1 2. 3. 4 5. Fiqh is the understanding and application of SharÊÑah (divine law). See below discussion under the title: “The Meaning of Fiqh.” Sunnah is the way of life of the Prophet, consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one. SharÊÑah is the corpus of general principles of Islamic law extracted from its two fundamental sources, the Qur’Én and the Sunnah, while also using other main sources (ijmÉÑ and qiyÉs) and secondary ones like istiÍsÉn, istiÎlÉÍ, istiÎÍÉb, ‘urf etc. ImÉm literally means a leader, but Islamically it refers to one who leads a congregation in prayer or an outstanding scholar. Madhhab (pl. madhÉhib) is a school of thought. The four main schools of thought of the SunnÊ sect (mainstream Islam) are the ×anafÊ, MÉlikÊ, ShÉfiÑÊ and ×anbalÊ schools of thought, named after their founders. However, the majority of the ShÊÑah, who are also known as ShÊÑah alImÉmiyyah al-IthnÉ ÑAshariyyah (i.e., the Twelver ImÉmÊ Shi’ites) follow the JaÑfarÊ school of thought..

(32) Ethics and Fiqh for Everyday Life: An Islamic Perspective. organization of fiqh into uÎËl6 and furËÑ, the sources of Islamic law, the compilation of fiqh, the concept of taqlÊd (the blind following of a madhhab), the reformers who encouraged ijtihÉd7, and finally the efforts that have been made toward codification of Islamic law. The chapter concludes with a note that re-establishing Islam as the supreme guide in the daily lives of Muslims is achievable only by the revival of a dynamic fiqh.8 Meaning of Fiqh The original meaning of fiqh is the understanding and knowledge of something. In this sense, fiqh and fahm are synonymous.9 It implies an understanding of Islam in a general way or what a prudent person is likely to conclude from obvious evidences.10 The word has been used in the Qur’Én in several instances.11 The same meaning is reflected in the words of the Prophet.12 The term Ñilm (knowledge) also gives the same meaning, and in the time of the Prophet, there appeared to be no difference in the two terms. Later, as sophistication crept in, the term Ñilm came to be applied in a narrow sense to mean knowledge that comes from reports, that is, from traditions such as ÍadÊth and ÉthÉr13. The term fiqh, on the other hand, came to 6. UÎËl (sing. AÎl): The fundamental principles of any science or field of study. For example, UÎËl al-Fiqh are the principles by the use of which the mujtahid arrives at the legal rules through the specific evidences. The furËÑ refer to the secondary principles. 7 IjtihÉd is the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue. 8 See Abu Ameena Bilal Philip, The Evolution of Fiqh (Riyadh: International Islamic Publishing House, 1996). This extremely readable and lucid work has been a guide throughout the work. 9 Ahmed Hasan, The Early Development of Islamic Jurisprudence (Delhi, 1994), p. 1. 10 Imran Ahsan Khan Nyazee, Theories of Islamic Law (Delhi, 1996), p. 20. 11 For example: “What hath come to these people that they fail to understand a single fact.” (Translation al-Qur’Én, SËrah al-NisÉ’: 78), and “They have hearts wherewith they understand not.” (Translation al-Qur’Én, SËrah al-ÑAÑrÉf: 179). 12 For example: “He for whom Allah wills His blessings is granted the understanding of dÊn.” (ØaÍÊÍ Muslim: KitÉb al-AmÉrah) 13 ÓthÉr: deeds and precedents of the Companions of the Prophet (p.b.u.h.).. 16.

(33) Evolution of Fiqh. be used exclusively to mean knowledge of the law. Fiqh, by its very definition, involves the exercise of one’s intelligence and personal thinking. The Companions of the Prophet who gave legal judgments and were noted for exercising intelligence in their decisions were known as fuqahÉ’.14 It is interesting to note that fiqh could perhaps even cover the meaning of asceticism in the early period. It is reported that ×asan al-BaÎrÊ said that a real faqÊh is a person who despises the world, is interested in the hereafter, possesses a deep knowledge of religion, is regular in his prayers, pious in his dealings, refrains from disparaging Muslims and is a well-wisher of the community.15 The terms ‘ilm and fiqh were separated when the specialization in law and tradition came into existence toward the end of the first century Hijrah.16 Similarly, the terms kalÉm17 and fiqh were not separated till the time of al-Ma’mËn (d. 218 AH). Fiqh, till such time, embraced both theological problems and legal issues. AbË ×anÊfah (d. 150 AH) defined fiqh as “a person’s knowledge of his rights and obligations.”18 The subject of kalÉm was introduced for the first time by the MuÑtazilah19 as an independent science, when Greek works on philosophy were rendered into Arabic during the time of al-Ma’mËn.20 From this. 14. Ahmed Hasan, The Early Development of Islamic Jurisprudence, Delhi, 1994, p. 5. 15 Al- GhazÉlÊ, op. cit., vol. 1, p. 39. Cited in Ahmed Hasan, p. 3. 16 ×ijrah refers to the Prophet’s migration from Makkah to Madinah, signifying the beginning of the Islamic calendar. See also Ahmad Hasan, p. 3, and Nyazee, p. 21. 17 KalÉm: lit. Speech, but often used as abbreviation for Ñilm al-kalÉm, that is, theology and dogmatics. 18 See Sadr al-SharÊ‘ah (d. 747 AH), al-TawÌiÍ fÊ ×al JawÉmid al-Tanqih, (Karachi, 1972), p. 22. Cited in Nyazee, p. 21. 19 The philosophical school of thought commonly called rationalism. This school was founded by WÉsil ibn ‘AÏÏÉ and ‘Amr ibn ‘Ubayd during the 8th century CE. It later became the official philosophy of the ‘Abbasid state and an inquisition was instituted in order to force all scholars to abide by it. Caliph Mutawakkil (1177-1192 CE) abandoned it and lifted the inquisition. 20 Al-ShahristÉnÊ, al-Milal wa al-NiÍal, vol. 1, (Cairo, 1317 AH), p. 32. Cited in Ahmed Hasan, p. 4.. 17.

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

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(39) Evolution of Fiqh. “Then We put you on a straight path in your affairs; so follow it and do not follow the desires of those who have no knowledge.”22. Islamically, however, it refers to the sum total of Islamic laws revealed to Prophet Muhammad (p.b.u.h.), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah).23 Distinction between Fiqh and SharÊÑah It is often found that the terms fiqh and SharÊÑah are used interchangeably. The definitions of the two terms explained above indicate that the term SharÊÑah has a wider meaning than fiqh. The main distinctions between these two terms are as follows: 1. SharÊÑah is the law itself, while fiqh is the knowledge of that law—its jurisprudence. 2. SharÊÑah is fixed and unchangeable, whereas fiqh changes according to the circumstances under which it is applied. 3. The laws of SharÊÑah are, for the most part, general and lay down basic principles. In contrast, the laws of fiqh tend to be specific and demonstrate how the basic principles of SharÊÑah should be applied in given circumstances. The Stages of Development of Fiqh As a body of knowledge, fiqh has developed through the following stages: The First Stage The first stage in the development of fiqh covers the era of the Prophet (609-632 CE), during which the only source of Islamic law was divine revelation in the form of either the Qur’Én or the Sunnah. The Qur’Én represented the blueprint for the Islamic way of life, and the Prophet’s application of the blueprint in his 22. A. Yusuf Ali, The Holy Qur’an: Text, Translation and Commentary, (Maryland: Amana Corporation, 1989), SËrah al-JÉthiyah: 18. 23 Muhammad Shalabee, al-Madkhal fÊ al-TaÑrÊf bi al-Fiqh al-IslÉmÊ, Beirut, 1969, p. 28. Cited in The Evolution of Fiqh, p. 2.. 19.

(40) Ethics and Fiqh for Everyday Life: An Islamic Perspective. Sunnah acted as a detailed explanation of the general principles outlined in the Qur’Én.24 The various sections of the Qur’Én were generally revealed to solve the problems which confronted the Prophet and his followers. A number of verses were direct answers to the questions raised by people during the era of prophethood.25 A number of other verses were revealed due to particular incidents, which took place during the era of the Prophet. The same was the case of Islamic legislation found in the Sunnah, much of which was either the result of answers to questions, or were the pronouncements made at the time the incidents took place. This approach was more easily acceptable to the freedom-loving Arabs who understood the laws since the reasons and context of the legislation would be known to them. The revelations during the Makkan period26 (609-622 CE) were mainly concerned with the building of faith, in order to prepare the early converts for the difficult task of establishing the social order of Islam. The general contents of the Qur’Én dealt with al-TawÍÊd (Allah’s unity), Allah’s existence, the next life, the incidents of people of the old, prayers, and a challenge to the Arabs to imitate the style of the Qur’Én.27 It was during the MadÊnan period28 (622-632 CE) that the majority of the social and economic laws of the SharÊÑah were revealed. The basis of legislation in the Qur’Én was that of human reformation. As such, beneficial human customs and practices were recognized and incorporated into the body of divine legislation. Qur’Énic legislation incorporated the principles of removal of difficulty, reduction of religious obligations, and realization of public welfare and universal justice. This period marked the beginning of the evolution of fiqh and it was during 24. al-Madkhal, p. 50. Cited in The Evolution of Fiqh, p. 5. Many of these verses actually begin with the phrase “They ask you about….”, for example 2:217, 2:219 and 2:222. 26 This period started with the beginning of the prophethood in Makkah and ended with the Prophet’s Hijrah to the city of MadÊnah. 27 al-Madkhal, pp. 51-55. Cited in The Evolution of Fiqh, p. 9. 28 The Hijrah marked the beginning of this period and the death of the Prophet in 632 CE. 25. 20.

(41) Evolution of Fiqh. this period that the foundations for the science of deducing laws from the Qur’Én and the Sunnah were laid by the Prophet (p.b.u.h.). The Second Stage The second stage represents the era of the Righteous Caliphs from the death of the Prophet (p.b.u.h.) to the middle of the 7th century CE (632-661). With the expansion of the borders of the Islamic state, Muslims were exposed to totally new systems, cultures, and patterns of behavior, for which specific provisions were not to be found in the laws of the SharÊÑah. To deal with the new problems, the Righteous Caliphs relied on ijmÉÑ29 and ijtihÉd, in which they had been trained by the Prophet. They established procedures, which later became the basis for legislation in Islam. In order to find the solution to new problems, the first step would be to search for a specific ruling on the problem in the Qur’Én. In the absence of a provision, a search for it would be made in the Sunnah. If still no answer was found, a meeting of the main companions of the Prophet would be called to arrive at an ijmÉÑ. If there was no ijmÉÑ, the position of the majority was taken. Finally, if the differences were so great that a majority opinion could not be determined, the Caliph would then make his own ijtihÉd, which would consequently become law. There were some distinguishing features of fiqh during this period. It was free from factionalism. It was based on actual problems rather than imaginary ones. As a general practice, personal interpretation of the SharÊÑah was avoided. Some laws of the SharÊÑah were modified, either owing to the disappearance of the reason for the law’s existence, or a change in the social conditions. The unified approach to fiqh prevented the rise of madhÉhib.. 29. IjmÉÑ is the unanimous agreement of the companions of the Prophet (p.b.u.h.), or scholars in general, on a point of Islamic law.. 21.

(42) Ethics and Fiqh for Everyday Life: An Islamic Perspective. The Third Stage The third stage covers the rise and fall of the Umayyad dynasty30, covering a period of about a century, extending from the death of the Righteous Caliph ÑAlÊ ibn AbÊ ÙÉlib in 661 CE and the founding of the dynasty until the last of the Umayyad Caliphs around the middle of the 8th century CE. This period is significant in the historical development of fiqh and madhÉhib. The period was marked by great social unrest, dividing the Ummah31 into various sects and factions. The caliphate was converted into a kingship. Many new practices which were common in the non-Islamic states of that time, such as Byzantium, Persia, and India were introduced32, and scholars fled to outlying areas in order to avoid conflict and confusion.33 The socio-political changes caused a number of sects and factions to appear. The ShÊ’ah34 and the KhawÉrij35 rebelled, and later developed their own particular systems of fiqh.. 30. The Umayyads were in power for approximately one century, extending from the death of the last of the Righteous Caliphs, ÑAlÊ ibn AbÊ ÙÉlib in 661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph MuÑÉwiyah ibn AbÊ Sufyan, until the last of the Umayyad Caliphs around the middle of the 8th century CE. 31 Ummah: Literally means “nation,” but commonly used to mean the Muslim nation, which has neither geographic boundaries nor a national language. 32 The central treasury (Bayt al-MÉl) was turned into the personal property of the Caliphs. Taxes not sanctioned by Islam were introduced. Music, dancing girls, magicians, and astrologers were introduced as forms of amusement in the court of the Caliph. See The Evolution of Fiqh, p. 46. 33 al-Madkhal, pp. 121-122. Cited in The Evolution of Fiqh, p. 45. 34 The term is applied to a variety of dissident groups united by their belief that the Prophet’s nephew and son-in-law, ÑAlÊ ibn AbÊ ÙÉlib and his descendents, were divinely appointed to lead the Muslims, spiritually and politically. 35 The part of the army of ‘AlÊ ibn Abi ÙÉlib that broke off during the battle of ØiffÊn (657 CE).. 22.

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

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(45) 6 ; !*16 @ .+ .16 *1>?13 .61 +. (72 :FG+). “We offered the trust unto the heavens and the earth and the hills, but they shrank from bearing it and were afraid of it. And man assumed it. He was indeed tyrannous and ignorant.”1 1. A. Yusuf Ali, The Holy Qur’an: Text, translation and commentary, (Maryland: Amana Corporation, 1989), SËrah al-AÍzÉb: 72..

(46) Ethics and Fiqh for Everyday Life: An Islamic Perspective. Man is a special creation of Allah (s.w.t.), Who created him as His vicegerent (khalÊfah) and has created everything else in the universe for his service. Everything in the creation is a trust (amÉnah) from Allah (s.w.t.) to man, and as the khalÊfah of Allah (s.w.t.) on earth, man has been assigned a duty to establish a peaceful society and civilization on earth. This understanding of man’s role as khalÊfah of Allah on earth and the use of its resources by him as Allah’s amānah to him gives a much deeper meaning to the concept of ownership in Islam. It implies that ownership in the Islamic society, whether private or public, is not absolute. Resources are only an amānah whose actual owner is Allah (s.w.t.). Whatever one owns is actually what one holds in trust and must be used to achieve just ends. From this goal-oriented utilization of resources emerges a whole dynamic of business ethics with social responsibility, respect for private property, dignity of labor and its fare share in production, and one’s duty to earn one’s living with honesty and dignity. Accountability, honesty, transparency, conscientiousness, and perfection of action (itqÉn) are all parts of amÉnah. The concept of amÉnah makes human life more meaningful because this puts him squarely charged with creating a moral social order. Thus, it provides him with the opportunity to demonstrate his ability to be the khalÊfah of Allah on earth. The concept of amānah determines the individual’s relationship with the family, society, state and government. Man is attached to these institutions both materially and spiritually. Amānah establishes man’s responsibility toward his immediate kin, such as parents, children, spouse, and other relatives and socio-political institutions. The concept resolves the issues pertaining to the rights and responsibilities of individuals in every facet of life. One person’s right is another person’s responsibility: it is a huge contract that an individual has with his society, with the animal world, with the plant world, and with the overall environment. In the family, the man and woman are entrusted with the amānah of cultivating the talent and abilities in a constructive way, and of providing maintenance, care, education and good 24.

(47) Al-AmÉnah (Trust). treatment to the family members. The Qur’Én reminds mankind that when a person does anything to please Allah (s.w.t.) and fulfills the amānah, it would ultimately bring good to himself/herself. In defining the individual’s relationship with society, the Qur’Én declares the concept of amānah as the cornerstone to the establishment of institutions to govern society under a just socio-political order. The Qur’Énic verse 58, SËrah al-NisÉ’ is a very significant one from the perspective of the governance of society. Addressing the believers, the verse commands them to render amÉnah (trust) to whom it is due, and when judging between people, to do so with justice. *& $ %+ ; . " 4 ; 6 ,JK$ * $%!!L0 A

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(51) 6 (58 : ) -B N& B/ “Verily! Allah 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 (Allah) gives you! Truly, Allah is Ever All-Hearer, All-Seer.” (4: 58). The occasion surrounding the revelation of this verse and the Prophet’s explanation of this verse are very significant. This verse was revealed immediately after the liberation of Makkah from idol-worship and the injustices committed by the Arabs. Following the liberation, ‘Abbas, the Prophet’s uncle, demanded the key of the Ka‘bah from the clan BanÊ ‘Abd alDÉr who were not yet Muslims. The Prophet granted the request. This verse was then revealed. Consequently, the Prophet returned the key to ‘UthmÉn ibn AbÊ ÙalÍa and his cousin Shaybah ibn ‘UthmÉn, the two representative figures of BanÊ ‘Abd al-DÉr. The rationale behind this act was that the clan was traditionally maintaining the trust of the people with the key and had been providing the necessary services to pilgrims, and therefore, there was no need to deprive them of. 25.

(52) Ethics and Fiqh for Everyday Life: An Islamic Perspective. this responsibility. The verse was followed by guidance for the believers on leadership and governance of society: ...$%6 Q =! 1!/ O AR 1!/P O ... (59 : ) “…follow Allah, follow the Prophet, and those from among you who have been entrusted with authority….” (4: 59). The Qur’Énic concept of amānah and its implication on society must be understood in the light of this verse and others quoted above.2 The core purpose of man’s creation is to perform ÑibÉdah to Allah without association and the fulfillment of amānah (trust) is a form of ÑibÉdah. To sum up, the term “amÉnah” denotes the following meanings: To fulfill one’s responsibilities towards Allah and His creation (human beings, animals and nature or the environment). To be honest and sincere in doing things. To keep deposits properly and use them according to the terms and conditions of the owner. Significance of AmÉnah It is noteworthy to state here that keeping amÉnah is considered by the Messenger of Allah (p.b.u.h.) as a sign of ÊmÉn (faith), while breaching it is a sign of hypocrisy. The Messenger of Allah (p.b.u.h.) used to remind his companions of this fact at all times. Anas Ibn MÉlik reported:

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(57) , &6 6&O :=S 5 *& M6 *). .(J+ J6) "!A J.) D * * J D !A 6 D * * ; D" :=S. 2. For a detailed discussion, see MuÍammad al-ÙÉhir ibn ‘ĀshËr, Tafsīr alTaÍrÊr wa al-TanwÊr, (Tunis: al-DÉr al-TËnisiyyah, 1984), vol. 2, pp. 91102. Perhaps Ibn ‘Āshur’s analysis of the verses 4, pp. 58-59 is one of the most comprehensive and insightful. It should be noted that Ibn Taymiyyah’s al-SiyÉsah al-Shar‘iyyah fī IÎlÉÍ al-RāÑī wa al-Ra‘iyyah and al-Māwardi’s al-AÍkÉm al-SulÏÉniyyah wa al-WilÉyāt al-Dinīyyah focused only on verse 4, p. 59.. 26.

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