Justice and Compassion: Ethics and Our Responsibilities

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Details of Fatwa
Title of FatwaJustice and Compassion: Ethics and Our Responsibilities
Date of Reply23/Apr/2005
Topic Of FatwaJudiciary & Police Systems
Country Applied Canada
Question of FatwaDear scholars, As-Salamu `alaykum. Could you please shed light on the nature of Shari`ah and to what extent it differs from man-made law? Also, what are our responsibilities towards Allah’s laws? Jazakum Allah khayran.
Name of Mufti Muzammil Siddiqi
Content of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

First of all, we would like to say that we are impressed by your question which emanates from a thoughtful heart. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.

Shari`ah is the law of Allah. It shows the Muslim how to remain a Muslim. It is the only course that really organizes the life of both individuals and communities. It shows man how to obey his Creator and how to behave in front of his fellow human beings, Muslims and non-Muslims.

Almighty Allah says: (And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so follow it, and follow not the whims of those who know not. Lo! they can avail thee naught against Allah. And lo! as for the wrong doers, some of them are friends of others; and Allah is the Friend of those who ward off (evil). This is clear indication for mankind, and a guidance and a mercy for a folk whose faith is sure.) (Al-Jathiyah 45: 18-20)

As regards your question, we would like to cite what Dr. Muzammil H. Siddiqi, President of the Fiqh Council of North America, and former President of the Islamic Society of North America, stated in his khutbah at the Islamic Society of Orange County, California, USA on 14 Rajab 1424/12 September 2003:

Almighty Allah says: (Surely Allah enjoins justice, kindness and doing of good, to kith and kin, and forbids all that is shameful, evil and oppressive. He exhorts you so that you may be mindful.) (An-Nahl 16:90)

This verse is known as the most comprehensive verse of the Qur’an. It summarizes basic Islamic principles and values: `adl (justice) and ihsan (compassion). These should be the over-riding principles for everything that we say and everything that we do, individually or collectively.

Ethics and the Secular Laws

In the secular legal systems, the law and ethics are not necessarily inter-related. People sometimes fulfill laws but they are not necessarily ethical people. Sheldon Amos in his book The Science of Law says: “A man may be a bad husband, a bad father, a bad guardian without coming into conflict with rules of a single law.” Laws are best understood formally as a system of orders, commands, and rules enforced by some authority. Laws are fulfilled by outward compliance of the rules, even when someone hates those rules and the authority that has given those rules.

The Nature of Shari`ah

Shari`ah is the law of Allah. It is different from laws in the common sense of the word. Shari`ah is the law that is based on ethics. Its basic values are permanent and universal. Shari`ah deals with the outward and inward. The rules of Shari`ah cannot be fulfilled without sincerity, true intention, love, and respect of the law and the Law-Giver, Allah.

The Purpose of Shari`ah

The purpose of Shari`ah is to make good persons and a good society. Its whole objective is ethical and moral. Shari`ah establishes what is good and beautiful. If something is not moral (good and beautiful), it is not part of the Shari`ah. It is also impossible to fulfill the Shari`ah without becoming a good person. A society that establishes the Shari`ah must become a good and beautiful society. It is impossible to have a society compliant to Shari`ah and have injustice, ugliness, and evil in it. It is also impossible to have a good Muslim who is unjust, unfair, unfaithful, and immoral.

Ibn Al-Qayyim in his famous book of fiqh says: “The Shari`ah is founded and based on wisdom and the benefit of people in this life and in the eternal life. Shari`ah is altogether justice, mercy, benefits, and wisdom. Any rule that departs from justice to oppression, from mercy to its opposite, from benefit to harm, and from wisdom to uselessness, is not from the Shari`ah, even if it is included in Shari`ah by interpretation.”

Objectives or Basic Values (Maqasid) of Shari`ah

Scholars say that the Shari`ah has basic values or objectives. They identify them as follows:

1. `Adl and qist - justice and equity

2. Huquq - rights and obligations

3. Shura - consultation

4. Masalih - public interest

5. Falah - success (in this world and in the Hereafter)

The purpose of Shari`ah is to protect and promote:

1. Din - Religion

2. Nafs - Life

3. Nasl - Progeny or Family

4. `Aql - Intellect

5. Mal - Property or wealth

These basic values are further divided into: darurat (necessities), hajat (needs) and tahsinat (complementary ease or felicity).

When we practice the rules of Shari`ah we must keep in mind the objectives of Shari`ah. Very often we follow the rules but we ignore and overlook the spirit and real purpose of the rules.

1. For example the Qur’an speaks about taharah (purification), ghusl (purificatory bath) and wudu’ (ablution). We take these rules and apply them, but we do not take the objective of cleanliness very seriously.

2. We pray in jama`ah (congregation), but we have not learned the system of organization from our salah.

3. We give zakah, but we have not been able to establish a system of social justice.

4. We go to Hajj, but we have not been able to develop a unified Ummah, a community that transcends nationalistic divisions.

5. We recite the Qur’an many times, but we do not try to understand its meaning and message.

6. We talk of the Sunnah of the Prophet (peace and blessings be upon him) but mostly related to some appearances. We pay little attention to Prophet’s character of love, kindness, honesty, truthfulness, sincerity, fulfilling the promises, etc.

Our Responsibility

It is our responsibility to know the rules of Allah and put them into practice with sincerity. But before anything we should ask ourselves: Are we really practicing justice? Are we really fair to others, to our spouses, to our relatives, to our neighbors, employees, employers, to Muslims, to other human beings, to animals, to anything and everything? Are we really compassionate people? Are we really increasing in compassion or are we becoming angry, hateful, arrogant, or complacent about ourselves? We must improve ourselves in justice and compassion. If we do not have `adl and ihsan or rahmah (mercy), then we are not practicing the Shari`ah. Similarly, if we think that we are following the law of Allah but the result is injustice and lack of compassion, then it means that we have not properly understood the law of Allah or we are not interpreting it right.
Excerpted, with slight modifications, from: http://pakistanlink.com/religion.html

Allah Almighty knows best.





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