© The Author(s) 2015
Mohammed Ali Al-Bar and Hassan Chamsi-PashaContemporary Bioethics10.1007/978-3-319-18428-9_33. The Origins of Islamic Morality and Ethics
(1)
Medical Ethics Center, International Medical Center, Jeddah, Saudi Arabia
(2)
Department of Cardiology, King Fahd Armed Forces Hospital, Jeddah, Saudi Arabia
The Objectives of the Religious Law (The Shari’ah)
The Value of Man
Islam differs from many other religions in providing a complete code of life. It encompasses the secular with the spiritual, the mundane with the celestial. Man is the vicegerent of God on earth “Behold thy Lord said to the Angels: I will create a vicegerent (khalifa) on earth” (Q. 2:30). He endowed Adam with knowledge of all things, as the Qur’an relates: “And He taught Adam the names-all of them” (Q. 2:31). The Angels had no knowledge of those things. Accordingly, Adam was on a higher level than the angels. It was for this reason that God commanded the angels to bow in obeisance for Adam: We said to the Angels prostrate before Adam; so they prostrated except for Iblies (Satan, the Devil) who is from the Jinn. “He refused and was arrogant and became a disbeliever” (2:34). Allah said: What prevented you from prostrating (to Adam) when I commanded you? (Iblies) said: “I am better than him. You created me from fire and created him from clay” (Q. 17:12).
The satanic claim to superiority is the source of arrogance. Islam considers it the worst sin since through arrogance all other sins are committed. Adam and his progeny were honored by God, as the Qur’an says: “We honored the progeny of Adam … and preferred them over many of what We have created with (definite) preference” (Q. 12:70). According to the Qur’an there is no original sin. Adam repented from his mistake of eating from the fruit of the forbidden tree, by the deceit and trick of Satan. (Q. 7:19–23). Adam and Eve both repented and God accepted their repentance, and were forgiven. The Qur’an has recorded what Adam and Eve said to God:
God warned the children of Adam not to repeat the mistake of their father and obey the luring of Satan:
Our Lord, we have wronged ourselves; and if You do not forgive us and have mercy upon us, we will be surely among the losers (Q. 7:23).
O children of Adam, let not Satan tempt you as He removed your parents from Paradise. We have made the devils allies to those who do not believe (Q. 7:27).
In another passage, God warns the children of Adam not to follow Satan (Iblies) as he is their enemy:
Will you take him (Satan) and his descendents as allies other than Me, while they are enemies to you? Wretched it is for the wrongdoers as exchange (Q. 18:50).
Freeing humanity from the original sin, empowering human beings, and giving them full responsibility of their actions is the message of the Qur’an: “Every soul will be held responsible for what it had done” (Q. 74:38)—is the essence of morality and ethics in Islam.
In the previous chapter, the subject of predestination and free will was fully discussed. We now need to turn our attention to the philosophy of Islamic religious law by closely exploring the Purposes of the Shari’ah (maqasid).
The Aims of Islamic Religious Law
The five cardinal essentials of Islamic teachings are:
(1)
Preservation of Faith (din)
(2)
Preservation of Life (al-nafs)
(3)
Preservation of Mind (al-‘aql)
(4)
Preservation of Progeny (al-nasl)
(5)
Preservation of Honor (al-‘irdh)
(6)
Preservation of Property (al-mal)
Anything that is deleterious to the above should be avoided, and anything that will preserve the above is meritorious and should be done.
Ibn Qayyim [1] said: “Al-Shari’ah fundamentals are built on keeping the interests (masalih) of the people during this life and hereafter. These objectives are built on justice, mercy, wisdom and interest of the creatures. Therefore, any situation which perverts from justice to injustice, from mercy to cruelty, from wisdom and utility to chaos and futility is outside the scope of Shari’ah.”
The aims of Shari’ah were discussed fully by Muslim scholars 1,000 years ago. For instance, Imam al-Juwayni (d 478/1185) said: “The aims of Shari’ah are nothing but the interests of the entire humanity [2].” Imam alGhazali (d 505/1111) discussed al-maqasid under the principle of the public interest [3]. Imam al-Tufi (d 716/1316) defined public good as the way that fulfills the objectives of the teachings of God and His Prophet, and that public interest may be taken as even more important than what we might understand from textual proof based on Islamic revelatory sources like the Qur’an or the Sunna [4].
The objectives of the Shari’ah could be divided into three parts [4]:
(1)
Necessities (daruriyat): These include preservation of faith, life, mind, progeny, property. They are essential for life, religion, and community.
(2)
Needed Things (hajiyat): These are needed for the community, or for persons. They can live without procuring them, but they are recognized needs for the welfare of society and individuals.
(3)
Recommended (tahsiniyat): They are also needed by the society or individuals to make life more comfortable and, more beautiful, and try to reach the level of satisfaction and happiness for both the individual and society.
Contemporary Muslim scholars discuss three levels for objectives of Islamic teachings [5]:
(1)
Common aims which involve the necessities and the needs of individuals and public, and justice, universality, and making things easy when obstacles arise.
(2)
Partial aims which search for the telos or rationale of certain texts of the Qur’an or Hadith. An example is the prohibition of wine, the rationale is intoxication, and henceforth any intoxicant substance, e.g., spirits, beer, or even drugs that can cause intoxication are all considered prohibited.
(3)
Special aims which seek the interests of children, or wives or family as a whole; or means that will deter criminals from inflicting their crimes; or means that will prevent mismanagement of contracts; or prerogatives of persons or companies that will end in harming the whole community.
Contemporary Muslim scholars stress the interest of the communities rather than the interests of individuals or certain groups. Many would expand their view to humanity anywhere. Instead of the Islamic emancipation of slaves, which is no more relevant nowadays, they stress liberty (freedom), as a wider scope which involves all human beings [6, 7]. Sheikh Mohammed AlGhazali (d 1996) called for making justice and liberty in the forefront of aims of Islamic teachings [8]. Sheikh Yusuf al-Qardawi (born 1926) called for the dignity of humans, purifying the human soul from its vices, the equality of women, building human cooperation for a just non-belligerent new world as the most salient topics of aims of the Shari’ah [9].
It is important to emphasize that intention (niyya) is very important in any deed in Islam. The Prophet said: “Deeds are judged by intention [10].” An action though maybe good apparently, but done with bad intention will be judged by God on the Day of Judgement, and will be punished. On the contrary, if someone intends to do a good deed, but when performing it, he unintentionally produced some harm, then he will be pardoned. The prayer in the Qur’an touches upon this theme: “Our Lord do not impose blame upon us if we have forgotten or erred” (Q. 2/286). The Muslim community should not accept injustice or tyranny. The Qur’an states clearly: “Let there be a community among you who call to the good, enjoin the right and forbid the wrong. They are the ones who have success” (Q. 3:104). In a tradition reported on the authority of the Prophet he said: “The highest form of striving (in God’s path, the jihad) is to speak up for truth in the face of a ruler who deviates from the right path [11].” He also said: “If any of you sees something evil, he should set it right by his hand; if he is unable to do so then by his tongue, and if he is unable to do even that, then within his heart-but this is the weakest form of faith [12].” In addition, he said: “If people see a wrongdoer, but do not try to stop him, it is most likely that God will punish them all [13].”
The point to be stressed is that justice should be the norm in Muslim communities, and if injustice and aberration occur it should be corrected. However, during Islamic history, the despots ruled over with injustice and tyranny. Many revolutions were crushed, as we have alluded to in the previous chapter (revolution of al-Husayn, and his grandson Zaid ibn Ali Zain Abdeen ibn al-Husayn, the revolts of the Kharijites, and so on). The Sunni school discouraged revolutions, since they led to more bloodshed, tyranny, and despotism. However, they legitimized the revolution that was successful.
The Importance of the Preservation of the Five Objectives
(I) Religion: Islam is the religion of all the Prophets and Messengers of God. Islam means submission to God. Since monotheism is the religion of God from primordial times, then it should be defended, expounded and proclaimed. However, there is no compulsion in religion, as the Qur’an declares: “There shall be no compulsion in (acceptance of) the religion. The right course has become clear from the wrong” (Q. 2:256). In another passage the Qur’an says:
And say: The truth is from your Lord, so whoever wills let him believe; and whoever wills let him disbelieve (Q. 18:29). Are you going (O Muhammad) to compel the people to believe? (Q. 10:99). You are not in control of them (Q. 88:22). And do not argue with the People of the Book (Scripture) except in a way that is best… and say: We believe in that which has been revealed to us and revealed to you. And our God and your God is one, and we are Muslim (in submission) to Him (Q. 29:46).
The Qur’an is replete with such verses, which promote freedom of religion. Jews, Christians, Zoroastrians, and Sabians were all given the Freedom of Faith. Similarly Magians, Hindus, and Buddhists and all idol worshipers outside Arabia, were never forced to adopt Islam. The Muslim conquerors of Persia, India, Afghanistan, and Central Asia found different religions, but they were all given freedom of religion and faith. Similarly Muslims conquering Egypt, North Africa, and Sudan gave all these different populations freedom of faith, and even freedom to have their own laws. The head of Jews (Ga’on) was ruling over the Jews in Baghdad and every Muslim capital. Similarly the Patriarch of Alexandria ruled over Copts of Egypt, and Patriarch of Antioch ruled over the Christians of Syria. Not only that they ruled in religious matters, but they also ruled on family affairs, litigations, and over all their mundane affairs if they wished to present their cases to their leaders.
The Qur’an says: When the Jews came to the Prophet to adjudicate in a case of a Jewish woman who committed adultery, the Qur’an responded in these words: “But how is that they come to you for judgment while they have the Torah, in which is the judgment of God (which was stoning for adultery). Then they turn away, (even) after that; but those are not in fact believers (in Torah)” (Q. 5:43). The Jews said to themselves let us go to Muhammad in this case of adultery. If he gave a judgment other than stoning (which is the rule of Torah) accept it, but if he insists on Torah rule, then abandon it.
And God told the Prophet: “Judge between them or turn away from them. And if you turn away from them-never will they harm you at all. If you judge, judge between them with justice. Indeed God loves those who act justly” (Q. 5/42).
They were given the choice to have their own judges; but if they came to you O Muhammad (PBUH) (or any Muslim judge) then judge with justice. The Jews in Medina had a peaceful pact with the Prophet Muhammad (PBUH), but they didn’t keep their pact. Some of them tried to assassinate him, while others tried to bewitch him and even poison him, but many remained peaceful. A hypocrite stole a shield, and when he was accused of stealing, he threw the shield into his Jewish neighbor’s house, and accused the Jew of stealing the shield. His family supported him, and the Prophet was swayed to believe him when they found the shield in the house of the Jew.
But the revelation came and exposed the whole truth in Chap. 4: 105–113:
We have revealed to you the Book in truth so you may judge between the people by that which God has shown you. And do not be for the deceitful an advocate. And do not argue on behalf of those who deceive themselves. God loves not that who is a sinful deceiver. They conceal their evil from the people, but not from God. He is with them (in His knowledge) when they spend the night conspiring and preparing their unacceptable speech. Here you are arguing on their behalf in this worldly life but who will argue for them on the Day of Resurrection, or who will (then) be their advocate? Whoever does a wrong or wrongs himself but then seeks forgiveness of Allah will find Allah Forgiving and Merciful. And whoever earns (commits) a sin only earns against himself…But whoever earns an offense or a sin then blames it on an innocent (person) he has taken upon himself a slander and manifest sin. Was it not for the favor of Allah upon you (O Muhammad) and His Mercy, a group of them would have misled you. But they do no mislead except themselves and they will not harm you at all.
The innocent Jew was exonerated, and the hypocrite of Medina was incriminated, and the true balance of justice was administered. The Qur’an teaches that even with one’s enemies that one hates. Justice should not be violated.
Do not let the hatred of a people prevent you from being just. Be just that is near to righteousness and fear Allah, for Allah knows well whatever you do (Q. 5:8).
The Qur’an allowed Muslim males to marry females from the people of the Book (Jews and Christians) and allowed their food with the exception of pork and wine. (Q. 5:5). The Prophet himself married Safiya, the daughter of Huyai bin Akhtab, the Chief of the Jews, who was killed fighting the Prophet in the Battle of Khaybar. The Prophet gave her the choice of accepting Islam so that he could marry her, or remaining in Judaism and he could free her and send her to her relatives. She chose Islam and marriage with the Prophet after she saw his kindness and charity. She became one of the wives of the Prophet and a mother of all the believers through out the ages.
The ruler of Egypt sent Prophet Muhammad (PBUH) Mariya, the Copt as a concubine. She adopted Islam and joined his house and became the mother of his son Ibrahim who died in early childhood. The court physicians from the time of the Umayyad dynasty in 680 until Muhammad Rashad, the last Caliph of the Ottoman Empire, were mostly Christians, Sabians, or Jews. Very few Muslims became court physicians. These non-Muslim court physicians amassed great wealth and influence. Bacht Yushu, the court physician of Harun al-Rashid (the Abbasid Caliph) had great influence on the caliph, and many ministers and leaders sought his intercession with the caliph. The vizier in the Umayyad dynasty and other rulers in Spain, was on many occasions a Jew or a Christian. Similarly, in Abbasid caliphate many Sabians, Christians, and Jews held important posts in the government. The Fatimids of Egypt (also ruled Syria, Hijaz, and Yemen) were fond of Jews, Christians, and many of their administrators were non-Muslims. Some of these ministers became Isma’lite Shi’ites and became leaders in this sect. Such was Ya’qub (Jacob) ibn Killis who was also the prime minster of the Fatimid caliph al-Mu’iz and his son al-‘Aziz (Nizar). Saladdin had in his court many physicians (six Jews, six Christians and six Muslims) their Chief being Musa ibn Maymun (Miamonides).
(II) Life (al-nafs): Preservation of the life of human beings is sacrosanct. “Do not kill the soul which God prevented except in the righteous situation” (Q. 6:32). The Qur’an declares in no uncertain terms:
Because of that We ordained for the Children of Israel that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land—it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind (Q. 5:32).
Murder is one of the heinous crimes in Islam. Killing an innocent person is tantamount to killing the whole of humanity. Unintentional killing (manslaughter) should be redressed by:
(a)
Diya (literally means compensation for loss) blood fine: which is the value of 100 camels of different ages (or 200 cows or 2000 sheep) to be paid to the the family of the deceased. ’Umar ibn al-Khattab, the caliph, decided it would be 1,000 gold dinars in areas where camels are not available [14]. The compensation should be paid by the adult male members of the tribe (clan) of the killer (aqila), as they should bear with him this heavy burden. If a killer does not have that support then the caliph Omar made the administration to provide that. Muslim scholars today, allow insurance policy, since the tribal support and the caliphal administration are not available nowadays. This applies also to unintentional death or injury in medical practice [15];
(b)
Manumission, i.e., emancipation of a slave. If not available, as is the case today, then;
(c)
Fasting for two consecutive months to show his repentance for causing the death of an innocent person, though unintentionally. Murder, i.e., intentional killing, is punished by capital punishment unless the family or any one of them agrees to pardon the criminal. “O you who have believed, prescribed for you, is legal retribution for those murdered-the free for the free, the slave for the slave, and the female for the female. But if any remission is made by the brother of the slain, then grant any reasonable demand; and compensate him with handsome gratitude… In law of retribution (qisas) there is saving of life to you, O you men of understanding” (Q. 2:178–179)
Preservation of life entails seeking remedy, and that requires knowledge of medicine. Imam Shafi’i (d 204H/820 CE) said that knowledge (science) has two main branches: One of religion and the second of human body (al ilm ilman ilm al adyan and ilm alabdan). It is incumbent of the Muslim community to produce health professionals, and it is considered a sin for the whole community if they do not produce the required number of healthcare professionals. Ibn Sina (d 428H/1037 CE) in his poem “Al-‘arjuza fi al-tib” defined medicine aim as “preservation of health and restoring it when it is lost [16].” He defined medicine in his textbook “Al-Qanun” as “the science, which studied the body of man in health and disease, its aim being to preserve health, ward off disease, and restore health when it is lost [17]. Abubaker Al Rhazi (d 932 CE) defined medicine as the science, which keeps and promotes the health when it is there, and restore it when it is lost [18].” It is noteworthy that they emphasized the preservation and promotion of health, which was unfortunately neglected to a great extent in modern medicine. Only recently have health authorities started to implement some measures in health preservation and promotion. Curative medicine brings more money, while health preservation and promotion gives the companies and health professionals little money, if any.
Al Izz ibn Abdul Salam, a renowned Islamic jurist (d 660H/1243 CE) in his book “Qawa’id al Ahkam (Basics of Rulings) [19],” said: “The aim of medicine, like the aim of Shari’ah (Islamic law), is to procure the maslaha (utility or benefit) of human beings, bringing safety and health to them and warding off the harm of injuries and ailments, as much as possible.” He also said: “The aim of medicine is to preserve health; restore it when it is lost; remove ailment or reduce its effects. To reach that goal it may be essential to accept the lesser harm, in order to ward off a greater one; or lose a certain benefit to procure a greater one [20].” This is a very pragmatic attitude, which is widely accepted, in Islamic jurisprudence, and it is frequently applied in daily practice in all fields including medicine.
Seeking Remedy [21]
Islam considers disease as a natural phenomenon, and a type of tribulation that expiates sin. However, man should seek remedy. The Qur’an puts it succinctly: “And when I fall ill it is He who cures me” (Q. 26:80). Prophet Muhammad (PBUH) ordered Muslims to seek remedy when they fall ill. He said, “Never Allah sent a disease without sending its cure” (AlBukhari) [22]. He also said, “O servants of Allah, seek remedy for Allah in His glory did not put a disease without putting for it its cure [23],” “Some will know that cure while others will not [24].” He himself sought remedy and described medicaments of his time to his family and followers.
The jurists declared that seeking remedy may be obligatory in life-saving situations, or when there is an infectious disease that will affect the whole community. The person infected cannot abstain from treating his ailment, if it is available. In non-lifesaving situations and when there is no harm of communicable disease, seeking remedy is commendable and encouraged. However, in futile cases, it may be reprehensible (makrooh). It may be haram, i.e., prohibited if it involves sorcery, divination, or talismans as it encroaches on Islamic faith (creed).
It is also prohibited if it involves killing animals, using pork, blood, or alcohol. Only when no alternative medicament is available should these substances be allowed, and it should be prescribed by a trusted Muslim physician [25]. Not only should human life be respected and preserved, but also animals (not used for food) should be treated well and preserved. The Prophet (PBUH) said: “A man went into Paradise because he gave water to a thirsty dog” [26]. Similarly: “A prostitute of Bani Israel was forgiven and entered Paradise, as she gave water to a thirsty dog” [27]. On the other hand, a woman was thrown into the Hellfire because she incarcerated a cat until it died of thirst and hunger [28]. He also said: In every animal with a liver, there is recompense if you do good to them [27].
(III) Preservation of A’ql (Mind, Intellect, Reason, Sanity)
The preservation of A’ql (mind, intellect, sanity, reason) is of paramount importance, as with our minds (a’ql) we recognize God (Allah) and recognize the fidelity and sincerity of the Messengers of Allah. We use our minds (intellect, thinking faculty) to comprehend what Allah has sent, and to know the right from wrong. With our thinking faculty endowed by God, we recognized Him, and the world around us and discovered not only our earth, the universe, but above all our Creator.
And in your creation and all the creatures He has spread about, there are signs for people who use their minds (reason) (Surah AlJa’athiya 45/4).
There are signs for people who use their minds (reason) (Surah AnNahl 16/10–12).
The Qur’an has many verses (ayas), which extol using our minds (reason). But alas those who refuse their faculties of reason (intellect, mind, thinking) will be transgressors and abode Hell. “They say: if only we had really listened and used our minds (reason), we would not have been companions of the Blaze” (Surah AlMulk 67/10).
The mind (reason, a’ql, intellect, thinking faculty) should be used to reflect on creatures of the Lord and His signs all over. We are endowed with this great faculty, with which we can acquire knowledge, make inventions and build civilizations, and above all live harmonious life with justice, equity, and fraternity. However, man misuses this great faculty and spreads mischief and does evil. Preservation of a’ql (mind, intellect, reason) is the third most important aim of Islamic teachings. Masking these faculties by liquor or drugs is prohibited and is reprehensible. Unfortunately, our great faculty of mind could be perturbed and swayed by egotistic, devilish desires, which will end in corruption on land and sea. Anything that will corrupt our minds should be prevented and that will help engender a non-belligerent peaceful just world.
(IV) Preservation of Property or Wealth: Wealth should not be squandered. The wealth of the person is in fact the wealth of the community and hence should be spent in the appropriate accepted way by Islamic Shari’ah (law)
The squanderers are the brothers of devils (Surah AlIsra 17/27)
Do not spend wastefully (Surah AlIsra 17/26)
Those who waste or squander their wealth should be prevented from squandering, as the wealth is not for them alone. It is the wealth of the nation: “To those weak of understanding (squandering their fortune), do not give them your property (in fact their property, but the community has to supervise how it is spent), which God made you to supervise; but feed them and clothe them, and speak to them words of kindness and justice” (Surah AlNisa 4/5).
Usually two of the relatives or acquaintances of the squanderer complain to the court and provide evidence of his mismanagement of wealth. The court will study the case, and if the plaintiff is proved right, then the court will take custody of the property (fortune, wealth) and appoint controllers. If such a thing happened to the debacle of 2008, where mismanagement was rife, the world would have been saved from the economic plight and depression. Islam prevents all devious transactions, usury, selling of imagined virtual values, and what is called derivatives. In fact, most financial transactions of the world banks and bourses are considered illegitimate and invalid if controlled by Islamic Shar’iah. Many of the industries will be banned, e.g., wine and spirit industry, breweries, tobacco industry, sex industry, gambling, etc., to name a few of the harmful deleterious industries. The world would be saved economically, financially, health wise, and global peace and justice will be forthcoming.
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