Concept of Dignity and Justice in Islam

778 Pages Posted: 18 Aug 2015

Date Written: August 12, 2015

Abstract

Fiqh means prudence or understanding. Islam is al-Dīn/اَلدِّیۡن i.e. a way of life, a rule of conduct, a reckoning, a constant self-criticism of one’s behaviour, remaining ever conscious that as a human being on this earth a role is to be played along with others and performance must be the best possible, full of sincerity, integrity and transparency observing patience and tolerance while struggling hard to promote the cause of truth and facing all odds, hazards and difficulties, and also stressing upon others to remain on the Straight path of civilized behaviour, as enshrined in the ideal principles of leading human life as given to the whole mankind in the Holy Qur’an and Sunnah.

The Holy Qur’an says:

تَبٰرَكَ الَّذِيْ بِيَدِهِ الْمُلْكُ ۡ وَهُوَ عَلٰي كُلِّ شَيْءٍ قَدِيْرُۨ Ǻ۝ۙ الَّذِيْ خَلَقَ الْمَوْتَ وَالْحَيٰوةَ لِيَبْلُوَكُمْ اَيُّكُمْ اَحْسَنُ عَمَلًا ۭوَهُوَ الْعَزِيْزُ الْغَفُوْرُ Ą۝ۙ

Blessed be He in Whose hands is Dominion; and He over all things hath Power;- He Who created Death and Life, that He may try which of you is best in deed: and He is the Exalted in Might, Oft-Forgiving;- [67: 1 and 2]

`Ilm/علم means knowledge, unveiling of the realities. When knowledge is systematic it is called Science. Fiqh/فقہ means: understanding. Ilm al-Fiqh/علم الفقہ means the Science of Understanding. ‘Uṣūl al- Fiqh/اصول الفقہ means the Principles of Understanding. Principles amean: the roots, the bases, the fundamentals or the foundations.

Understanding of What?

Understanding of the way on which the life is to be led. What is that way? That way is al-Islām. Islam means complete submissiveness before Allah Almighty by obeying his injunctions (commandments and prohibitions, do’s and don’ts. What is the proof that Islam is the way of life? The proof is available in the Holy Qur’an in Sūrah Āl-i-`Imrān : اِنَّ الدِّيْنَ عِنْدَ اللّٰهِ الْاِسْلَامُ ۣ وَمَا اخْتَلَفَ الَّذِيْنَ اُوْتُوا الْكِتٰبَ اِلَّا مِنْۢ بَعْدِ مَا جَاۗءَھُمُ الْعِلْمُ بَغْيًۢا بَيْنَھُمْ ۭ وَمَنْ يَّكْفُرْ بِاٰيٰتِ اللّٰهِ فَاِنَّ اللّٰهَ سَرِيْعُ الْحِسَابِ 19؀ The Religion before Allah is Islam (submission to His Will): Nor did the People of the Book dissent there from except through envy of each other, after knowledge had come to them. But if any deny the Signs of Allah, Allah is swift in calling to account. [3: 19] Anything which is approved in the sight of Allah is approved for the whole mankind. Hence the whole mankind has a right to embrace it by exercising the right voluntarily and get its benefits in both the worlds. Anything which is disapproved in the sight of Allah is disapproved for the whole mankind. Hence the whole mankind is warned to take care and remain away from it by the exercise of his option voluntarily. Each soul is responsible for its own actions and none else will be burdened to bear the consequence of its conduct (whether oral or practical, open or hidden). The reason is that Islām is al-Dīn (i.e. rule of conduct, rule of law, rule of behaviour) for all human beings. Thus Uṣūl al-Fiqh means Principles of understanding the science of Law of Islam or Principles of Islamic Jurisprudence. The sources of Islamic Law are: 1. The Holy Qur’an i.e. کتاب اللہ and 2. The Sunnah of the Messenger of Allah (صلی اللہ علیہ وآلہٖ وسلم) سنۃ رسول اللہ۔ 3. Ijmā`/اجماع and 4. Qiyās/قیاس.

The first two are primary and unconditional.

The instrumentality of Ijtihād/اجتہاد is used to find out the solution of all problems, issues, points, questions that come across to an individual or group of individual or society as a whole. Who is Dignified in the sight of God The Holy Qur’an says:

وَلَقَدْ كَرَّمْنَا بَنِيْٓ اٰدَمَ وَحَمَلْنٰهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنٰهُمْ مِّنَ الطَّيِّبٰتِ وَفَضَّلْنٰهُمْ عَلٰي كَثِيْرٍ مِّمَّنْ خَلَقْنَا تَفْضِيْلًا 70؀ۧ

And We bestowed dignity on the children of ‘Adam and provided them with rides on the land and in the sea, and provided them with a variety of good things and made them much superior to many of those whom We have created. [17: 70]

The co-authors of Tafsīr Jalālayn say: And verily We have honoured, We have preferred, the Children of Adam, [above other creation], by [giving them] knowledge, speech and [their being] a creation of even proportions amongst other things, including their [means of] purification after death, and carried them over land, on animal-back, and sea, in ships, and provided them with good things and We have preferred them above many of those whom We created, such as livestock and wild animals, with a marked preferment [the min of mimman (of those whom) has the sense of mā (of what), or something close to it, and includes the angels, the purpose being to give preference to the [angelic] genus; there is no requirement to give [explicit] preference to the individuals [of this category of being], since they [angels] are superior to mankind, excepting the prophets .

The author of Tafsir Ibn Kathir says:

Favours of Allah on human:

1.The best creation is of human

Allah Almighty says : لَقَدْ خَلَقْنَا الْاِنْسَانَ فِيْٓ اَحْسَنِ تَقْوِيْمٍ Ć۝ۡ

We have indeed created man in the best of moulds. [95: 4]

The author of Tafhīm al-Qur’ān says:

This is the truth for which the oath has been sworn by the lands of the fig and the olive (i.e. Syria and Palestine) and Mount. Sīnāi and Makkah, the city of peace. Man's having been created in the most excellent of moulds means that he has been given the finest body which no other living being has been given, and he has been blessed with the noblest faculties of thought, knowledge and intellect which no other creature has been blessed with. Then, since the most sublime model these excellencies and unique merits of mankind's are the Prophets (upon whom be Allah's peace), and no creation can have a higher rank than they, so that Allah may choose it for appointment to the office of Prophethood, an oath has been sworn by the places associated with the Prophets of God to bear testimony to man's having been created in the finest of moulds. The land of Syria and Palestine is the land where a large number of Prophets, from the Prophet Abraham (peace be upon him) to the Prophet Jesus (peace be upon him), were raised. Mount Ṭūr is the place where the Prophet Moses [Ḥadrat Mūsā (علیہ السلام)] was blessed with Prophethood. As for Makkah, it was founded by the Prophets Abraham [ Hadrat Ibrahim (علیہ السلام)] and Ishmael [ Hadrat Isma`il (علیہ السلام)] themselves. It was on account of their association with it that ' it became the holiest central place of Arabia. It was the Prophet Abraham who had prayed: "O my Lord, make this city a city of peace and security." (AI-Baqarah: 126); and it was because of this prayer that in the midst of chaos and confusion prevailing everywhere in Arabia only this city continued to remain an island of peace for some 2500 years or more. Thus, the verse means to say: "We created mankind in such an excellent mould that it produced men who attained to the most sublime rank of Prophethood."

`Allamah Ibn Kathir says: He (the human being) walks on his feet standing straight. He eats his food with his own hands observing best manners. The animals walk on their hands and legs, graze fodder with their mouths. Further a human is blessed with understanding whereby he discerns between the good and bad, loss and benefit. He knows advantages of Here and of the Hereafter. For his ride in land animals, cattle, horses mules, camels etc. and in sea voyage he is blessed with making boats. He is blessed with best, most pleasant and tasteful things to eat/ he has fields, fruits, and meat, milk and best tasteful things. He has finely built houses to live, good looking dress to wear of different kinds and colour. He has means of transport to bring to the destinations and bring back. He has been given superiority over almost all creations. From this glorious verse logical reasoning has been made that a human is superior to angels. Ḥaḍrat Zayd bin Aslam said: The angels submitted: O God! You have given the world to the progeny of Adam; they eat and drink and live in comfort and luxury; to us grant us superiority in the Hereafter as we are deprived of it in the world. God Almighty responded: By the token of My Honour and Majesty! I shall not make the good children of him whom I have created with my own hands equal to any one else. I have created him by saying:"Be". [This narration is Mursal ; however it is also Muttaṣil by another chain of authorities. It is mentioned in the Ibn `Asākir that the angels said: O Our Lord! We too have been created by Thee. Thou art Creator of Banu Adam. Thou hast blessed them with food and drink, they wear clothes, they marry, they ride, they have comfort and rest, but we are not having any share in these blessings. Well, if these favour are for them. Bless us with the same in the Hereafter. God Almighty responded: Whom I have created with my own hand and blew My Spirit into it I shall never make like that whom I said: “Be” and “it Became”. Ṭabrānī has narrated that on the Day of Resurrection none shall be more dignified than progeny of Adam in the sight of Allah. It was asked: Not even the angels? They are having no option but to obey as the Sun and the Moon. [This narration is highly Gharīb ]. What is Dignity?

Dignity in English language is a noun. It is the state or quality of being worthy of honour and respect. The Arabic translation of Dignity is “ Takrīm/تکریم ”. Dignity is one of the six Ends of Islamic Law/مقاصد شریعہ: There are six maqasid-ul-shar`/ مقاصد شریعہ, which are to be protected and they are: • Hifzul Din (protection of faith), • Hifzul Nafs (protection of life), • Hifzul Mal (protection of property), • Hifzul Aql (protection of intellect), • Hifzul Irz (protection of dignity ) and • Hifzul Nasb (protection of paternity).

Definition of human dignity

Human dignity means the human worth or value or quality which makes him worthy of respect in the hearts of others. It comes with every person with his birth. It is a grant of the Creator and cannot be taken back. It is an identity of a human. It is to behave with others humanly i.e. a behaviour which befits a human being to perform for other human beings. It is a right as well obligation. It is a right of all human beings. It is an obligation of all human beings.

Keywords: Dignity, Justice, Islam, Adam, Banu Adam, Citizen, Civilization, Behaviour, Community, Constiution, Court, Education, Economic, Cultural, Faith, Human Rights

Suggested Citation

Mughal, Munir Ahmad, Concept of Dignity and Justice in Islam (August 12, 2015). Available at SSRN: https://ssrn.com/abstract=2643212 or http://dx.doi.org/10.2139/ssrn.2643212

Munir Ahmad Mughal (Contact Author)

Punjab University Law College ( email )

(Res.)125-B, Judicial Colony, Lahore
Lahore, Punjab 54000
Pakistan
042-35304847 (Phone)
042-35311498 (Fax)

Superior Law College

(Res.)125-B, Judicial Colony
Lahore, Punjab 54000
Pakistan
0092-42-35304847 (Phone)
0092-42-35311498 (Fax)

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