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Towards
an Islamic Jurisprudence of the Environment
Islam
is considered a comprehensive way of life whose teachings cover,
directly or indirectly, every possible human relationship including
that with the environment. These teachings are primarily available
in the revealed knowledge which comprises the Qur’an and the
Sunnah. There remains two other sources, namely the Ijma` and
Qiyas; they are dependent on the first two in different ways
and degrees. The relationship is so complex that cannot be
represented in this paper for brevity. It is discussed, however, in
books of Usul al-Din [Principles
of Religion].
In
what follows, some of the verses that define the epistemological
parameters of the Qur’an are considered. One verse, at the
beginning of Surat Al-Baqarah, presents the Qur’an as a book of
guidance:
“This
is the Book; In it is guidance sure, without doubt, to those who
fear God.” (Qur’an,
2:2)
Moreover,
Allah [S.W.T] shows that the Qur’an encompasses the foundations
for knowledge and ethics, He says:
“…Nothing
have We omitted from the Book…” (Qur’an,
6:38
)
In
addition, the Qur’an announces that Islam, as a Din
[religion], has been perfected by Allah [S.W.T]. It is considered a
comprehensive way of life which accommodates every aspect of it. The
Islamic world-view is established upon the very notion of Islam as a
perfect religion:
“…This
day have I perfected your religion for you, completed My favor upon
you, and have chosen for you Islam as your religion.” (Qur’an, 5:3)
It
is no wonder, in the light of what has been discussed above, that a
jurisprudence of the environment is founded. This paper presents all
aspects of the environment from within the Islamic world-view, and
not as something alien to it.
Jurisprudence
[Fiqh]
vs. Philosophy of the Environment:
This
paper chose jurisprudence (fiqh) over philosophy for many
reasons. The first reason is that “philosophy” is a term
borrowed from the western world-view and therefore remains, until
today, not welcomed in Islamic consciousness. Philosophy is still
associated with sophistry and metaphysics which hampers its ability
to bring about favorable behavior. Fiqh, on the other hand,
is accepted and associated in Islamic consciousness with the lawful
and the prohibited in human behavior. Therefore, it is more capable
of modifying behavior positively.
Furthermore,
once this subject is accepted as part of jurisprudence, it becomes,
relatively speaking, easier to include as integral part of the books
of Fiqh, and in school curricula. This may facilitate the spread of
environmental awareness, which is part and parcel of Islam.
1.
Vicegerency (Khilafah):
The
human being, in the Islamic world-view is considered a vicegerent (khalifah).
This vicegerency is declared before the creation of the first human
being:
“Behold,
your Lord said to the angels: ‘I will create a vicegerent on
earth.’ They said: ‘Will place therein one who will make
mischief therein and shed blood? While we do celebrate Your praises
and glorify Your holy (name)?’ He said: ‘I know what you know
not.’” (Qur’an,
2:30
)
In
her/his capacity as a vicegerent, the human being is perceived as
the trustee of the earth. She/he is not supposed to cause corruption
in any form on earth (i.e. the environment). Life on earth entails
great responsibilities. It is a test with accountability. It is
followed by either reward or punishment. These meanings are
mentioned in the Qur’an and the Sunnah. Vicegerency as a test is
found in the following verse:
“It
is He Who has made you (His) vicegerents, inheritors of the earth:
He has raised you in ranks, some above others: that He may try you
in the gifts He has given you: for your Lord is quick in punishment:
yet He is indeed Oft-forgiving, Most Merciful.” (Qur’an, 6:165)
On
the other hand, this vicegerency is subjected to observation:
“Then
We made you heirs in the land after them, to see how you would
behave!” (Qur’an,
10:14
)
The
same message is implied in the Hadith [narration] of the Messenger
of Allah, peace and blessings be upon him:
“Verily,
this world is sweet and appealing, and Allah placed you as
vicegerents therein; He will see what you will do. So, be careful of
[what you do in] this world and [what you do to/with] women, for the
first test of the children of
Israel
was in women!”1
It
is rather clear, now, that the Islamic world-view indicates that
vicegerency on earth forms a test which includes how human beings
relate to the environment. Is it going to be based upon divine
instructions, or based upon personal desires and conjectures that
might lead to the destruction of our environment. If the latter
condition prevails, then vicegerency will be entrusted to a
different people or generation. This possibility of this kind of
switch is understood from the following two verses:
“…Call
in remembrance that He made you inheritors after the people of
Noah…” (Qur’an,
7:69)
“And remember how He made you inheritors after the `Ad
people and gave you habitation in the land…” (Qur’an,
7:74)
The
declaration of the institution of khilafah, which Allah [S.W.T] has
informed the angels about, was reinforced by the verse that shows
that Allah [S.W.T] has taught Adam the ‘names’ (Asma’)
of all things:
“And
He taught Adam the nature [names] of all things…” (Qur’an,
2:31
)
This
discussion leads us to realize that there is an organic connection
between proper knowledge and right behavior. Indeed, knowledge
becomes a tool that renders humanity morally responsible. Ibn Kathir
said in his exegesis, regarding the above verse, the following
important statement:
“The
right (interpretation) is that He taught him the names of all
things: their particulars, attributes and functions.”2
Therefore,
vicegerency is based upon knowledge that enables the human being to
be a care taker of the environment in which he/she dwells. Humanity
should behave in such a way that would maintain the balance that
exists within the environment. Rather, I should say to retrieve the
balance that has existed before we have caused, collectively, many
ecological disasters:
“And
the earth We have spread out; set thereon mountains firm and
immovable; and produced therein all kinds of things in due
balance.” (Qur’an,
15:19
)
The
earth is made available for human use, without abuse or misuse. The
circle of things available for the benefit of humanity is much
greater than that of the environment. There are numerous verses in
the Qur’an that could be cited in this respect, but it suffices to
mention three of them:
“And
He has subjected to you, as from Him, all that is in the heavens and
on earth: behold, in that there are Signs indeed for those who
reflect.” (Qur’an,
45:13)
“Do you not see that God has subjected to your (use) all
things in the heavens and on earth. And has made His bounties flow
to you in exceeding measure, (both) seen and unseen?”
(Qur’an,
31:20)
“He has made subject to you the Night and the Day; the Sun
and the Moon; and the Stars are in subjection by His command: verily
in this are Signs for people who are wise.” (Qur’an,
16:12
)
There
are other verses that point to the temporal nature of the subjected
elements. The reason behind highlighting the temporality of things
is to remind people of the Hereafter. It is hoped that once people
are conscientious of the limitation of life on earth, they will
behave in a positive and constructive way. As a result, it is
anticipated that the environment itself will benefit from the proper
behavior of people. That the cosmic order and natural phenomena
ultimately come to an end, is reflected in this verse:
“…He
has subjected the sun and the moon (to His Law)! Each one runs (its
course) for a term appointed. He does regulate all affairs,
explaining the Signs in detail, that you may believe with certainty
in the meeting with your Lord.”
(Qur’an, 13:2)
The
subjection of the elements that make up the environment is spoken of
in many chapters of the Qur’an:
“It
is He who has made the sea subject, that you may eat thereof flesh
that is fresh and tender., and that you may extract therefrom
ornaments to wear; and you see the ships therein that plough the
waves, that you may seek (thus) of the bounty of God and that you
may be grateful.”
(Qur’an, 16:14)
“It is God who has created the heavens and the earth and
sends down rain from the skies, and with it brings out fruits
wherewith to feed you; it is He who has made the ships subject to
you, that they may sail through the sea by His command; and the
rivers (also) has He made subject to you.” (Qur’an,
14:32
)
“Then We subjected the Wind to his power, to flow gently
to his order, whithersoever he willed …” (Qur’an,
38:36)
The
above list does not exhaust all the relevant verses. There is a
unique quotation from the Qur’an that connects the notion of
‘subjection’ with the Hereafter. The following three verses,
though specifically mention the subjection of animals and ships for
riding, certainly go beyond the literal meaning:
“That
has created pairs in all things, and has made for you ships and
cattle on which you ride. In order that you may sit firm and square
on their backs, and when so seated, you may celebrate the (kind)
favor of your Lord, and say, ‘Glory to Him Who has subjected these
to our (use), for we could never have accomplished this (by
ourselves), and to our Lord, surely, must we turn back!’”
(Qur’an, 43:12-14)
It
is clear that humanity was not restricted to the use of ships and
animals to move from one place to another. There are many other
modes of transportation that are subjected to our use. One can see
the underlined supplication (du`a’) contained within the
above verses imprinted on stickers which decorate many Muslim cars,
or hanging inside cars. One can also hear the du`a’
recited before takeoff of many airplanes that are owned by Muslim
companies. But it seems that this is not the limit!
If
we drop for one minute that which is subjected, we will be left with
the notion of ‘subjection’ along with that of returning
ultimately to our Lord. What I would like to suggest here is the
possibility of extending, in an abstract way, the notion of
‘subjection’ to every thing that is of help to human beings,
regardless of its degree of sophistication. That end result will be
a human psyche that is constantly reminded of the Hereafter. This
should not be interpreted as a gloomy approach. On the contrary, I
think that people who reach this state appreciate life as the farm
which one works out here, yet the harvest is there in the Hereafter.
Therefore,
all mentioned verses clearly state that the heavens and the earth,
the rivers and the seas, the cattle and animals, and much more are
subjected to humanity. In this, we find support and backing for the
institution of Khilafah. This will strengthen the human
being to fulfill his/her basic role on earth, which is to worship
God.
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The
Qur’an, moreover, makes it clear that the earth is our habitat and
that we are required to dwell on it, work it out and establish a
balanced way of life without excesses or deficiencies. To limit the
translation of I`mar to inhabitation will not do justice.
The meaning includes spreading and settling all over the earth,
inhabiting every livable quarters, building …etc. In short, it
includes every positive activity that would make life on earth
prosperous. If an activity diverts humanity from the right path
(i.e. against the
Shari
`ah),
then it cannot be considered as I`mar. The following verse
reflects the relationship between creation and the positive role
expected from humanity:
“To
the Thamud People (We sent) Salih, one of their own brethren. He
said: ‘O my People! Worship God: you have no other God but Him. It
is He Who has produced you from the earth and settled you therein:
then ask forgiveness of Him, and turn to Him (in repentance): for my
Lord is (always) near, ready to answer.’”
(Qur’an, 11:61)
This
verse reminds us of the bounty that God has bestowed upon humanity.
There is a beautiful connection in the verse between demanding pure
monotheism from humanity at large, despite the context which uses
the people of Thamud as a medium. Believing in the Oneness of God
and the notion of I`mar come hand in hand.
The renowned contemporary Muslim scholar Sayyid Qutb commented on
this verse; he said:
“And
Salih reminded them (the people of Thamud) about their origination
from earth, the creation of every individual from the nutrition of
the earth or from its components that make up their bodies. Despite
being (created) from this earth and its elements, Allah appointed
them vicegerents so that they may inhabit it! He wanted them to be
vicegerents as a species, and as individuals to replace those who
came before they did!”3
Here,
I came to the conclusion that the search for another livable planet,
according to my understanding of the verses of the Qur’an,4
will yield nothing. All the scenarios in this respect will
remain listed under the heading: “Science Fiction”! We should
rather make life on earth possible for generations to come. I hope
that my position regarding the said issue will not be interpreted as
anti-science, or against research in outer space. Nevertheless, I
would like to see that the enormous funds spent on building
observatories to receive messages from outer space, will be used to
relief the poverty and diseases that infest our planet earth. At
least no one can deny the clear message that we are receiving all
the time from disenchanted fellow human beings. It is the imbalance
between the south and the north, caused at the hands of the latter,
which prevents a proper I`mar.
I have always been sarcastic about them (aliens!) discovering us on
earth doing what we are doing now! Before we invite guests from
outer space, our home (i.e. earth) should be tidy. From an Islamic
perspective, this is only possible if the
Shari
`ah is fulfilled, and humanity lives
according to divine law. The Qur’an shows that any attempt to
achieve I`mar and prosperity away from divine revelation
and guidance will certainly lead to destruction:
“Do
they not travel through the earth; and see what was the End of those
before them? In strength they tilled the soil and populated it in
greater numbers than these have done: there came to them their
apostles with Clear (Signs), (which they rejected, to their own
destruction): it was not God [Allah] Who wronged them, but they
wronged their own souls.”
(Qur’an, 30:9)
The
I`mar of the earth should be in areas and projects that
could benefit humanity and not harm her. This means that projects
and activities that destroy the environment are excluded. The
capitalist system encourages destructive industries such as the
tobacco industry. It pollutes the air, destroys the health which
results in lost time and money in treating the resulting diseases,
misuse of the land which could be used to plant a nutritious crop,
…etc. One can only cite the statement of Dr. Yusuf Al-Qaradawi
regarding this issue, he said:
“As
regards smoking [tobacco], it is physically, psychologically and
economically harmful; the ruling appropriate for it is prohibition [al-tahrim];
similar to the [following example whereby] God said in describing
His Messenger [Muhammad] in the Books [Torah and Gospels] of the
ancient people: (…he allows them as lawful what is good [and pure]
and prohibits them from what is bad [and impure].)
The natural disposition [fitrah], the intellect and
experimentation confirm that ‘tobacco’, or ‘smoking’ is not
at all good.”5
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Vicegerency
(Khilafah)
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Subjection
(Taskhir)
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"Inhabitation"
(I'mar)
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