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Towards
an Islamic Jurisprudence of the Environment
The
Islamic Protection of The Environment:
This
section provides detailed accounts from the Qur’an and the Sunnah
regarding the protection of the following areas: human beings,
animals, plants, land, water, and air.
Despite
the differences regarding the inclusion of human beings as a part of
the environment, this paper consider humans to be part of the
ecological system. I have adopted this position though I know that
the rest of the ecosystem is subservient to humans.
Islam called for the protection of the human being. The
Shari
`ah specifically called for the
protection of five things pertaining to humans: life, religion,
offspring, intellect, and property.
Islam emphasized the sanctity of human life in the strongest
possible terms:
“On
that account: We ordained for the Children of Israel that if any one
slew a person -unless it be for murder or for spreading mischief in
the land- it would be as if he slew the whole people. And if any one
saved a life, it would be as if he saved the life of the whole
people…” (Qur’an,
5:35
)
The
rulings of the
Shari
`ah aim at preserving the life of the
human being including murderers. It is a well established fact that
punishment for murder is death penalty. Nevertheless, the Qur’an
encouraged the family of the murdered person to forfeit their right
that the murderer be executed:
“Nor
take life - which God has made sacred - except for just cause. And
if anyone is slain wrongfully, we given his heir authority (to
demand Qisas [retaliation] or to forgive): but let him not exceed
bounds in the matter of taking life; for he is helped (by the
Law).” (Qur’an,
17:33
)
For
the same reason, committing suicide is prohibited:
“…Nor
kill (or destroy) yourselves: for verily God hath been to you Most
Merciful!” (Qur’an,
4:29
)
Moreover,
a fetus has a life which should be preserved. Abortion is prohibited
unless for a permitted reason (ex. the life of the mother is
endangered). In Islamic jurisprudence, there is blood money to be
paid by a person who kills a fetus intentionally or accidentally.
Wars
remain a major factor in killing human beings and in the destruction
of the environment. The Islamic position, which is quite to the
contrary of the picture depicted by the western media, states in
clear terms that peace is the norm and war is the exception. The
Prophet, peace and blessings be upon him, prohibited that a Muslim
wishes to confront the enemies in the battlefield.7
I understand that the raison d’etre of this hadith is to
give priority to peaceful solutions whenever conflicts surface
between Muslims and other fellow humans. In fact, the first thirteen
years of the history of Islam in Makkah reflect passive resistance.
Nevertheless, self-defense is permitted to protect Islam and
Muslims. If Muslims have to go to war, then they have to abide by
Islamic codes of conduct during warfare:
“Fight
in the cause of God those who fight you, but do not transgress
limits; for God loveth not transgressors.”
(Qur’an, 2:190)
The
essential limits that should not be transgressed are best expressed
by Abu Bakr, the first Caliph, in his address to Yazid Ibn Abu
Sufian, the commander of the army that went north to Sham [i.e.
Greater Syria]:
“…And
I instruct you [to fulfill the following] ten [orders]: Do not kill
a woman, nor a child, nor an old man; do not cut down fruitful
trees; do not destroy [land or housing] in use; do not kill a goat
or a camel unless for food; do not flood palm trees [with water] nor
burn them down …”8
Such
a quotation, which reflects the ethos of the
Shari
`ah,
defines the norm that the life of those who do not engage themselves
directly in war should be spared. Protection is also extended to
animals and plants; they should not be used as part of collective
punishment.
Accordingly, all weapons of mass destruction are unacceptable from
an Islamic perspective. All chemical, biological and nuclear weapons
should be prohibited world wide without any exceptions. It is not
enough to have nuclear non-proliferation treaties that exempt
certain countries because they did not sign. If the super powers
only head to the fact that humanity needs a safer and cleaner earth!
No country should be able to stock weapons of mass destruction or
non-conventional weapons.
Here I find myself at odds with a statement of Dr. Yusuf
Al-Qaradawi. He said, in one of his most recent books, that
“regarding the kinds of weapons that are used in fighting, how to
make them and how to train [soldiers] how to use them, etc., is not
an issue to [be settled by] religion; it is the business of the
ministry of defense and the headquarters of the armed forces.”9
I
do believe that Dr. Al-Qaradawi is troubled by what is happening to
Muslims around the world, and that he aims at allowing room for
decision makers in the Islamic world to consider measures that would
deter aggressors from attacking them with weapons of mass
destruction. I think that this is a legitimate concern, yet the
statement is very broad and it might be misinterpreted by those in
office. On the other hand, Muslim scholars should voice their
concern about these issues and not to give a free hand to the
military apparatus which could waste the resources of the Ummah in
compiling weapons, rather than investing them in the
re-establishment of a leading Islamic civilization.
We should remember that the American use of atomic bombs against
Japan
, during World War II, is a much
protested and regretted act. The increase in ecological awareness is
making it difficult for governments to continue its nuclear
programs. There was a global protest against the French nuclear
tests that took place in the
French
Polynesian
Islands
. Though it is not good enough, it
appears that the French government pledged an end to nuclear tests.
Not only weapons on that scale should be prohibited, but also
weapons such as anti-personnel mines should be banned. There is
nothing that could justify the killing or the maiming of human
beings by these mines. Millions of them are spread around the world;
only concerted efforts on a global level might bring some relief and
hope. While one prays for an end to armed conflicts, one should
remember that killing the enemy during war is not an end in itself.
The fact the Muslims are subjected to different forms of attacks
that range from ethnic cleansing to discrimination in the work
place, should not be used by Muslims as a pretext to behave in the
same way as their enemies:
“O
ye who believe! Stand out firmly for God, as witnesses to fair
dealing, and let not the hatred of others to you make you swerve to
wrong and depart from Justice. Be just: that is next to piety: and
fear God. For God is well-acquainted with all that ye do.”
(Qur’an, 5:9)
Many
of the conflicts around the world were/are fueled by inhuman
ideologies that stress the supremacy of one “race” over the
other. This form of social Darwinism was translated into a
systematic program by the Nazis to annihilate other races. The Serbs
performed some of the most heinous crimes against humanity in
Bosnia
and Kosova, despite the fact that the
“race” is the same! It is clear that Muslims in these cases were
victimized because of their faith.
The Islamic world view does not permit any ideas of negative value
judgment regarding the biological differences in terms of color and
shape. They are to be perceived positively as Signs pointing to God:
“And
among His Signs is the creation of heavens and the earth, and the
variations in your languages and your colors: verily in that are
Signs for those who know.”
(Qur’an, 30:22)
The
differences in the colors of people function exactly like those
between animals, plants and inanimate objects:
“Seest
thou not that God sends down rain from the sky? With it We then
bring out produce of various colors. And in the mountains are tracts
white and red, of various shades of color, and black intense in hue.
And so amongst men and crawling creatures and cattle, are they of
various colors. Those truly fear God, among His Servants, who have
knowledge: for God is Exalted in Might, Oft-Forgiving.”
(Qur’an, 35:27-28)
Those
who know will appreciate the differences; those who are ignorant do
not. There aren’t many races; there is one human “race”
reflecting many prisms. The beautiful different colors and shapes of
flowers do not invite us to damage all but one. They are there as
gifts and Signs from God to help us remember Him. As such, they
should be appreciated and preserved.
The only legitimate differentiation in Islam is based upon moral,
not physical character:
“O
mankind! We created you from a single (pair) of a male and female,
and made you into nations and tribes, that ye may know each other
(Not that ye may despise each other). Verily the most honored of you
in the sight of God is (he who is) the most righteous of you. And
God has full knowledge and is well acquainted (with all things).”
(Qur’an, 49:13)
The
compendiums of hadith are full with reports that reflect the spirit
of brotherhood regardless of the physical appearances. The
companions of the Prophet himself reflect a rainbow of colors: they
comprised Muhammad the Arab, Suhayb the Roman, Sulayman the Persian
and Bilal the Ethiopian.
In addition, Islam was pluralistic in its relationship with the
“other” from the outset. It is already established that if the
“otherness” is based upon differences in color, it does not
generate a conflict. In addition, if the “otherness” is based
upon a different belief, such as the Jews and the Christians, it is
also tolerated in the Islamic world-view. Tolerance is emphasized in
the Qur’an and in the Sunnah in many contexts:
“God
forbids you not, with regard to those who fight you not for (your)
Faith nor drive you out of your homes, from dealing kindly and
justly with them: for God loveth those who are just.”
(Qur’an, 60:8)
Where
other systems of belief and communities failed to deal justly with
the “other” who lives amongst them, Islam succeeded. One may
compare the history of the “other” in the Islamic state and that
of the “other” in
Europe
. The best case is that of the
“other” as a Jew!
There are ways and means to protect the life of
the human being in Islam. There is a broadly stated principle in the
Qur’an which prohibits all harm:
“…And
make not your own hands contribute to (your) destruction; but do
good; for God loveth those who do good.”
(Qur’an, 2:195)
This
verse highlights the dangers that fall within the responsibility of
the individual towards oneself. They include taking drugs, alcohol,
or any activity which is contrary to natural disposition such as
homosexuality. Islam is amongst the minority (the Catholic church
condemns the act but not the homosexual) that condemns
homosexuality; some reformed synagogues and some Protestant churches
allow marriages between the members of the same sex. Taken to an
extreme, homosexuality leads to the annihilation of mankind!
Add to this gloomy picture is adultery and common use of needles in
drugs. As such, the number of people contracting AIDS is
mushrooming. Against this background, the Islamic way of life
provides a safety valve which, if accepted, can save humanity.
Islam
has enjoined upon Muslims right relationship with animals. They are
asked to treat animals well, and they are not allowed to kill
animals except for food. The latter permission has to be carried out
in accordance with the
Shari
`ah. Only in limited cases some animals
are allowed to be killed when they endanger the life of the human.
To slaughter an animal, one has to use sharp object that will save
the animal the pain associated with the use of a blunted object.
Shaddad Ibn Aws reported that the Prophet, peace and blessings be
upon him, said:
“…and
excel in slaughtering; sharpen your blade [so you may] relief your
slaughtered [animal].”10
In
fact, Islam went beyond any expectations when the
Shari
`ah demanded that the psyche of the
animal should be taken into consideration. Imam Ahmad Ibn Hanbal
narrated from the report of `Umar that the Prophet,
peace and blessings be upon him, made it imperative to
sharpen the blades and to hide them from [the sight of] animals.
This ethos is reiterated in another context. Ibn `Abbas reported
that a man [kept] a sheep laid down while he was [still] sharpening
his blade; the Prophet, peace and blessings be upon him, said [to
him]:
“Would
you like it to die twice? Why didn’t you sharpen your blade before
laying it down?”11
The
protection of animals in Islam includes the notion of hunting. While
hunting is permitted in principle, it might become prohibited
depending on the conditions that surround it. Ibn Taymiyyah, the
Hanbalite medieval scholar, said that “hunting out of necessity is
permitted; if it is for fun and playing, it is detested; and if it
causes injustice to people, by destroying their fields and property,
it is prohibited.”12
People
should behave with great responsibility regarding hunting. Hunting
should be out of necessity; where necessity is defined in terms of
need for food, where other means are not possible. One should also
take into consideration the authorities determination of hunting
seasons and the kind and number of animals and birds allowed to be
hunted. Also, hunting tools that cause great pain should be
prohibited. The latter include traps that lock on the leg of the
animal causing pain and bleeding until the hunter returns which
could be for days!
The following story shows that the Prophet, peace and blessings be
upon him, did not tolerate any “hunting” which was not out of
necessity. Ibn Mas`ud said: “We were traveling with the Prophet,
peace and blessings be upon him, when he left [us for a while]; we
saw a bird with its two chicks and we took the chicks. [Their
mother] started spreading its wings [in protest]. When the Prophet,
peace and blessings be upon him, came [and saw what happened] he
said: ‘Who caused her to become bereaved [by taking away]
her two children? Return her two children to her!’”13
One
can appreciate the position of the Prophet, peace and blessings be
upon him, much more when one realizes the choice of words used in
the hadith. Instead of chicks [farkhiyha], he used children
[waladayha] which, reflect the a very humane perspective.
Moreover, one should not take lightly the issue of killing, without
any justification, even if the victim is a very small animal or
bird. `Abdullah Ibn `Amr reported that the Prophet, peace and
blessings be upon him, said:
“No
human being kills a sparrow or [something] larger, without right,
except that God will ask him about it (hold him responsible!) on the
Day of Judgment” It was said: ‘O Prophet of God! What is its
right?’ He said: ‘Its right is that you slaughter it and eat it,
not that you decapitate it and throw it!’”14
Another
hadith to the same effect was narrated by Ahmad, Al-Nisa’i and Ibn
Hibban from the report of Al-Sharid, may Allah be pleased with him,
he said: I heard the Prophet, peace and blessings be upon him,
saying:
“If
you kill a sparrow senselessly, it will hasten to God on the Day of
Judgment saying: ‘O Lord! So and So killed me for play and not for
use!’”
Commenting
on the previous two narrations and what could be deduced from them,
Dr. Yusuf Al-Qaradawi said:
“The
Jurist [faqih] deduces from them the prohibition of the
killing of an animal except for food. That is why Imam Al-Mundhiri
included both of them in his book at-Targhib wa at-Tarhib,
in order to warn people against mutilating animals, and killing them
except for food.
Animal
rights groups deduce that it is imperative to respect these living
beings, to protect their life, and not to touch them except for a
need.
The
ecologists see in these two narrations the necessity to preserve the
components of the environment, and not to allow [destructive]
playing which will lead to the annihilation and extinction of these
components without any reason.
As
for the economist, he understands that the hadith clearly brings the
attention to the imperative need to protect all resources. They
should not be wasted in vain without any economic return. Killing an
edible animal without eating it means the loss of a part of the
national resources, albeit small.
The
scholar of ethics realizes the comprehensive nature of Islamic
ethics. He also sees how broad is the domain of responsibility which
includes, in addition to human beings, all living beings including
animals and birds. Indeed, in other narrations, it includes
inanimate objects.
The
same applies to the scholar of education, for Islamic education has
a broad horizon, and goes beyond religious education, which in the
minds of many people is restricted to imbuing the creed, and
teaching the rituals. It is education that encompasses every
activity of the human which practiced in life: spiritual and
material, religious and worldly, individual and social, theoretical
and practical.”15
Another
area of prohibition covers the hunting of wild animals for reasons
other than food (e.g. for fur). Mu`awiya, may Allah be pleased with
him, reported that the Prophet, peace and blessings be upon him,
said: “Do not ‘ride’ on silk and tiger fur”16
The
prohibition of the use of silk and tiger fur, for seating, whether
on saddles or in homes, is to prevent pompous life styles. One can
deduce, by analogy, that the fur of all wild cats can not be used.
This might come in handy to help in the protection of the endangered
Asian tigers that face the extinction though for a different reason.
Many people in
South East Asia
and the
Far East
believe in the existence of Aphrodisiac
foods that are associated with “strong” animals including parts
of tigers…etc.
In addition, Islam prohibits the use of animals as targets for
shooting. Ibn `Umar passed by a group of youth, from the tribe of
Quraysh, who were shooting their arrows at a bird, and whenever they
miss the aim, the owner of the bird takes the arrow for himself. But
when they saw Ibn `Umar they dispersed. He exclaimed: who did this?
May he be cursed!17
The Prophet, peace and blessings be upon him, cursed those who
create a target out of a being with a soul.
Any unjustified killing of an animal, direct or indirect is
prohibited. There is a great punishment awaiting those who do so.
Ibn `Umar reported that the Prophet, peace and blessings be upon
him, said:
“A
woman who tied a cat will go to Hellfire; she neither fed it, nor
allowed it to find food on its own.”18
The
prohibition to kill animals for no public or private good has been
already mentioned in the speech of Abu Bakr to the Muslim army.
Furthermore, hitting the animals and marking them in the face is
prohibited. Jabir reported a hadith to this effect: one should look
for alternative ways to mark animals such as non poisonous
paint…etc.19
It is also prohibited to set animals against one another. This
practice is associated nowadays with gambling. Ibn `Abbas reported a
hadith in which the Prophet, peace and blessings be upon him,
prohibits this practice.20
The Shari`ah aims to protect animals from abuse in the name of
having fun or sport. It is clear that “wrestling” bulls cannot
be accepted from an Islamic perspective as a sport. I find it
obnoxious that sport programs air these “sports”! One should
reconsider whether harming oneself or others, be it humans [e.g.
boxing] or animals, could be included in sports.
To protect the animals, Islam has also looked into the load an
animal can carry without harm. The Prophet, peace and blessings be
upon him, prohibited riding on weak animals.21
The
Companions and later on generations acted according to this Hadith:
Malik reported that `Umar Ibn Al-Khattab, when he was a Caliph,
passed by a donkey with mud blocks on it. He [assessed that the load
was excessive and] unloaded two blocks. The lady who owned the
donkey asked `Umar: Do you have an authority over my donkey? He
answered: What do you think I am doing in this position?22
It
is clear that the institution of the Caliphate, the highest
executive office in the Islamic state, is responsible for the
welfare of all the living beings within its jurisdiction. This is
clear in the answer of `Umar Ibn Al-Khattab. It is also vivid in the
decrees of Caliphs who came later. According to Ibn `Abd Al-Hakam,
`Umar Ibn `Abd Al-`Aziz sent a letter to the governor of Egypt
asking him to reduce the load of a camel from one thousand to six
hundred pounds.23
Not
only physical harm to animals is prohibited, but also insulting or
cursing. An-Nawawi, in his famous compendium of Hadith Riyad
as-Salihin which has a topical arrangement, established a
chapter under the title “The Prohibition of Cursing a Specific
Human being or an Animal”. He narrated a hadith based on the
report of `Imran Ibn Al-Hasin who said:
“The
Messenger of God, peace
and blessings be upon him, was traveling once [with a group
of companions which included] a woman from amongst the Ansar on a
camel. [It seems that at one point driving her camel became
difficult] she was annoyed, and cursed the camel! The Messenger of
God heard her and said: ‘Now that it is cursed, unload it and
allow it [to roam free].’”
`Imran
said: I can almost see it now going around amongst people and no one
pays attention to it.24
One
of the most unique features of the
Shari
`ah is the way voluntary almsgiving [sadaqah]
is distributed. It is stated that it could be given “to rescue
those in need amongst the servants of God and the creatures that God
has enjoined upon us to take care of them.”25
This position is also stated by Ibn Taymiyyah who said that “being
good to animals is one way of Worshipping God [`Ibadah]”.26
All this is in line with the Hadith of the Prophet, peace and
blessings be upon him: “There is reward in [caring for]
every living being.”27
The
books of jurisprudence are full with discourses regarding the care
of animals. This should not come as a surprise if we know that one
of the prophets of Islam, Sulayman [Solomon], peace and blessings be
upon him, has changed the path of his army to avoid hurting ants:
“At
length, when they came to a (lowly) valley of ants, one of the ants
said: ‘O ye ants, get into your habitations, lest Solomon and his
soldiers crush you (under foot) without knowing it.’ So he smiled,
amused at her speech; and he said: ‘O my Lord! So order me that I
may be grateful for thy favors, which Thou hast bestowed on me and
my parents, and that I may work the righteousness that will please
Thee: and admit me, by Thy Grace, to the ranks of Thy righteous
Servants.’”
(Qur’an, 27:18-19)
So
the greatness of the kingdom that was granted to prophet Sulayman,
along with all the might associated with it, did not prevent him
from heeding to the ants. This position towards the ants is further
confirmed in a Hadith narrated by Abu Dawud, with a sound chain of
narrators, that Ibn `Abbas reported that the Prophet, peace and
blessings be upon him, prohibited the killing of four creatures: “The
ant, the bee, the hoopoe and the sparrow-hawk.”
The story of Nuh and the Flood also confirms the utmost care to
prevent the extinction of any species. God commanded him to carry a
pair of every species in the ark:
“…We
said: “Embark therein, of each kind two, male and female…”
(Qur’an,
11:40
)
Yet,
when an animal is proven to be a source of danger or harm, it is
permitted to kill it. Al-Bukhari and Muslim narrated from the report
of `A’ishah that the Messenger, peace and blessings be upon him,
said:
“Five
creatures, all harmful, can be killed in the Haram [Sanctuary of
Makkah]: the crow, the kite, the scorpion, the mouse and the dog
that bites [people without being provoked]”.
If
it were not for the harm, actual or anticipated, there would be no
permission to kill these animals, rodents, insects and birds. This
message is further confirmed in another Hadith of the Prophet, peace
and blessings be upon him, he said:
“Weren’t
the dogs a community like all communities, I would have ordered the
killing of [all] of them. So kill the wild and black amongst
them.”28
The
reference to animals living in communities is clearly stated in the
Qur’an:
“There
is not an animal (that lives) on the earth, nor a being that flies
on its wings, but (forms part of) communities like you…”
(Qur’an,
6:38
)
The
Hadith that allows killing the said five animals in the Haram, shows
that the original position towards the Haram, the Noble Sanctuary in
Makkah, is to prohibit any act of killing, including hunting, by
pilgrims. Also cutting the trees of the Haram is prohibited. The
Haram might be considered the first protected “natural
reservation” in the history of humanity. To emphasize the sanctity
of the Haram, which is created by Divine order, the transgressors
are punished:
“ye
who believe! Kill not game while in the Sacred precincts or in
pilgrim garb. If any of you doth so intentionally, the compensation
is an offering, brought to the Ka`bah, of a domestic animal
equivalent to the one killed, as adjudged by two just men among you;
or by way of atonement, the feeding of the indigent; or its
equivalent in fasts: that he may taste the penalty of his deed. God
forgives what is past: for repetition God will exact from him the
penalty. For God is Exalted, and the Lord of Retribution.”
(Qur’an, 5:98)
Islam
prohibited the cutting or destruction of trees and plants, and
encouraged people to protect and increase plants for the great
reward associated with that. The speech of Abu Bakr, that was
mentioned earlier, included the prohibition to destroy trees as an
act of vengeance or collective punishment. If this is the status of
plants in the Islamic world-view during war, it must be that they
“enjoy” a better position during the peaceful times.
Millions of trees are cut around the world each year to celebrate
Christmas and New Year. I am sure that Jesus Christ would not have
condoned that such acts are done in his name. Considering the
environment, Alden Hinkely said that Christianity has the worst
record. He also stated that Marx’s call to “control” nature
“echoes the teachings of the Bible”.29
For
the sake of comparison, the following Hadith of the Prophet, peace
and blessings be upon him, should prove to be useful:
“He
who cuts a lote-tree [without justification], God will send him to
Hellfire.”30
The
lote-tree grows in the desert and it is very much needed in an area
which has scarce vegetation. Dr. Al-Qaradawi understands this Hadith
in terms of protecting the natural resources and preserving the
balance that exists between the creatures in the environment.31
Against this background, where the life of one tree is
appreciated, one can see what is the Islamic position towards
destroying millions of trees as a result of humans directly acting
upon nature (e.g. deforestation) or indirectly (e.g. acid rain).
Islam encourages people to plant trees and all useful plants.
Indeed, similar to all acts performed in line with the Islamic
world-view, and when done intentionally for the sake of God, they
are considered and rewarded as acts of worshipping. Jabir reported
that the Prophet, peace and blessings be upon him, said:
“No
Muslim, who plants a shoot, except that whatever is eaten or stolen
from it, or anyone obtains the least thing from it, is considered
[like paying] almsgiving on his behalf until the Day of Judgment.”32
The
Prophet, peace and blessings be upon him, encouraged people to work
hard under all circumstances; he explained that in terms of planting
a palm-tree seedling, even if one realizes that it is the Day of
Judgment and that the world is coming to an end. It is for this
reason that is prohibited to let the land set idle for a long time
without working it out. Reviving a “dead” land could lead to
creating a legal right to use it indefinitely, as long as he
continues to plant it.
Protecting
the land from pollution is indicated in the many Hadiths that demand
encourage people to keep it clean. One Hadith states, among other
things, that God likes goodness, cleanliness, and generosity. The
Hadith ends with a request by the Prophet, peace and blessings be
upon him, asking Muslims to clean their courtyards.33
The
message that this Hadith sends is that cleanliness is something
desirable, good and reflects an act of generosity towards the
environment. Indeed, if cleanliness is something good, then it
should be reflected everywhere.
Islam has created a bond between faith and cleanliness, rendering
the latter as a part of creed. The Prophet, peace and blessings be
upon him, said:
“Faith
is some seventy branches, the highest of which is “There is no god
but God, and the least is removing obstacles from the path of
people, and that shyness is a branch of faith.”34
It
is obvious that clearing the path means, in this context, the
removal of material obstacles or solid waste which constitute a kind
of pollution. Abu Hurayrah reported that the Prophet, peace and
blessings be upon him, said: “Beware of the two [acts that
bring] curses: relieving oneself in the path of people, or in the
shade [i.e. where they usually rest].35
The
same concept is reiterated in another Hadith which, in addition to
the above two prohibitions, it mentions the prohibition of relieving
oneself in water sources (e.g. ponds, rivers …etc.).36
The
prohibition in these two Hadiths is intended to prevent pollution in
the language of today. The direct human polluting activity at the
time is extended to indirect sources of pollution, such as through
sewers. The natural pollutants of the time are extended to include
the chemical pollutants.
I would like to translate the language of the Hadith which prohibits
the pollution of water into a contemporary context. We know already
that chemicals such as pesticides, insecticides, herbicides…etc.,
are detrimental to the health of humans, and we know that much of
these chemicals reach the aquifers. So, by analogy, from the
perspective of the
Shari
`ah,
this is prohibited. It is not my intention, nor my field, to address
solutions, but the basic requirement is that scientists should come
up with environment-friendly solutions.
The
Shari
`ah
aims at protecting the environment, and while the individual is
asked to help in this respect, the ultimate responsibility is in the
hands of the state. When Abu Musa was sent to Al-Basrah as the new
governor, he addressed the people saying:
“I
was sent to you by `Umar Ibn Al-Khattab in order to teach you the
Book of your Lord [i.e. the Qur’an], the Sunnah [of your Prophet],
and to clean your streets.”37
The
function of the governor who represents the authority, in the
narration about Abu Musa, includes keeping the environment clean.
This position should be highlighted, because it challenges the
authority to deliver sound policies regarding the environment and to
implement them.
It
is God’s will that all living beings on earth are dependent for
their existence on water:
“…We
made from water every living thing…”
(Qur’an,
21:30
)
Furthermore,
there are tens of verses in the Qur’an that reflect the direct
involvement of the Divine Will whenever it rains. Following are
three examples:
“And
God sends down rain from the skies, and gives therewith life to the
earth…” (Qur’an,
16:65)
“…and He sends down rain from the sky and with it gives
life to earth…” (Qur’an, 30:24)
“And We send down from the sky rain charged with blessing,
and We produce therewith gardens and grain for harvests.” (Qur’an,
50:9)
While
we already know that every thing that takes place in this universe
is subject to Divine Will, such verses further highlight this fact.
We have already discussed the impact of faith and good conduct on
the environment. So, whenever there is a shortage of rain, the
“why” is known (without excluding the possibility of human
factors such as the greenhouse effect which, if proven right, is
left to the cause-effect realm of relationship) and the address of
the authority that can send relief, is also known.
In addition to the protection of water from pollution, the Sunnah
emphasized the proper use of water without wasting it. One more
Hadith regarding the protection of water is related to the use of
clean still water. The Prophet, peace and blessings be upon him,
said: “No one should bathe in still water, when he is
junub [i.e. either had intercourse or a wet dream].”38
The
Hadiths that directly focus on the proper use of water include the
following:
The
Prophet performed ablution three [times] and said: “Whoever
increases [more than three] he does injustice and wrong.”39
In
addition to the encouragement to save water, the Prophet himself
provided the model which should prove to be useful if followed by
Muslims and non-Muslims alike:
The
Messenger of God, peace
and blessings be upon him, performed ablution using one mudd
[i.e. a measure equal to a handful of water].40
Moreover,
the Prophet, peace and blessings be upon him, took a shower using
one sa` [four handfuls]. The Muslim scholars understood the
message of the Prophet in this respect and they have reiterated it
in their writings.41
Imam Al-Ghazali said that to have a shower one should not keep
pouring water, but should restrict oneself to the amount needed.42
In
a Hadith that reflects the future scene regarding the said issue,
the Prophet [S.A.A.S] said: “There will be a people
amongst this Ummah who will transgress in their supplication and
ablution.”43
It
is obvious that the transgressing in ablution means the use of
excessive amounts of water. This is contrary to the Islamic ethos.
Protecting
the air from pollutants can be deduced from the many Hadiths that,
at the time of the Prophet, peace and blessings be upon him,
discouraged or prohibited activities that result in offensive smells
and odors, from taking place in certain public places. We have
already mentioned some of the Hadiths that prohibit the Muslims from
relieving themselves near the rest place under a tree or near their
paths. It is clear that there are two associated harms with such
behavior: offensive scenes and smells. The Prophet himself, when
traveling with the companions, used to disappear from sight whenever
he had such a need.
Another Hadith aims at protecting the Muslim community from
offensive smells that result from eating garlic or onion. The
Prophet, peace and blessings be upon him, said: “He who
eats from this tree - meaning garlic - should not get close to our
mosque.”44
Jabir
reported the following: “He who eats garlic or onion
should stay away from us”, or he said: “should
stay away from our mosque and stay at his home.”45
The
period which one should stay away from the mosque is limited to the
duration of the smell. This is understood from the Hadith of
Al-Mughirah Ibn Shu`bah: “He who eats from this wicked
plant, should not get close to our mosque, until its smell goes.”46
Commenting
on eating garlic and onion, and the harm they cause to others
because of their smell, Dr. Yusuf Al-Qaradawi stated the following:
“What
should be prohibited in our times, without any doubt, is smoking
[tobacco] for it harms people. These [onion and garlic] plants are
originally lawful, yet smoking is harmful to the [physical] and
mental health, and to the economy. So, the appropriate ruling is to
prohibit it…”47
So
Al-Qaradawi based his religious ruling [fatwa] upon the
fact that smoking is detrimental to the health of primary and
secondary smokers. It is the harm that results from releasing
anything into the air which forms the backbone of al-Qaradawi’s
fatwa. By analogy, anything that pollutes the air and is detrimental
to the health should be prohibited. This includes indirect harm such
as in the case of CFC which depletes the ozone. Harmful fumes that
cannot be prohibited all together, should be reduced and
alternatives should be made popular. The level of Carbon Monoxide
would certainly be reduced if “solar” cars become popular!
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Human
Beings
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Animals
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Plants
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Land
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Water
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Air
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