Ethics and Fiqh of Contemporary Issues

Ethics in Islam: Definition, Importance and Kinds

• Definition:

  • Derived from Greek ethos: character.

  • Technical meaning:

    • The field of study that has morality as its subject matter.

    • Values or rules of conduct.

• Ethics/ ilm al-akhlaq*: *ilm al-akhlaq (science of morality), studies akhlaq (morals).

  • Khuluq (singular): nature, innate disposition; moral character.

  • Khalq: physical aspect of man.

  • Inner (khuluq) and outer (khalq) aspects are interrelated.

• Importance of Ethics in Islam:

  • Morality/good moral character is the spirit of Islam.

  • Validation and authentication of Iman.

    • Divine ethics: Allah as the Ultimate Moral Entity.

    • Ethico-religious: embodiment of HIS moralities in fulfilling obligations.

    • Social Ethics: among humans and other creations.

• Morality as Validation of Iman:

  • Level of faith (iman) is proportional to the level of morals.

• Why be moral?

  • Spiritual benefits:

    • Good morals = voluntary worship.

    • The dearest one to Allah possesses superior moral qualities.

    • Good morals eliminate sins – bad morals spoil virtues.

  • Social benefits:

    • Stable, secure, and harmonious society.

    • Directing civilization to a just end.

    • Strong and peaceful family life.

    • Good leadership.

    • Building good reputation.

    • Wining hearts of people.

• Fields Of Ethics

  • Normative.

  • Metaethics.

  • Applied.

The Relationship Between Ethics, Fiqh and Law

• Morality/Ethics and Law:

  • Both law and morality are the basis of actions.

  • Law:

    • Provides legal code.

    • Concerned with acts rather than attitudes.

  • Morality:

    • Provides reasons behind laws.

    • May not be enforced through law.

• Ethics and Fiqh: Differences

  • 1st position: Fiqh and ethics are not the same.

  • 2nd position: Fiqh and ethics are the same.

  • 3rd position: The question whether fiqh and ethics are different or same is wrong.

• Fiqh & Law

  • Fiqh is wider than Law:

    • In fiqh, there is Qada and fatwa

    • Qada (justiciable, e.g. punishment for mruder)

    • Fatwa (non-justiciable, e.g. lying)

  • Morality above fiqh and law

• Morality and Etiquettes

  • “Etiquette” pertains to norms that are of little ethical significance.

• Inculcation of Moral Values

  • Willingness and Determination (‘Azm).

  • Motivation (Raghbah & Rahbah).

  • Training and habituation (Tadrib).

  • Environment (Bi’ah).

Core Moral Values in Islam

• Classification of Moral Values:

  • Primary Level: Descriptive.

  • Secondary Level: Evaluative (Classifies various descriptive moral values).

    • Principle of Semantic Analysis: science of meaning, drawing meaning from the text.

• Amanah

  • Honesty, sincerity, trustworthiness, responsibility.

  • Aspects:

    • Vicegerency.

    • Family.

    • Deposits.

    • Secrets.

    • Work/public office.

    • Wealth & abilities.

• Adalah-The Concept of Justice

  • Definition

    • Place things in their rightful places.

    • Giving people what they deserve.

    • Impartiality, truth, avoiding oppression/bias, balance.

  • Forms of Expression in the Quran

    • $al-’adl$ and its derivatives= 10 times

    • Al-qist and its derivatives= 18 times

  • Forms of Justice

    • Judging between people.

    • Sayings.

    • Treating people.

    • State of mind/way of thinking

  • Why is Justice Required?

    • Individual level: avoid consequences of injustice.

    • Societal Level

  • Injustice/Tyranny/ Zulm

    • Placing something not in its proper place.

    • Exceeding limits, causing harm.

  • Who is a Zalim?

  • Injustice leads to bankruptcy

• Birr and Ithm

  • Quran and Sunnah define quality of the word ”Birr” (Descriptive)

  • Quran and Sunnah define quality of the word ”ithm” (Descriptive)

  • Khyr and Sharr (Evaluative)

  • Moral goodness vs Moral badness

  • What is Birr?

    • Acts and speech pleasing to the soul/heart; Husn al-Khuluq.

  • Ithm

    • Suspicion in the soul, hesitation.

• الأمر بالمعروف والنهي عن المنكر

  • Ma‘rūf: known, socially approved, acknowledged & approved by divine law.

  • Munkar: Unknown, foreign, religiously bad (conflicts with God’s commands).

  • Levels of Al-'Amru bi al-Ma'ruf wa al-Nahyu 'an al-Munkar

    • Society

    • Relatives

    • Family

  • Means and ways of Al-’Amru bi al-Ma‘ruf wa al-Nahyu ‘an al-Munkar

    • Physical approach

    • Verbal approach

    • Internal approach

  • Conditions of al-amr

    • Knowledge on it (al-amr wa al-nahy)

    • Kindness

    • Patience (against inflictions)

    • Ikhas

    • sidq

  • Whose duty?

    • Individual/community duties

  • Those who leave this duty

    • Curse of Allah

    • Ugliest act

  • Significance

    • Reminder for Muslims, safeguard society.

  • Is this concept against personal freedom?

    • Islam does allow constructive interference in personal affairs of others.

  • Khyr and Sharr

    • Worldly/religious affairs, God’s bounty, revelation, belief, pious work.