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The Dignity of Man An Islamic Perspective 2nd Edition
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Author(s): Prof. Mohammad Hashim Kamali
ISBN(s): 9781903682036, 1903682037
Edition: 2
File Details: PDF, 6.97 MB
Year: 2002
Language: english
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Mohammad Hashim Kamali
THE DIGNITY. QdidMcAdn
An Islamic Perspective
ISLAMIC GEX.ES SOCLE LY:

Copyright © Mohammad Hashim Kamali 1999, 2002
This edition published 2002 by The Islamic Texts Society

22a Brooklands Avenue, Cambridge CB2 2DQ, U.K.
ISBN 1 903682 00 2 paper

ISBN 1 903682 03 7 cloth
First published 1999 by Ilmiah Publishers, Kuala Lumpur, Malaysia
British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library
No part of the book may be reproduced in any form without the prior
permission of the publishers. All rights reserved.
ABOUT THE AUTHOR
Dr. Mohammad Hashim Kamali is Professor of Law at the

International Islamic University of Malaysia, where he has been
teaching Islamic law and jurisprudence since 1985. Born in
Afghanistan in 1944, he studied law at Kabul University, where he
was later appointed Assistant Professor. Following this he worked as
Public Attorney with the Ministry of Justice in Afghanistan. He
completed his LL.M. and his doctoral studies at London University,
where he specialised in Islamic law and Middle Eastern Studies. Dr.
Kamali then held the post of Assistant Professor at the Institute of
Islamic Studies at McGill University in Montreal, and later worked
as a Research Associate with the Social Science and Humanities
Research Council of Canada. He is the author of Law in Afghanistan.
A Study of the Constitutions, Matrimonial Law and the Judiciary (Leiden:
EJ. Brill, 1985); Principles of Islamic Jurisprudence (second edition,
Cambridge: The Islamic Texts Society, 1991); Freedom of Expression
in Islam (Kuala Lumpur: Berita, 1994; new edition, Cambridge: The
Islamic Texts Society, 1997); Punishment in Islamic Law: an Enquiry
into the Hudad Bill of Kelantan (Kuala Lumpur: Institute for Policy
Research, 1995); Istihstn (Juristic Preference) and its Application to
Contemporary Issues (Jeddah: Islamic Research and Training Institute,
Eminent Scholars Lecture Series No. 20, 1997) and numerous
articles in reputable international journals. He is twice recipient
of the Isma‘il al-Faraigi Award for Academic Excellence in 1995 and
1997. Dr. Kamali whishes to acknowledge that he prepared the
present edition of this book during his stay at the Institute for
Advanced Study, Berlin, where he was a fellow for the academic year
2000-2001.
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Contents
Introduction 1x
CHAPTER ONE The Qur’anic View of Human Dignity

CHAPTER TWO Fraternity of Man
CHAPTER THREE Man’s Physical and Spiritual Pre-eminence 10

CHAPTER FOUR God’s Love for Humanity 13
CHAPTER FIVE Right to Personal Safety Al
CHAPTER SIX Dignity and Just Character (“Adalah) 30
CHAPTER SEVEN Man and the Universe 36
CHAPTER EIGHT Dignity and Freedom 39
CHAPTER NINE Commitment to Equality 45
CHAPTER TEN Commitment to Virtue 48
CHAPTER ELEVEN Accountability in Government 55
CHAPTER TWELVE Personal Privacy 61
CHAPTER THIRTEEN Compassion and Tolerance 68
CHAPTER FOURTEEN Social Decorum 73
CHAPTER FIFTEEN Safeguards Against Physical Abuse 81
CHAPTER SIXTEEN Dignity and the Objectives 90
(Magasid) of the Shariah
CHAPTER SEVENTEEN Dignity and the Issue of Basic

Human Needs 95
Conclusion 102
Glossary 105
Bibliography 109
Index 114
Introduction
Human rights are a manifestation of human dignity. Constitutional

proclamations on the rights of the citizen are a way of upholding the
dignity and worth of the human person. Rights and liberties that are
inherent in humanity, such as freedom, equality, and the right to
personal safety, as well as those that are acquired as a result of human
effort, such as ownership, are all rooted in human dignity. ‘Human
rights’, as the UN Secretary General Kofi Annan pointed out, “assert
the dignity of each and every individual human being, and the invi-
olability of the individual’s rights. They belong inherently to each
person, each individual, and are not conferred by or subject to any
governmental authority.’! From the Islamic perspective, dignity is a
manifestation of God’s favour on mankind. Yet the concepts of right,
human rights, and of human dignity are not entirely objective and
value-free as they are often read in the context of tradition, public
opinion, and culture. A Confucian might see right and order as a
question of ‘good manners, propriety and consideration for others’;
a Hindu might see them another way; and the Western perception
of human rights is predominantly individualist as it is focused on
individual claims and privileges to the neglect, sometimes, of indi-
vidual responsibilities and obligations. The Universal Declaration of
Human Rights (UDHR) has often been criticised for its neglect of
community rights, and also for being seen as less than universal in
that it is rooted mainly in Western values and culture. Formulated in
the wake of World War II by the dominant military powers who
colonised most of the remaining parts of the earth, the Declaration
was drafted in a language and style that did not fully reflect the con-
cerns of non-Western peoples.
x THE DIGNITY OF MAN
The bewildering devastation of World War II had prompted con-

cern that such atrocities should never happen again, and hence the
emergence of the ideology of human rights, which became, for the
first time, an engaging theme of international concern. Unlike ‘civil
rights’ or ‘minority rights’, the idea of human rights implied univer-
sality, ascribing to all individuais certain inalienable rights by virtue
of their humanity. Following World War II, individuals and civic
organisations campaigned to establish an international bill of rights,
and the Universal Declaration of Human Rights was adopted by the
United Nations General Assembly on 10 December 1948.
The divisive policies of Nazi Germany and Imperial Japan were
discredited in the post-World War II period and belief in the emer-
gence of a global community with common allegiance to human
rights was gaining ground. In the United States, an unprecedented
movement for ‘one world’ and a spirit of unity that blended the
philosophies and cultures of East and West had emerged. Global
unity was seen as an even more urgent necessity, because of the
threat of atomic war, and many believed that humanity faced the
choice of ‘one world or none’.
There was at the time much debate on the philosophical tenden-
cies and cultural influences that were reflected in the Declaration.
Human rights activists sought to demonstrate a cross-cultural basis for
the underlying values of the Declaration. The UN Educational,
Scientific and Cultural Organisation (UNESCO) had in 1948 dis-
seminated a volume of essays on human rights perspectives in Islam,
Hinduism, Marxism and Confucianism. The UN General Assembly
deliberations on the Declaration had also seen attempts by participat-
ing countries to remove the imprint of the natural law theory on the
Document. The initial draft of the Declaration’s first article, which
stated that human beings were endowed with rights ‘by nature’, was
removed to avoid philosophical disagreement on the origin of rights.
Article (1) was then amended to read that, ‘All human beings were
born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spir-
it of brotherhood.’ The consensus, after much debate, was that
philosophical agreement could not be reached but that member
countries should arrive at a practical agreement on a bill of rights that
would help individuals and peoples fight oppression. In the final vote
on the Declaration, no country voted against it, except the Soviet
Union and several Communist states, and Saudi Arabia abstained.
Saudi Arabia, Pakistan, Egypt and several other Muslim countries
Introduction x1
objected to Article (18) of the Declaration which guaranteed free-

dom to change one’s religion. But this argument was challenged not
by Western diplomats, but by a divergent voice from within the
Muslim World. Zafrullah Khan, the then Foreign Minister of
Pakistan, advocated the view, quoting the Qur’4n, that Islam recog-
nised the right to conversion, and ultimately persuaded every
Muslim country, except Saudi Arabia, to vote in favour of the
Declaration. Even Saudi Arabia, despite its abstention in the final
vote, had not objected to the principle of human rights as a whole.
It had, in fact, contributed to the discussions in the General Assembly
at one point where the Declaration’s reference to everyone’s entitle-
ment to ‘social security’ in Article (22) was to be replaced by ‘social
justice’ because of the clear correspondence of the latter phrase with
Islamic principles.
More recently the view has been expressed by a number of Asian
governments in various international events that some human rights
are undoubtedly universal, but there are other human rights that are
founded on the Western ideal of individual autonomy and do not
accord with ‘Asian values’. It was also said that the UDHR had been
drawn up without their participation and so it was not truly univer-
sal. It was further stated that in the absence of economic develop-
ment and social stability, emphasis on civil and political rights in the
developed countries would be inappropriate.
These views were reflected in the Bangkok Declaration, which
was adopted in March 1993 by the Asian States, prior to the Vienna
World Conference on Human Rights held later in the same year.
The Bangkok Declaration provided in Article(8) that “while human
rights are universal in nature, they must be considered in the context
of [...] national and regional particularities and various historical, cul-
tural and religious backgrounds’.
Human rights in the West are seen primarily in the context of the
relationship of citizen and state, a relic of their historical origin as
claims articulated by the bourgeoisie in the modern West against
absolutist states. Although the concept of human rights has in the
twentieth century expanded to include collective rights as well as
social and economic rights, these additions have not changed the
view of human rights as claims that citizens make upon their states.
This premise seems to be somewhat oblivious of the growing recog-
nition that non-state parties such as warlords, tribal and guerrilla
groups can also violate human rights. Moreover, there is yet insuffi-
cient recognition, let alone consensus, on the degree to which more
xii THE DIGNITY OF MAN
powerful agents of international systems, whether dominant govern-

ments, multinational corporations, fund managers and currency spec-
ulators, also can and do violate human rights. The question may also
be asked as to how the Declaration attends to the emerging global
system, and the increasing menace of globalisation to individuals, less
powerful communities and states? Can the language of the
Declaration be applied to the relationship between individuals and
global political and financial systems? Do issues of global concern,
such as economic imbalance and a fair distribution of resources fall
within the scope of the Declaration? As one observer commented on
the fiftieth anniversary of the UDHR, ‘the international order
remains a much unbalanced one, dominated by Western industri-
alised powers. This is true of the UN itself as well as of multilateral
organisations like the International Monetary Fund, World Health
Organisation, etc.’? Another commentator posed the following ques-
tions: “Do individuals in Asia and Africa have the right to protest the
blatantly undemocratic representation of the UN Security Council?
Can citizens of the international community argue that nuclear
weapons—not just in India, Pakistan or North Korea, but also in the
United States, home to half the World’s arsenal—threaten their
rights to life and security?’? It seems that the theory of human rights
has not evolved to keep pace with the course of changes since its
inception. Daim Zainuddin has observed that the fundamentals that
influenced the Declaration should be reviewed. When the
Declaration was proclaimed in 1948, there were only about forty
members in the United Nations. Today, there are more than 180
members. He added, however, that the present Declaration is not
fundamentally flawed, only that ‘the passage of time and the emer-
gence of new situations and issues necessitate the formulation of a
new declaration or a major overhaul of the present declaration’.*
Cumaraswamy has expounded the opposite view to the effect that
the relativist position that questions the universality of the UDHR is
inconsistent in the sense that most of the member states have subse-
quently accepted and ratified the Declaration. Quoted in support of
this view is the resolutions of the June 1993 World Conference on
Human Rights in Vienna where some 171 Member States of the
UN participated and clearly upheld ‘the universality of human rights
and argued that cultural and religious traditions did not constitute an
obstacle to the realisation of international human rights norms’.
When states accept human rights as expounded in the UDHR and
other supportive documents, they still need to deal with the delicate
Introduction xiii
task of interpreting and applying these rights in local contexts. The

implementation of international human rights norms are thus
inevitably conditioned by the historical, cultural and social particu-
larities of the countries concerned. This, however, ‘does not deny or
diminish the importance of the principle of universality of human
rights as enshrined in the 1948 Declaration’.® It thus appears that the
two views are not necessarily in conflict. The advocates of the rela-
tivist view seem to be mainly concerned with the implementation of
the UDHR and a certain recognition of the local context for
enforcement, while accepting in principle the universalist calibre of
human rights. The relativist view does not therefore necessarily deny
the universalist approach. Musa Hitam, the leader of the Malaysian
delegation to the UN Commission on Human Rights, has noted that
it was admittedly the victors of the war who dominated the framing
of the Declaration, and that the ‘world’ as it was then is not the
world as it is now: He adds that ‘it would be wrong, however, to say
that for this reason alone the Declaration could not be acceptable or
be relevant’.’
Islam’s perception of human rights is not premised on the indi-
vidual versus nation-state framework. The nation-state itself repre-
sents a superimposition, which has little claim to authenticity in the
authoritative sources of Islam, namely the Qur’4n and Sunnah. The
Qur’an and Sunnah lend support to the creation of a political order
and leadership that takes charge of community affairs and administers
justice. But the main actor and audience in all this is the individual,
not the state. The Qur’an also addresses the individual and the com-
munity of believers when it speaks of the duty of hisbah, that is, the
‘promotion of good and prevention of evil’ (amr bi’l-ma‘rif wa nahy
‘an al-munkar). The community of believers, the ummah, 1s consis-
tently addressed in the Qur’an as ‘O you who believe’, that is, the
plurality of individual believers, not a separate or corporate body of
its own. The individual is required to obey the uli al-amr, that is,
persons who are entrusted with leadership but who are accountable
to the community. The whole conception of Islamic political organ-
isation and the state is service-oriented and humanitarian in the sense
that the individual remains the principal actor in all its parts. The
state as a corporate entity is not the primary actor, nor is it the repos-
itory of supreme political authority. The ummah or the community
of believers, is the locus of political authority, which is often described
as a form of executive sovereignty. This is a delegated sovereignty
that is founded in the Qur’anic doctrine of the vicegerency of man
xiv THE DIGNITY OF MAN
on earth, that is, the khildfah. It is by virtue of this derived, or dele-

gated, sovereignty that the community is seen as the repository of
political power.
Islam has devised a unitary system of law and government in
which ultimate sovereignty belongs only to God. Both the individ-
ual and the state are subject to the same law and their basic rights and
duties are predetermined by the Shari‘ah. The objectives of justice,
promotion of benefit (maslahah) and prevention of corruption and
harm (mafsadah), are to be pursued by both, and the state has no
authority to overrule or replace the Shari‘ah, or to violate any of its
principles. Thus the duality of interests between the individual and
state envisaged in the modern theory of human rights does not pres-
ent a dominant source of concern for the Muslim jurists. The jurists
and ‘ulama’ did not proceed on the assumption that the interests of
the individual and state were potentially in conflict. The view has
prevailed instead that Islam assumes a basic harmony between the
individual and state, which is to be realised through the implemen-
tation of the Shari‘ah. This is a consequence partly of the Qur’anic
doctrine of unicity (tawhid), which has profoundly influenced Islamic
thought and institutions. When the state succeeds in enforcing the
Shari‘ah, it satisfies the basic purpose of its existence. Since individ-
ual and state are expected to subscribe to the same set of values, and
the state exists in order to administer justice, no necessary conflict is
assumed to exist between the rights of the individual and the state
power.
A similar scenario can be visualised with regard to modern consti-
tutional law, which resembles the theory of human rights in that
both are predicated on the duality of interests between the individ-
ual and state. Constitutionalism as a phenomenon emerged and
developed on the assumption that the nation-state presented a men-
ace to the rights and liberties of the citizen. These rights were poten-
tially in conflict with state power and its relentless drive to control
the lives and activities of its citizens. Constitutional law was then
developed in the West as an instrument for regulating this conflict.
More recently, however, this perception of duality in the fabric of
constitutional law has also been questioned and there has been grow-
ing recognition of the view that the state is a potential ally and pro-
tector of civil rights and liberties. This shift in the underlying per-
ception of constitutional law would, in turn, seem to require paral-
lel changes in the theory and practice of constitution in the
nation-states as they stand, something which has evidently not yet
Introduction XV
materialised and which present a fresh challenge for future reform of

constitutional law.
Islam’s perception of leadership and political power that adminis-
ters the affairs of the community is inherently individualist in the
sense that leaders are committed to serve the best interests of the
individual. The state is under duty to protect the five essential inter-
ests (i.e. al-daniiriyat al-khamsah), namely, faith, life, property, intellect
and lineage, through the establishment of a just political order and
government. The Qur’an has proclaimed human dignity an inherent
right of the individual in an absolute and unqualified sense, as dis-
cussed below, and this then provides a matrix for the rest of his basic
rights. |
When human rights are seen as a manifestation of respect for
human dignity, human rights are likely to have a more authentic
basis across cultural traditions. As one commentator noted, ‘nothing
could be more important than to underscore and defend the dignity
of the human person’.® To take dignity as the goal and purpose of
human rights would be to enrich the calibre and substance of these
rights.
Islam’s perception of human rights is rooted in human dignity and
it is, at the same time, intertwined with human obligation.
Obligation is a primary concept, indeed the main focus, of the
Shari‘ah, and it often takes priority over right. Indeed, it is through
the acceptance and fulfilment of obligations that individuals acquire
certain rights. Dignity thus becomes a reality when there is a bal-
anced emphasis on rights and obligations.
World cultures and traditions tend to differ not only in the
value-content of human rights but in regard to many other variables
that influence the place and priority that is given to those rights. The
Western tradition posits freedom in order mainly to avoid the out-
come of a despotic system of government, while Islam emphasises
virtue as a goal for both the individual and society. The West empha-
sises individual rights and interests, while Islam gives priority to col-
lective good in the event where the latter conflicts with the interest
of the individual. Having said this, the individual still remains the
primary agent and focus of attention in Islamic law.
The Qur’an is expressive of the dignity of man in numerous
places and a variety of contexts, including the image that it con-
veys of the physical aspects of man’s creation, his spiritual ranking,
and the affirmation of God’s love for mankind. The Qur’an is also
expressive of the dignity of man in its proclamations on man’s
xvi THE DIGNITY OF MAN
appointment as God’s vicegerent on earth, the subjugation of the

created universe and its resources to man’s benefit and service, and
the protective and punitive measures that are designed to safe-
guard human dignity. Social decorum and dignified encounter,
just and upright character, safeguards against physical abuse, and
protection against poverty and degradation are some of the other
areas where Islam provides substance to its perception of human
dignity. The Sunnah of the Prophet also provides the authority for
protecting the dignity of the dead in almost the same manner as
that of the living. These are some of the themes that are elaborat-
ed in the following pages. But one of the basic postulates that this
work develops in some detail is that of God’s love as the cause of
the creation of man and of the conferment of dignity on him.
Man’s dignity is, in other words, an affirmation of God’s love for
human beings. Any discussion on human dignity in Islam needs,
therefore, to begin with a survey of Qur’anic declarations on the
subject.
NOTES
1. Quoted in a feature article in The Star, ‘Weighing Our Rights and

Freedoms’, 10 December 1998, Section 2, px:
2. Francis Loh, ‘Striving to Reach Ideals’, The Star, 10 December 1998,
Section 2, p. 5.
3. Shirin Sinnar, ‘Reflection on the 50th Anniversary of the Universal
Declaration of Human Rights’, Commentary: International Movement for a Just
World (Kuala Lumpur), new series, no. 19 (December 1998), p. 4.
4. Quoted in Param Cumaraswamiy, “The Universal Declaration of Human
Raights—Is it Universal?’, Insaf: The Journal of the Malaysia Bar, XXVI, no. 4
(December 1997), p. 39.
5. Ibid., p. 42.
6. Ibid., p. 43.
7. Interview with Musa Hitam, The Star, 10 December 1998, Section 2,
pis:
8. Raimondo Pannikar, ‘Is the Notion of Human Rights a Western
Concept?’, Interculture (Montreal), vol. 17, no. 1 (March 1982), p. 28.
CHAPTER ONE
The Qur’anic View of Human Dignity
The Qur’anic vision of human dignity is manifested in various ways

and in different contexts. To begin with, we read the direct and
unqualified affirmation of the dignity of man in the following
Qur’anic text, where God Most High declares:
We have bestowed dignity on the progeny of Adam [...] and conferred

on them special favours, above a great part of Our creation. (al-Isra’,
17:70) hed
Shs
”
The text here is self-evident and comprehensive in its recognition of

dignity for all human beings without limitations or qualifications of
any kind. Thus according to al-Alusi (d. 1270/1854), ‘everyone and
all members of the human race, including the pious and the sinner,
are endowed with dignity, nobility and honour, which cannot be
exclusively expounded and identified. Ibn “Abbas, the Companion of
the Prophet Muhammad & famed for his Qur’anic exegesis, has
commented, however, that God Most High has honoured mankind
by endowing him with the faculty of reason.”!
Dignity in other words is not earned by meritorious conduct; it 1s
an expression of God’s favour and grace. Mustafa al-Siba‘I and Hasan
al-‘Ili have similarly remarked that dignity is a proven right of every
human being regardless of colour, race or religion.* Ahmad Yusri has
drawn the conclusion that ‘dignity is established for every human
2 THE DIGNITY OF MAN
being as of the moment of birth’.? Sayyid Qutb has similarly stated

that dignity is the natural right of every individual. The children of
Adam have been honoured not for their personal attributes or status
in society, but for the fact that they are human beings. “Dignity is
therefore the absolute right of everyone.’* Al-Zuhayli has similarly
noted that ‘dignity is the natural right (haqq tabi‘i) of every human
being. Islam has upheld it as such and made it a principle of govern-
ment and a criterion of interaction (al-mu‘amalah) among people.’ It
is not permissible to violate the personal dignity of anyone, regard-
less of whether the person is pious or of ill-repute, Muslim or
non-Muslim. Even a criminal is entitled to dignified treatment. For
punishment is meant to be for retribution and reform, not indignity
and humiliation.° Most of these commentators have made reference,
in addition to the clear text of the Qur’4n, to the hadith that records
the incident where the Prophet & saw a funeral procession passing
by; upon seeing it, he rose in respect and remained standing until one
of his Companions informed him that the deceased person was a Jew.
This intervention provoked the Prophet’s disapproval as he posed the
question, ‘Was he not a human being?’® The Prophet &, in other
words, did not consider the religious following of the deceased per-
son to have any bearing on his inherent dignity, which called for
unqualified respect. Muhammad al-Ghazali has quoted Ibn Hazm to
the effect that a Christian woman, Umm al-Harith bint Abi Rabi‘ah,
died and the Prophet’s Companions took part in her funeral proces-
sion.’ Al-Ghazali then concluded that ‘we would like to see that our
relations with other communities are founded on this kind of latitude
(al-samahah). This is because we believe that Islam commands us to
have good and peaceful relations with those who are not aggressive
toward us’.8 The Qur’anic declaration under review has also prompt-
ed Weeramantry to observe that the Qur’an makes dignity intrinsic
to the personality of every individual so that ‘no regime, however
powerful, could take it away from him’. This inherent human digni-
ty also ‘provides the basis of modern doctrines of human rights’.?
The Qur’anic declaration of dignity for the whole of the human
race in the foregoing dyah has, in another place, been more specifi-
cally endorsed with reference to the Muslims. The dignified status
(al-‘izzah) of the believers is thus expounded alongside that of God
Most High and His Messenger, Muhammad &&:
And honour belongs to God, to His Messenger and the believers.

(al-Munifiqiin, 63:8)
The Qur’anic View of Human Dignity 3
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On a more general note, the Prophet & declared in a hadith that
‘people are God’s children and those dearest to God are the ones
who treat His children kindly’.!°
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The Qur’an and Sunnah normally refer to people as God’s servants
(‘ibad Allah), but here they are elevated to the status of God’s beloved
children, which naturally conveys a more dignified status.
In the physical world according to the worldview of Islam, there
is no place on earth holier than the House of God, the Ka‘ba. Yet
the Prophet & drew the following parallel to express the extent of
the dignity of the believers. The Prophet &, while facing the Ka‘ba,
said:
You are most pure and most dignified, but by the One in whose hands
Muhammad’s life reposes, the sanctity and honour of a believer, his life
and his property, is far greater than yours in the eyes of God."
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These clear affirmations of the dignity of man are in turn endorsed

in a variety of other contexts in the Qur’an and Sunnah, one of
which is the basic unity in the creation of mankind, and its equality
in the eyes of the Creator.
NOTES
1. Mahmid al-Alisi, Rah al-Ma‘anift Tafsir al-Qur’an al-“Azim, Beirut,

Dar al-Turath al-‘Arabi, n.d., vol. XV, p. 117.
2. Mustafa al-Siba%, Ishtirakiyyat al-Islam, 2nd edn, Damascus, al-Dar al-
Qawmiyyah li’l-Tiba‘ah wa’l-Nashr, 1379/1960, p. 66; “Abd al-Hakim Hasan
al-Ili, al-Hurriyyat al--Ammah, Cairo, Dar al-Fikr, 1403/1983, p. 361.

3. Ahmad Yusri, Huqiig al-Insan wa Asbab al-“Unf fi’l-Mujtama‘ al-Islamifi
Daw’ Ahkam al-Shari‘ah, Alexandria (Egypt), Mansha’at al-Ma‘arif, 1993, p. 30.
4. Sayyid Qutb, al-‘Adalah al-Ijtima‘iyyah fi'l-Islim, 4th edn, Cairo, ‘Isa al-
Babi al-Halabi, 1373/1954, p. 59.
5. Wahbah al-Zuhayli, al-Figh al-Islami wa Adillatuh, 3rd edn, 8 vols.,
Damascus, Dar al-Fikr, 1409/1989, VI, 720.
6. Qutb, al-‘Adalah al-Ijtima‘iyyah p. 30; al-‘Ili, Hurriyyat, p. 361;
Muhammad Abii Zahrah, Tanzim al-Islam li’l-Mujtama‘, Cairo, Dar al-Fikr al-
“Arabi, 1385/1965, p. 28.
7. Muhammad al-Ghazali, Hugi al-Insan bayn Ta‘alim al-Islam wa Ilan al-
Umam al-Muttahidah, Alexandria (Egypt), Dar al-Da‘wah li’l-Nashr wa’l-
Tawzi‘, 1413/1993, p. 37. The reference to Ibn Hazm 1s to his al-Muhalla (K.
al-Jana’iz) where similar other reports concerning the Companions have also
been recorded.
8. Ibid.
9. J. Weeramantry, Islamic Jurisprudence: An International Perspective,
Basingstoke (UK), Macmillan, 1988, p. 64.
10. ‘Abd Allah al-Khatib al-Tabrizi, Mishkat al-Masabih, ed. Muhammad
Nasir al-Din al-Albani, 2nd edn, Beirut, al-Maktab al-Islami, 1399/1979, vol.
II, hadith no. 4998.
11. Al-Tabrizi, Mishkat, vol. Il, hadith no. 2724.
CHAPTER TWO
Fraternity of Man
The Qur’anic vision of mankind is basically that of a single, unified

entity, regardless of any differences of origin and status. Unity and
equality are the necessary postulates of human dignity, as without
these human dignity as a universal value will necessarily be compro-
mised. One of the most explicit passages in the Qur’an on the unity
inherent in the essence and origin of mankind is as follows:
O mankind! Keep your duty to your Lord, who created you from a sin-
gle soul and created its mate of the same [kind] and created from them
countless men and women. And keep your duty to your Lord, by Whom
you demand your rights from one another, and [observe] the ties of kin-
ship. (al-Nisa’, 4:1)
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The key phrase in this text is ‘khalagakum min nafsin wahidatin’—
‘He created you from a single soul’—which also occurs in identical
terms elsewhere in the Qur’4n (al-Zumar, 39:6). This phrase seems
to imply, in addition to its immediate meaning, that Eve was not cre-
ated, as it were, from Adam’s rib, but made in a like manner, and
God breathed into them both of His own spirit. What is in common
is this soul, and this is confirmed by the fact that in both ayat, the ref-
erence to it is in the female singular (i.e. minha), which could not be
a reference to Adam. The Prophet & has added his voice to this
message of unity in the following hadith: ‘O people, your Creator is
one; you are all from the same ancestor; all of you are from Adam,
and Adam was created from earth.”!
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The Qur’an provides evidence to the effect that Islam validates and
combines in its own teachings the basic values of other revealed reli-
gions. As such, Islam is addressed to humanity at large, and all its
basic teachings on justice, promotion of good and prevention of evil
(amr bi’l-ma‘rafwa nahy ‘an al-munkar), the doing of good (ihsan), co-
operation in good works (ta‘awun) and building and beautifying the
earth (‘imdar al-ard) are addressed to all people. Similarly, the
Qur’anic designation of khilafah, that is, God’s appointment of man
as His vicegerent on earth, and the numerous references in the
Qur’an to the subjugation (taskhir) of the universe to the benefit of
man, are addressed to the whole of mankind. The essence of wor-
ship (“ibadah) is also a common theme of all religions, as the Qur’an
declares in its address:
O mankind! Worship your Lord who created you and those who came
before you so that you attain excellence of conduct. (al-Baqarah, 2: 21)
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The Qur’an is also addressed to humanity at large, as indicated in the
following dyah:
O mankind! A proof has come to you from your Lord in which there is
clear enlightenment for you. (al-Nisa’ 4:174)
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The substance of this last ayah is upheld elsewhere, where the Qur’an
refers to itself by saying:
Fraternity of Man 7
This is an explanation for mankind, guidance and good advice to the

God-fearing. (Al ‘Imran, 3:138)
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Yet another Qur’anic address provides:
O mankind! There has come to you an exhortation from your Lord, a

healing for [spiritual ailments] in your hearts, and guidance and mercy for
the believers. (Yinus, 10:57)
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The typical Qur’anic address ‘O people’ (ya ayyuha al-nas) is ‘for

humanity at large without any specification of a section or group
thereof. All are therefore included without any exception whatsoev-
er’. Whereas some previous scriptures and prophets were, by their
own acknowledgement, sent and addressed to particular groups of
people, such the prophet Lot, for example, the prophethood of
Muhammad ££ was not so confined—as God Most High addressed
Muhammad £ in the Qur’an:
And We have not sent you but as a warner and bringer of good news to
all people. (Saba’, 34:28)
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Unity in origin, unity in creation, and unity in basic values necessar-
ily means that Islam seeks to bring benefit and improvement to all
people and all races. They must all enjoy equality and equal treat-
ment without any discrimination. Abii Zahrah has to this effect
quoted a hadith wherein the Prophet & said that ‘God does not look
at your faces but He looks at your hearts’.°
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Thus intentions and one’s actions are more important than who one
is. Aba Zahrah has also recorded an incident in which the Prophet
& heard a man calling another ‘Ibn al-Sawda’ (the son of a black
woman) and then emphatically said:
The measure has been exceeded, the measure has been exceeded, the
measure has been exceeded. The son of a white woman has no superior-
ity over the son of a black woman except on grounds of God-con-
sciousness.
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Since all people are brothers and sisters and all being the children
of Adam, ‘there could be no affront to the human dignity of
any single person without there being an affront to the dignity
of all—including the dignity of the perpetrator of the indignity’.4
In making this observation, Weeramantry elaborates that
man, being God’s prize creation on whom ‘He had showered His
choicest blessings, could not be subject to a violation of that
dignity by man’.°
It is a basic right of all human being to live a life of dignity, com-
plemented by peace and comfort and the freedom to pursue what
brings them happiness and perfection through all lawful means.® A
Muslim only worships God as his sole Creator and Sovereign and
humbles himself to no one else. The creation and enjoyment of
beauty, good health and a clean environment are seen as comple-
mentary to the dignified lifestyle of Islam. The Prophet thus said in
a hadith: ‘God is beautiful and loves beauty’, just as we read in anoth-
er hadith that ‘cleanliness is a part of faith’.
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Fraternity of Man 9
NOTES
1. From the Sermon on the occasion of Farewell Pilgrimage (Hajjat

al-Wida’). See Ahmad Ibn ‘Abd Rabbih, al-‘Igd al-Farid li’l-Malik al-Sa‘id, 3rd
edn, 15 vols., Cairo, Matba‘at Lajnat al-Ta’lif, 1384/1965; II, 35; Subhi
Mahmassani, Arkan Hugqiiq al-Insan fi’l-Islam, Beirut, Dar al-‘Ilm l’l-Malayin,
19793.pii266.
2. Muhammad Abi Zahrah, al-Mujtama‘ al-Insanifi Zill al-Islam, 2nd edn,
Jeddah, Dar al-Su‘tidiyyah, 1401/1981, p. 48.
32. Ibid.,.pp. 50-4;
4. Weeramantry, Islamic Jurisprudence, p. 64.
5. Ibid.
6. Cf. Wahbah al-Zuhayli, Haqq al-Hurriyyah fi’l--Alam, Beirut, Dar al-Fikr
al-Mu‘Aasir, 1417/1997, pp. 93-4.
CHAPTER Line
Man’s Physical and Spiritual Pre-eminence
With regard to the creation and physical image of man, the Qur’an
refers in the first place to God’s omnipotence and unqualified power
of choice in creating man in any image that pleases Him: ‘In what-
ever form He wills, He puts you together’ (al-Infitar, 82:8).
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It is then declared: ‘Indeed, We created man in the best of forms’
(al-Tin, 95:4)
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and then again: ‘He fashioned you in the best of images’ (al-Mu’min,
40:64; al-Taghabun, 64:3).
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The physical attributes of beauty and elegance in the creation of man

are then matched by a spiritual endowment of the highest order,
whereby God Most High declares that ‘I breathed into him [Adam]
of My spirit’ (Sad, 38:72).
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Man’s Physical and Spiritual Pre-eminence 11
There is also evidence in the Qur’an of direct divine involvement,

or a level of intimacy, so to speak, in man’s creation, which is indica-
tive of God’s love for human beings. This can be seen in a context,
as quoted below, that is initially expressive of God’s displeasure with
Satan for his refusal to prostrate to Adam, as he was asked to do, and
then refers to the manner in which God created man:
[God] said: O Iblis, what prevents thee from prostrating thyself to one
whom I have created with My hands? (Sad, 38:75)
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This divine involvement in man’s creation was what Satan had
ignored in his initial response that “you created him [Adam] from
clay and created me from fire’ (Sad, 38:76).
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But in saying this, Satan ignored the fact that Adam was God’s prize
creation and partook of the spirit of God. Then God asked the angels
to prostrate before Adam, which they duly did, and this established
the spiritual superiority of Adam over the angels. The text thus
declares:
We created you and moulded you in shape. Then We told the angels to
prostrate to Adam, and they prostrated; not so Iblis. He refused to be of
those who prostrate. (al-A‘raf, 7:11)
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Another related aspect of the dignified image of man in the eyes of
his Creator is his appointment as God’s vicegerent (khalifah) on the
earth and the bearer of His trust. Man’s mission as khalifah on the
earth is to build the earth, and to establish a just order therein in
accordance with God’s will and His Shari‘ah. God thus revealed His
purpose to the angels, saying that ‘I am appointing a vicegerent
(khalifah) on the earth’. The angels demurred with awe but protest-
ed that they should have been entrusted with this honour: ‘We praise
and glorify thee’, whereas man is prone to corruption and violence.
Then the angels were told: ‘I know what you know not.’ The text
continues to declare that ‘God taught Adam the names of things’ and
thus confirms his superior capacity for knowledge and reason than
that of the angels’. The angels then acceded to Adam’s suitability for
the assignment of khilafah and said, ‘Praise be to Thee; we do not
know except for what You taught us. You are the All-knowing,
All-wise.’ (al-Bagarah, 2:30-32)
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God’s decision to make mankind the repository of prophethood and
the principal audience and recipient of His final message, that is, the
Qur'an, further testifies to the trust with which God has honoured
mankind.
CHAPTER FOUR
God’s Love for Humanity
The Qur’an confirms that man’s creation was a unique act of cre-
ation. It was distinguished from God’s creation of the rest of the
heavens and the earth in that these were created by God’s will and
command, whereas man’s creation was an expression of divine love.
This is manifested, as the Qur’an confirms, in God’s direct involve-
ment in the creation of man. Man is depicted as God’s handiwork,
whom He designed in the best image and form, and then breathed
into him of His own spirit. God’s love for mankind is also manifest-
ed in His command to the angels, and Satan, to prostrate themselves
before Adam. Prostration is a supreme act of humility and devotion,
something that God would normally reserve for Himself. God’s
direct involvement also signifies the intimacy and closeness of the
God-man relationship, which did not cease with the first act of cre-
ation but continues to.be expressed and unfolded as a reality through
the religious experiences of the believers.
Since religion is the matrix of the God-man relationship, it is
founded, in the case of Islam, on divine love, mercy and grace. The
rituals of the faith, the prayer and supplication, when engaged in
with sincerity, are expressive of man’s devotion to and love for God,
which is, as God taught His beloved servants to feel, without inter-
mediaries. This is witnessed by the fact that Islam does not have a
church or a clergy that mediates between God and man, and no one
exercises spiritual mediation of any kind in Islam. A Muslim relates
directly to his Creator, at any time and in any place. God made His
unceasing interest in and involvement with man’s affairs known
when He declared in the Qur’an: ‘Wherever you turn, there is the
Face of God’ (al-Baqarah, 2:115).
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Elsewhere it is stated in an address to the Prophet &: ‘When My ser-

vants ask you concerning Me, I am indeed close to them. I listen to the
prayer of every supplicant when he calls on Me’ (al-Bagarah, 2:186).
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Since man is created in God’s image, he is endowed with the
appropriate faculties to perfect himself and fulfil his enormous poten-
tial. This is noted in what the Qur’an singles out as one of the most
distinctive of God’s favours on mankind. The Qur’anic sira al-
Rahman (the Compassionate) thus begins with these words:
God the Most Compassionate! It is He who taught the Qur’in; He who

created man and taught him speech. (al-Rahman, 55:1-4)
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It was, in other words, a manifestation of God’s love and grace that
He revealed the Qur’an and endowed man with the capacity for
speech. God Most High communicated with man through the
Qur’an, and then enabled man, by His grace, to communicate
through language. The Qur’an thus designates itself the carrier of
God’s message of love and beneficence, which is manifested in the
endowment of man with the faculty of speech.
This feature of the Qur’in, that is, the manifestation of God’s love
for humanity, has found more explicit expression in Sufi thought and
understanding of Islam than it has in juristic expositions. Be that as it
may, there is direct evidence in the Qur’an of the love of God (hubb
Allah) for those who believe in Him and do not associate any other
with his divinity. God has demanded sincere devotion from man,
which is expressed by worshipping Him. Man has consequently been
exhorted thus:
So remember Me and I will remember you. Be grateful to me and reject

Me not. O you who believe, seek My help with patience and with
prayer. (al-Bagarah, 2:152-153)
God’s Love for Humanity 15
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The dyat preceding this one in the same siira also speak of worship
and devotion to God, and then of God’s reassurance to man:
So that I may complete My favours on you and you may be guided.

(al-Baqarah, 2:150)
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The Qur’an also contains direct references to the believers’ love for
God in contradistinction with those who associate others with His
divinity. Note the following passage for example:
And your Lord is one; there is no God but He, Most Compassionate,
Most Merciful [...] Yet there are men who take [for worship] others
besides God as equals with Him. They love them as they should love
God. But those who have faith are overflowing in their love for God.
(al-Baqarah, 2:163-165)
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God’s me is enhanced for those who adhere to His message, His

Messenger£ and His guidance. The Prophet& thus declares to his
followers: ‘If you do love God, follow me, God will love you and
forgive your failings’ (Al ‘Imran, 3:31).
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Forgiveness emanates from love and God promises that He

fom all sins except association of other [deities] with Him’
(al-Nisa’, 4:48).
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This is the breaking point at which a man’s love for God no longer
exists, that is, when he considers other deities worthy of worship.
Sincerity 1n giving charity for the love of God above and beyond
conformity to rituals is emphasised in the Qur’an where it states: ‘It
is not a virtue to turn your faces [in prayer] to the East and the West,
but virtue is to have faith [...] and spend of your wealth out of love
for Him’ (al-Bagarah, 2:177).
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The Qur’an has in many places spelt out the ways and means by
which man can earn God’s love. These are all meant to serve as incen-
tives to virtuous conduct. God’s love is undoubtedly earned through
virtuous conduct. But sincerity and devotion enhance the value of
that conduct. Love and devotion are the building blocks of the
God-man relationship. Faith is not a formality nor conformity to rit-
uals by any means, notwithstanding the persuasive language of the
jurists which has almost managed to constrict the emotional appeal of
the Qur’an by means of a plethora of legal rules. To argue that love
and devotion are not a matter of conformity to rules is evident in the
emouonally-anchored language of the Qur’anic address. A perusal of
the Qur’an thus leaves little doubt that Islam is faith and devotion in
the first place, and legal rules and rituals second. Also, God’s love is
tied up with the love of His beloved servants. Note for example: “God
truly loves those who are conscious of Him’ (al-Tawbah, 9:4 and 937)
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and ‘God loves those who are good to others’ (al-Bagarah, 2:195)
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and “God loves those who place their trust in Him’ (Al ‘Imran, 3:159)
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The Qur’an continuously lists God’s promises of love for those who
love other human beings, who remain patient in the face of adversi-
ty (al-sabirin), those who are fair to others (al-mugqsitin), those who
repent and ask for forgiveness (al-tawwabin), those who are pure and
observant of cleanliness (al-mutatahhirin), (Al ‘Imran, 3:146; al-
Ma’idah, 5:42; al-Bagarah, 2:222) and so on. Patience in the face of
adversity could be for various motives but the most meritorious are
‘those who patiently persevere while seeking the countenance of
their Lord’ (al-Ra‘d, 13:22). The expression wajh Allah (lit. the face
of God), which signifies intimacy and love, occurs in many places in
the Qur’an, especially in reference to those who give generously to
the poor ‘seeking the countenance of God’ (cf. Al-Riim, 30:38 and
39) and ‘have nothing in their minds [...] but only the desire to seek
for the countenance of their Lord Most High’ (al-Layl, 92:19-20).
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In an unusually candid style, God has elsewhere addressed His
beloved prophet Moses in these terms: “And I cast My love over you
in order that you may be reared under My eye’ (Ta Ha, 20:39).
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Notwithstanding the demands that are attached to earning God’s
love, His unbounded mercy and love extend even to those who fall
into error and sin, as the Qur’4n confirms:
O my servants who have transgressed against their souls! Do not despair

of the mercy of God. For God forgives all sins. He is most forgiving,
most merciful. (al-Zumar, 39:53)
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Despair and disappointment are the opposite of love, as one who
despairs is convinced of the absence of love. This is what the Qur'an

conveys even more emphatically when it declares: ‘And who else but
the misguided would despair of the mercy of his Lord?’ (al-Hyjr, 15:56)
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The following statement is also nothing less than an open declaration
of God’s love: ‘My mercy engulfs everything and extends beyond
everything’ (al-A‘raf, 7:156).
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The focus is nevertheless on human beings. Thus it is declared in

a hadith that, ‘One who does not show compassion to the people,
God will not be compassionate toward him.”!
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It is also interesting to note that of the ninety-nine Most Beautiful

Names of God (al-asma’ al-husna), the two most favoured by God
Himself are ‘al-Rahmin’ and ‘al-Rahim’—the Beneficent, the
Merciful. For only these are chosen to appear at the beginning of
every chapter of the Qur’an. Ibn ‘Abidin has interestingly observed
that while al-Rahim is meant for the believers, al-Rahman extends
to everyone, believers and non-believers alike.2 God’s Most
Beautiful Names also include ‘al-Habib’ (the Loving), ‘al-Latif
(Most Gracious) and ‘al-Wadid’ (Most Affectionate).
God’s love of man, His mercy and compassion are meant for
mankind as a whole without any qualification, and encompasses peo-
ple of all faiths, and those who may not even subscribe to any reli-
gion. For God’s love, like all His other attributes, is absolute. If God’s
love was the cause of man’s creation, then, like His bestowal of the
attribute of dignity upon man, His love too is unqualified and
all-encompassing.’ So is God’s mercy, which is boundless and does
not just extend to individuals and groups of individuals, but to the
whole of mankind and even more. It is neither conditional nor antic-
ipatory of gratitude and recognition. For God Most High praises, as
noted above, those who show generosity to the poor for the sake of
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God alone, without expecting reciprocity or gratitude.4 If God

admires unconditional giving in His servants, would He Himself
choose to act in any other way? This point is expressive of an aspect
of God’s own attribute, which amounts to perfection in every
respect. When love is made conditional, it surely loses its purity and
perfection. “God’s love is proven [and meant to be] for all people
regardless of religion. For love is the cause of man’s creation, which
is why no one can be excluded. The same is true of God’s confer-
ment of dignity on the progeny of Adam.”
What is said here, however, is not to deny the greater reward that
individuals may expect for meritorious conduct. When it is stated, in
so many places in the Qur’an, that God loves those who are assidu-
Ous in pursuit of good work, perseverant, pure and the like, these are
indicative of grades of distinction and reward. Similarly, the univer-
sal Qur’anic declaration on the dignity of man is not compromised
by its other declaration that ‘the most noble among you before God
is the one who excels in God-consciousness’ (al-Hujurat, 49:13).
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The vivid affirmation of God’s love and compassion for man in
the Qur’an sets the basic framework for relationships among human
beings themselves. God’s love of man must surely be emulated by
men in regard to each other. One commentator has put this more
forcefully in saying that, “since God Most High has taken it upon
Himself to respect the dignity of mankind, the latter is surely under
a duty to observe the same among its members, to preserve its own
integrity and avoid its violation’.© The Qur’anic declaration that
‘verily the believers are brethren’ (al-Hujurat, 49:10)
shied weypury balye

is endorsed in an almost identical declaration by the Prophet &%, who
said: ‘The believer is the brother of the believer.’” In yet another
hadith the Prophet & declared, ‘None of you is a [true] believer
unless he loves for his brother what he loves for himself.”
Love, dignity and compassion thus constitute the basic ingredients of

the relationship that the believers must nurture among themselves.
I conclude this discussion with a Qur’anic adyah which declares in
totally emphatic and unqualified terms that ‘God is truly compas-
sionate and merciful to mankind’ (al-Hay, 22:65).
ry 5) pL aU o|
NOTES
1. Al-Tabrizi, Mishkat, vol. Ill, hadith no. 4678.

2. Muhammad Amin ibn ‘Abidin, Hashiyah Radd al-Mukhtar ‘ala Durr al-
Mukhtar, 2nd edn, Cairo, Mustafa al-Babi al-Halabi, 1386/1966, I, 6; Yusri,
Hugi al-Insan, p. 35.
3. Yusri, Hugi al-Insan, p. 33.
4. Those who give to others and say, “We feed you for God’s pleasure
only; we desire from you neither reward nor gratitude’ (al-Insan, 76:9). See also
al-Layl, 92:20 to similar effect.
5. Yusri, Hugig al-Insan, p. 33.
6. Ibid., pp. 31-32.
7.Al-Tabrizi, Mishkat, vol. Ill, hadith no. 4958.
8.Muhyi al-Din al-Nawawi, Riydd al-Sdlihin, ed. Muhammad Nasir al-
Din al-Albani, 2nd edn, Beirut, Dar al-Maktab al-Islami, 1404/1984, p. 113,
hadith no. 118.
CHAGLER Five.
Right to Personal Safety
It is a manifestation of the dignity of man that Islam has placed an

infinite value on human life. This is expressed in the Qur’an in the
following terms:
We ordained for the children of Israel that if anyone slew a person, unless
it was for murder or for spreading mischief in the land, it would be as if
he slew the whole of mankind. And if anyone saved a life, it would be as
if he saved the whole of mankind. (al-Ma’idah, 5:32)
pdt Le FL LT oy ee Goll fs Ll as
”
The reference to the children of Israel, that is, the Jews, represents
the continuity of the basic values that are common to all revealed
religions. Both Judaism and Islam are committed to the protection of
human life. It makes no difference whether the victim is a Jew, a
Muslim or anyone else. The value that is advocated is holistic and
indivisible in that aggression against one is tantamount to aggression
against all. Life is not only of infinite value, it is also sacred: “Nor take
life, which God has made sacred, except for a just cause’ (al-Isra’,
7:33);
uM Ue call null eary,

Al-Ghazali has quoted these dyat and draws the conclusion that ‘in
respect of the sanctity of life and the prohibition of aggression against
it, Muslims and non-Muslims are equal. An attack on the personal
safety of non-Muslims invokes the same punishment in this world
and the Hereafter’.!
In times of military engagement, combatants have a personal
responsibility not to destroy civilian life. It is consequently unlawful
to attack women and children, the elderly and the insane, the ill and
the invalids (and this include the blind, the lame, the crippled and the
unconscious). The exempted categories also include the priest and
the monk and those engaged in worship, as well as farmers who
occupy themselves with their works in the field provided that they
are not involved in the conflict. The hadith contains detailed instruc-
tions on all of these and the Prophet & has generally advised military
commanders and soldiers on the battlefield to be fair, avoid excessive
violence and to be incline towards peace.”
It is a collective duty (fard kifa’i) of the community to ensure the
safety of an abandoned infant (al-lagit) found on the street, and this
responsibility becomes the personal duty (fard ‘ayn) of the person
who may alone be in a position to save the infant’s life. Those who
are, in fact, able to save the lagit but fail to do so, incur a sin and are
accountable for this. It is then the duty of the government to take
care of the infant, its upbringing and education. The state’s respon-
sibility for the welfare of unclaimed infants is even more emphatic
than that for children who live with their parents, simply because the
head of state becomes the guardian (wali) of children who have no
father or guardian. The second caliph, ‘Umar ibn al-Khattab used to
allocate a monthly sum of one hundred dirhams and food supple-
ments for the laqit, which was reviewed annually and increased in
accordance with age. He paid this out of the funds of the public
treasury and used to remind the people to be good and generous to
such children.*
Since saving the abandoned infant (iltigat) is a Shari‘ah obligation,
it is a violation of that duty for anyone to discard a baby, initially or
at any stage, before or after it is picked up and found. The life of that
infant is absolutely sacrosanct and no excuse can justify its exposure
to destruction and danger.+ The jurists have also held that exposing
an infant to danger is forbidden even if it is done with the approval
and agreement of the parents. Parental agreement in this case is of no
value and will carry no credibility at all.5 Priority is also given, in
judicial decisions concerning children, to the best interest of the chil-
Right to Personal Safety 23
dren, the realisation of their material and moral needs, and the pro-
tection of their basic human dignity. According to the rules of figh,
when a divorced woman with a child remarries, the right of custody
(hadanah) transfers to the father, but the judge may give it back to the
mother, or any other relative who is deemed best suited to look after
the welfare of the child.®
Since life is a God-given gift and only God creates it, no one has
the authority to destroy it without just cause. This also applies to
homicide, which is an offence under the Shari‘ah for which the per-
petrator is accountable to God and liable to a deterrent sanctioned by
the court in the event of an unsuccessful attempt. If the attempt suc-
ceeds, the person is still liable to expiation (kaffarah), which may be
taken from his property, according to the Shiafi‘is and some Hanbalis,
whereas the Imams Malik and Abii Hanifah do not make kaffarah a
requirement.’
The Qur’anic authority on the prohibition of suicide is found in
its unequivocal directive ‘kill not yourselves, for God is merciful to
you’ (al-Nisa’, 4:29). God Most High also gives cause for hope to
those of His Servants who might have been overwhelmed by despair
and might have considered suicide as a way out of their predicament:
O my servants who have indulged into excess concerning themselves!

Despair not of the mercy of God. For God forgives all sins. (al-Zumar,
39:53)
oye|he pgendil dle Mg pel opi Coleb

Bh call) day
leper pil pr al}
The substance of these declarations is confirmed in another Qur’anic

text where not only suicide but also virtually any attempt, whether
direct or indirect, to endanger life has been proscribed:
And throw not yourselves into [the mouth of] perdition by your own
hands. (al-Baqarah, 2:195)
Ig SI pSLk ab Vy
The directive here includes all life-threatening situations that can be
avoided through caution: taking up dangerous assignments, consum-
ing dangerous drugs and courting lethal and insidious diseases such as
AIDS. Furthermore, on the subject of suicide, it is provided in a
hadith that:
One who throws himself off a mountain cliff and kills himself as a result
will be doing the same permanently to himself in Hell. And one who
takes poison and kills himself as a result shall be holding the same poison
in his hand taking it permanently in Hell.®
Life, in the terminology of Shariah, is a trust (amanah) on the shoul-

ders of its bearer, and carries with it a responsibility for its protection
against danger and abuse. Life is also seen as a testing ground for
everyone, especially those who undergo hardship and pain, and for
them, as indeed for all mortals, the advice is to seek God’s help by
turning to Him in supplication and hope while remaining patient
and perseverant in the face of adversity.
A person’s agreement with or permission to another to kill or
destroy him is of no value in the Shariah, and if this carried out, the
perpetrator is liable to retaliation and punishment. This is because the
bearer of life is not his own originator and therefore has no author-
ity to validate its destruction.’
The Shari‘ah also grants many concessions to individuals to enable
them to protect themselves against threats to security or health. With
regard to religious duties, such as the daily prayers and the ritual
ablutions that precede it, a man who may be unable, due to danger,
injury or disease, to use water for ablution, may instead perform a dry
ablution with clean sand (tayammum) for prayer. Tayammum is also
valid for an individual who may be anxious to save drinking water
that may be in short supply, not only for himself but also to quench
the thirst of a thirsty animal. For reasons of safety, it is also permissi-
ble to face a different direction than that of the giblah and perform
prayer, if one has to. The ritual prayer that involves bodily move-
ment may also be shortened or performed in a different and easier
posture that may avoid moving a painful organ. This is in compli-
ance with the general Shari‘ah rule on the avoidance of hardship. A
sick and elderly person and a pregnant woman are likewise not
required to fast during the fasting month of Ramadan. It is also per-
muissible for a person to disrupt his prayer and avert danger from an
oncoming animal or object and then return to complete the rest of
his prayer from where he left it. The intervening activity neither dis-
rupts nor vitiates the salah. Similarly, it is obligatory on the individ-
ee
ual, man or woman, who hears the cries of a drowning person, or

one who faces imminent death, to disrupt his prayer and rush to help
him if he or she can. To alert a blind man or child to the danger of
falling into a pit is not only permissible during prayer but is a require-
ment under the Shari‘ah, which means that prayer must be disrupted
in order to avert danger to a human being.
In the event where performing the normal hajj ceremonies prove
hazardous to heath due, for example, to exposure to the sun, or if
wearing the seamless white garment of ihraém needs to be avoided,
the necessary adjustment may be made by following correct medical
advice, even if this means changing parts of the ritual performances
of the hajj.
In the event where eating unlawful substances, such as pork, car-
casses and alcohol, which are normally forbidden, would mean facing
death by starvation or thirst, the Shari‘ah allows them to be consumed
on grounds of necessity (dariirah). Drinking alcohol is forbidden, but
if a person chokes while eating and no liquid other than wine is avail-
able, he may consume it to the extent necessary to avert danger.
Marriage is a firm covenant and a life-long union in Islam, and
divorce is, according to a renowned hadith, ‘the worst of all permis-
sible things in the sight of God’. Yet if one spouse is afflicted with an
illness that makes life difficult for the other, the Shari‘ah allows the
latter to seek judicial annulment of the marriage. The Prophet &&
also advised that a pregnant woman should not suckle a baby, as it is
likely that breast-feeding at that time weakens the suckling child and
also affects the healthy growth of the foetus. The pregnant woman is
further advised not to exert herself in hard work, during the
advanced stages of pregnancy, on a temporary basis at least.
Pregnancy is strongly discouraged, on the other hand, in the event
where an illness of one or both the parents is likely to affect the nor-
mal growth of the offspring.
Mutilation of human body parts is normally forbidden, but is per-
mitted on medical grounds if it will save life. Similarly, the law for-
bids taking another person’s property without his consent, but per-
mits a starving person to rob another of his excess food or water if
this will save his life, in the event where the owner refuses to give
them freely. Muslims are also required to respect the Qur’an and also
books and papers which carry God’s illustrious name, but if it proves
necessary to step on these and place them under one’s feet in order
to obtain water or food at a height that cannot be otherwise reached,
all of these are permissible if they will save life.
The Prophet & frequently gave advice to fight illness and disease
through recourse to medical treatment and refused to succumb to
fatalism. According to the Prophet’s instruction, if one hears of the
outbreak of contageous disease in a district or region, one should not
go there, but if one is already in that place, one should not travel or
take the disease to other places. The Prophet & has also said in
another hadith that a Muslim who is healthy and strong is a better
Muslim than one who is afflicted, slovenly and weak.'°
Furthermore, the Shariah forbids abortion after the inception of
the life of the foetus. Abortion after the inception of life (i.e. nafkh
al-riih) is held to be haram and equivalent to a crime committed on a
living person. The law makes the aggressor liable to the payment of
blood money (diyyah) if the foetus emerges alive and then dies, and
of a ghurrah (that is half of a full diyyah), if the foetus emerges dead.
Diyyah and ghurrah under these circumstances are payable to the
mother.!!
Abortion prior to the inception of life in the womb has provoked
different responses from the ‘ulama’. The Shafids have allowed it
during the first forty days of pregnancy provided that the spouses are
in agreement on the issue and it is not harmful to the mother.
Abortion is forbidden after forty days, which is believed to be the
starting point of life. Abortion is only permitted at this stage if it will
help save the life of the mother.
In the event of the death of a pregnant woman, the law permits
incision and cutting open her womb in order to save a child that is
known to be still alive.
Breast-feeding is a right of the child over the mother who is capa-
ble and fit, and the mother must give her own child priority over
others whom she may be breast-feeding for reasons of earning
money or the like.
With regard to the basic interests of children, the Prophet & has
singled out education saying that ‘a father gives his son nothing bet-
ter than a good education’.!* In another hadith, the Prophet && said
that, ‘He who is not kind to [our] children is not one of us.’!4
Ute
om 2Y oele Gn)
In yet another hadith, the Prophet & spoke of the merit gained by
the care and protection of orphans and said: ‘I and the person who
looks after an orphan and provides for him will be in Paradise like
this’, putting his index and middle fingers together.!4
gow shy Ala drrmol SI y Ke ded Sbedt IS y UI

The Qur’an is emphatic in its demand for the fair treatment of
orphans. This is, in fact, one of its recurrent themes, referred to in
numerous places. In one of these passages the Qur’an warns that
‘those who wrongfully devour the property of orphans truly swallow
fire into their bellies’ (al-Nisa’, 4:10).
otis od OTE Lai] LS ale Syl OglL cpl a

Ab
This verse made some people, who were taking care of orphans,
anxious about the consequences of some unintentional miscalcula-
tion or incidental mishandling on their part, and asked the Prophet
& about this. Thus another Qur’anic dyah reads:
They ask you about the orphans. Say: to set right their affairs should be
the purpose, but if you mix their property with yours [or become part-
ners with them], they are your brethren. And God knows the one who
makes mischief from the one who means well’ (al-Baqarah, 2:220).
pases Oly wt pal Cel B lel ge Hig,

«ered os dental glesallly SI pls
Elsewhere the Qur’an addresses the Prophet & in these words:
‘Treat not the orphan with harshness.’ (al-Duha, 93:9)
eG pd! LB
In another place the Qur’an makes the treatment of orphans a test-

ing ground for the veracity of a believer's faith: ‘Do you see who it
is who denies the religion? It is he who repulses the orphan.’
(al-Ma‘an, 107:1-2)
el ia oJ) GUsa cpl he sl oli

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A MATTER OF INNOCENCE.
MELODY GARDEN. (R)
MRS. LOWELL THOMAS--FUR FARMER. (R)
MOON OVER LAS VEGAS. (R)
MOONLIGHT IN VERMONT. (R)
MOUSE IN THE HOUSE.
THE MUMMY'S GHOST. (R)
THE NAUTICAL NUT.
NIAGARA FRONTIER.
THE NIGHT OF THE FOLLOWING DAY.
NOTHING LIKE A DANE.
OCTOBERFEST.
OKLAHOMA RAIDERS. (R)
ONE HORSE TOWN.
ONE MORE TRAIN TO ROB.
P.J.
PASTE MAKES WASTE.
A PECK OF TROUBLE.
PHANTOM LADY. (R)
PHONEY PONY.
PREHISTORIC SUPER SALESMAN.
PROFILE OF A RACE DRIVER.
PROJECT REJECT.
PUFNSTUF.
RAID ON ROMMEL.
RED SKY AT MORNING.
SECRET AGENT WOODY WOODPECKER.
THE SECRET WAR OF HARRY FRIGG.
SERGEANT RYKER.
THE SHAKIEST GUN IN THE WEST.
SHIP A'HOY WOODY.
SING A JINGLE. (R)
SKULLDUGGERY.
SLEEPY TIME BEAR.
SLIGHTLY TERRIFIC. (R)
SORRY SIGNORINA.
STARS AND VIOLINS. (R)
STORY OF A WOMAN.
SWEDE 'N LOVELY.
SWEET CHARITY.
SWEET SWING. (R)
SWINGTIME JOHNNY. (R)
TELL THEM WILLIE BOY IS HERE.
THEY MIGHT BE GIANTS.
TOPAZ.
TUMBLE WEED GREED.
TURKEY AU GO-GO.
THE TWO FACES OF KENYA.
TWO MULES FOR SISTER SARA.
UNDER SEA DOGS.
UNIVERSAL NEWSREEL. (R)
WEEK-END PASS. (R)
WEIRD WOMAN. (R)
WHAT'S SO BAD ABOUT FEELING GOOD?
WHEN THE LEAVES FALL.
WINDOW ON THE EAST.
WINGS IN RECORD TIME. (R)
WONDERFUL WHIRLYBIRDS.
WOODY THE FREELOADER.
WOODY'S KNIGHT MARE.
WORLD'S YOUNGEST AVIATOR. (R)
Universal Pictures Co.
TAMMY AND THE MILLIONAIRE.
WARKILL.
Universal Pictures Co., Inc.
ALI BABA AND THE FORTY THIEVES. (R)
AMAZING METROPOLIS. (R)
ANIMAL TRICKS. (R)
THE BARBER OF SEVILLE. (R)
THE BAREFOOT JUDGE. (R)
CALLING DR. DEATH. (R)
CHIP OFF THE OLD BLOCK. (R)
COBRA WOMAN. (R)
EAGLE VERSUS DRAGON. (R)
FANNIE HURST AND HER PETS. (R)
FELLOW ON A FURLOUGH. (R)
FOLLOW THE BOYS. (R)
THE GREATEST MAN IN SIAM. (R)
HAT CHECK HONEY. (R)
HAVE GUN, CAN'T TRAVEL.
HER PRIMITIVE MAN. (R)
HI GOOD-LOOKIN'. (R)
THE IMPOSTOR. (R)
ISLAND HOPPIN'.
LADIES COURAGEOUS. (R)
MAGAZINE MODEL. (R)
MELODY GARDEN. (R)
MRS. LOWELL THOMAS--FUR FARMER. (R)
MOON OVER LAS VEGAS. (R)
MOONLIGHT IN VERMONT. (R)
THE MUMMY'S GHOST. (R)
OKLAHOMA RAIDERS. (R)
OPERATION SHANGHAI.
PHANTOM LADY. (R)
SING A JINGLE. (R)
SKI FOR TWO.
SLIGHTLY TERRIFIC. (R)
STARS AND VIOLINS. (R)
SWEET SWING. (R)
SWINGTIME JOHNNY. (R)
UNIVERSAL NEWSREEL. (R)
WEEK-END PASS. (R)
WEIRD WOMAN. (R)
WINDOW PAINS.
WINGS IN RECORD TIME. (R)
WORLD'S YOUNGEST AVIATOR. (R)
Universal Pictures, Ltd.
ANNE OF THE THOUSAND DAYS.
CAN HEIRONYMUS MERKIN EVER FORGET MERCY HUMPPE AND
FIND TRUE HAPPINESS.
ISADORA.
JOURNEY TO THE FAR SIDE OF THE SUN.
A MATTER OF INNOCENCE.
THREE INTO TWO WON'T GO.
Universal Productions France.
BETTER A WIDOW.
Universal-Public Arts Productions.
THE LAWYERS.
Universal Television.
THE SURVIVORS.
University Films.
MACMILLAN ENGLISH FILMSTRIPS.
University of California at Los Angeles. Dept. of Chemistry.
NUCLEAR MAGNETIC RESONANCE.
University of California. Regents.
Upjohn Co.
GRAVLEE JET WASHER FOR ENDOMETRIAL ANALYSIS.
MEDICAL POTENTIAL OF LASERS.
Urban Media Materials, Inc.
DO YOU KNOW.
A MUSEUM IS A PLACE TO LEARN.
PROBLEMS OF OUR CITIES.
PUERTO RICO AND THE PUERTO RICANS.
Urban Task Force, United States Catholic Conference, Inc.
SEE United States Catholic Conference, Inc. Urban Task Force.
Urbex Affiliates, Inc.
AGENDA FOR THE 70S.
Uris, Leon.
TOPAZ.
V
Valoria Films.
DOMICILE CONJUGAL.
Veriation Films, Inc.
DARKNESS, DARKNESS.
Villines, Gaylynn.
YOU CAN'T ALWAYS GET WHAT YOU WANT.
Virgo International Pictures, Inc.
WHAT'S THE MATTER WITH HELEN?
Vision Associates.
EVERYONE LOVES A BRIDE.
IT'S BABY TIME.
Visual Aids Studio.
A GALLERY OF WATERCOLORS.
MAKE-UP.
WATERCOLOR.
WATERCOLOR: HANDLING THE MEDIUM.
WATERCOLOR: MATERIALS.
Visual Education Centre.
AFRICA: LIVING IN TWO WORLDS.
BOY OF BOTSWANA.
CITY BOY OF THE IVORY COAST.
TWO BOYS OF ETHIOPIA.
Visual Science Productions.
INTRODUCTION TO BIOLOGICAL CONCEPTS.
Visual Sciences.
CHORDATA.
Vitaphone Corp.
THE ARISTO CAT. (R)
GREETINGS BAIT. (R)
HISS AND MAKE UP. (R)
JACK WABBIT & BEANSTALK. (R)
LITTLE RED RIDING RABBIT. (R)
MEATLESS FLYDAY. (R)
SUPER RABBIT. (R)
TIN PAN ALLEY CATS. (R)
TOM TURK & DAFFY. (R)
TORTOISE WINS BY A HARE. (R)
THE UNBEARABLE BEAR. (R)
WHAT'S COOKIN' DOC? (R)
Volkswagen of America. Porsche Audi.
1970 PORSCHE DOES IT.
Von Fallersleben, August Heinrich Hoffmann. SEE Fallersleben,
August Heinrich Hoffmann von.
Von Meek, Barbara.
THE MUSIC LOVERS.
W
Wah Chang.
SEE Chang, Wah.
Wallop, Douglass.
THE GOOD LIFE.
Wally, George B.
WALLY: HIS WORK AND HIS LOVES.
Ward, Fred
MEXICO: 12,000 YEARS OF HISTORY.
Ward (Fred) Productions, Inc.
MEXICO: 12,000 YEARS OF HISTORY.
LA RAZA: THE STORY OF MEXICAN-AMERICANS.
Ward (Jay) Productions, Inc.
THE GENERAL.
Warhol (Andy) Films, Inc.
LONESOME COWBOYS.
Warner Bros. Pictures, Inc.
ACTION IN THE NORTH ATLANTIC. (R)
AIR FORCE. (R)
THE ALL AMERICAN BANDS. (R)
ARMY SHOW. (R)
BACKGROUND TO DANGER. (R)
BEHIND THE BIG TOP. (R)
CHAMPIONS TRAINING CHAMPIONS. (R)
CHILDHOOD DAYS. (R)
CONSTANT NYMPH. (R)
DESERT SONG. (R)
DESTINATION TOKYO. (R)
DUDE RANCH BUCKAROOS. (R)
EDGE OF DARKNESS. (R)
FIND THE BLACKMAILER. (R)
FREDDIE FISHER AND HIS BAND. (R)
GREY WHITE AND BLUE. (R)
GUN TO GUN. (R)
HAPPY TIMES & JOLLY MOMENTS. (R)
THE HARD WAY. (R)
HIT PARADE OF THE GAY NINETIES. (R)
HUNTING THE DEVIL CAT. (R)
INTO THE CLOUDS. (R)
KING OF THE ARCHERS. (R)
LITTLE ISLES OF FREEDOM. (R)
THE MAN KILLERS. (R)
MISSION TO MOSCOW. (R)
MOUNTAIN FIGHTERS. (R)
MURDER ON THE WATERFRONT. (R)
THE MYSTERIOUS DOCTOR. (R)
A NATION DANCES. (R)
NORTHERN PURSUIT. (R)
OKLAHOMA OUTLAWS. (R)
OLD ACQUAINTANCE. (R)
OUR AFRICAN FRONTIER. (R)
OUR ALASKAN FRONTIER. (R)
OZZIE NELSON AND HIS ORCHESTRA. (R)
PRINCESS O'ROURKE. (R)
REAR GUNNER. (R)
ROD AND REEL ON ANTICOSTI ISLAND. (R)
ROVERS RANGERS, (R)
A SHIP IS BORN. (R)
SNOW SPORTS. (R)
STARS ON HORSEBACK. (R)
SWEENEY STEPS OUT. (R)
SWEETHEART SERENADE. (R)
THANK YOUR LUCKY STARS. (R)
THIS IS YOUR ENEMY. (R)
THREE CHEERS FOR THE GIRLS. (R)
TROPICAL SPORTLAND. (R)
TRUCK BUSTERS. (R)
UNITED STATES ARMY BAND. (R)
VAUDEVILLE DAYS. (R)
VOICE THAT THRILLED THE WORLD. (R)
WAGON WHEELS WEST. (R)
WATCH ON THE RHINE. (R)
WOMEN IN SPORTS. (R)
Waterbury Films, Ltd.
SCROOGE.
Wathen-Dunn, Peter.
SCAG.
Weitman (Robert M.) Productions.
THE ANDERSON TAPES.
Welcome Wagon International.
EVERYONE LOVES A BRIDE.
IT'S BABY TIME.
Werrenrath, Reinald, Jr.
NATURE IN THE CITY.
REFLECTIONS IN A POND.
VOWELS AND THEIR SOUNDS.
Westerman, R. C.
ROD RUDSTROM'S VARIATIONS ON THE WESTERMAN
TECHNIQUE.
Western Minerals, Inc.
GRAND CANYON, A SIMULATED FIELD TRIP.
Westinghouse Electric Corp.
ANOTHER CLEAN STORY.
THE EASY EIGHT WAY TO INCREASE DRYER SALES.
A NEW TWIST.
THE STORY BEHIND THE FEATURES.
Weston, John.
HAIL, HERO.
Weston Woods Studios, Inc.
THE COW WHO FELL IN THE CANAL.
NORMAN THE DOORMAN.
ROSIE'S WALK.
THE SELFISH GIANT.
Westward Productions.
HOUSE OF CARDS.
Westward Productions, Inc.
STORY OF A WOMAN.
Wexler Film Productions, Inc.
MODERN OBSTETRICS: POSTPARTUM HEMORRHAGE.
Where's Poppa Co.
WHERE'S POPPA?
White, Lionel.
Wild Dog Films.
BOTSWANA, WHERE A RIVER DIES.
Wilde, Oscar.
THE SELFISH GIANT.
Wiley (John) & Sons, Inc.
THE ACCOUNTING MACHINE.
ARTERIAL BLOOD PRESSURE REGULATION.
THE CARD PUNCH.
DNA: BLUEPRINT OF LIFE.
FOURIER SERIES.
GROUND WATER: THE HIDDEN RESERVOIR.
INTRODUCTION TO BIOLOGICAL CONCEPTS.
LEGS: A SYSTEM OF INDIVIDUALIZED INSTRUCTION FOR
NURSING EDUCATION.
MASS SPECTROMETRY.
MICROELECTRODES IN MUSCLE.
MUSCLE SPINDLE.
POSITION FROM VELOCITY.
REVOLUTION.
VELOCITY FROM POSITION.
Willard Pictures, Inc.
BOATING U.S.A.
Williams, Charles.
DON'T JUST STAND THERE.
Wine Institute.
SCIENCE AND ART OF WINE MAKING.
THE WINE IN YOUR LIFE.
WINE IS FUN.
WINE LAND OF AMERICA.
Winkast Film Productions, Ltd.
A SEVERED HEAD.
Winters, Shirley Jean.
YOU CAN COMPOSE A DANCE.
Wise Owl Club of the National Society for the Prevention of
Blindness.
SEE National Society for the Prevention of Blindness. Wise Owl
Club.
Wolfe, Dan E.
SEE De Wolfe Photography.
Wombat Productions, Inc.
I THINK.
Wonderful Films.
I AM ALSO A YOU.
Woodfall Films, Ltd.
KES.
Woodward, Charles.
THE BOYS IN THE BAND.
Woroner Films, Inc.
THE DISTURBANCE CALL: GENERAL.
SHOOT--DON'T SHOOT.
Wrather Corp.
LASSIE.
Wyeth, Andrew N.
THE STORY OF CAESAR RODNEY.
X
Xanadu Productions.
THE NATIONAL FLOWER OF BROOKLYN.
Y
You Discover, Inc.
YOU DISCOVER SAUDI ARABIA.
Young Horizons, Inc.
ZOO WORLD OF ART.
Young, Jeffrey.
THE STRONGER.
Z
Zouary, Maurice H.
THE REBEL PRIEST.
Zwart, Gerrit C.
CHORDATA.
Zwart, Helen Smith.
CHORDATA.
U.S. GOVERNMENT PRINTING OFFICE: 1972 O - 450-642
Catalog of Copyright Entries: Third Series
Volume 25, Parts 12–13, Number 2

Motion Pictures and Filmstrips
July-December
1971
COPYRIGHT OFFICE · THE LIBRARY OF CONGRESS
WASHINGTON: 1972
L.C. card 6—35347
This number identifies the Library of Congress

printed card for the complete series of the
Catalog of Copyright Entries.
For sale by the Superintendent of Documents,
U.S. Government Printing Office, Washington,
D.C. 20402. Price of this part is given on page vi.
Preface
The CATALOG OF COPYRIGHT ENTRIES is published by authority

of sections 210 and 211 of Title 17 of the United States Code.
Section 210 provides in part: “The current catalog of copyright
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The Catalog is subdivided into parts corresponding to the classes
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Current Registrations 87
Renewal Registrations 147
Name Index 157

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A Textbook of Hadith Studies Authenticity Compilation

Dignity of Difference 2nd Edition Jonathan Sacks

Epigraphy and Islamic Culture Inscriptions of the Early

Hashim Hashim John Reynard Nigel Cowan 3rd Edition The

An International Bill of the Rights of Man Hersch

Confessions of an Advertising Man David Ogilvy

Islamic Political Radicalism A European Perspective 1st

Toward Our Reformation From Legalism to Value Oriented

. Mohammad Hashim Kamali

~ cant Paae we ads Molen

Mohammad Hashim Kamali

THE DIGNITY. QdidMcAdn

ISLAMIC GEX.ES SOCLE LY:

This edition published 2002 by The Islamic Texts Society

ISBN 1 903682 00 2 paper

British Library Cataloguing in Publication Data

Dr. Mohammad Hashim Kamali is Professor of Law at the

CHAPTER ONE The Qur’anic View of Human Dignity

CHAPTER THREE Man’s Physical and Spiritual Pre-eminence 10

CHAPTER SEVENTEEN Dignity and the Issue of Basic

Human rights are a manifestation of human dignity. Constitutional

The bewildering devastation of World War II had prompted con-

objected to Article (18) of the Declaration which guaranteed free-

powerful agents of international systems, whether dominant govern-

task of interpreting and applying these rights in local contexts. The

on earth, that is, the khildfah. It is by virtue of this derived, or dele-

materialised and which present a fresh challenge for future reform of

appointment as God’s vicegerent on earth, the subjugation of the

1. Quoted in a feature article in The Star, ‘Weighing Our Rights and

The Qur’anic View of Human Dignity

The Qur’anic vision of human dignity is manifested in various ways

We have bestowed dignity on the progeny of Adam [...] and conferred

The text here is self-evident and comprehensive in its recognition of

being as of the moment of birth’.? Sayyid Qutb has similarly stated

And honour belongs to God, to His Messenger and the believers.

scat fallgl pedy djl all,

Lad ger shall Si gin calli She UWI

oa elas all Ls oy jell de oe) Ody Noreen sil,

These clear affirmations of the dignity of man are in turn endorsed

1. Mahmid al-Alisi, Rah al-Ma‘anift Tafsir al-Qur’an al-“Azim, Beirut,

al-Ili, al-Hurriyyat al--Ammah, Cairo, Dar al-Fikr, 1403/1983, p. 361.

The Qur’anic vision of mankind is basically that of a single, unified

pS SS oe pithy Sale oll SG, Lyre! UE Laill

Line | i SI Ng SG ot Oley oF ole 45 WI LHL

This is an explanation for mankind, guidance and good advice to the

cpio) dee p09 stay pli OL, Ie

Yet another Qur’anic address provides:

O mankind! There has come to you an exhortation from your Lord, a

pgdaadl gbLes lad 5 SG) opsAbe ge Sele 43 LI LIL

The typical Qur’anic address ‘O people’ (ya ayyuha al-nas) is ‘for

S238 SI je Sy pKape dl a abi 5

chy ged fS Gb ad LS) Gb ad [SSI Gb aa

1. From the Sermon on the occasion of Farewell Pilgrimage (Hajjat

Man’s Physical and Spiritual Pre-eminence

ot er) 3 OLY) Lidl a

Spe Coad ruses

The physical attributes of beauty and elegance in the creation of man