Q.
Acts, Rights, and Obligations in Islamic Fiqh
Islamic Fiqh encompasses a comprehensive framework of acts, rights, and
obligations that guide the religious and ethical conduct of Muslims,
emphasizing the importance of fulfilling religious duties, respecting rights,
and fulfilling obligations within the Islamic legal and moral framework.
The development of the society is credited to the constant evolution of
law. Law consists of rules and regulations to regulate the human conduct
and administration of justice. This administration of justice and regulation
of human conduct is performed by conferring rights and imposing duties
on individuals. Further, when there is violation of rights and breach of
duties, the law steps into action and provides the remedy.
A right and duty are the pillars of law and hence consequently
protected by law. Both these concepts are intertwined.
Acts
In Islamic Fiqh, acts refer to the actions and rituals that Muslims are
required to perform as part of their religious duties. These acts include the
Five Pillars of Islam, such as Shahada (declaration of faith), Salat (prayer),
Zakat (almsgiving), Sawm (fasting during Ramadan), and Hajj (pilgrimage
to Mecca). Additionally, acts also encompass other religious duties, such
as performing voluntary prayers (Sunnah prayers), reciting the Quran,
giving to charity, and maintaining good conduct.
Rights
Rights in Islamic Fiqh pertain to the entitlements and privileges that
individuals possess within the framework of Islamic law. These rights are
categorized into two main types: the rights of Allah (Huquq Allah) and the
rights of people (Huquq al-Ibad). The rights of Allah include the obligation
to worship Him alone, while the rights of people encompass various
aspects such as the right to life, property, dignity, justice, and fair
treatment. Upholding these rights is essential for maintaining justice and
harmony within the Islamic society.
Obligations
Obligations, also known as duties or responsibilities, are fundamental in
Islamic Fiqh. These obligations are derived from the Quran, Sunnah
(teachings and practices of Prophet Muhammad), Ijma (consensus of
scholars), and Qiyas (analogical reasoning). The primary obligations
include performing the five daily prayers, paying Zakat, fasting during
Ramadan, and adhering to the moral and ethical principles outlined in
Islamic teachings. Additionally, individuals have obligations towards their
families, communities, and society at large, including providing for their
families, upholding justice, and promoting social welfare.
Classification of Acts
Natural Acts
I. Physical Acts:
Perceptible to other persons, including his utterance, e.g.:
i. Acts of utterance (Qaul):Spoken words, including gestures,
expressions, writing, etc.
ii. Acts of conduct: Motions of body or limb, omission of obligation (tark),
e.g., default in fulfilling contract, etc.
Physical Acts, according to another classification, are:
i. Voluntary Acts (tasarrufaat): Willful acts.
ii. Involuntary Acts:Not willful
II. Mental Acts
Acts of mind are believing, acknowledging, intending and wishing. Acts of
mind are different from juristic or natural acts. Example Suppose a man
acknowledges in his mind a multiplicity of gods instead of one God, the
magistrate is powerless to deal with the matter and the offender can only
be held responsible by God himself. On the other hand if he express such
thing in words law would treat him as non-Muslim.
System of Rights and Obligations
Two kinds of rights:
-Right of Allah,
-Right of individual.
Rights of individuals collectively, rights of state.
Distinction between right of Allah and right of state is of crucial significance
for understanding nature of Islamic law, e.g., acts related to ta'zir fall within
right of state, distinct from right of Allah. Acts pertaining to right of Allah
involve duties owed to Allah alone, while right of state relates to obligations
created by state.
Obligation:
Primary Rules (hukm takllfi: Defining Laws) create obligations
(impose duties).
Secondary Rules (hukm wadi’: Declaratory Laws)
determine relationship between causes and consequential obligations, acts
and their conditions and exemptions, and how laws are made, validated
and implemented.
Obligations may arise:
i. by implication of law
(a) towards God
(b) towards community or state,
(c) towards individuals,
ii. by utterance, e.g., admission, confession,
iii. by conduct.
.iv. Acts: Mahkum fih Mahkum fih is the act to which the hukm is related as
taklif (obligation).
Natural Acts (Hissee: of senses) include: Physical Acts (af-aalul jawaarih):
perceptible to other persons, including his utterance, e.g.:
Acts of utterance (Qaul): spoken words, including gestures, expressions,
writing, etc.
Acts of conduct (Amal or Fa-il): motions of body or limb, omission of
obligation (tark), e.g., default in fulfilling contract, etc. Physical Acts,
according to another classification, are:
Voluntary Acts (tasarrufaat): willful acts. Involuntary Acts are not willful.
In juristic terms, physical acts are: -
acts for which there is pronouncement of law, and are also cause of
another command of law,
-acts for which there is pronouncement of law, but these are not causes of
other commands of law.
Juristic acts are also distinguished as:
Originating Acts (Insha’at): create legal effect:
Revocable Acts: legal effect can be undone,
Irrevocable: legal effect cannot be undone,
Human Rights:
-Rights of God (Huqooq-Allah):
Individual and Public Rights for greater good
-Rights of human beings (Huqooqal-ibaad)
Human rights emerge from the maqasid al-Shartah (purposes of Shariah).
Human rights are guaranteed as Rights of Allah:
(a) State owes these rights to Allah,
(b) These rights cannot be constrained as rights of state,
(c) These rights are outside ambit of state law; no law can be made that
modifies these rights. (d) Human rights guaranteed in Islam, cannot be
suspended whatever the state emergency. Rights of God (Huqooq-Allah)
correspond to individual and public rights for greater good. Rights of human
beings (Huqooqul-ibaad) correspond to rights of individuals and people. In
case of infringement of private right, it is for the victim, not the state, to
pardon or pursue for compensation or punishment. It is the duty of the state
structures to ensure justice (adl). 5. Broader Principles of Human Rights
and Fundamental Rights: Right to Justice See 5:8, 3:195 42 Equality of
Human Beings See 4:1, 49:13. The Prophet said: "No Arab has any
superiority over a non-Arab, nor does a non-Arab have any superiority over
an Arab. Nor does a white man have any superiority over a black man, or
the black man any superiority over the white man. You are all the children
of Adam, and Adam was created from clay." (al-Bayhaqi and al-Bazzaz).
Ruler Not Above Law A woman of a noble family, arrested in a theft case,
was recommended to be spared the punishment. The Prophet replied: "The
nations that lived before you were destroyed by God because they
punished the common men for their offences and let their dignitaries go
unpunished for their crimes; I swear by Him (God) who holds my life in His
hand that even if Fatimah, the daughter of Muhammad, has committed this
crime then I would have amputated her hand." The Right to Life See 5:32,
6:151. The Prophet declared: "The greatest sins are to associate
something with God and to kill human beings." Acknowledged Right for the
Needy and the Destitute See 51:19. Economic Distributive Justice The
Prophet said: "It (wealth) will be taken from their rich and given to those in
the community in need" (al-Bukhari and Muslim). Social security "The Head
of state is the guardian of him, who has nobody to support him" (Abu
Dawud, al-Tirmidhi). Right to Work and wages See 4:32, 3:195. Security of
Life and Property See 2:188. The Prophet said: "Your lives and properties
are forbidden to one another till you meet your Lord on the Day of
Resurrection." Individual's Right to Freedom The Prophet said: 43 "There
are three categories of people against whom I shall myself be a plaintiff on
the Day of Judgment. Of these three, one is he who enslaves a free man,
then sells him and eats this money." (Bukhari and Ibn Majjah). Freedom of
Religion See 6:108, 2: 256. The Right to Participate in Affairs of State See
42:38 Human Dignity See 17:70. Right to Defense of Religious
Communities: See 22:40. Right to Economic Relief ...and give up all
outstanding gains from usury...for if you do not, then know that you are at
war with God and the Conveyer of His Message. But if you repent, you
shall be entitled to your principals. You will do no wrong and neither will you
be wronged. Slaves March to Freedom: Free slaves as atonement for
breaking oath: 5:89 Free slaves as atonement for Zihar oath: 58:3, 9:60
Liberating slaves, the most beloved charitable act of worship: 90:11-13
Allow deed of manumission: 24:33 If a person committed a sin that
necessitated emancipating a slave as expiation, and he did not have a
slave, but he had the means, he was to buy a slave and grant him freedom.
If anyone beat his slave, he must liberate him as expiation for his sin.
Funds from Alms and Treasury were also allocated help slaves pay for their
liberty: 9:60 Slavery sources were banned: Creditors enslaving indebted
paupers, Parents selling their children, Personal decline of freedom. a
person selling oneself to meet his need, Acts of piracy, kidnapping and
abducting for slavery, Sentence of punishment as slave, Reproduction
of slaves even if the father was a freeman. Right to Acquire Knowledge The
Prophet said: "Seek knowledge even though it be in China." Right to
Privacy See 49:12, 24:27. 44 The Security of Personal Freedom Umar
said: "In Islam no one can be imprisoned except in pursuance of justice."
Right to Protection against Defamation: See 49: 11-12, 24: 16-19, 4:148-
149. Right to Aesthetics and Enjoyment See 7:32. The Right to Protest
Against Tyranny See 4:148. Right of Immigration and Asylem The Prophet
emigrated to Medina. Also see 4:97-100. Purpose of Governance See
22:41. Freedom of Conscience and Conviction See 2:256. Political
Freedom Abu Bakr after he got vote of allegiance, said : "O people I have
been summoned to rule you and I am no better than you. If you see me
acting justly, aid and assist me, and if you see me doing wrong, rectify me
and guide me to do what is right. Obey me provided I obey God's
commands in ruling you, but if I disobey the commands of God, I will not be
entitled to your obedience". He also said: "If I am in the right, follow me, but
if I swerve from righteousness rectify me".
Rights of Religious Minorities 6.iv. Rights of non-Muslims Principles
Regulating Relations Between Muslims and Non-Muslims Non-Muslims
The Prophet said: "Leave alone the non-Muslims and whatever they
believe in" About Magians, the Prophet said: "Establish with them the
practice adopted for the People of the Book." Belief, faith and personal law
of non-Muslims is not to be interfered with. State has to recognize such
laws and customs of non-Muslims as have found general acceptance, and
not opinions of isolated individuals. 46 The phrase "Let there be no
compulsion in religion: ..." (2:256) has always been interpreted in Islamic
legal and theological traditions that followers of other religions should not
be forced to Islam. The phrase "Unto you your religion, and unto me my
religion.",(109:6) is presented as "proof-text for pluralism and coexistence".
2: 62 demanded toleration for Christianity, Judaism, and Sabianism under
Muslim
