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Islam and Natural Law PDF

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Nature, natural laws, universal order and human natural rights are all in keeping with man’s spiritual, ethical and religious needs and order. Islam and Natural Law presents Islam as the religion of inclusive monotheism. In five comprehensive sections, the book covers the many aspects of natural law and human rights in the West, in Islam and throughout history. Ezzati takes a holistic approach to the creation of man and the world and explores the nature of humanity, man’s physical, rational, emotional and spiritual needs. A. Ezzati was born in Iran in 1932. He studied at the universities of London and Tehran, where he later became professor of Islamic studies. He has also held teaching positions at several centres of Islamic studies in the UK and the USA. His writings have been translated into Arabic, Turkish, Hausa, Spanish and Persian. The Spread of Islam is also published by ICAS Press. ISBN 1-904063-05-5 ISBN i 904063 05 5 Islamic College for Advanced Studies Press 133 High Road, Willcsdcn London NW10 2SW 9 781904ll063056l > The Department of Research and Publications at the Islamic College for Advanced Studies (ICAS) is an academic and cultural centre, concerned with general issues of Islamic thought. The idea of an Islamic institution of higher learning grounded on Islamic normative values and historical heritage, yet fully capable of responding to, and guiding Muslims in meeting the demands of modern Western epistemological, cultural, socio-political and economic ideas, are based on years of experience and contemplation, all of which now form conceptual history of ICAS. The Department provides a meeting point for the Western and Islamic worlds of learning. At ICAS it contributes to the multi-disciplinary and cross-disciplinary study of the contemporary world. Beyond ICAS, its role is strengthened by developing international academic contacts. It is an intellectual forum working from an Islamic perspective to promote and support research projects, organise intellectual and cultural seminars and publish scholarly works. It tries to establish a distinct intellectual trend in Islamic thought which relates to the vivid legacy of the Muslim nation and its continuous efforts for intellectual and methodological reform. This involves a large number of researchers and scholars from various parts of the world. ICAS’ publications fall into the following categories: Theology, Philosophy, Mysticism, Islamic Legal Theory and Islamic Law, hermeneutics and Quranic studies, Hadith methodology, Social Sciences, and Languages. Since ICAS is an academic college promoting intellectual debate, and scholarship, the views expressed in the books published will always reflect independent views and diverse approaches to the problems being dealt with. ICAS Press A. Ezzati Islam and Natural Law ICAS Press < I i British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN 1 904063 05 5 (pb) © A. Ezzati, 2002 This edition first published 2002 The right ofE. E^ati to be identified as the author of this work, has been asserted by him in accordance with the Copyright, Designs and Patents Act of 1988 Published by Islamic College for Advanced Studies Press (ICAS) 133 High Road, Willesden, London NW10 2SW i J Contents Preface 7 1. Natural Law and Human Rights in the West 11 2. The Position of Natural Law in Islam 60 3. Fitrah, Human Primordial Nature 93 4. The Major Principles of Islamic Rationality 110 5. Islamic Rationality 134 Appendix: The Concept of Human Rights: a Comparative Analysis 189 of the Universal Declaration of Human Rights and the Constitution of the Islamic Republic of Iran Notes 211 Glossary 222 Bibliography 224 Index 227 ■ Preface Islam introduces itself as the religion of inclusive and absolute monotheism mainly, though not inclusively, on the basis of human primordial nature and reason. It naturally, thus, suggests that the doctrine of inclusive monotheism establishes inclusive unity, balance and harmony in the entire creation, universe, nature, humanity and the different dimensions of life of individuals and the human community. The obvious consequence of this doctrine is that Islam supports a holistic approach towards the entire creation including man, taking into consideration directly and indirectly all his physical, rational, emotional, spiritual, natural, ethical and other needs. In Islam the rational and emotional/spiritual needs of man do not have to be considered at the expense of the other needs. Nature, natural laws, universal order and human natural rights do not contradict man’s spiritual, ethical and religious needs and order. Heart does not contradict mind, faith is not in opposition to logical and rational beliefs and there is no conflict between man and nature, body, soul and spirit, faith and the needs of man. Man is a major part of the entire creation, a harmonious unit, and should be in harmony with the order of nature and the entire universe. Mankind being what it is, a complex mixture of rational-emotional, physical-spiritual, individual-social and other dimensions and needs, must be taken into consideration as a whole and in harmony with the universe by any religion and system of belief that claims universality. A faith and a religion cannot afford to be only emotional or only rational and cannot put man against nature/universe and put man’s heart against his reason or vice versa. Religions are supposed to establish harmony and provide man with peace of mind and a peaceful life and not tension and conflict. The peace and harmony within man cannot be established without establishing harmony between man and the universe. This inclusive harmony cannot be achieved without a sound spiritual and ethical basis. In the West and Western-oriented world this may be achieved through natural law and natural law ethics and in the Muslim world through Islam, which sanctions and supports the concept of natural law and human 7 Preface rights. It is with this perspective that nature, its order and the entire creation and universe and man, human nature along with his multi-dimensional needs, is taken into consideration in Islam as a universal religion. This is possible only if the entire creation is taken into consideration in the light of its own unity and the unity of its Creator and if only God, and not man, science, society, nature or a multiplicity of them, is the Creator. This is possible only if these beliefs, concepts and doctrine are founded on a solid basis with absolute characteristics and properties. Islam approaches this issue by suggesting that the standard of man’s behaviour towards God, himself, his fellow human beings, his fellow creatures, nature, the orders and laws of nature and the entire creation and universe is directly and indirectly defined by Allah (swt) and the moral/ethical code of his behaviour is set by Allah (swt) either directly or otherwise, in accordance and in harmony with nature and human primordial nature. Man’s responsibility for fulfilling divine duties is based on man’s divine potential and properties to appreciate this responsibility. It is in this light that man’s rational, physical, emotional, and spiritual potential and his primordial nature are regarded as divine gifts and thus human reason is regarded as the divine agent working to lead man to his inclusive perfection and wholesome salvation, happiness and felicity. This enables his feelings and emotions, heart and faith to be in full harmony with his mind and reason and leads man to feel that he is in harmony with nature and the entire creation, thus realizing the harmony of religious commands and the moral/ethical principles, on one side, and the harmony of man, and man’s primordial nature, and nature, laws of nature, the entire creation, on the other. Accordingly, man’s rights and responsibilities should be based on his inclusive, harmonious and comprehensive world view and be in harmony with the rights of the entire creation, his primordial nature, and his inclusive needs and potentials. To explain these points and other related issues, this book has been prepared. The first chapter of the book deals with the question of natural law and human rights in the West. The second chapter deals with the position of natural law and human rights in Islam in general. The third chapter deals with human jitrah or human primordial nature as one of the foundations and sources of natural law, human rights and absolute ethical principles. The fourth chapter deals with the major features and principles of Islamic rationality and introduces Islamic rationality as the major source and philosophy of natural law and human rights in general and in Islam in particular. The fifth chapter sheds some light on Islamic rationality as the source of the Islamic concept of natural law and human rights in Islam, in some detail. And finally the question of human rights is dealt with in the light of the United Nations Universal Declaration of Human Rights (UDHR), Islamic concept of human rights and 8 1 Preface the Constitution of the Islamic Republic of Iran (IRI). To be fair to readers, we must point out that there are different approaches to understanding Islam and that the approach adopted in this book should not be regarded as the only approach and exclusive of the others. We regard this work as a humble contribution to the study of certain aspects of Islam. During the last two centuries, an Islamic movement has taken shape with the intention of modernizing Islam and the Muslim community. This may be viewed as a reaction to the traditional approach to Islam. But it could also be a movement with the sincere intention of facing the challenges of modern life and answering its new problems and questions. Recently a counter-movement against the modernist movement has taken place too. There are thus conflicting approaches to Islam due to many factors. In this work we have tried our best, as far as possible, to avoid conflict and tension. But the question of human rights, in its contemporary form, is a question of the modern era. However, just because it is a new question it does not mean that there are no traditional and religious answers and explanations for it. As there is some overlapping of various aspects of certain issues dealt with here, repetition could not be avoided. I hope that the readers will forgive the repetition for it has served a purpose. We admit that one of the major problems we have encountered has been that of Islamic terminology. The field of Islamic terminology in English is full of difficulties. To avoid these difficulties we have almost always included the actual Arabic Islamic terms in the text. 9

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