Islamic legal system Article review Freedom and justice in islam

Name: Muhammad Aiman bin Abdullah Matric no: 0927989 Lecturer: Mdm Husna Fauzi Different facets(aspects) of freedom in Islam

Summary of the article In its English usage freedom is distinguished from independence. Freedom in English refers to the position of the individual within a group; independence is used in reference to the group itself. Freedom thus means the immunity of the individual from arbitrary and illegal action by the government, and his right to participate in the formation and conduct of government. In Islam freedom or al-huriyya means (according to more simplified definition) that the individual is free to act in whatever way he wishes provided that others are not harmed by his action. The concept of freedom in Islam, according to Abdul Aziz Said implies a conscious rejection of a purely liberal and individualistic philosophy of doing ones own thing as the meaning of life, or as the goal of society. Freedom in Islam also finds its meaning in belonging to the community and participating with the people. A western commentator, Montgomery-Watt has made the somewhat drastic observation that Freedom has never had any place in Islamic thought. Although there is a word for freedom, namely huriyya, but this refer to the condition of the freeman as contrasted with the slave. Another western commentator, Louis Gardet, highlighted the metaphysical context of freedom in Islam. He came to the conclusion that freedom in the ideal Muslim state was, perhaps, not the freedom for which one dies and gives life. Its true meaning for Islam had to be found in the relationship of man to the divine. However, Montgomery-Watt and Gardet have touched only one of the many features of Islams conception of freedom. Besides that, a muslim scholar, Mutahhari drew a distinction between social freedom and spiritual freedom but explained that they are interdependent so much so that the one could not be realized without the other. Social freedom means having freedom in connection with other individuals in society so that others do not hinder ones growth nor do they exploit nor enslave one. Social freedom may in turn be of several types. For example, in the Quran, one of the explicit purposes of the Prophets has been to offer mankind social liberty and deliver them from their mutual enslavement. As mention in the surah Al-Imran verse 64: We worship none but God and we associate no partner with Him, and none of us must be slaves or masters of one another other than God

This means the abolition of the order of servitude, the system of exploitation of the exploiter and exploited, getting rid of inequality and enslavement. On the other hand, spiritual freedom is freedom from ones self as opposed to social freedom, which is freedom from the bonds of others. On the other hand, freedom of academic discourse too had its limitation for the Muslim theologian and mujtahid, who was not altogether at liberty to resort to independent reasoning, or ijtihad, in the face of a clear text. Outside the scope of decisive injunctions, the mujtahid was free to resort to ijtihad and was encouraged to do so at the expense even of taking some risk as to veracity of his conclusions. This is the clear message of a hadith in which Prophet Muhamad promised that mujtahid will get reward for his sincerity and effort even if he might have actually fallen into error when he makes the conclusions. This means, Islam guaranteed the freedom of opinion. In addition, one of the Islamic scholars, Mutazila took the view that man is free and responsible for his own conduct, that man is the creator of his own acts, and free therefore to change the evil into good and vice versa in his personality and conduct. Mutazila maintained that this is a necessary conclusion of Gods attribute of absolute justice. God is just absolutely and this is the basic premise and guarantee of human freedom. If God Most High were to create the acts and conduct of His servant, and then hold him accountable for it, this would be contrary to justice. What does the writer set out to do? Thus, based on what have been discussed above, the writer tried to convey about the significance of the concept of freedom in Islam. Freedom is a natural right, endowed in everyone as of the moment of birth. It is inherent and incessant and no man has the authority to take what God has granted as a natural right. The concept of freedom in Islam, according to Abdul Aziz Said implies a conscious rejection of a purely liberal and individualistic philosophy of doing ones own thing as the meaning of life, or as the goal of society. Freedom in Islam also finds its meaning in belonging to the community and participating with the people. The writer also emphasize on the concept of freedom in Islam as he repeatedly saying that Islam guaranteed human freedom. For example, Islam encouraged freedom of opinion, as we can see that Islam encouraged a mujtahid to make Ijtihad.

Besides that, the writer also tried to differentiate the view of the western scholar and Muslim scholar about freedom in Islam. As mention above, one of the Western scholar mention that freedom has never had any place in Islamic thought. He said that because he has touched on only one of the many features of Islams conception of freedom. There are other features of Islams conception of freedom such as economic, social and political dimension of freedom. Political freedom in Islam is a means of leading mankind to justice, goodness and peace. It guarantees and protects the political rights of all. Besides that, Islamic scholar had interpreted the freedom in Islam in different way. For example, Mutahhari drew a distinction between social freedom and spiritual freedom but explained that social freedom and spiritual freedom are interdependent so much so that the one could not be realized without the other. This means, Islamic scholar did not touch on one of the features of Islams conception of freedom only. Thats why the view of western scholar and Islamic scholar about the conception of freedom in Islam is different. Most of the western scholar only touches on one of the features of Islams conception of freedom while Islamic scholar touches on many features of Islams conception of freedom such as economic, social and political dimension of freedom. This article is also intended to show that Islam recognizes complete freedom of religion and belief for every human being, and that, consistently with this principle, it does not prescribe any punishment whatsoever for a person who leaves the religion of Islam to adopt some other faith. For example, the holy Quran altogether excludes compulsion from the sphere of religion. It lays down in the clearest words: there is no compulsion in religion 2: 256 What is the central theme of the article? The central theme of this article is Islam is a religion that protects and guaranteed human freedom. For example, Islam give Man freedom to act on his own and Men is free and responsible for his own conduct, that man is the creator of his own acts, and free therefore to change the evil into good and vice versa in his personality and conduct. God is just absolutely and this is the basic premise and guarantee of human freedom. What are the writers main conclusion? The writer conclude that the international community is under obligation to assist all those who struggle for their freedom as it is a Quranic

obligation of the Muslim to do so, as a part generally of promoting a good cause. This is based on the Quranic ayah: Those who, if we establish them in the land, will keep up prayer and charity, enjoin food and forbid evil (AlHajj, 22:41). Besides that, the writer also mention that, as a muslim, we should not violated the liberty of others as the Shariah forbids violation of the liberty of others. If there be an instance of aggression, the oppressed party is entitled to defend and regain its freedom through all possible means, as the Quran directs: There is no blame on those who seek help after having become victims of injustice(al-Shura 42:41).

What are your views regarding the approach the writer has taken in discussing the topic As a conclusion, freedom in Islam is the freedom to choose. We are not bound by a certain conduct in fact we are free to follow our decisions as long as they do not go against the way of Islam. For example, the individual has a right to choose the religion that he or she is convinced is true without being compelled by anyone. Compulsion negates free will, so a person who is compelled is not truly convinced. For this reason, Islam forbids a person to force someone to follow them because it will cause injustice. Besides that freedom of opinion is also protected by Islam. Islam permits the individual to look into the Creation of things and observe all the phenomena that it may contain. It encourages the individual to experiment, employ reason, and utilize the world around him for the benefit of humanity. For example, mujtahid are encouraged to make Ijtihad.

Distributive justice in islam Summary of the article

Justice is a collective obligation of the entire community which must be maintained at all times and never abandoned, although in practice it may only be discharged by those who are best qualified to do so. Besides that, justice itself is the supreme objective of Islam and the quest for it is not limited to a particular methodology or framework. Any approach that leads to justice and designed for the purpose of attaining a just distribution of wealth is therefore deemed to be acceptable. Islams approach to distributive justice is entrenched in human fraternity and cooperation, principles which find explicit affirmation in Quran. The Quran is affirmative on the fraternity of mankind, their unity of origin, and equality in the eyes of Creator. This is based on surah An-Nisa 4:1; O mankind! Keep your duty to your Lord who created you from a single soul and created its mate of the same (kind) and created from these many men and women. And keep your duty to God, by Whom you demand your rights from one another, and (observe) the ties of kindship. The Quran thus highlights the bond of unity among fellow human beings in the expression (ties of kinship), a specific term that is usually employed in the Quran in the context of inheritance and blood relations

within the family. The ayah thus began with identifying the entire human race as of the same ancestry and then advised them all to be mindful of their ties of kinship with one another. The Quran also enjoins the believers to cooperate in good work and righteousness and cooperate not in hostility and sin. Cooperation in good work underscores the moral substance of fraternity. Other than that, the Shariah also uphold justice. For example, we can see that the Shariah seeks to realize equitable distribution of wealth through its social support system which can be seen in four areas of cooperation as follows: 1. Takaful within family such as inheritance and bequest 2. Al-takaful within the community through the distribution mainly of revenues from zakah 3. Cooperation among smaller groups and associations such as neighbours and local residents
4. Voluntarily charities and atonements including charitable endowments.

What does the writer set out to do? Thus, based on what have been discussed above, the writer try to convey that Islam is a religion that always upholds justice towards the people. For example, some historical evidence shows that Islam is a religion that always emphasize on justice. For example, on a historical note, Caliph Umar Al-Khattab assigned welfare allowance to those in need, both Muslim and non-Muslims. It is also reported that on one occasion he exempted an orderly Jew, whom he met in the market place, from the payment of poll-tax and gave an allowance for him from the bayt al-mal. He told the keeper of bayt al-mal that it was unfair that we ate from the fruit of his youth and let him down in his old age. In addition, Quran and Sunnah also emphasize on cooperation among neighbours, on voluntary charity, hospitality for travelers, and charitable endowments which the jurist have elaborated, and they all have a common objective of helping the poor, and facilitating equitable distribution so that wealth does not circulate only among the rich. This shows that Quran and Sunnah emphasize on justice.

Other than that, the Shariah also uphold justice. For example, we can see that the Shariah seeks to realize equitable distribution of wealth through its social support system which can be seen in four areas of cooperation as follows: 1. Takaful within family such as inheritance and bequest 2. Al-takaful within the community through the distribution mainly of revenues from zakah 3. Cooperation among smaller groups and associations such as neighbours and local residents 4. Voluntarily charities and atonements including charitable endowments.

What is the central theme of the article? This article concerned with the distributive justice in Islam. Justice is the basis of all human relations and a foundation of Islamic rule. One of the things that reforms worldly affairs is the principle of distributive justice. It facilitates amicable relations between people, engenders obedience to the Divine Law, and brings about the prosperity of countries. It is the basis of a thriving economy, strong families, and stable government.

What are the writers main conclusion? As a conclusion, the writer mention that we must take a stand of justice as we are ordered in the Quran, Be you upright supporters of justice [4: 135]. The writer also mentions that, justice itself is the supreme objective of Islam and the quest for it is not limited to a particular

methodology or framework. Any approach that leads to justice and designed for the purpose of attaining a just distribution of wealth is therefore deemed to be acceptable.

What are your views regarding the approach the writer has taken in discussing the topic Thus, as a conclusion, I think the writer tried to convey that Islam is a religion that upholds justice and justice is the supreme objective in Islam. I think, justice is close to equality in the sense that it creates a state of equilibrium in the distribution of rights and duties, but they are not identical. Besides that, based on the article, I can conclude that justice is an obligation of Islam and injustice is forbidden. For example, The Quran also refers to contexts of justice in the requirement of just treatment of orphans. God says:

And approach not the property of the orphan except in the fairest way, until he [or she] attains the age of full strength, and give measurement and weight with justice (Quran 6:152)
Other than that, references to justice also occur in the context to polygamy. The Quran demands equitable treatment of all wives. The verse of polygamy begins by reference to orphaned girls who may be exposed to depravation and injustice. When they reach marriageable age, they should be married off, even if it be into a polygamous relationship, especially when there is inequality in the number of men and women, as was the case after the Battle of Uhud when this verse was revealed. But, as the Quran states:

If you fear that you cannot be just, then marry only one (Quran 4:3
That means, the Quran also uphold justice in the case of polygamy. This ayah mention that a person should not married more than one if he cannot be just towards his wives. In addition, justice is so important in Islam. That is because, in order to ensure peace and harmony, we have to uphold justice. Injustice will destroy harmony and peace. Thats why Islam emphasizes on the principle of justice. Thus, as a conclusion In Islam, the concept of justice is more comprehensive, vital, and sacred than in any other system of life. Justice is linked with human freedom and choice. Therefore, belief in the principle of justice means belief in the

principle of human freedom, human responsibility and human creativity.