Judge Chris Weeramantry's
Analysis Of The Merits Of Islam, Relative To The Environment And The
Human Future ~Analysed!
Insight By Sunil Kumara
For LankaWeb
10th July 2007
One of the most respected members of the Sri Lankan Judiciary ~ Judge
Chris Weeramantry in one of his recent submissions to the media suggests
that Islamic teaching has an enormous fund of concepts, principles
and rules of conduct offering guidance to all of humanity on the conservation
of the environment and the long-term protection of the human future
but then! so do the other major world religions and philosophies albeit
very significantly it is Islam which has been fundamentally misinterpreted
by some of its radical followers and is causing great devastations
around the world in the name of Islam and Allah for all the wrong
reasons rather than sheer religious fervour and hardly supplementing
the shortcomings of the planet!!
In this respect with a bit of tongue in cheek thrown in also, one would
tend to think, some aspects of Islam are fundamentally flawed by virtue
of its Fundamentalistic followers when one looks around the world today
and sums up what has been perpetrated on humanity in the name of this
great religion by the marauding terrorists of Fundamentalist Islam as
one would tend to reluctantly call it, as the ring of truth to it cannot
be camouflaged by fancy terms merely to appease the good followers of
Islam non aligned with Islamic terrorists! There are in the world today
various factions of dangerous terrorists linked to Islam and a sad fact
of life as well as a bitter pill to swallow for anyone preaching the
merits of Islam! To add insult to injury there are the copycat terror
factions who tend to be greatly inspired by the viles of Islamic Terrorism
It has to be recognized that no preachings on the merits of what the
Holy Quran says objectively have been effective enough to quell world
terrorism most unfortunately and it is suggested to Judge Weeramantry
with all due respect to perhaps rewrite this theme entailing how best
in his opinion Islam can eliminate the scourge of global terrorism effective
enough to halt the advancing horrors of Fundamentalist Islam which is
a glorified form of religious fanaticism fomented by some of the worst
hatreds man can project against his own kind through misguided zealots
who grossly misinterpret the teachings of the Holy Quran and only seem
to be projecting the world towards self destruction rather than making
it a better place to live in!
It seems somewhat of an irony that despite the attributes of Islam
as outlined by Judge Weeramanty the world was subjected to the horrors
of the worldwide US embassy bombings, The World Trade Center Bombings,
The London Underground as prime examples in addition to a plethora of
all the other attrocities committed through terrorism globaly for decades
regardless of facade or imagery and claims of responsibility by the
perpetrators in their attempts to mislead the world through various
decoys and diversions albeit somehow linked in some uncanny manner to
Islamic terrorism and its supportives in most instances.
The futility of adulating Islam as a source benevolent to mankind,
if this is the objective of Judge Weeramantry's submission, becomes
particularly visible purely by virtue of the existence of a fundamentalist
version of its mainstream counterpart where no peace loving, God Fearing
human being in these days and times of global devastation through sources
such as the wretched Al Quaeda, the Taliban and all their imitators
such as Abu Sayyak and the rest of the pitiful entourage of terrorists
in the name of Islam continue unabated their advance towards establishing
what they term Jihad or Holy War.
Somewhat alarmingly it has also been recognized by the analysts and
statisticians around the world on the realities surrounding Islam, that
it is one of the fastest growing religions on the planet today and is
influencing astronomical numbers of youth drawn towards Islam as their
only salvation and a path towards eternal life which could be enhanced
and accelerated through suicide bombings as interpreted by the zealots
and fanatics! and woe be unto an unsuspecting world if all of these
or even a proportion thereof, end up enslaved to Fundamentalism at which
juncture Islam in whatever form would unquestionably be condemned rather
than accepted towards an unlikely divinity which shows no mercy towards
the freedoms of the human race!!
Hence one can only deem the merits of the submission by Judge Weeramantry
as being purely hypothetical and to a greater extent unaccomplishable
as Islamic Fundamentalist Global Terrorism totally contradicts the values
highlighted in the Holy Quran and its followers of the fundamentalist
variety have gone in a direction which neither upholds mainstream Islam
nor the precepts of any other religion conducive to the freedoms and
well being of mankind.
The following is Judge Weeramantry's analysis refered to where all
the suppression and rigidities of Islam which has given rise to the
frustrations of the fundamentalists have been clearly outlined if the
reader so chooses to interpret it and apply it relevantly towards the
points being emphasized as futile.It also distinguishes the disparities
between Religious Dogma and human weakness where ne 'er the twain would
ever meet as long as Fundamentalist Islam related terrorism, the root
of much evil continues to exist unabated and unquelled!
1. The Sources of Islamic Law
Islam is of course based primarily on the Holy Qur’an, the revelation
of God to the Prophet Mohammed. This is supplemented by teachings of
the Prophet as recorded in thousands of traditions regarding what he
said and did, as collected by his followers. In all of these there are
numerous references to the human future and to the environment, it being
continuously stressed that the environment is God’s creation and
must therefore be treated with care and due attention.
Supplementary sources include the consensus of scholars (Ijma) and reasoning
by analogy (Qiyas). These additional sources incorporate the benefits
of human experience in changing circumstances over the centuries. For
this reason they are a fruitful source of practical perspectives.
It may also be noted that there have been in the history of Islam a
number of rulers who have been held out as just, and their conduct and
attitudes have also been held out as indications of right attitudes
and patterns of behaviour. In this area as well there is much which
concerns the environment and the human future.
Islamic law is based, on unqualified submission to the will of God.
This is a fundamental tenet of the Islamic religion, and since Islamic
law is based upon Islamic religion, it proceeds on the same fundamental
assumption. The will of God embraces all aspects of life and the law
hence covers all of them. It is a path or way guiding the Muslim and
the revealed law governing all these matters is known as the Shari’a
(The Arabic for track or road).
It is central to its teaching that the entire universe is God’s
creation. ‘Muslims learn from the Qur’an that God created
the universe and every single atom and molecule it contains and that
the laws of creation include the elements of order, balance and proportion:
“He created everything and determined it most expertly” (25:2)
and “It is He who appointed the sun to give radiance and the moon
to give light, assigning it in phases…” ’
2. Islamic Principles of Conduct
Just as in Hindu law there is a principle of good or righteous conduct
which is described as conduct according to Dharma, so also in Islamic
law, good personal conduct (which is known as Din) is a central part
of Islamic teachings.
‘Din (religion) in essence described an integrated code of behaviour
which deals with personal hygiene, at one end of the spectrum, and to
our relationships with the natural order at the other. It provides a
holistic approach to existence, the religious and the secular and neither
does it place a distinction between the world of mankind and the world
of nature’
3. Islam and the Resurgence of Science
The total separation between science and religion which is a characteristic
of the modern industrialized world is quite foreign to the Islamic tradition.
Much of the damage done to the environment and to the rights of future
generations is due to the misuse of science and scientific power –
hence the relevance of this topic.
Scientific progress was encouraged in Islam but held within the matrix
of religious values. Science was not free to pursue the course of environmental
degradation and damage to the human condition which it has followed
in the west.
It is interesting to recall that the release of science from the absolute
constraints imposed on it by religion was attributable in significant
measure to Islamic philosophical thought. At a time when free scientific
inquiry was stifled in the west as leading to contradictions with religious
teaching, Islamic philosophers like Averroes in Spain helped to establish
the doctrine of double truth – there is truth which comes from
divine revelation but there is also truth which comes from human research.
A lead towards free scientific inquiries was found in the teachings
of the Prophet that “the ink of the scholar is holier than the
blood of the martyr’ and that knowledge is so important that one
must even go to China in search of it. Consequently philosophers like
Averroes were able to find a place for free scientific inquiry consistently
with the existence of knowledge coming from divine revelation, by working
out the doctrine of ‘double truth’.
4. The Environment, as God’s Creation, Must Be Respected
Islam, as a way of life expects human beings to conserve the environment
for several reasons. Its concern for the environment appears in many
Qur’anic verses:
“Allah is he who raised The Heavens without any pillars that ye
can see… He has subjected the sun and the moon! Each one runs (its
course) for a term appointed. He doth regulate all affairs, explaining
the Signs in detail… And it is He who spread out The Earth, and
set thereon Mountains standing firm, and (flowing) rivers: and fruit
of every kind He made in pairs, two and two: He draweth the Night as
a veil O’er the day. Behold, verily in these things there are signs
for those who consider”(Qur’an 13: 2-4) .
All this is God’s creation and Muslims should therefore seek to
protect and preserve their environment. Moreover by so doing they protect
God's creatures who are not merely objects but are believed to have
a spirit and purpose of their own. They are in fact believed to pray
to God and praise Him. Humankind might not be able to understand how
these creatures praise God but this does not mean that they do not do
so: “The seven heavens and the earth, And all beings therein, Declare
His glory: There is not a thing But celebrates His praise; And yet ye
understand not How they declare His Glory!” (Qur’an 17:4)
The Islamic attitude of duty towards the environment is not merely derived
from the fact that God is its creator. There are other reasons as well.
One is that humans act as the agents of God on earth. This agency is
not blind and mechanical but is creative in its own way and moreover
it must be fulfilled by operating according to God's instructions.
Another reason why, in Islam, humans are expected to protect the environment
is that no other creature is able to perform this task. Humans are the
only beings that God has "entrusted" with the responsibility
of looking after the earth. This trusteeship is seen by Islam to be
so onerous and burdensome that no other creature could 'accept' it.
“Lo! We offered the trust Unto the heavens and the Earth and the
hills, But they shrank from bearing it And were afraid of it And man
assumed it” (Qur’an 33: 72). By this act of acceptance, humans
accepted responsibility for the custody of the environment.
5. Extravagance and Luxury in the Use of Resources are forbidden
‘Islam expects a believer to respect the benefit derived from the
blessings of Allah made available in the form of natural resources.
Islam is likewise adamant that resources should be utilized only to
the extent of necessities and a luxurious life with extravagance should
be avoided. The Qur’anic ruling, consume from the eatables and
healthy drinks but do not indulge in excess is the key to a healthy
individual and society.’
A creation which is so valuable and designed with such a high purpose
must be respected, and wastefulness in its use is not a sign of due
respect. This is not just or righteous conduct but the very reverse.
6. Cleanliness of the Environment
There are several hadiths of the Prophet stating the importance of protecting
the environment and keeping it clean and fruitful.
Cleanliness is an important part of Islamic teaching which goes to great
lengths in specifying principles of physical cleanliness.
This principle of cleanliness applies internally to the mind, physically
to the body and externally to the environment.
In order to keep the environment free of pollution and therefore pleasant
the Prophet has said “Picking up a bone from the way is a Sadaqah
(Charity)”. He further said “Removing a harmful and dangerous
thing from the way is also Sadaqah.
7. Productive Use of the Environment
Islam requires the environment to be productively used.
There are numerous traditions of the Prophet which show his intense
concern with these aspects.
Here are some: “Whosoever plants a tree, he will be rewarded with
as much reward as is relevant to its yields” (Bukhari).
On another occasion he said: “whosoever plants a tree, or grow
crops, and a man, bird or an animal or a beast of prey eat its fruits,
it is a charity for him” (Bukhari).
According to another Hadith, plantation is so important that even if
doomsday starts and a person has a palm seedling or palm shoot in his
hands he should plant it (Bukahri).
“There is none amongst the believers who plants a tree, or sows
a seed, and then a bird, or a person, or an animal eats thereof, but
it is regarded as having given a charitable gift [for which there is
great recompense].” [Al-Bukhari, III:513]
8. Governmental Duties in regard to the Environment
Islam, while formulating all these principles relating to obligations
towards the environment, also translated these into practical governmental
duties with the necessary institutions for enforcement.
‘The primary duty of the Islamic state is to promote good and forbid
wrongdoing. As part of these functions, it has the mandate to protect
land and natural resources from abuse and misuse. From its earliest
years the Islamic state established an agency known as the hisba whose
specific task was to protect the people through promoting the establishment
of good and forbidding wrongdoing. This agency was headed by a learned
jurist (muhtasib) who functioned like a chief inspector of weighing
and measures and chief public health officer rolled into one. He was
also responsible, among other similar duties, for the proper functioning
of the hima and al harim zones and he acted as what one might describe
as an environmental inspectorate.
9. The Concept of Vice-Regency
The human being, in the Islamic perspective is considered a vicegerent
of the environment and this vice regency carries heavy responsibilities
to the future.
"Behold, your Lord said to the angels: "I will create a vice-regents
on earth." (Qur’an, 2:30)
The vice-regency given to humanity is subject to scrutiny: "Then
We made you heirs in the land after them, to see how you would behave!"
(Qur’an, 10:14)
10. The Doctrine of Trust
This doctrine is closely associated with the concept of vice-regency.
The Qur’an states that “Although people are entrusted with
caring for the natural world, many violate this admittedly heavy burden
of trust”. Islamic teachings state that even if one is cheated
or betrayed one must not cheat or betray.
Since the oneness of God and God’s creation of the universe are
cornerstones of the Islamic faith, humanity is responsible to Him for
all its actions. Therefore abusing one of his creations, whether it
is a living being or a natural resource, is condemned.
The Prophet taught that the universe and the creations in it –
animals, plants, water, and land were not created for mankind –
but that man is allowed to use them. However he can never own them.
11. Living in Harmony with Nature
The ultimate objective of life for a Muslim is salvation which is achieved
through peace and harmony. "Salam, the Arabic root of the word
"Islam," means "peace and harmony". Therefore, Islamic
theologians argue that an "Islamic way of life entails living in
peace and harmony" at individual and social as well as ecological
levels (Hadith).
12. Exhaustion of Natural Resources
There are direct teachings of the Prophet that the earth should not
be over-exploited or abused. The earth itself had rights as indeed had
the trees and wildlife. For the protection of the land, forests and
wildlife, the Prophet created inviolable zones known as hima and haram.
In these zones the natural resources were to be left untouched.
13. Rights of Generations yet Unborn
It is impermissible in Islam to abuse one's rights as khalifa (agents
or trustees), because the notion of acting in "good faith"
underpins Islamic law. The planet was inherited by all humankind and
"all its posterity from generation to generation.... Each generation
is only the trustee. In other contexts, the concept of khalifa refers
to the fact that waves of humanity will continuously succeed each other
and inherit planet earth.
‘Being mindful of the needs of current and future generations is
an important aspect of piety in Islam. In the words of the hadith, "Act
in your life as though you are living forever and act for the Hereafter
as if you are dying tomorrow" (quoted in Izzi Deen 1990, 194).
14. Rights of Other Forms of Life vi
The Prophet has put great emphasis on the conservation and protection
of animals and birds. Once he passed by a weak camel. Looking at it
he said: “Fear Allah with regard to these deaf and dumb animals”.
He also prohibited people from beating and striking the animals on their
faces. He once saw a donkey, whose face had been branded and castigated
the brander.vii
15. Conclusion
Islamic law thus gives us a number of principles and scriptural statements,
which can be of much value in the field of modern concerns with the
human future, the wasteful use of resources, environmental damage, water
resources, extinction of species, climate change and in general due
care of the environment.
Islam had a special concern with the environment, because it started
with a desert community and the conservation of resources such as water
and vegetation such as fruit trees was of special importance.
As with the other religions, its time frame reached far into the future
and short term advantage at the cost of long term damage to the environment
was severely discouraged. Islamic teaching has an enormous fund of concepts,
principles and rules of conduct offering guidance to all of humanity
on the conservation of the environment and the long-term protection
of the human future.
resources, environmental damage, water resources, extinction of species,
climate change and in general due care of the environment.
Islam had a special concern with the environment, because it started
with a desert community and the conservation of resources such as water
and vegetation such as fruit trees was of special importance.
As with the other religions, its time frame reached far into the future
and short term advantage at the cost of long term damage to the environment
was severely discouraged. Islamic teaching has an enormous fund of concepts,
principles and rules of conduct offering guidance to all of humanity
on the conservation of the environment and the long-term protection
of the human future.
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