Islamic Center of Southern California

First principle:

Respect for persons as elaborated below is an established fundamental in Islamic Sharia; for it is a token of esteem stipulated in the Quran: "We have honoured the Children of Adam" (Al-Israa '[The Night Journey] :70)

a) A legally competent person (capable of independent self-determination) is entitled to respect for his independence. He should enjoy free choice in taking whatever decisions he deems suitable without the slightest suspicion of duress, deception or exploitation. The general juridical rules have confirmed this principle as they specify the following: "The right of a human-being cannot be disposed of or relinquished without his permission." And, "Man's rights cannot be nullified without his consent." "Sharia has stipulated the rights of human-beings."

b) A legally incompetent person (whose independence is undermined or impaired) is in need of protection from others who may take advantage of his weakness, and from himself as he may put himself in the way of harm due to his inability to manage his own affairs properly. So, Islamic Sharia prevents such a person from independent action and does not hold him responsible for what he says. Accordingly, general juridical rules stipulate: "Whoever is incompetent in action shall consequently be considered incompetent in words." The rules further require that a guardian should be designated for such a person to take over the running of his affairs in ways that ascertain his interests and block any attempt by others to use him for their own ends.

Second Principle:

Achieving benefit [the moral commitment to maximize benefit, neutralize deliberate harm to others and minimize unavoidable damage] This is also one of the main rules in Islamic legislation confirmed by what the Prophet (PBUH) says:" Neither get harmed nor bring harm to bear." This pronouncement has become one of the intents and overall purposes of legislation. It gave rise to the juridical rule: "Bringing about benefit and averting loss." On this point, Al-Quraafi says: "God (SWT) has sent the Messengers (peace be upon them) to achieve benefits for mankind by induction: whatever is beneficial is most probably preferred by legislation."

Al-Qaadi Ibnil-Arabi defines "benefit" as every meaning in the Islamic laws that contributes to the realization of public utility for the people. This concept has been emphasized by the juridical rule:" Any act that brings harm to bear or stands in the way of benefit is interdicted." And, "Malicious acts must be legally and rationally banned at all times and for all persons including notables." This rule applies to acts that can be described as "utter evil".

In cases where the choice is between two courses of action both of which seem to be harmful , the only resort is to ward off the greater and settle for the lesser of the two evils. Hence, the juridical rules stipulate the following:" Thwarting the greater of two evils by opting for the lesser is a must." And,: "If two acts happen to be the only available alternatives and both are judged as reprehensible, forbidden or harmful, the choice must be the lesser of the two evils."

Another important rule specifies that if the choice is between realizing a benefit or warding off an evil, the latter outweighs the former. The basis for this is elucidated by Ibn-Taimiya where he says:" Little corruption may not be warded off by allowing much corruption, and the lesser of the two evils cannot be warded off by giving in for the greater. Sharia rules that benefits shall be achieved or supplemented and that evil deeds shall be foiled or reduced to a possible minimum. They direct that if two benefits cannot be obtained together, priority should be for the greater one. By the same token, if two evils cannot be warded off at the same time, the greater should take precedence over the lesser.

Third Principle:

Administer justice [the moral commitment to treat every person in accordance with what is morally correct and proper; giving every person, male or female, his/her what is due to him/her; and inhibiting greed and moral depravity in transactions." This, too, is a well-established ruling in Islamic legislation which puts the principle of administering justice into action. This principle has been founded by Islam to serve as the pivot of righteousness and success in life. It can even be claimed that the prophets, Messengers and Holy Writs have the common purpose of administering justice in the world. This is corroborated by the Quran: "Indeed We sent our Messengers with the clear signs, and we sent down with them the Book and the Balance so that men might uphold justice." (Al-Hadeed [Iron] : 25)

Ibnul-Qayyim says:" Allah (SWT) has clarified that His prescribed laws and ways of conduct have the intent of administering justice among His servants. Any course of action that leads to justice is congruous with religion."

Al-Ezz Bin Abdussalam says in his book "Al-Qwaa'id Al-Kubra" (the Greater Rules): "The most comprehensive verse in the Quran that exhorts people to do all kinds of good and abstain from all kinds of evil is: "Surely Gods bids to justice and good-doing" (Al-Nahl [The Bee] : 90)

Justice is settlement [of disputes and controversies] and equity; good-doing is attaining a benefit or averting a cause of corruption.

This has been a quick, but significant, look at the Islamic approach to moral education and the importance of sticking to the time-honoured values. The necessity and usefulness of adopting these values in daily life has been highlighted by many verses of the Quran, which is the source of high ideals, and explained by Prophetic Traditions. Inspired by this Prophetic guidance, the writings of Islamic thinkers subscribe to these values and demonstrate how closely related they are to the world we live in, especially to the domain of medicine and health sciences.

We have deemed it appropriate to include these arguments and such strong evidence in this Islamic Code hoping they will contribute to achieving success for the targeted purposes. Islamic Center of Southern California