I. J (cont.)

This is because, in general, no price can be put on such losses and one has the right to enact the same act upon the guilty party.4 • The Islamic society should be such that no member tries to wrong or harm any other member of the society. If a person intentionally does so, he is committing a sin and he is harming the intended goal of Muslim brotherhood. For this reason, laws have been put into effect to either eradicate or deter such behavior of any individual. This overall goal for society, therefore, takes precedence over individual rights, as opposed to modern-day Western societies which have overturned that understanding. • Since wrongdoing and harm are to be completely avoided, this automatically implies that their opposites are to be acted upon. In other 1 At least two complete translations of al-Muwatta are currently available in English: Muhammad Rahimuddin, Muwatta Imam Malik (Lahore: Sh. Muhammad Ashraf, 1980); Aisha Abdarahman al-Tarjumana and Yaqub Johnson, trans., Al-Muwatta: Imam Malik (Norwich, England: Diwan Press, 1 982). 2 The above information concerning Malik was derived from Abdul Ghani al-Diqr, al-lmaam Maalik ibn Anas: lmaam Daar al-Hijrah (Damascus: Daar al-Qalam, 1990), passim. 3 Cf., A. al-Zarqa, p. 1 13 . 4 Cf., Mustafa al-Zarqa, al-Madkhal al-Fiqhi al-Aam (Beirut: Daar al-Fikr, 1968), vol. 2 , p . 978. Hadith #32: "There is not to be Causing of Harm . . . " words, causing harm is not an option for a true believer. The option then open to him is to bring about benefit or, at the very least, perform a neutral act. Hence, a believer's every deed should either be positively beneficial or, at the very least, not causing any harm to anyone. • If someone is harming someone else, such as physically attacking him, the person has the right to defend himself and repel that harm, even if he harms the perpetrator in the process. Such does not violate the principle of this hadith. But a person does not have the right to "take the law into his own hands." If someone has already harmed another person, then he must go through the proper legal means to rectify or remove that harm that bas been done.1 The harmed person bas two choices: either forgive the perpetrator or take his matter to the proper authorities.2 Al-Nawawi gives two particular examples. He states that if a person is struck by another or verbally abused by another, he should not strike him back or abuse him back but he should take his case to the proper authorities.3 • In Islam, there is no room for harming others simply out of spite in reaction to some harm that the other person did. If A harms B, it is not acceptable for B to do something simply for the sake of harming A in return. As stated above, he can either forgive A and put the matter behind him or he can go through proper steps to have his rights fulfilled. • In the same way that one cannot harm others, be also does not have the right to harm himself, his body or those he is responsible for. In fact, al­ Sindi explicitly states, a Muslim does not have the right to harm anything of Allah's creation.4 This principle, then, should also extend to the animal kingdom and environment. A Muslim should not perform any act that is harmful to these two unless it is necessary for some overriding need. Summary of the Hadith • In Islam, one should never cause any unjustifiable harm to others. • Similarly, one should not respond to another's harm by causing him harm. He can demand his shareeah rights but he cannot go beyond that to harm the other person further. 1 Cf., al-Haitami, Fath, p. 239. Also see ibn Abdul Barr's statement in al-Magbataawi, vol. 12, p. 13. 2 Al-Baitaat, p. 1 96. 3 Al-Nawawi, Sharh Matn, p. 1 25. 4 Al-Sindi, Sharh, p. 1 02. Commentary on the Forty Hadith of al-Nawawi Hadith #33: "Were People to be Given . . . " On the authority of ibn Abbaas (may Allah be pleased with them both) that the Messenger of Allah (Allah's blessings and peace be upon him) said, "Were people to be given according to their claims, men would claim the wealth and blood of the people. But the burden of proof is upon the plaintiff and the taking of an oath is upon the one who denies [the allegation]." It is a hasan hadith. Al-Baihaqi and others recorded it in that fashion and parts of it are in the two Sahihs [of al­ Bukhari and Muslim].