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HUMANITARIAN COOPERATION IN ISLAMIC LAW
1DR. RAFIQ ASAAD MOHAMED REDWAN, 2DR. SALEM ABDALLAH MUHAREB ABUMUKHADDA*
Associate Professor of Jurisprudence and its Origins at the Islamic University of Gaza, P.O. Box 108, Gaza, Email: [email protected] 2Associate t Professor - (academic). Lecturer at the Faculty of Sharia & Law - Islamic University of Gaza P.O. Box 108, Gaza, E-mail: [email protected] Corresponding author : Dr. Salem Abdallah Muhareb AbuMukhadda E-mail: [email protected]
Abstract: Islam came with a tolerant middle law that preserves the values that are mmensurate with common sense, and shows the humanity and universality of Sharia, and its openness to others with its distinguished and disciplined personality The texts of Sharia call for cooperation, acquaintance and rapprochement, and respect for human dignity as a human being so that justice and peace prevail among the peoples of the world. This research deals with an important topic, which is human cooperation in Islamic Sharia. The research aims to introduce the concept of human cooperation, its benefits, its legitimate rooting, its pillars, and obstacles. The researcher followed the descriptive analytical approach in terms of collecting, describing and analyzing the scientific material to reach the results.
The researcher reached a set of results, the most important of which are: Islamic Sharia urged humanitarian cooperation, and I based it on a large set of evidence, whether from the Qur'an and Sunnah or the sayings of scholars, and that the Al-Fudoul Alliance is a humanitarian document that enhances cooperation in common humanitarian issues.
Keywords: cooperation - humanitarian - peace - benefits - pillars - obstacles.
Table of Contents
1. INTRODUCTION
2. CONCLUSION
Introduction
Thanks be to God, Lord of the Worlds, and prayers and peace be upon God's Messenger, Muhammad Islamic law has taken care of exhibiting human respect for himself, and it is universal for all humans, and this human being is the center of the world, and God Almighty appointed him a difficult mission, which is the reconstruction of the planet, and Islam came to demonstrate and protect this dignity. Rather, whomever abuses her is punished, and dignity is associated with the fact that he is a human being regardless of his identity, gender, race, language, or religion.
And the Sharia urged acquaintance, cooperation, and dialogue as a method for dealing with peaceful
others, and thus there are links to joint human action and cooperation in the interest of all humanity,
and it was necessary to root legally the concept of human cooperation, while striving to demonstrate
the virtues of Islamic Sharia, through its call for acquaintance, cooperation, and peace, and its
consolidation of the values of acquaintance and dialogue, avoiding the language of confrontation. This
research includes the following introduction, three themes, and conclusion:
Research plan: It includes an introduction, three topics, and a conclusion :
The first topic: the concept of human cooperation.
The second topic: the legal rooting of human cooperation.
The third topic: pillars and obstacles of human cooperation.
Conclusion: It contains the most important results.
The first topic: the concept of human cooperation and its benefits
First: The concept of human cooperation:
1- Cooperation is a language: a source of cooperation, i.e. solidarity, in the sense of helping one another. Cooperation is the language of help (Umar, 2008.(
2- Collaboration idiomatically:
The idiomatic meaning is not different from the linguistic meaning and can be defined: an agreement between parties to complete a work, accomplish a task, or achieve a goal.
3- The concept of human cooperation:
The jurists did not address this concept in their books, but its meaning and rulings are present in the chapter of benevolence to the people of the dhimma, and urging them to treat them kindly, and to give them their rights without injustice or prejudice. on her).
Second: Benefits of Humanitarian Cooperation:
The human cooperation that the Shari'ah evidence came to urge has great benefits, whether at the level of the individual, society, states, or humanity as a whole, and therefore many texts were mentioned about that, and the most important thing that distinguishes these benefits is that they came in general, and its best will spread to all mankind, and these are the most important benefits:
1- Responding to the divine commands that urged cooperation in goodness in order to achieve the interest. The texts, whether from the Qur'an, the Sunnah, or the sayings of the Companions, as well as the facts of the bright Islamic history, came to confirm this value .
2- Cooperation leads to a sense of equality in humanity; Because all human beings are of one father and one mother, and one origin, and they live on one land, and they face one problems and difficulties. Cooperation removes differences, barriers, and classes, and opens horizons for permanent communication.
3- Achieving justice and removing injustice from people, and addressing the challenges and dangers facing humanity, because the magnitude of the dangers is great, and they are not faced by a personal effort or a state, but humanity must cooperate to confront these dangers that threaten man.
4- Accomplishing great deeds that require huge efforts in order to achieve the human interest. If efforts come together and unite, then huge achievements will be achieved .
5- With cooperation, it is possible to benefit from the experiences and experiences of others in various fields of life. Linking the present with the past, and studying the experiences and experiences of the former without regard to their nationality, color, or nationality will lead to the best results and progress in various fields .
6- The cooperation of individuals, peoples, and societies to defuse wars and battles, and thus humanity avoids calamities, victims, destruction, and human and economic losses. Humanity has suffered from the calamities of wars, destruction, killing, displacement, and genocide; With cooperation, and resorting to the method of dialogue, conflicts can be defused in their infancy.
7- With human cooperation, progress and development are achieved at the local and global levels, and solidarity is achieved and roles are distributed among individuals, groups, and institutions .
8- The elimination of selfishness, individualism, hatred, envy, and the like, class struggle, and hatred among the sons of humanity. (Abd al-'Al, 2010.)
The second topic: the legal rooting of human cooperation.
A person is civil by nature and needs to form relationships and bonds with his fellow human beings, as he tends to mingle, cooperate and deal with other human beings, and he cannot dispense with people or live in isolation, and life is not impossible and not easy.
Therefore, the Sharia urged acquaintance and cooperation between human beings, and finding the common denominator that serves humanity and achieves reconstruction in the land, and we will review the Sharia evidence as follows:
First: Evidence from the Holy Quran:
1. Saying God Almighty :(And cooperate in righteousness and piety, but do not cooperate in sin and aggression. )(Al-Qur'an, 5:2.)
Significance: We find that in this is an order from God Almighty for cooperation, and the matter is true in obligation or recommendation, and it came in the plural form, so it is a call for everyone to cooperate for the sake of human interest, and also it was not specified in the verse neither the field in which cooperation is made, nor the one to whom cooperation is directed. It is giving a wide space for cooperation (Al-QurtubT, 1964)
Conclusion: The verse is considered the basis for a great principle in Islam, and a clear evidence of the call for human cooperation, and that it is necessary for succession in life, and for paving the way for cooperation with all international and local institutions, regardless of their gender and religion, in order to achieve the considered interest, righteousness and piety, as it came. in verse .
2. Saying God Almighty : Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly ) Al-Qur'an, 60:8).
Significance: In the verse, there is evidence of the demand for good treatment and justice, and honoring those who do not hostile Muslims, and the verse is considered one of the greatest rules of human cooperation that opens the way for relations between human beings on the basis of justice, and consideration of the public interest (Ibn 'Ashur, 2000.)
3. Saying God Almighty O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteousof you () Al-Qur'an, 49:13).
Significance: In the verse, there is a speech addressed to human beings in general and to Muslims in particular, and it includes a reference that humanity, despite its differences in races, colors, and religions, is considered an interdependent unit among them, so he must get acquainted, cooperate in what is good for humanity, and renounce all conflicts and differences (Al -NasirT, n.d).
4. .(. Saying God Almighty :) And We have not sent you, [O Muhammad], except as a mercy to the worlds) Al-Qur'an, 21:107).
Significance: In the verse, there is a speech to the Messenger, may God's prayers and peace be upon him, that God Almighty sent him to all of creation with great happiness, and this calls for mercy and cooperation between human beings and humanity as a whole, and the Muslim feels that he must meet people, and his heart is filled with kindness and righteousness towards them, so the relationship of a Muslim is not a confrontational one, contentious, rather it is a cooperative, productive, mutually supportive relationship for what is good (Al-SabunT, 1997).(.
Second: Evidence from the Sunnah:
The hadiths of the Prophet called for good deeds and human cooperation for the sake of human interest, and they are as follows:
1. The words of the Prophet, may God's prayers and peace be upon him: "The one who guides to good is like the one who does it" (Al-TirmidhT, 1975).
2. The words of the Prophet, may God's prayers and peace be upon him: (And God is in the help of the servant as long as the servant is in the help of his brother), n.d.) Muslim).
3. The words of the Prophet, may God's prayers and peace be upon him: (The best of people is the most beneficial to people) (Al-Quda'T, 1986).
4. His saying, may God's prayers and peace be upon him: (The best of companions with God Almighty is the best of them to his companion, and the best of neighbors with God is the best of them to his neighbor) (Al-BukharT, 1988).
The evidence from the hadiths: the hadiths urge doing good and cooperating in helping people, so the best of people is the one who is in their service and in their help, and God Almighty will reward him with the best reward for what he has done in this world and the hereafter, and in this is a big chapter to establish joint humanitarian action because of the help it contains. Man, his help, and the realization of his considered interest.
5. The Messenger of God, may God's prayers and peace be upon him, said: (I witnessed with my uncles the pious oath, and I would not like to break it, and I have the red camels) (Al-BukharT, 1989).
1- This incident is from the practical application of human cooperation. The following is learned from this incident:
2- 4- Praising the Prophet, may God's prayers and peace be upon him, for this pact that took place before Islam, and his willingness to participate in any pact in which there is cooperation for good for the sake of the general human interest.
3- 5- Hilf al-Fudul carries with it a high humanitarian tendency, a pledge to noble humanitarian principles, relief to the needy, support for the oppressed, and restoration of rights to its people.
4- 6- Human cooperation with non-Muslims is permissible in every matter that involves righteousness and piety to promote common human causes and defend human rights, and this is a great legal basis for cooperation in all areas of good (1418)ZuhaylT).
The third topic: the foundations and obstacles of human relations First: Foundations of Humanitarian Cooperation
1- Human dignity: Islamic law has taken care of showing honoring the human being for himself, raising his value, explaining his importance, and giving him his full rights, which are general for every human being, due to the Almighty's saying: And indeed We have honored the sons of Adam (70 Al-Qur'an, 17:), and dignity is linked to Since he is a human being regardless of his identity, gender, color, language and religion, it does not belong to anyone without another, nor gender without gender, nor a nation without a nation. The most important pillars of human cooperation.
2- Building up the earth: The Almighty said: And when your Lord said to the angels, "Indeed, I am making a successor on the earth." (Al-Qur'an, 2:30), and the Almighty said: "He created you from the earth and settled you in it".
Evidence: God Almighty showed in this verse that He appointed man in the land to rehabilitate this land and revive it, and to establish His rulings and judge by His law, and it came in (Al-Fawakeh Al-Dawani).
God did not send Adam to the earth and appointed him as his successor in order to diminish him, rather He sent him down so that he performs the functions of assignment, and the bondage of definition and assignment is completed in Adam, so the greatness of God's favor upon him (Al-NafrawT, 1995), so entrusting man with this great trust is honoring and honoring him.
3- Establishing the principle of peace: Islam is the religion of peace and peace, and established this
principle as a general principle, and God Almighty says
(0 you who have believed, enter into Islam as a whole, and do not follow the footsteps of Satan, for he is an avowed enemy to you) □ (Al-Qur'an, 2:30),.
Peace, according to some commentators, refers to peace and conciliation, and its application to Islam in that the rulings of the true religion are all directed towards achieving peace between people, purifying hearts from their impurities, directing people towards safety, and keeping them away from the sites of perdition n.d.) Abu Zahrah), and peace is one of the names God is the best, and Paradise is the abode of peace, and the salutation to Muslims is peace. Sheikh Mahmoud Shaltut, the former Sheikh of Al-Azhar, said: (Peace is the authentic relationship between people in Islam, and on this Islam built its policy among Muslims among themselves, and between Muslims and others. The origin is in relations in Islam is peace, and war is for emergency reasons, and when attacking (Shaltut, 1963); cooperation and peace are among the most important ways to achieve the great purposes of Islamic legislation, so we find these rulings laid out in the books of jurisprudence, and in the chapters on jihad, and international relations that we as Muslims are proud of being the first of the origin For this knowledge is Imam Muhammad bin Hassan al-Shaibani, the companion of Imam Abu Hanifa in his book Al-Sir Al-Kabir.
4- The unity of human origin:
Islam is the one that determines the unity of the human origin in the saying of the Almighty
O people, we created you from the male and female, and made you peoples and tribes to know that I will help you with God. And the Almighty says:
O people, fear your Lord, who created you from a single soul and created from it its mate (Al-Qur'an, 4:1).
People are originally one nation in humanity, equal, as the verses showed that all human beings are from one father and mother, so the origin is one, but their differences are for peoples and tribes for acquaintance and cooperation, not for conflict and clash, and there is no distinction except by piety and righteousness; That is, with behavioral and intellectual uprightness, the religion of Islam is a religion of gathering, intimacy, and cooperation, not a religion of isolation and disharmony.
5- Serving man is worship:
Islam urges people to benefit, help them, and fulfill their needs, and arranges for that a great reward and divine care, as it came in the hadith: (And God is with the servant as long as the servant is with his brother), n.d.) Muslim). humanitarian action; Human cooperation in the Islamic concept brings worldly interest in achieving prosperity and peace, and in the hereafter by obtaining God's pleasure, reward and great reward.
Second: Obstacles to Humanitarian Cooperation:
After reviewing the legal foundations, the need for human cooperation and its benefits, we encounter many obstacles that stand in the way of this cooperation, and people lose opportunities for stability, security, and common interests, the most important of which are:
1- The lack of respect by many countries for morals, values, heavenly laws, and international covenants in their dealings with other countries. There is a country that deals from the standpoint of power, superiority, imposing opinion and sovereignty, without taking into account the right to self-determination, and independence in decision-making. Rather, what is required is compliance, and staying under control. without taking into account the interests of others.
2- Giving priority to factional and regional self-interests over general human interests, and this is considered an obstacle. Considering the interest of one gender or one nationality leads to the marginalization of others, and robs them of their right to live a decent life enjoying freedom and luxury, and it leads to the loss of many public interests, and restricts them to the hands of a specific group.
3- Racial supremacy and national conflicts, and these concepts formed the basis for creating natural differences, and racial fanaticism (2011) (Al-SirjanT,).
4- The emergence of an individualist and dictatorial culture, and this mentality exists throughout history, and it is the one that only cares about its opinion, and does not allow room for dialogue and exchange of ideas, and it, in fact, does not bear the cost of cooperation and communication with others.
5- Inferring the failure of some experiences of human cooperation, and building on what is true; Because the failure of an experiment does not mean that all experiments are judged to be a failure. Rather, there are successful experiences in human cooperation that have brought many interests and averted great harm. An objective, scientific study of the experiments must be studied, and the negatives and reasons for failure must be overcome, and a comprehensive and integrated plan should be drawn up to reach the best results in a way that brings interest. .
6- Closing in and withdrawing into oneself under the pretext of preserving identity, and not walking within the framework of globalization, which is the motto of their dominant powers, but with a closer look, we see that human cooperation does not cancel identity, nor affiliation, but rather achieves common goals and interests through specific agreements and controls, to reach the goal The goal of this cooperation.
Conclusion
After clarification and rooting, this study recorded results, and these are among the most important, as follows:
The most important results:
1- Human cooperation is the association of a group of individuals on the basis of equal rights and obligations to face the problems and challenges they face.
2- Human cooperation has results and benefits, the most important of which are: responding to the commands of the great Islam, achieving justice and removing injustice from people, addressing the challenges and dangers facing humanity, and leading to defusing strife and wars that bring calamities to humanity, as well as achieving development and prosperity for humanity, and achieving interdependence and distribution of roles, And the elimination of selfishness, individualism, hatred, envy, and the like, class struggle, and hatred among the sons of humanity.
3- Islamic law urged human cooperation, and linked it to a wide range of evidence, whether from the Qur'an and Sunnah or the sayings of scholars.
4- Hilf al-Fudul is considered a humanitarian document that promotes cooperation in common humanitarian issues, and it contains a legal basis for all cooperation based on bringing human interests and warding off harm, and it gives great flexibility in the field of international relations and agreements between countries.
5- One of the pillars of human cooperation is human dignity, which is the right of every human being, and the establishment of the principle of peace. Because it is the basis for the relationship between Muslims and others, the unity of human origin, and the urging of man to serve his fellow man, which is a worldly and hereafter interest, and in it is the foundation for joint human action that serves humanity.
6- Human cooperation is the best path towards productivity, development, and well-being for all. Benefiting from all wealth, energies, and expertise in it raises the level of the individual and society, and confronts all crises facing the world, such as economic crises, natural disasters, or general epidemics.
7- Humanitarian cooperation and peace are among the most important ways to achieve the great goals of humanitarian legislation.
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