Who are Those in Authority Among You?

Those in Authority Among You

O you who have believed, obey Allah and obey the Messenger and those in authority among you (wa ‘uli l amri minkum). And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best and ahsanu ta’weelan.  (4:59)

On the basis of this ayat, we are all enjoined to be Ahl al Wahy, those that follow revelation.  We have noted before that there are three forms of knowledge; acquired knowledge gained through the operation of perception, intuitive knowledge gained through the operation of the mind, and revealed knowledge gained through wahy or revelation from Allah SWT. 

The Mu’atazillah held that there were only two forms of knowledge, acquired and intuitive.  Based on this, they held that although revelation started us down the correct path, human beings, utilizing reason, could determine the right path to follow.  Revelation gets us back on track, if we stray off, but after that, we can rely on reason alone.  The Mu’atazillah were Ahl al R’ayy or the People of Opinion. 

Abu Hanifa, Imam Zaid, Imam Malik, Imam Ja’afar, and Imam Shafii, however, all held that wahy was the only source of certain knowledge and the only source of the criterion for ethical action.  This ayat proves that Islam means surrender to Allah and obedience to His commands which are contained in the Qur’an, the Word of Allah SWT, and in the Sunnah or actions, sayings and approvals of His Prophet SAW.  In saying that in case of disagreement, we should refer it to Allah and His Messenger, Allah SWT is telling us that His revelation or wahy is contained in the Qur’an and the Prophetic Sunnah.  These are the sources of Shariah or Islamic Legislation. 

Like all legislation, the Shariah requires enforcement.  Enforcement requires interpretation.  In Arabic, this is ta’wil.  Allah SWT, in this ayat, says that the best ta’wil is contained in the Qur’an and the Sunnah itself. 

However, what do we do in the case where the ta’wil is not apparent in the sources? 

Here Allah mentions that Muslims must obey Allah, His Messenger, and wa ‘uli l amri minkum. 

Many make the mistake of interpreting this last phrase to indicate those in political authority among us.  Because of this interpretation, some hold that it is haram to rebel against political rulers.  As we have discussed in the blog post on Ashura, this is false. 

Two words are important to indicating the meaning here.  The first is ‘uli, from w-l-i, indicating being a wali.  A wali is the protector and patron of another.  He is an authority figure, but as a protecting and sincere friend.  From this term, we get wilayat or governance.  Here the term is used with l amri, referring to amr or command. 

It is easy to see how this would lead some to think this phrase refers to political leadership.  After all, amr is the root of amir or commander.    However, in this case, we come to understand the usage more fully by looking at another phrase used in Islam, amr bi al ma’ruf wa nahi al munkar. 

This phrase is also widely misunderstood.  This phrase does not mean to correct every “mistake” in fiqh we detect in others.  “Commanding to the good” does not mean acting as the “wudu police” and insisting on a particular position in fiqh based on a particular minhaj in usul al fiqh.  Amr bi al ma’ruf is not commanding people to wiggle a finger a certain way in tashshahud. 

Instead, this refers to a more general principle of encouraging morality and discouraging evil behavior.  When Allah SWT states we are the best Ummah from among mankind, He says this is because we amr bi al ma’ruf wa nahi al munkar.  We encourage moral and ethical action.

Certainly, this general principle applies to our relationship with humanity as a whole, but the first ayah quoted above refers to those who have believed, the Muslims.  So how does this principle of amr bi al ma’ruf wa nahi al munkar apply to Muslims?

As we mentioned in the blog post on Ashura, Imam Hussein directed his efforts to preventing distortion within our deen.  He commanded to the correct path and prohibited distorted views.  The Ummayyads, following Mu’atizillah doctrine, held that reason alone could guide humanity to ethical action.  And so they began to make that which was haram, halal, and vice versa.  Therefore, Imam Hussein sought to stop this distortion of Shariah law by amr bi al ma’ruf wa nahi al munkar.  And he could do so because he was qualified to make ta’wil or interpret the sources of wahy, the Qur’an and Sunnah.

Herein lies the key to understanding the meaning of ‘uli l amri.  These are those who are qualified to be protectors and interpreters of the revelation.  These are the mujtahid ulema.  They are the ones who are able to discover and interpret They are the ones who are able to determine the ma’ruf from the munkar.

Imam Shawkani and Sheikh Uthaimin both mention three approaches to the Shariah. The Muqalliduun, the Middle Bridge People, and the Ulema.  Allah SWT mentions that He has created darajah amongst us.  We are of different temperaments, skills, proclivities and dispositions.  We are not the same.  Some are better at physical tasks, some at mechanical jobs, some at building things, some at intellectual pursuits.  We would not survive as a species if we were all the same.  And we know that any job that we do can be a worship of Allah, for it is important for society and if we do it in service of Allah, then we will do it with the correct intention.  However, given these proclivities, it is only natural that people will have different approaches to the religious sciences. 

Orientalists often tell us that Islam does not have a priesthood.  It is true, we do not have a group of individuals whose are blessed with sacred authority and who are essential for the effective and correct performance of worship rituals.  Any Muslim can perform a valid act of worship or ibadaat in Islam.  However, we do have religious authorities, the Ulema.

Most of us are not Ulema; we are muqalliduun, those that follow.  Taqlid is a controversial word.  True, blind following is haram in Islam.  No one should follow blindly.  Allah SWT tells us to think, to contemplate, to understand.  But given our differences, and different roles in life, it is only natural that some will focus on some sciences and not others.  Doctors, engineers, farmers, merchants, all have a role in human society, and they have a right to rely on experts in Shariah and Deen to guide them in religion, just as an Alim might rely on a doctor to treat his illnesses or a farmer to grow his food.

So the muqallid has a right to rely on a religious authority provided:

1. He has researched the qualification of the one upon whom he will rely
2. He is assured that the fiqh position held by the one on whom he relies is backed up by a dalil
3. He should ask for the dalil of any fiqh position
4. He is not required to memorize the dalil, but he should be certain there is on based on Qur’an and Sunnah, the sources of wahy

Given these considerations, the muqallid has a reasonable right to rely on the expertise of a scholar in his fiqh positions.

As for the mujtahid alim, he is not permitted to rely on any one else.  He is obligated to follow his own ijtihad, provided he has:

1. direct knowledge of area in question
2. knowledge of Ilm al Usul, Usul al Fiqh, Mantiq, Rhetoric, and Taariikh
3. knowledge of the Islamic Sciences, including Uloom al Qur’an, Uloom al Hadith, Seerah, Nawh and Sarf.

The first proviso is very important.  Most of our historical Ulema had direct knowledge of the areas of study they issues fatawa on.  Today, what few mujtahids we do have often do not have direct knowledge.  Imam al Qaradawi relied on American Muslims and bankers in ruling on the issue of mortgages on houses.  And members of the Fiqh Council of North America have no direct knowledge of DNA and genetics, despite rulings on the fiqh status of gene patenting. 

On the other hand, Sayid Muhammad Baqir al Sadr, in his research on economics, studied the primary texts of that science, himself.  In the course of his work, he argued for cooperative marjiyya or cooperative ijtehad, considering the vast expanse of human knowledge and endeavor in the modern times.

The job of the mujtahid then is to determine the fiqh positions based on his knowledge of the area of study, and the Shariah as contained in the Qur’an and Sunnah.  He does so by developing a minhaj or criterion for determining the law and applying it, and determining the dalil of each position he takes based on Qur’anic texts, Hadith, the Maqaasid al Shariah (objectives of the Shariah) and other considerations. 

Such ilm and skill requires special education.  Traditionally, the mujtahid were trained in Islamic seminaries.  Only a few remain today, including Al Azhar, Zaytuna, Najaf and Qom.  Most Islamic universities do not offer adequate training in this area as they use modern educational methods and focus on the training of imams and daiyyas, not mujtahids. The mujtahid requires the Socratic method of learning so as to train the mind in how to think, not just what to think.

One of the issues today is that the muqallid are often confused by the ikhtilaf of the scholars.  A scholar has to look at an issue from all angles to ensure he finds the right position.  These gray discussions are often confusing.  The average Muslims wants a clear statement.  What do I do?  They rely on the Ulema to look at the issue from all angles, and give them a clear statement.  Understanding ikhtilaf is crucial to preventing fitnah in our communities. 

And so we come to the middle group, our imams and daiyyas.  They are the bridge between the Ulema and the Muqallid.  Their job is to:

1. know the Qur’an and Sunnah
2. know Uloom al Qu’ran and Uloom al Hadith
3. know the fiqh of their madhdaab or the mujtahid they follow
4. know the dalil behind each fiqh position
5. to be able to clearly state the answer to fiqh questions and provide the dalil

Our imams and daiyyas must be able provide the muqallid with answers to fiqh questions in a clear fashion, and to provide them with the dalil for that position.  It is also best if they have some knowledge of comparative fiqh and some understanding of the reasons behind ikhtilaf, so as to reassure the muqallid that while the imam feels that his position is the most sound, other positions should be respected because they too are based on reasonable interpretations of the sources. 

We should note that these approaches to the Shariah are not hierarchical.  Some of the imams and daiyyas trained in Saudi Arabia seem to feel this way and often are arrogant.  Such kibriyyah is haram.  The only thing that distinguishes one believer from another is taqwa, and the muqallid is capable of just as great taqwa as an alim, perhaps even greater. 

So, returning to the question at hand, who are the ‘uli l amri minkum?  Then, they are the mujtahids, the ones who have the qualifications and training to be the wali or protectors of the Shariah and who are capable of determining the commands and prohibitions of the Shariah from the sources, the Qur’an and Sunnah.  The muqallidun and the middle group of imams and daiyyas are then commanded by Allah SWT to obey them.  They have a reasonable right to rely on their positions, provided they have done their own due diligence as to the qualifications of the mujtahid and the soundness of his minhaj, and they have each done their duty in understanding the dalil of the position.

Finally, we remind ourselves that this verse is not talking about political leadership.  As Abu Bakr mentioned in his acceptance speech, if the political leader is in error, we are expected to correct him.  No political leader has sovereign immunity in Islam, and no one is perfect or infallible.  This ayat is not a prohibition on questioning or even removing a political leader if he is despotic and oppressive.  It refers to following the rulings of the Shariah, be they in found directly in the Qur’an and Sunnah, or in the reasoned rulings of the fiqaha and ulema. 

The Islamic Ruling on Celebrating Halloween

 “Surely Allah does not forgive that anything should be associated with him, and forgives what is besides that to whomsoever He pleases, and whoever associates anything with Allah, he devises indeed a great sin.” (Surah an-Nisā’ 4:48)

“Surely whoever associates (others) with Allah, then Allah has forbidden to him the garden, and his abode is the fire; and there shall be no helpers for the unjust.” (Surah al-Mā’ida 5:72)

Allah SWT makes it clear to us in His Qur’an al Hakim that associating anything with Him is a grave sin.  He has done so in past revelations us well.

In the Ten Commandments given to Musa AS on the Mount, as told in the Pentateuch, “Your Lord thy God is singular and thou shalt have no other gods but Me.”  

And Isa Ibn Maryam AS, as recorded in the Gospels contained in the Bible, that the Law and the Prophets hang on two, “Hear O Israel, the Lord thy God is One god, and thou shalt love they God with all thy heart and all thy mind, and love thy neighbor as thy self.”

Allah SWT also informs us we have an avowed enemy:

Behold! We said to the angels: “Prostrate unto Adam”: They prostrated except Iblis (Satan): He said, “Shall I prostrate to one whom Thou didst create from clay?” He said: “Seest Thou? This is the one whom Thou hast honoured above me! If Thou wilt but respite me to the Day of Judgment, I will surely bring his descendants under my sway – all but a few!” (17: 61–62)

After refusing to obey Allah by following his command to prostrate to Adam AS, Iblis vows to do anything to destroy man.  

(Iblis/Satan) said: “O my Lord! Give me then respite till the Day the (dead) are raised.” (God) said:

“Respite is granted thee till the Day of the Time appointed.” (Iblis) said: “O my Lord! Because Thou hast put me in the wrong, I will make (wrong) fair-seeming to them on the earth, and I will put them all in the wrong, Except Thy servants among them, sincere and purified (by Thy Grace).” (God) said: “This (way of My sincere servants) is indeed a way that leads straight to Me. For over My servants no authority shalt thou have, except such as put themselves in the wrong and follow thee.” (15: 36–42)

The one caveat here is that Satan the Cursed does not have any independent power over us.  He can only mislead us if we let him.  But how often we let him…

Day of the Dead Festivals

Allah SWT has provided us with two guiding lights.  The first is our fitrah or innate knowledge of the actuality of Allah, and of fundamental morality.  This is our first defense against evil.  The second is revealed knowledge directly from Allah in the form of wahy or revelation.  This is the most certain form of knowledge for mankind. [1]

Our early ancestor, guided by their fitrah, inherently understood that they had a soul, that they would die, and that there was a life after this one.  They also understood that they would be held accountable for their actions in this life, in the next one.  

Based on this understanding of the fitrah, all pagan religions have a Day of the Dead.  In Hinduism, people remember the souls of those who have died during the year, on Dewali.  They light candles to float on the water to guide the souls to the next life.  Buddhists celebrate O Bon to do the same.  In Mexico, the people celebrate Dia de Los Muertes, the Day of the Dead.  Combining elements of pre-Columbian pagan practices and post-Columbian Catholic influences, the people parade saints through the streets, make special cookies in the forms of skeletons, and perform other localized practices.

The people of Europe were also pagan before the coming of Christianity.  They worshiped gods and goddesses, spirits of the land and water, and natural forces.  The Druids of England built great stone structures for worship and to enable people to play an integral part in the natural cycles of life and death.  The Shamans of the Siberian Taiga and the grasslands of Central Asia also practiced nature worship and buried the dead in great barrows or mounds.  

All of these peoples naturally understood that they had a soul, and that they would die physically, but that their soul would persist in the next life, and be held accountable for its actions in the this world. 
In Europe, the people remembered the cycle of life and death in a celebration of All Hallows Day.  

Hallow is an old word for soul.  When the people would meet on the foggy moors of England, they would often call, “Hallow!” to tell the others they were live humans, and not dead ghosts.  In the time of Rasulallah, SAW, the people would call out, “Ins aur Jinn?”  “Are you an Ins (human) or Jinn?” and the person would respond accordingly.  From this English call, we get our modern greeting, “Hello!”

All Hallows Day was a day to remember the souls of those who had died that year.  On that day, the good souls would move on to the afterlife, after having spent a period of time preparing to leave this world.  Like Dewali and O Bon, the people used light to help the souls find their way.  

The day before All Hallows was All Hallows Eve. On this day, it was believed that the souls of evil people, the damned to hell, would rise and haunt the land.  To protect themselves, as many Muslims protect themselves from the “evil eye,” the Europeans shut their doors and put out lanterns.  Later, people put out carved vegetable lanterns, including carved squash – the precursors of the modern jack-o-lanterns[2] and carved pumpkins.  

Over time, this evening also became associated with mischief, where people played pranks on one another.  This morphed into visits to neighbors, who would leave treats.  If they did not leave treats, then the people would trick them in some way.  

Samhain

One aspect of these Days of Dead, is that they all occur in the fall.  Pagan religion or nature religion varies in terms of complexity, depending on the underlying economic basis of its adherents.  Nomads and hunter-gathers generally have one deity, and believe that all things are created by that deity. They also hold that everything in creation has a soul or spirit.  All of these souls are treated equally; therefore, many such cultures look upon animals and plants as equal to humans or as ummahs unto themselves.  It should be noted that the Qur’an also refers to other creatures as ummahs.  

As people developed settled agriculture, they required a means for predicting seasons in order to know when best to plant crops.  They studied the heavens for signs, and were able to accurately predict seasons.  The Anasazi of the Colorado Plateau even calculated the 18.5 year lunar standstill cycle.

As we noted, people would sometimes carve lanterns from vegetables.  The Fall, being a time when many vegetables ripen, provides a ready supply of lanterns.  After all, the Fall is the harvest season.
Many cultures have festivals during harvest time.  These festivals celebrate the generosity of the Creator and the abundance of food stuffs.  People gather the rewards of their efforts in the fields, and celebrate with feasts and sharing of food and treats.  

This association of work and effort and reward provides the connection between the Fall and these Days of the Dead celebrations, reminding us of our efforts in life, and our rewards in the hereafter.

One such harvest festival that also reminded its participants of the circle of life, was Samhain.  Samhain was a Gaelic festival that occurred at the end of Fall and beginning of Winter – Oct 31.  This festival was associated with taking stock of the supplies in anticipation of Winter, and was a liminal time, associated with spirits, fairies and other Jinn-like beings.  Eventually, the holiday took on a more dark tone.  

When Christianity came to the British Isles, it attempted to eradicate the old religion of nature worship.  This is partly seen in the Morte De Arthur, the tales of King Arthur, that bemoan the dying out of the old ways.  

With the adoption of All Souls Day by the Christian Church, the All Hallows Eve became more and more associated with evil.  This is one reason for the focus on witches and devils on this day.  

Muslim Reactions 

One of the greatest sources of fitnah in our Muslim communities, is the celebration of Halloween.  New immigrants and converts view it as haram.  They do so for two main reasons:

·        They may hold that Islam only has two holidays, Eid al Fitr and Eid al Adha.  And that is it.  There is no room for any other holiday.  It is not Sunnah.

·        They may see observing this pagan-associated holiday as shirk.

·        They may see Halloween as worship of Satan, our enemy

Others insist of observing it for several reasons:

·        They think that it is a cute children’s day

·        They think their children will miss out on the fun and candy, and will leave Islam because they feel deprived

·        They desire to appear more American to their neighbors and friends

·        They desire to appear more modern and sophisticated

·        They may come from cultures that regularly celebrate the holidays of other religions

This issue has split some communities, resulting in fights.  

One of the arguments used to support the celebration of Halloween in Muslim communities is that the modern holiday has nothing to do with the old pagan holiday.  So what is the basis of the modern holiday?

Changes in the Modern Halloween

In my youth, children dressed up as witches and ghosts.  As we have noted, Halloween was believed to be a day when the damned walked the earth before going to hell.  As noted, in my youth, it was also a day you could dress up as your favorite heroes or as someone you would like to be when you grew up.  I dressed up as Astro Boy one Halloween because I was interested in space and I wanted to help others. 
We used to go “trick or treating” in our neighborhoods.  We would meet our neighbors, and adults often talked about issues of the day.  I grew up in the 1960s and 70s, the time of the Vietnam War.  Parents often discussed how they felt about the war.  Some distributed literature against the war.  In the 70s, UNICEF had a campaign going during Halloween, where parents collected money for charities and food aid.  Many conservatives hated this campaign.

Then the scares started.

The media began to report that people were putting razor blades in apples.  Many people used to give apples as treats rather than the commercial candies.  This stopped people from offering healthy apples, and from kids eating them.  Then, the media said that people were putting razor blades or drugs in candy, using hypodermic needles.  They advised people to have the candy X-rayed.  Then, they advised people not to go out and trick or treat in the neighborhood, but to go to organized parties.

In an effort to provide “safe” Halloween experiences, churches, clubs, and even municipalities began to have Halloween parties.  They controlled the setting and the experience.  No more leaflets and public discussions of the war or anything else.  

Halloween has historically been associated with rebellion and questioning of the status quo.  As we have seen, we often take this time to turn things on their head and do the opposite of what we would do in everyday life.  But the media and the institutions of socialization – the schools, churches, and government – have taken over Halloween to ensure that it does not foment dissent.

Modern Halloween:  The Festival of Gluttony

Modern Halloween, although inspired by Samhain and related festivals, has quite a different focus.  Modern Halloween is a creation of the retail industry.  Although the witches, costumes, pumpkins, and treats all stem from Samhain celebrations of the past, the retail industry has adopted these things in an effort to drive sales.  Like the Holiday Season, the point is to make a profit.

No other country celebrates Halloween like America.  Although Dia De Los Muertes is a fairly important holiday in Mexico, the celebrations do not reach the excess seen in the American celebration.  Europe, Australia and other first world countries do not consider this day as important.

However, in the United States, people prepare for Halloween, sometimes a year in advance.  They plan costume designs, theme parties and decorations well in advance.  Many seem to live for the holiday.  What drives this obsession?

The United States has a culture of hard work with work hours far exceeding that of Europe and other countries.  Many work 50 to 60 hours per week.  The corporate culture of North America expects employees to give all, and can often be rigid and conformist.  Managers often feel they need to use strong-arm tactics and intimidation to achieve productivity.  Although this view is changing in some companies such as Google and other Internet-based companies, the older corporate “dictatorships” still persist.  And government or public sector jobs can be even more structured and conformist.  

The result of all of this stress in American culture is that people need release.  Some find it in religion.  Some find it in partying. Some find it in extreme sports or extreme entertainments of all types. Some find it in mischief and criminal behavior, rebelling against the authority – the source of structure.  Some of our youth are finding it in extreme violence, be it “fight club” or joining ISIS and the al-Shabaab.  Others find this release in Halloween.

Another example of culturally approved misbehavior is Holi, the Hindu festival of color.  The holiday began simply.  People splashed each other with red powder or liquid.  Rich could splash poor, and poor could splash rich.  You could get back at your nasty boss by splashing him.  The structures that separate us into classes, races, ethnicities, castes etc all break down in these types of celebrations.  We are all equal.

Muslims find this kind of liminal experience where the usual social distinctions break down, on Hajj.  In the two white sheets of Ihram, we all look alike.

But what about Americans?  They often find this liminality through Halloween costumes.  Halloween allows the people to be whoever they dream of being, or to been the opposite of what they are in everyday life.  They can also make fun of bosses and authorities, or even get back at them vicariously. 
Modern Halloween also opens the American Holiday Season.  We used to have distinct holidays of Halloween in October, Thanksgiving in November, Christmas in December, and New Years in January.  Now we have one big holiday season.  And none of these holidays are tied to religion.  They have become secular.  Christmas is no longer referred to as Christmas, but only as the Holidays.  And little or no mention is made of Jesus or God.  

Several years ago, when I was living in Arkansas, a Bible Belt state, a news caster thanked God for protecting people from a tornado event.  Then he caught himself.  He stated that he felt this was appropriate even though he knew he was supposed to say “Mother Nature.”  He confirmed what many of us have suspected for some time, that the Media is purposefully refusing to mention the name of God, and is tasked with promoting secularism.

Evidence of this secularization of American culture is also found in aspects of the celebration of Halloween.  Halloween used to mean witches and ghosts – reminders of death, and the afterlife.  Now the children are taught to focus on “monsters.”  No more talk of death or the soul or the afterlife.  Witches, ghosts, ghouls and such are just “monsters.”  

In this same vein, the secular holiday season has absorbed Christmas, Hanukkah, Kwanza, Harvest Festival, Day of the Dead, and Solstice.  It has usurped any reminder that we have a soul, that as free beings we are called to moral and ethical action, and that we are held accountable for those actions in the next life.

Halloween as the Holiday of the Religion of the Extreme

Halloween has become the quintessential celebration of Atheistic Materialism and the Religion of the Extreme.  We consume, consume, consume.  We party, we revel in immoral behavior, we drink, we drug, we eat, we do everything we can to rebel and revel.  Halloween is the most important holiday of the Religion of the Extreme – extreme drinking of alcohol, extreme raves with Mollys and various form of speed, extreme foods and beverages – energy drinks, caffeine, gaurana, extreme violence.  

Every year in Detroit, the police prepare for the day before Halloween, Mischief Night or Devil’s Night, when people go out and commit crimes.  Despite efforts to quell the violence and danger, people still riot and burn parts of the city.

We have become addicted to the Extreme.  Extreme sports and obsession with staying awake for days, raving and partying have produced a generation of youth who seem to be running all the time.  They are running away from reality.  They live in a virtual world, a world of fantasy, where things are as they want them to be.  They are increasing having real problems coping with reality.  Some seem to be unable to distinguish virtual fantasy from reality.  They will sometimes argue over well established empirical facts, as if they can change them as they would ideas.  

The modern celebrations of Halloween only serve to encourage our youngest children to adopt this culture of excess and extreme.  Halloween encourages over-consumption of “legal crack” or white sugar, in the form of candy.  Halloween also provides an early introduction to the “Party” lifestyle.
However, the institutional celebrations of Halloween also ensure that we do not rebel too  much; that we do not question the status quo.  Halloween indoctrinates our kids into the Party Lifestyle and Religion of the Extreme, and into secular atheism, but it also ensures they do not question that culture and world view.

Is this something we, as Muslims, want to participate in?

Fatwa on Halloween

Celebrating the holiday known as Halloween is haram.  Whether viewed from its historical antecedents or its modern formulations, it is haram.  Certainly, any worship of anything or any being other than Allah SWT is shirk.  Islam has only two holidays or Eids, and does not require a special day to remember the dead.  Moreover, historically, this day was associated with the solar calendar, harvest festivals and nature religion.  Therefore, Islamically, there is no reason to commemorate this day.  

As for the modern formulation, it is associated with the extremism in entertainment and mass consumption of goods that form part of the culture of the Capitalist Economic System.  This system is un-Islamic, as we have discussed in other blog posts.  Based on hoarding of wealth, rather than the flow of wealth, this system is collapsing and is detrimental to human survival and the flourishing of human society.  

Moreover, it encourages our children to be greedy, gluttonous, and extreme.  The holiday, as celebrated in our public schools, is teaching children secular values and undermining belief in a soul, moral accountability, and the afterlife.  

Muslims need to do more to counter this secularism in our communities.  School administrators and educators insist that our children attend these celebrations as part of enculturation.  Our children are also required to attend Christmas celebrations, now called Holiday Celebrations, and participate in Valentine’s Day and other holidays.  These educators think that these holidays are cultural and often are unaware of the religious and ethical components of these holidays.  We need to educate our educators on the ways in which these holidays violate our religious rights.  Despite their efforts to secularize them, these holidays do have ethical components at odds with our religion.  

We also need to educate our children about these holidays.  Children are not the idiots we seem to think they are.  They are capable of learning more than we are willing to teach them.  They can understand that these holidays commemorate values and views we do not hold.

So what about all the “fun” they are missing?  Should we provide alternative Halloweens?  Would this just be a renamed celebration of the same thing?

I do feel we should take advantage of this day and have programs for our children and youth.  But instead of a “Muslimized” version, let’s have a real Halloween program.  Let’s get back to what Halloween and All Hallows Day are about – remembering death, the human soul, accountability, and the hereafter.  In an effort to counter the feeling that we are just celebrating a “Muslim Halloween”, we should have a weekend program, and not just a program on October 31^st.

Our programs should enable our children to understand and live in the real world, and not succumb to fantasy and wishful thinking.  We can use games, role playing and other fun activities to teach important lessons about the creation of the human soul, and its ability to freely make decisions, good or bad.  Older youth can discuss moral dilemmas and how to problem solve.  We can all learn more about ethical action and helping others.  We can focus on compassion, love, and justice, rather than hate and violence.  We can also conduct activities during the daytime, such as helping neighbors, neighborhood cleanups, helping the elderly, building houses with Habitat for Humanity, and feeding the homeless and poor.  

Islamic centers should refuse to allow costumes and sugary candies.  Instead, children can role-play appropriate heroes and model ethical behavior. Any costumes they use should be made on-site from materials we provide.  This will encourage creativity, and eliminate the support of the culture of consumption.  Moreover, treats should always be wholesome and healthy.  No masjid should offer sodas, sugary candies and other foods that are contributing to the epidemic of Type 2 diabetes in our population.
If we provide any entertainments, they should be participatory and not merely passive.  Role-playing, movies and after-discussions, and games and trivia challenges can encourage active mental processes and help children retain lessons.  

Most importantly, we should take advantage of this opportunity to frankly discuss Halloween with our kids.  We need to educate them on its history and the analysis of the values and ideas it embodies.  We need to show them how Islam deals with these ideas and values.  What does Islam say about death, the soul, accountability, and the afterlife?  What does Islam say about the stress within human society, and the need to release this stress?  How do Muslims deal with stress and what do we do to release it?  What about political justice, economic justice, and oppression? What about consumption, gluttony, and selfishness?  What about the fitrah and wahy?  What about moral and ethical action?

Unfortunately, we seldom teach our children about the depth of our Deen of Islam.  We teach them to pray and make wudu, but little else.  No wonder they are attracted by the culture around them.  We are not really offering them anything better.  So, we eat kneiffah, and the Americans eat snickers bars.  Why are we better?  

If we do not know the depth of the teachings of Islam ourselves, that is our own fault.  Perhaps we could all take advantage of this opportunity to do so.

May Allah SWT guide us all.  

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[1] We have discussed this more thoroughly in posts on Ilm al Uloom or Theory of Knowledge.

[2] The term “jack” referred to a spirit or Jinn-like creature.  The spirit inhabiting trees was called a “jack in the green,” for example.

THE LEGAL RULING OF ISLAMIC SHARIAH REGARDING THE OWNERSHIP OF AND OBTAINING OF PATENT RIGHTS OVER GENES AND GENE SEQUENCES

The Islamic Law of Property

And it is He who created the heavens and the earth in truth.  The when 

He says “Be” then it is.  His word in the truth.  And His is the dominion on

the day that the Horn is blown. He is the knower of the Unseen and the

Witnessed, and He is the Wise, the Informed.  [1]

Is it not the case that to Allah belong whatsoever is in the heavens and the earth.

The Promise of Allah is Truth, but most of them do not know.[2]

وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَٮٰكُمۡ

You give them something yourself out to the means which Allah has given you.[3]

With these verses of the Qur’an, Allah informs humanity that He is the vested owner of all that is in the heavens and the earth, and all in between and any right or interest a human has in property is contingent upon that ultimate divine ownership. 

The concept of dual ownership [human being-God] is one of the special

features of the Islamic doctrine of economics.  Islam protects and endorses

the personal right to own what one may freely gain, though legitimate

means … . It is a sacred right.  Yet human ownership is tempered by the

understanding that everything, in the last analysis, belongs to God… .

What appears to be ownership is in fact a matter of trusteeship, whereby we

have temporary authority to handle and benefit from property.  [4]

This unique characterization of the ownership of property is most difficult to analyze in comparison to Western property law.  Some have erroneously compared this principle to the Western concept of Crown Land.  Although, as we shall see, this principle does support a state interest in property, it does not support exclusive state ownership.  [5]  Similarly, the attempt by some to read in some form of socialist theory of ownership is equally in error, for although subject to certain restrictions, the right to private ownership is sacrosanct in Islam. [6]  Walied El-Malik, the only author to seriously tackle the Islamic theory of mineral ownership in Islam, characterized the interest created by this dual ownership principle as “individual ad interim ownership.”[7]  Abd ul-Razzaq as-Sanhuri, the creator of the modern Egyptian legal code, viewed Islamic property law as a means of achieving social harmony.  He saw this dual principle as a form of joint ownership, creating rights for the individual but also creating certain duties that individual owes to others.  [8]

If we examine the types of ownership, or mulk, created by this dual divine/human ownership principle over the past 1400 years since the death of the Prophet (SAW), we find five basic forms; commonage held by all humanity and administered by the state for the benefit of all people (afraq), state owned property (miri or hima), charitable trust property (waqf), communally or jointly owned property (shuyuu), and individual private ownership (mulk). 

Humans acquire ownership in real property in a number of ways.[9]  First, given that the ownership of all property is ultimately with Allah, and that the principle of ownership is generally a dual divine/human tenancy in common, people have an interest in some property just by being human.  The Prophet Muhammad (SAW) is narrated to have said, “The Muslims have a share in three things; water, fire and pasture.” [10]  These constitute arfaq (metruke) or commonage and all humanity has a right to utilize them. An individual or tribe may own a water well, but any thirsty passerby has the right to request a drink therefrom.  [11]  Pasture land is also commonage and any herder may pasture his flock on such land.  Other arfaq include areas surrounding markets, streets, the hareems of towns, and caravan stops; in other words the easements and facilities necessary to enable travel and commerce.[12] 

The state can also acquire property through accretion, annexation, expropriation, and conquest.  Miri or hima is state land held by the Amir al-Mu’mineen, or Commander of the Faithful, the official title of the Empiric Khalifs.  This form of ownership developed under the Ottoman Turks, and is derived from several earlier practices.[13]  Historically, hima was a form of shuyuu or communal property owned by a Bedouin tribe and reserved for the exclusive use of the members of that tribe.  When Abu Bakr confiscated the hima of the Kindah tribe as punishment for its apostasy from Islam, he transformed the land from hima of a tribe to hima of the state, to be subject to the exclusive use of state citizens. [14]  Abu Bakr also began the practice of creating hima reserves for the public benefit from privately owned land when he donated the reserve of al- Rabadhah for the use of those persons entitle to zakat. [15]  State-owned hima land cannot be converted into private property, and may not be reserved for the exclusive benefit of particular persons or the rich. [16]

Umar ibn Khattab extended the concept of state-owned property even further when he included land gained by conquest within it scope.  Umar considered such land as belonging to all Muslims. The state, then, had the duty to administer it for the benefit of all Muslims for all times.  To prevent waste of such land, the state could then chose to divide it amongst the soldiers as booty (ghaneemah) or it could be returned to the original non-Muslim owners who then were charged a kharaj tax.[17]  The Ottomans developed these concepts along feudal lines, vesting all ownership of agricultural land in the state; which, then, issued hujja or titles of possession to individuals, or gave timar or iqta land grants for military service.[18]

Communities can also acquire property in various ways.  Property can be owned communally under the doctrine of shuyuu by families, tribes, villages and towns, and is referred to generally as musha property.  [19]  Musha land includes tribal himas, which, as mentioned above, are lands owned by a tribe for the exclusive use of its members, [20]  and the hareems of villages and towns.  These include public markets, streets and easements and while they may be commonage as far as use, they are owned by the residents, as tenants in common.  [21] 

            Disruption of shuyuu ownership by the colonial powers left the state as the only repository of the public interest in most Islamic states.  Colonial powers imposed Western-style landownership laws, which did not recognize shuyuu ownership. [22] As a consequence, state governments took over communal lands, preventing local control and any corresponding local benefit, and large tracts of land came under the ownership of foreign land owners.  [23]  Although Sanhuri took some pains to revive communal ownership in Egypt, the influence of civil law state ownership ideas still prevails.[24]

Islamic Shariah Law and the Principle that Property Should be Utilized for Maximum Benefit

            One recurring theme in the Islamic law of property, which we can glean from the above discussion, is that property should be utilized for the maximum benefit, and even private individual acquisition of property must be put to the most beneficial use. [25]  Islam guarantees individual private ownership. In his farewell sermon, the Prophet (SAW) stated, “regard the life and property of every Muslim as a sacred trust.  Return the goods entrusted to you to their rightful owners.”  [26]  Private ownership is encouraged and so is private enterprise, however, the capitalist concept of unfettered accumulation of capital is not. [27]  An examination of the means by which individuals acquire property reveals an underlying principle of public benefit.              

Under Islamic Shariah law, individuals can acquire property in three ways; transfer of ownership by deed, contract, or gift; succession through inheritance; or acquiring a thing “which is free for the use of the public,” including revival of mewat or “dead lands.” [28]  The Islamic doctrine of reviving mewat bears some resemblance to the American doctrine of adverse possession.  Based upon the hadith, “Whoever revives a dead land , then it is his,” [29] the doctrine of revival of mewat rewards sincere labor and beneficial use by vesting ownership of uncultivated non-hima land to those who take concrete steps to work the land, and irrigate and plant crops.  After reviving the land, the reviver has the full rights of mulk, and he may utilize it as any other property.  He may even sell it. [30]

In short, Islamic law allows for the acquisition of property, but what comprises the bundle of rights referred to as mulk?  Because Allah (SWT) is the true owner, the emphasis is on the right to use the property.  The Prophet said, “He who had land should cultivate it.  If he will not or cannot, he should give it free to a Muslim brother and not rent it to him.” [31]  Property should be used, not horded or removed from productive use.

And let those who hoard gold and silver and do not spend them in the way of Allah know that a severe and painful punishment is awaiting them. [At-Tauba, 9:34]

The Law of Rikaz

The Arabic word used by Allah SWT in the Qur’an for “hording” is “yaknizuun,” “they bury.”  Here Allah SWT is making a comparison between humans hording wealth and kanz or buried treasure.  Islam rewards the person who contributes his labor to produce from the earth with possession and use of the land, but in recognition of Allah’s ultimate ownership and substantial contribution to the land’s productivity, Allah has reserved a share.  As for the produce of the surface, Allah (SWT) has stated:

            It is He who produces gardens, both cultivated and wild, and palm trees

            and crops of diverse kinds, and olives and pomegranates, both

            similar and dissimilar. Eat of the fruits when they bear fruit and pay

            their due on the day of harvest. But waste not in excess for Allah does not love

the wasters.[32]

So Allah SWT allows people to benefit from the use of property, but in return. He expects them to pay a percentage of their profits to Allah.  Generally, this obligatory share is called Zakat or Purification of Wealth.[33]  Since Allah SWT Himself has no use for the produce or money gained through the use of the property, He has specified in the Qur’an who should receive this percentage.  The Qur’an details eight classes of persons who are eligible to receive these funds.

Alms are for the poor and the needy; and those employed to administer (the funds); for those whose hearts have been (recently) reconciled (to truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom.  (Al-Qur'an, 9: 60)

Therefore, even though property may be individually owned, the obligation to pay Allah’s due ensures that the property will be utilized for the maximum benefit of all. 

  However, the percentage one has to pay depends on the amount of effort the owner expends; zakat on money is generally 2.5%, while agricultural production is subject to either ushr, a 1/10 share of the produce from un-irrigated land, or khums, a 1/5 share of the produce from irrigated land.[34]  If Allah SWT provided the water, then His percentage is greater, and the more effort the owner had to expend, the less the percentage he must share with others.

Under Shariah law, rikaz is property that is hidden, usually under the earth.  Rikaz comes in two main types; kanz or buried treasure, and madin or minerals.  Both are subject to a special tax for the benefit of the eight classes of zakat recipients, the khums, based upon a hadith related by Abu Huraryrah, “One-fifth is obliged on rikaz.” [35]  ‘Amr ibn Shu’ayb also narrated that the Prophet (SAW) said of all things found for which no owner exists, “But for things found in deserted roads or villages, are charged , as in the case of rikaz, one-fifth.[36]  The percentage due reflects the effort the owner must expend to bring the property into productive use.

In comparing horded wealth to buried treasure, Allah SWT brings up two concepts. Hording removes property from productive use, and in that regard, it is similar to buried treasure, and ownership of hidden treasure or kanz runs with the land.  Imam Abu Haneefah followed the letter of the law and held that ownership of minerals followed ownership of land.  The surface owner is entitled to the surface and all beneath the soil, and he is responsible for paying the khums upon what he removes therefrom.  However, if the land is communally owned (hima) or commonage (arfaq), then anything hidden in it is also subject to that communal or common ownership.[37] 

The Islamic Ruling on the Ownership of Human Genes

Islamic scholars have not addressed the issue of whether genes are apparent (zahir) or hidden (batin) property.  However, irregardless of whether genes are considered apparent or hidden, they exist naturally inside the human body.  Human genes are just that, human; and the shared property of all humanity.  They are arfaq or commonage, and should not be owned by any individual. 

However, some human groups can carry certain genes and other groups do not carry those genes.  For example, the gene correlating with the risk of Tay-Sacks disease is found only among Jews.  Another example of genes that may be present only in certain members of a species and not others are genes specific to varieties of plants.  For example, regional varieties of grapes, coffee, chocolate, and other plants contain genes that may not be present in other varieties of these plants.  The TRIPS agreement and US Patent law now recognize geographical indicators and afforded them trademark protection.  When Starbucks sought trademark rights over varieties of coffee grown in certain regions in Ethiopia, the Ethiopian government fought back and sued to protect their rights.  Under Islamic law, such hima or communal ownership is obvious.  Ethiopians have communal ownership of the plant varieties present in their country.  Ethiopian Yegechefeh coffee, Sudanese gum Arabic, Brazilian Brazil nuts and American cranberries are all examples of communally owned naturally occurring property. 

Moreover, given the nature of genes, their presence in all humans and the fact that all genes are subject to random mutation, it is debatable whether an  individual would be entitled to private ownership of his own genes even when those genes occurred only in that person. 

However, while genes and even mutated ones that occur in nature should not be subject to private property rights, including patent rights, there is no reason why a company or individual should not benefit from the results of their efforts obtained through the use of the genes.  If genes are commonage, they resemble a tree upon arfaq or hima land.  If someone comes along and views the branch of the tree, the branch is still commonage.  Simply looking at the branch of the tree does not render the branch private property.  Moreover, even if someone comes along and expends effort to cut the branch from the tree to take it home for firewood, he may do so, but all other members of society have an equal right to do so as well.  The branch is still owned as commonage, it is the use that has become individual, but that individual right of usufruct is common to all. It is not the same as a private right, which is only the right of the private individual, and is not common to all. 

 But if someone expends the effort to cut the branch from the tree and then takes the branch home and works it into a cane, then it becomes his private property.  The branch created by Allah, no longer exists; instead the privately owned cane, the product of human labor, is now present.  Similarly, the gene.  Gene fragments or even naturally occurring mutations are simply branches, but the test developed to detect the gene is the result of human work and subject to private property rights, including patents. 

Recently, the United States Supreme Court has been asked to decide whether a for-profit corporation can patent portions of the human genome consisting of two human genes, mutation of those genes which correlate to an increase risk of breast cancer, and a test for the presence of the gene.  The Association for Molecular Pathology v. Myriad Genetics, Inc presents the issue of whether the Patent Act allows for the patenting of human genes.[38]  The respondent argues that the two genes involves, BRCA1 and BRCA2 genes, are patentable because they have become isolated from naturally occurring material.  Under Shariah law, this isolation is not sufficient to render the isolated genes private property. 

Human Genes and American Property Law

            The concept of the maximization of benefit is also found in American law.  For example, the goal of the policy of the free alienability of land is to encourage productive use and prevent waste.  US patent law also reflects this policy.

The US Constitution, Article I Section 8 gives Congress the power to “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. [39]  The Congress passed the Patent Act, establishing the US Patent and Trademark Office (USPTO) and providing guidelines for the issuance of patent.  35 U.S.C. § 101 provides: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent

therefor, subject to the conditions and requirements of this title.”

            The Founding Fathers who wrote the US Constitution created intellectual property rights, including patent rights, to promote two basic policies.  First, fairness and equity dictates that individuals have the right to benefit from the fruits of their labor, including the right to benefit from their inventions and discoveries without any interference.  Second, allowing the inventor a period of exclusive use rewards the inventor for his effort and hence benefits the wider society by encouraging innovation. The economic benefits gained by the individual inventor through his exclusive period of use fuel “the Progress of Science and the Useful Arts,” for the benefit of society as a whole.  It should be noted however, that the Constitution limits the time of exclusive rights, recognizing that perpetual exclusive rights would actually work against the purpose of Intellectual Property law, promotion of useful science and invention for the benefit of all.

            Through the Patent Act, the Congress sought to balance the rights of individuals to benefit from the sweat of their brows with the rights of humanity as a whole, but in doing so the Congress managed to create a law that most effectively seeks to maximize the public benefit of science and invention.  Time-restricted exclusive rights allow the individual to gain economic benefit from his invention and encourage him to practice it.  In order to benefit, the inventor must make and sell his invention, thereby making it available to other people for their use.  Then, after a reasonable time of exclusive use, the invention becomes available to everyone, so that others can build upon it and further contribute to human progress and the further benefit of society as a whole. 

            Patent law further reflects the principle that property should be utilized for maximum benefit by prohibiting some things from patent protection.  The policy of such restrictions is that some things are the shared property of all humanity.

            Genes are clearly the shared property of all who have genes, all of humanity.  To allow private ownership of genes could have serious consequences.  Imagine, for example, that Joseph Mengele discovered the gene responsible for Tay Sachs disease.  If he were permitted to patent this gene, he would have the power to control research using that gene. What would prevent him from using this gene to develop a means to kill more Jews?  If we allow a company to control a gene shared by all human women, such as a gene correlating to a risk for breast cancer, we grant them the power to control the future of all women.  Myriad Genetics, Inc. has a right to benefit from any test or process derived from the use of the genes, but the genes themselves should be the property of all humanity. 

Conclusion

On June 13, 2013, the United States Supreme Court, in a unanimous decision, invalidated Myriad Genetics patent claims for isolated genes.  (Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013)).  The Court ruled that merely isolating genes did not make them patentable.  Justice Thomas, who wrote the opinion, with which Justice Scalia concurred in part, reasoned that the genes BRCA1 and BRCA2 occurred naturally and were not a “new … composition of matter,” as required for patentability.  The fact that it took an extensive amount of effort to isolate these genes did not make the genes subject to private ownership. [40]

We applaud the Court for issuing such a wise decision, one in tune with the Law as prescribed by our Creator.  We too affirm the principle that merely viewing a branch does not afford one private ownership of a part of a hima tree.  No matter how much work it took to view that branch, this form of work is not the same as the effort to fashion something from the hima property, an effort that is rewardable with private ownership.  The effort required to isolate genes is more akin to the effort needed to make a pair of glasses with which to view something.  It is not effort applied to the hima property itself in such a way as to change it.  Effort applied to change the property in some manner is rewardable with ownership of the fruits of one’s labor.

Therefore, under Shariah Law, private ownership of isolated naturally-occurring genes, no matter how unique, is haram.  The genes of any creature created by Allah (SWT) are hima.

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[1] Qur’an al-An’am 6:73.

[2] Qur’an Yunus 10:55

[3] Qur’an an-Nur, 24:33.  Arabic version from  ~~, One Umma Network, The Qur’an al-Kareem, http://www.quranexplorer.com/quran/ accessed 10 May 2009.

[4] Siraj Sait and Hilary Lim, Land, Law and Islam: Property and Human Rights in the Muslim World, (Zed Books, London 2006) 1. (quoting Abdul Rauf 1984:19).

[5] Ibid. 69.

[6] Walied M.H. El-Malik, Minerals Investment under the Shari’a Law¸ (Graham and Troutman, London 1993)  47.

[7] Ibid. 45.

[8] Bechor, The Sanhuri Code, 129-145.

[9] Sait, Land, Law and Islam, at 11 -12.

[10][10] Abu’l-Hasan al-Mawardi, al-Ahkam as-Sultaniyyah: The Laws of Islamic Governance, trans. Dr.Asadullah Yate (Ta-Ha Publishers, London 1996)  265.

[11] al-Mawardi, al-ahkam as-Sultaniyyah, 260.  Al Hasan narrated that a man came to some people and asked for a drink.  They refused to give him water from their well, and as a result he died.  Umar ibn Khattab, the second Khalif al-Rashidun, then ordered the people to pay blood money (diya) in recompense.

[12] Ibid. 265.

[13] Sait, Land, Law and Islam¸ 65.

[14] El-Malik, Minerals Investment under Shari’a Law, 38.

[15]al-Mawardi,  al-Ahkam as-Sultaniyyah, 263.

[16] Ibid. 263.

[17] al-Mawardi, al-Ahkam as-Sultaniyyah, 201. 

[18] Sait, Land, Law and Islam, 65.

[19] Ibid. 71.

[20] al-Mawardi,  al-Ahkam as-Sultaniyyah,  260.

[21] Ibid.

[22] Bechor, The Sanhuri Code, 130.  The Old Egpytian Code, based on French Civil Law, did not recognize family ownership or emphasized individualistic sole ownership. See also, Sait, Land, Law and Islam, 15.

[23] Sait, Land, Law and Islam, 71-72.

[24] Bechor, The Sanhuri Code, 130-133.

[25] Sait, Land, Law and Islam, 11.

[26] Ibid. 16.

[27] Ibid. 11.  The Qur’an states, “When the prayer is ended, then disperse in the land and seek Allah’s Bounty.”  al-Jumu’ah 62:10,  and the authors of Land, Law and Islam, quote Gunter (2005: 4), “Islam is against those who accumulate property for the purposes of geed or oppression as well as those who gain through unlawful business practices.” 

[28] ~~, The Mejelle: Being an English Translation of the Majallah el-Ahkam –I-Adliya and A Complete Code on Islamic Civil Law, trans. C.R Tyser, B.A.L. and others (The Other Press, Kuala Lumpur 2001) 203-204.

[29] al-Mawardi, al-Ahkam as-Sultaniyyah, 252.

[30] Ibid. 252-253.

[31] Sait, Land, Law and Islam, 12.

[32] Qur’an Al-An’am, 6:141.

[33] Zakat is the third pillar of Islam and is called zakat from the Arabic root zaka’ because it is meant to purify one’s wealth from any sin, such as improper intent or greed.

[34] Dr. Yusuf al-Qaradawi, Fiqh az-Zakat: A Comparative Study, trans. Dr.Monzer Kahf, (Dar Al Taqwa, Ltd., London 1999) 224.  Based on a hadith from the Prophet narrated by Jabir, “On that which is watered by the sky, or springs or water running from the mountains, one-tenth is obligatory, and on that which is watered by carried water, a half-tenth is obligatory.”  (Ahmad, Muslim, an-Nasa’I and Abu Dawud).

[35] Ibid.

[36] Ibid. 276.

[37] El-Malik, Minerals Investment under Shari’a Law, 51. 

[38] The Association of Molecular Pathology v. Myriad Genetics, Inc. Writ of Certiorari at 1. 

[39] US Constitution, Article I §8.

[40] “But extensive effort alone is insufficient to satisfy the demands of § 101.”  Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013).