2- ETYMOLOGY OF AIL:
Old English:e3lian (1)"to
trouble, plague, afflict," Hypothetical reconstruction: from Proto-Germanic
Englishe3le "hideous, loathsome, troublesome, painful;" Gothic
"shameful, disgraceful," a3liþa "distress, affliction, hardship,"
"to oppress, afflict"), from Proto Indo-European*agh-lo-,suffixed
form of base *agh- "to be depressed, be afraid." Ailment formed
in Eng. 1706.
3- ETYMOLOGY OF ILL:
4- ETYMOLOGY OF DARU:
The close connection
established between all five terms is a most remarkable finding.
Consequently, the result of this investigation complicates the Indo-European
etymological situation in their hypothetical reconstructions from Proto
Germanic: *azljaz & *kharmaz;
these are decisively trumpeted as fictitious since all of the Arab examples
are from the Classical language which precedes both Old English
and Medieval Latin.
5- DEFINITION OF INJURY
1382, from Anglo-French injurie "wrongful action," from L. injuria "wrong,
hurt," noun use of fem. of injurius "wrongful, unjust," from in-
"not" + jus (gen. juris) "right, law" (see jurist). Injure (v.)
assumed to be a back-formation first recorded 1583; the earlier verb was
The fifth example:
the Medieval Latin term injuria, which was hypothetically
reconstructed as "not" + jus (gen. juris)
is equally challenged on the following basis:
The phrase Corpus
Roman (2) was not used by the Romans
but by the twelfth- and thirteenth-century
European canonists and
Romanists who extrapolated the concept from the work of those who, one
or two centuries earlier, had discovered the old Justinian texts and taught
them in the European Universities.
LAW & REVOLUTION - The formation of the Western Legal tradition,
By Harold J. Berman. Harvard University Press 1983, pp. 9. (excerpt included
in the attached JPEG below
Corpus Juris Romani's authenticity had escaped the
keen criticism of western historians. In lieu of this discovery, it would
appear that the terminology found in the Latin text was in fact plagiarized.
By incorporating legal terminology, which is conspicuously absent from
Latin, we are beginning to recognize the fraud.
it turns out, the legal terminology in the Justininan Code was often
borrowed from Classical Arabic sources. The middle Ages were obviously
deceived by this huge forgery. A verification of this assertion can be
found in this episode below.
the derived Arabic _`lah_ from the same root that gave us
`ll /ill above, we find an important legal and philosophical term which
in Arabic means: cause or inference. This term has been borrowed
outright into Medieval Latin as Illa-tio (see attached JPEG).
Its original source is found in the Fiqh (Islamic Jurisprudence).
It appears that the Arabic term was eagerly adopted in civil legal codes
of the middle Ages, albeit without any acknowledgment by western historians
to its Arabic sources.
this means we reach the origin of the synonymous words which stand for
“harm”and still live on in one form or another in the languages of today.
Whether they persist by direct tradition or whether, by way of loan words,
they have taken on a new semantic life. In the following segment this can
be better demonstrated as we turn to comparative law.
"HARM" IN COMPARATIVE LAW
The various legal
systems in the world rest on the powerful distinction between those actions
that cause harm to another individual and those actions that do not.
In the West, that
conduct known as the harm principle, is regarded as an expression
of individual liberty, which generates no liability under either
the civil or criminal law.
The harm principle
was thoroughly articulated in John Stuart Mill's On Liberty. (3)
that the sole purpose of law should be to stop people from harming others
and that should people want to participate in victimless crimes, crimes
with no complaining witness, such as gambling, drug usage, engaging in
prostitution, then they should not be encroached in doing so.
Today, the harm principle
is in part the basis for certain political stances of the United States
Constitution and Libertarian Parties.
cannot he dismissed as some idle legal convention, for it also strikes
a nerve in ordinary social conversation. "Keep your hands to yourself"
your own business". These are clear and powerful messages that essentially
help convey basic western ideas about individual liberty: "each of us
has separate domains, and no one is allowed simply to butt into some domain
properly reserved to another."
By contrast, justice
in Islamic law is paramount as it is considered the cornerstone of the
established legal principles of "al-Fiqh", the Islamic Jurisprudence.
This principle is enshrined in the following Shariy`ah injunction:
enjoins justice and charity” (Al-Nahl 16:90).
In Islam, the
word _`adl_ evokes strong feelings; it is a complex virtue with
many facets. For the transgressor, it means getting what is deserved, i.e.
punishment which is then an indispensable element of effective justice
for those who have done something wrong.
But justice also means
having one's rights respected and not being subjected to oppression. Where
there is corruption, self-interest, greed, prejudice, and lack of moral
leadership we find "travesties of justice". Properly
used, justice is a vehicle for creating fairness, security and harmony
in families, communities and nations. It deters crime and opposes cruelty,
tyranny, and oppression.
In the Shariy`ah,
justice _`Adl _ meaning equity, fairness and charity is either the
acquisition of benefit or the prevention of harm. The basic principle
in these matters is social justice which is illustrated by the following
la dirar wa la dirar
"there shall be no harming of one
man by another,
in the first instance nor a requital "
its onset, Islamic law has consistently openly addressed the serious issues
of prevention of harm and sought to correct actions that constitute harm
to the dignity of humankind. Human life and respect for it, has been
stressed in Islam unstintingly, regardless of age or gender..
|When harm touches a man, he calls
on Us, lying on his side or sitting down or standing up ; but when remove
WE remove his affliction, he passes though he had not called on to
US an account of the harm which did touch him; thus is made
fair seeming unto the transgressors what they do. . (Yunus 10:12)
Hence, as a
general rule, Islam forbids all forms of harm, be it physical,
mental, emotional or spiritual: ”Abandon all harm , whether committed
openly or in secret.”
(Suwrah al- An`am 6.120)
RULES FOR THE PREVENTION OF HARM
AT THE DAWN OF ISLAM
(rA`) was the first Muslim ruler to formulate the following policy
in the form of strict rules to be adhered to by the Muslim army setting
out to conquer Syria from the Byzantines. These became an integral part
of the Fiqh (Islamic Jurisprudence).
|"Stop, O people, that
I may give you ten rules for your guidance in the battlefield. Do not commit
treachery or deviate from the right path. You must not mutilate dead bodies.
Neither kill a child, nor a woman, nor an aged man. Bring no harm to the
trees, nor burn them with fire, especially those which are fruitful. Slay
not any of the enemy's flock, save for your food. You are likely to pass
by people who have devoted their lives to monastic services; leave them
In Islamic law, Muslim
forces may not loot travelers, doing so would be contrary to the spirit
of Jihad, nor do they have the right to use the local facilities of a conquered
people without their consent. If such a consent is obtained, the Muslim
army is still under the obligation to pay for use of such facilities.
forbids Muslims to harm civilian areas of conquered lands, prohibits
Muslims from pillaging residential areas, harming the property of non-combatants,
the destruction of trees, crops, livestock and farmlands. However, Islamic
law allowed the confiscation of military equipment and supplies captured
from the camps and military headquarters of the combatant armies.
At the dawn of the
21 th c., we are witnessing a world on the verge of global conflict.
The threats of a clash between civilizations are very real. One would
hope to believe that those engaged in conflicts would have the fortitude
to abide by sensible and humane rules like those initiated by Islam
1400 years ago, and we as Muslims should be the first ones to set a good
example for the world.
To be continued.