Article Citation: Muhammad Mujtaba Abdulkadir & Ibrahim Dahiru Idriss (2021). Islam and Information Perspective on Some Modern Communication Technologies between Legality and Prohibition. DEGEL: The Journal of the Faculty of Arts and Islamic Studies, Vol. 19, No. 1. ISSN 0794-9316
ISLAM AND
INFORMATION PERSPECTIVE ON SOME MODERN COMMUNICATION TECHNOLOGIES BETWEEN
LEGALITY AND PROHIBITION
By
Muhammad
Mujtaba Abdulkadir & Ibrahim Dahiru
Idriss
Abstract
Islam as a religion condemns
in equivocal terms, forms of innovation in the religion, as related from
prophetic traditions: “whoever introduces something new (Bid’ah) into this
affair of ours (Religion of Islam), something which does not originally belongs
to it, it is rejected” (Bukhari and Muslim). Life in the modern time (21st
century) is full of worldly innovations, some of which are even utilized in
furtherance of Islamic activities, ethics and values. This paper is aimed to
explore the status of such innovative objects as well as their position in
Islamic Shari’ah. It is in the light of the above that the research chooses and
focuses on Information and Communication Technologies (ICT’s) and its related
innovations and terms as “Islam and Information perspectives on some Modern
Communication Technologies (ICT’s); between Legality and Prohibition” This is
because some Muslims misunderstood the real Islamic rules, to the extent that
some denominations tagged the western education and technological innovations
as forbidden. The discrepancy between the plight of Islam and different
innovations that have been attached to it can be mainly found through the
interplay and the features of different technological advancements such as
social networks, computer applications, computer usage, cyber related crimes
& social menace (such as hacking, fraud on the net, computer virus,
computer games, pornography and some related issues) were observed). Documents
analysis was employed for the data collection in conducting this work study.
The findings show that the (ICT’s) application in Islamic perspective is very
valuable to procure the possible solutions to the predicaments faced by the
entire humanity in all life ramifications be it socio-economic, legal and
political advancements and the host of others.
Introduction
The
Muslim societies have come into contact with many newly societal developments
or different objects introduced by technological advancement, despite the fact
that the Muslim and the religion of Islam in general are benefiting from it.
However, this question which arises in mind is that as Muslims utilize such
without the basis of authentication from Islamic law. The exact word “Modern”
in this research means the newly innovated Information and Communication
Technologies (ICT’s), which in some circumstances of life brought in the
contemporary time. Even though, Muslims may need such objects most but in
accordance with Islamic perspective, a true Muslim will not conduct anything
except with the consultation to the Islamic Shari’ah.
The
modern Information and Communication Technologies (ICT’s) introduces the
additional decision in the solid teaching of Islamic law, whereby some other
things under the rule of “Necessities may legalize forewarn and exhortation”.
Before taking stand in legalizing modern Information and Communication
Technologies (ICT’s) or prohibiting it, one has to know the stand of Shari’ah
in innovative objects and reflect it to Shari’ah decision. Innovation in
Shari’ah is different from the innovation in creating objects that may help in
running people’s life.
The
life of modern man may not be completed except with utilization of newly
innovated objects. Additionally, Islam would not leave Muslims without setting
them towards good things or without any given rules and regulations to protect
them from bad things or unlawful acts. Islamic laws explored the right path,
and scholars wrote a number of commentaries on it. So, looking at the human
benefits associated to the modern innovations and improvement of living
condition for Muslims, thus Islam sets it as lawful or unlawful. The innovation
in Islamic Shari’ah was expounded by the Prophet in one of his traditions: “One
who introduces (something of his own) in this religion affair, which does not
(literarily) belong to it, is condemned strongly” al-Bukhari and Muslim.
Objectives
To
obtain an overview on the discourse from the Divine revelation and Sunnah
towards the application of the new technological advancements, and also the
Information and Communication Technology (ICT’s). It is also an attempt to
explore the status of such innovative objects as well as their position in
Islamic Shari'ah. This study will also highlight some of the positive and
negative effects of ICT on the Muslim society.
Methodology
Document
analysis was also employed in this study starting from the early stage of the
data collection methods. This study involves the use of the document instrument
to achieve some of the desired objectives of this research. Mogalakwe, M.
(2006), emphasizes the usefulness of documents in social science research and
argues that the approach should not be underutilized and that it requires
rigorous adherence to the research protocol. That is the reason why the
researcher consults the available physical and online documents with a view to
synthesizing and collecting the accessible relevant data as supported by Payne
and the second author (Payne) who described the documentary method as a means
for identifying the physical sources of particular written documents with a
view to investigate, categorize and interpretation of both public and private
documents (Payne, G., & Payne, J. 2004).
Muslim
Civilization
Worldly
invention was known since early Muslim civilization. Many works either minimize
or completely overlook the presence and contributions of the entire Islamic
civilization. Muslim scholars contributed in different fields of knowledge,
Arts, sciences, culture and inventions among others. The Muslims rescued the
knowledge in which the world today modernizing. Essa A. & Ali O. (2012)
explore that: “the Qur’an strongly emphasized the beauty of nature and presence
of Allah’s miracles in the physical world as well as elements of science. They
also explain on the Muslim scholars’ role and contribution in medicine, arts,
civilization and renaissance which western world benefited from them.
The
Ideological stand of Islamic Law in Utilizing Modern Information and
Communication Technologies (ICT’s). The Holy Qur’an as well as prophetic
traditions gave Muslims an embodiment of the code of life. The two sources
provided guidance in the human aspect of life, individually, socially, morally,
economically, politically, legally, culturally as well as nationally and
internationally. In spite of all this, where someone tries to be over
enthusiastic and add something in the matters of religion which neither Allah
nor His prophet have ever said, it is an innovation (Bid’ah). The doors of
Ijtihad are always open to those who are capable at all times for any
circumstances. (March, A. 2010). From the foregoing the research deducts that
the origin of everything is legalization unless Shari'ah has forbidden.
The
modern Information and Communication Technologies (ICT’s) is among the things
that could be ruled legally, except if it will be used in prohibition or it may
lead to unlawful acts. The modern technological creation will not be regarded
as innovation in religion except if it will open the door to innovation in
Islam (Idriss, et al., 2020).
“Not
all productions that emerged after the death of the prophet could be counted as
innovation, because some other knowledge was emerged after his death (peace be
upon him), because the development in social life introduces the modern
technologies and modern life need it most, using it will not be out of
designation of Shari’ah, it can serve some purposes to Shari’ah itself
especially in modern time (Alzubaidi, I. B., & Abdullah, A. 2017).
The
use of the modern objects depends on some circumstances, the modern (Muslim) or
rather a man has no choice unless using the modern Information and
Communication Technologies (ICT’s) in many aspects they could be used as lawful
in different circumstances. However, using this new modern innovation through
technological advancement could lead to unlawful acts. Allah says; (But he who
is driven by necessity, neither craving nor transgressing it is no sin for him
Lo! Allah is forgiving and merciful” Q:5, V:3).
“This
is among the spiritual acts of Islamic Shari’ah to simplify and ease issues to
its followers” (Al-Qaradawi, 1985). Al-Qaradawi mentioned that “as for the
invented knowledge by human a rational Muslim will not close a door and windows
just to neglect all these knowledge and developments as well as what it is
resulting to a wise Muslim must embrace it for smooth running of his life” more
especially in the modern days. (Qaradawi, 2004)
For
example: looking at the modern way of interaction and transactions many things
have been modernized, almost everything is computerized or mechanized. In the
case of buying and selling, Bank transactions make an impact on the rules of
Yadan bi Yadin (Hand to Hand) in purchase and selling of goods or services from
businesses. Nowadays, people are using bank transfer, Mobile banking as well as
changing of currency, despite the fact that the Western banking system may be
contrary to that of Islamic Banking system and the said transactions may pass
through non-Islamic rules and some modern markets were running on such system.
On
the other hand, some of the contracts were online, via mobile phones, over Fax,
Telex, Internet, Mobile Banking and other modern ways (Ni, et al., 2009).
Modern Muslim scholars have been asked about such ways of modern transactions,
on internet or its example; they responded: The contracts may be executed based
on the condition of offering and accepting even by words, even by one of the
modern ways of communications, by saying “I sell it” by first party, while the
second party will answer “I buy it” or any sign that will stand for agreement
even by writing and sending it via SMS, WhatsApp, Fax or by sending its picture
through messengers, pagers, Instagram or any other form of social utilities
(Fearn-Banks, K. 2016).
The
modern world in term of social, education, economic and religious activities
rapidly grows due to the newly invented technologies and man is witnessing
changes thus Muslims are in the position to reshape their reasoning to utilize
the advantages of modern world development because Islam is a religion of
civilization they must easily adopt the available development to promote their
religion rulings and Da’wah programs in their regions through ICTs (Idriss, et
al., 2020).
Computer
as a Necessity
It
became necessary in our modern time to make use of computers for one reason or
the other, depending on the purpose or need. If it will be used in an unlawful
act, then the following jurist rule will be applicable; “Whatever leads to
unlawful acts will be regarded as forbidden” (Al-Qaradawi, Y. 2013). Almost all
objects have their advantages and disadvantages in use, although the
disadvantages are not fully found in other worldly things, because with any
disadvantage there will be an advantage, while advantages and its opposite are
found in many objects, (Nur, I., & Muttaqin, M. N. 2020).
Thus,
a computer may be regarded lawful whereby it may be used in undertaking good
things (Maslahah) that are relevant to real human development, acquisition of
knowledge and some other useful things as acknowledged rationally by wise and
learned people. On the other hand, Computer can be abused, it may be used for
unholy acts, it may be used to create several new ways for committing crime
(Kierkegaard, S. 2008). Thus, Islamic Shari’ah makes provision for all problems
that may occur in future time to come, the modern time inclusive.
Legalizing
the utilization of computers can go with the rule of Maslaha and Mafsadah based
on Maqasid al-Shari’ah, Ibn Ashur said “…the benefit or harm must be definite
and regular, and so prevalent and evident that rational and wise people
acknowledge it, and the action characteristics cannot replace with something
else (Ibn Ashur, M. A. T. 2006). Thus, a computer in Islamic perspective can be
used based on Maslahah, this means we cannot prohibit its usage just because it
was invented by non-Muslims. The following are some examples of Computer
crimes:
Theft of
Money
The
hackers often break into Banks databases to siphon money from one account to
another. Some may obtain credit information from computers of credit bureaus
and make fraudulent credit of their own card and obtain money from banks or
other trade center’s. In Britain Roger Cook on the Cook Report, November 18th
1997 showed how easy it is to use special hardware to transfer the details from
magnetic strip on one card to that of another, or getting details from a credit
card and using these details to order goods over phone or internet (Heathcote,
P. M. 1998).
Fraudulence,
according to Islamic Shari’ah can be defined as (Algish or Al-Khida) the
Prophet (peace be upon him) said: “Whoever acts in fraudulence, is not among
us” Related by Imam Muslim. Islam forbids fraudulence in all dimensions; in
buying and selling, in oldest and modern ways and in all means of transactions.
Muslims were asked to be trustworthy in all of their affairs (Al-Qaradawi, Y.
1985).
Fraud on
the Internet
The
basic and basis of Islamic law on computer crime and its ruling was explained
by many scholars and Islamic ruling contributed to the ICTs safe and security
spiritually more than practically. Many texts prohibit untruth worthyness
attributed to such type of crime (Al-Aali, M. 2007). Nowadays, modern men have
access to networks; they can sing in or activate to serve their own personal
interest. In Islam also, there is a right to possession. One has no right to
use it except with the permission of the owners, unless where they validate it
for public consumption. “The most common form of fraud on the internet takes
place between traders that appear to be legitimate and innocent, purchase of
goods that are offered for sale. A trader could for example disguise himself as
a representative of a particular organization (say, Selfridges) but actually,
they are entirely unconnected. They could then take orders and payments for
goods and not deliver them (Heathcote, P. M. 1998).
Virus
A
malicious program that is harmful to computers. It can be used to spread the
development of problems and or damages to computer files in business or place
of work. There is also “LOGIC BOMBS” is “similar to a virus and are sometimes
delivered by means of a virus. The bomb can be written to destroy or worse,
subtly change the contents of organizations computer systems. Usually it was
done also by the hacker or distorters (Heathcote, P. M. 1998).
Games
Electronic
games on computers, tablets, smart phones, depend on the kind of game and what
it contains therein, as well as its effect on one's time. Muslims where
commanded to value time, see (Q:103, V:1 – 2), most of the electronic games
lead to the wasting and loss of time, Ibn al-Qayyim said: “Wasting of time is
far more disastrous than death; for wasting of time cuts you off from Allah and
the hereafter, whereas death cuts you off this life and its inhabitant” (Roy,
O. 2017).
Before using the game with all its kind, some
conditions must be realized;
• It must be objective in terms of developing
personality and good attitude.
• It must develop idea ingenuity and
acquisition of knowledge
• It must be useful in upbringing a child and
make him courageous and brave in attaining good habits.
• It must not contain something unlawful or
against Islamic orientation.
• It must not protect from performing
obligations of both religion and life.
• And cautions must be taken because
constantly looking at the screen and listening to the strong sound may create
negative effects, may be illness to the eye, back bone and ears.
By
all means the above mentioned objects will not be neglected by modern Muslims
approaches on the legality of using them depending on their problems or
benefits (Illah or Maslahah), because according to Imam al-Ghazali, objectives
of Islamic law can be categorized as spiritual (or religious) or worldly he
placed the religious at the top, now the religious ruling will be given
emphasis because it calls for the preservation of some aspects which includes
essentials and exigencies and interest most vital human life and needs
particularly where there is no alternatives. “There is also a consensus that;
whatever contributes to the preservation of Dharuriyat al-Khams i.e a benefit,
and everything which causes them to be forfeited is a source of harm while its
prevention is benefit” Ahmad al-Raysuni, Imam al-Shatibi’s theory of the higher
objectives and intents of Islamic law.
And
actually, the game of a child is quite different from that of man. So, let each
one who uses what corresponds to his status best on the mentioned conditions.
The congress of Islamic Jurist suggested that every game that fulfils the
previous condition would not be counted as an offence or misdeed, maybe the
producer will be judged according to his intention.
Multimedia
on TV, iPads, Smart Phones, Video, CD, DVD, Etc.
Some
scholars when they were asked about the above-mentioned photos whether they are
lawful or not, they answered that images and pictures are categorized into two:
the above-mentioned ones, and the second one is still camera photos (pictures),
and all will not be regarded as unlawful. Although it depends on the purpose it
is used for, if it is in a good state like recording or watching religious
programs in mosques and schools and for memory purposes. Where it is used in an
unlawful state it will be counted as unlawful.
The
second one which is still camera i.e. pictures (photograph) taken for a
legitimate purpose then it will be under one of the five decision of Islamic
Shari’ah, these are: Wajib (obligatory), Mandub (allowed), Mubah (permissible),
Makrooh (misfortune) and Mahzoor (adversity). On the second category picture
i.e. still camera picture, Al-Qaradawi (2013), make a good analysis about it,
where he said “Obviously (Surah) or (Tasweer) means the carving and hewing or
sketching one’s images'', he then continues to say: “but in the case of
photograph in camera, is a modern issue, it was not known during the life time
of the Prophet (peace be upon him) nor to the antecedent scholars of Muslims.
According to late Shaykh Muhammad Bukhayt the Muftiy of Egypt: photograph is
not among the forbidden ones by Shari’ah because the feature found in the
forbidden one was not in the photograph thus, it will count as lawful
(Al-Qaradawi, Y. 1985).
Internet
Café
Two
words put together (compound word) internet; means international computer
network, connecting other networks and computers from companies e.t.c, and Cafe
is a place where you can buy something (Nykyporets, S. 2020). Internet cafe
means a place where people are doing transactions with networks through
computers. Allah said; “…but Allah has permitted trade (buying and selling) and
forbidden usury” (Q:2, V:275). Also, the transaction will be based on agreement
by offering and accepting, this type of transaction is also allowable.
Discussions
This
paper depicts Islamic viewpoints on the permissibility or prohibition of some
modern technological advancements or products such as different games and
gadgets in age of Information Technology (ICTs). The research also shows the
above-mentioned products and its relevancy in accordance with Islamic Shari’ah.
In the modern Muslim world of today, certain products in the age of
technological advancement such as different technological products used in
different sphere of life such as communication, education, industry, military
and the host of others should be accepted if both the production and the usage
of the above mentioned new technological products met the objectives of Sharia
or rather Islamic rulings would be accepted but however if they are not, then
should be avoided or rejected. The paper also calls Muslim scholars
particularly the modern ones that they should adhere to bring awareness to
Muslims because western world is doing their best in developing world from
theory to practical in both Maslahah (what brings benefits to the Muslim World)
and Mafasadah (what brings harms to the Muslim society).
Thus,
Islamic rulings and decisions should be deducted from the primary sources, to
back the legality of embracing such modern innovations in order to allow
Muslims to use it in accordance with Islamic injunctions. This also can change
the idea of prohibiting all innovative objects by western world as claimed by
some emerging denominational sects among Muslims. Yusuf Al-Qaradawi has
explained the necessity of Ijtihad that can be observed from time to time by
sound scholars who know much about the modern world and also learned scholars
of Islamic Shari’ah to have comprehensive updates in secondary Islamic ruling
and decisions. It also indicates the need of Mujtahidun (Authorities in Islamic
Law) in the field of Jurisprudence from many Muslim communities (Al-Qaraḍāwī, Y. (1992).
The
research mainly aims to clear some discrepancies of different extremist
ideologies from among some Muslims and clearly explore on the legality of using
modern technology invented by the western world for human consumption as well
as how Islam tolerates newly invented developments in as much as they did not
contrast with basic Islamic doctrines. The Qur’an vividly depicts the
revolution that may come in the future, which would be of benefit to human
beings in particular and the universe in general.
Conclusion
We
have dwelt on the topic of this research as well as attempted to position some
of modern innovative objects on the scale of acceptance or nullity through the
Islamic perspectives. Thus, it is pertinent to reiterate the need for
continuous search for knowledge and its advancement in the modern age for the
benefit of the Muslims and humanity as a whole. The research aimed at affirming
the position of Islamic law in accommodating anything good and useful to its
followers. It is also condemning the notion of some extremist scholars who have
been overboard in passing different rulings to bastardise everything coming
from the west in the age of technological advancements. Islamic civilization
and its renaissance proves Islam to be a progressive religion by its nature as
the Islamic Law mentioned clearly that in accordance with the principle of
Islam everything is permissible except for those things that are prohibited in
Islam. Thus, we should also be reminded that Islam is a perfect religion that
always enjoys what is good and forbids what is wrong based on the uniqueness of
the objectives of the Maqasid Shari’ah (Objects of Islamic Law). In response to
this, Allah says “...Nothing was neglected from the book” (Q:6, V:38).
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