Э. РАХМОН: «ИСЛАМ ОСУЖДАЕТ ТЕХ, КТО ЗАНИМАЕТСЯ ОБМАНОМ» (англ. версия)

                         E. RAHMON: THE GREAT IMAM AND                                   HUMANKIND'S MORALITY            Emomali RAHMON,           President of Tajikistan           In human society, along with laws and structures of management related to them, a set of moral norms and principles also operates, which regulate the conduct and relations of its members. If laws and norms set up in them regulate rights and freedoms of people in society, then moral norms determine their conduct and relations between each other and within family and social groups, thus promoting the execution of social contracts. Abiding by moral norms depends on every person's conscience, customs, rites and traditions of each people and social group. Depending on the degree of social morality's development, one can judge the level of the development of this or that people, this or that country. The higher the degree of societal morality, the better is the implementation of legal requirements. Besides, the level of societal morality's development is connected with the firmness and sustainability of state. If a state is strong and stable, with good laws functioning in it, then the moral level of society can also be high. Conversely, the weakness of state leads to the degradation of morality in society. The experience of the years of unrest in Tajikistan shows that, together with the weakening of the state's pillars, the level of crime rises, while the social conduct of people becomes more indecent and amoral. Such crisis periods and decline in living standards exert negative impact on societal morality. Morality reflects the spiritual level of society. It is the reflection of the degree of culture and the index of peace and stability of society, lifestyle and convictions of people in this or that country. The higher is the place of morality in society, the more safely its peace and progress are ensured. That is precisely why since time immemorial until our days morality has been paid much attention by politicians and scholars which have been making significant contribution to its development. The Great Imam also belongs to the ranks of these outstanding personalities.             Analysis of the issues of morality in the Great Imam's teaching shows that the sources of the ethical teaching of this notable Islamic jurist are the noble Koran and Prophet's hadiths, the wisdom and precepts of the Koran. It is said in the sacred Koran: "Indeed We have sent Our Messengers with clear proofs, and revealed with them the Scripture and the Balance (justice) that mankind may keep up justice" (surah al-Hadid (‘Iron'), ayat 25). Therefore, justice belongs to the most important norms of morality, since it brings into certain order relations between people and members of society in religious and laic affairs, puts their life on a firm ground and brings sincerity and truthfulness into their relations. The Koran clarifies good properties and decent behavior: "And surely, We have explained [Our Promises, Warnings and (set forth many) examples] in this Qur'an that they (the disbelievers) may take heed, but it increases them in naught save aversion" (sura al-Isra' (‘The Night Journey'), ayat 41).              Worthy morals and manners are described in numerous ayats (verses) of the sacred Koran, where Lord calls on the righteous to bide by laudable moral norms and duties: "Show forgiveness, enjoin what is good, and turn away from the foolish" (surah al-A'raf (‘The Heights'), ayat 199). All verses of the Divine word are filled with exhortations, admonitions and homilies of high morality. In other words, admonitions and precepts are the essence and wisdom of the religion of Islam. This moral imperative of the Koran found its reflection in Prophet's hadiths, as well. Hadiths embrace all moral aspects springing from the famous hadith, ‘Faith is exhortation'. In all his homilies, the Prophet touched upon the issues of morals, justice, mercy and love, equality and brotherhood, tolerance, relation to neighbors, old people and parents. A portion of these demands of the noblest Prophet may be summed up in the following manner: "O people! God the Most High has removed advantages of ones against others according to clan and tribe. You all were descended from Adam, and he was created from clay. The best of men is that who doesn't allow disobedience to Lord and keeps away from sin. A Muslim is brother to a Muslim. You all have similar blood. I declare that any false pride is groundless". The Prophet's personality is an edifying example of Islamic morals. The Prophet of Islam is, for all times and epochs, a unique specimen of honesty, truthfulness, reliability and adherence to word. The essence of high morality lies in that principles of decency, reliability, love, respect, responsibility, good conduct and faithfulness be observed in religion, sharia, everyday life, family, social and personal life alike. Those are the properties that were most brilliantly reflected in the life of the Prophet of Islam. This is testified to by numerous narrations and stories. Not only Prophet's homilies, but his very conduct and deeds are the greatest example of decent morals, which should be followed by every Muslim. These very sacred sources served as a basis for the ethical teaching, activities and life of the Great Imam.              To show the merits of the Great Imam in the development of morality, one should review the main provisions of his teaching. The most important topic, which occupies the leading position in the doctrine of the Great Imam, is the issue of justice. It is to remind that justice, being a main notion in the science of ethics, occupied a distinct place in teachings of ancient thinkers of both Greece and Persia, especially in faith of Persian people and their traditions.  In Abu Hanifa's teaching the issue was developed in connection with the codification of the Islamic fiqh (jurisprudence). While substantiating juridical issues and determining norms of sharia with the consideration of the requirements of justice springing from the precepts of the Koran and Prophet's hadiths, the main attention in Abu Hanifa's teaching was paid to the question of its observance. Justice is such a moral norm which determines social morals, policy of state and rulers, and fundamental human properties alike. Justice is both a moral norm and a criterion of all moral relations. Certainly, whenever the matter concerns with justice as applied to state and state policy, the notion finds its reflection in norms of laws and gains the force of law. Yet, in this case their observance depends on members of society and, to an extent, on their feeling of justice. That is why Abu Hanifa thought that the main condition of social justice should be the justice of rulers. While passing his judgments, he based on precepts of the holy Koran. In Koran, the notion of justice has a very ample meaning, yet, at the same time, the injunctions of Lord to this regard are very concrete. For instance, it is said in ayat 90 of surah al-Nahl (‘The Bees'): "Indeed, Allah commands justice, the doing of good, and liberality to kith and kin, and he forbids all shameful deeds, and injustice and rebellion: he instructs you, that you may receive admonition".              It follows from comments that the Great Imam and his disciples were sure that this verse to the most extent was related to society. Along with its social meaning, justice is also connected with the conduct of every man, particularly while selling goods. Since the relevant Arab word for justice has also the meaning of balance of scales, surah al-Mutaffifin (‘Those Who Deal In fraud') admonishes those who give less in measure and weight to their own benefit. It is stressed in the very first verses of the surah that "verily they will indeed enter and taste the burning flame of Hell". Although is a clear indication to sellers, the demand to observe justice also refers to all who practices fraud and deception. Those who today are occupied in or markets with fraud and cheating, and inflate prices, should know that Islam condemns them, and in the end they will sorely regret for their conduct. Abu Hanifa was not only opposed to inflating prices, condemning it in his teaching and fetwas (juridical judgments), but also demonstrated though his personal conduct that such acts could not be inherent in a worthy Muslim. Himself a merchant, Abu Hanifa priced all goods according to their real value. It happened one day that the goods he intended to sell had a defect, so he instructed his servant to warn buyers of the fact while selling the goods. But the servant forgot Abu Hanifa's instruction and sold the goods even at a higher price, not mentioning of the defect. On knowing of the incident, the Great Imam ordered to find the buyer and return him the difference in price.  But by that time the buyer had left Kufa for Medina, so Abu Hanifa himself followed him from Kufa to Medina to give back the excessive amount. Along with justice, the Great Imam singled out, in his teaching, three other main elements of the science of ethics, which were later fully described in books on ethics.             In his fiqh, Abu Hanifa gave a detailed review of justice and its forms, to wit social justice, individual justice and justice as a criterion of other deeds. Abu Hanifa's fiqh points out intermingled ties between moral and legal norms, considering their observation the necessary condition of human perfection. In Abu Hanifa's teaching, one can see inter-relation between law and morality, and according to it, human society cannot use properly either only moral or only legal values separately. In some cases even broaden the frameworks of the usage of moral norms. Justice is also connected with truth and truth-seeking. Truth, as a moral norm, is based on a certain system which points out rightness or wrongness, truth or lie, honesty, truthfulness and other moral criteria. In all times and epochs people have glorified verity and truth, and the Koran has it that "good and truthful words rise right to God".              In Islamic sharia, Abu Hanifa set aside an important place for verity and truth. Considering truth a criterion of juridical acts, he always aspired after truth in his conducts. When caliph Mansur demanded that he issue a fetwa concerning the punishment of Mawsul's family, Abu Hanifa proved him with all determination that the caliph had no right to do this. In spite of serious threats to his life, he did not conceal truth and stated it plainly. While constructing his juridical ethics, Abu Hanifa combined requirements of moral norms with provisions of legal ones. Inspired by this, later scholars created significant works, of which the impact is quite evident on followers of the Hanafi, as well other madhhabs, including the Shafi'i school. Being familiar with works of predecessors, Abu Hanifa used them in his fiqh. Along with ethical heritage of ancient Persia, Abu Hanifa was probably familiar with ethical works by Plato and Aristotle (although he did not mention their names directly anywhere), because towards the end of his life their works gained wide circulation in the caliphate, and, for example, Ibn Nadim cited forty ethical works in his "Register'. In the 11th century, due to the impact of Islamic fiqh and translations of ethical works of antiquity, further division of ethics-related subjects took place. Thus, in ‘Nasir's Ethics' by Nasur al-Din al-Tusi, the science of ethics was divided into three sections. The first section dealt with high morality and its formation. The second section dealt with ethics of family life and purity of family relations (probably, under the influence of the teaching of Abu Hanifa, in whose ethical works the subject of household management was discussed). And, ultimately, the third section dealt with morals of rulers and heads of state, that is, the ethics of state management.              Morality in personal life, as well as in life of family, society and state serves as a basis of Abu Hanifa's ethical teaching, which, being connected with the essence of man and his freedom of choice, determines the highest degree of human qualities — the rational essence — and relies in this on precepts of the Koran concerning virtues of man and his superiority over other creatures.  Although human morals depend on divine predestination and providence, Abu Hanifa pointed out the possibility of moral upbringing and moral perfection of man. Evil or good aspects of human morality depend on ambience and activities of man. In Hanafi ethical works and fiqh the much discussed aspect of statesmanship ethics is ruler's concern for his subjects. Reaching happiness is the aim of moral activity. Later on, gaining happiness became one of important ethical topics in works of great representatives of Tajik science and literature. Many works have been dedicated to the subject, including ‘The Book of Precepts Concerning the Road to Happiness' by Farabi and ‘Exhortations and Admonitions' by Ibn Sina. Beginning from the 9th century through present day classical Tajik-Persian literature has been constantly addressing ethical issues. The process was initiated by Abu Hanifa's fiqh. Not only did Abu Hanifa expressed his ethical views while discussing juridical issues, but he also wrote special books of precepts, which were dedicated to observing justice and honesty, and studying sciences. His precepts not only touch upon personal or individual life of people, but also embrace other aspects of social life. In these precepts, Abu Hanifa's ethical ideas are expressed in such a manner that they exert deep impact on people through their instructiveness. They remain topical in all times and epochs, and may serve as a guide in individual and societal life.             In precepts for Abu Yusuf Ya'qub bin Ibrahim, who for a long time was caliphate's religious judge, interesting ideas are expressed concerning man's relations with ruler, people, wife and family, as well as piety and moral norms. In precepts for Yusuf bin Khalid Samti, relations with friends and culture of communication and conducting arguments are mainly discussed. One of important topics are relations with followers of other faiths. In this connection, Abu Hanifa emphasizes that one should establish good relations with adherents of other religions, living in peace with them. In all his books of precepts the Great Imam pays much attention to the studying of sciences.             In precepts for Abu Yusuf, much attention is paid to relations with ruler. Here, one may find some important provisions determining the basics of such relations: not to tell lie in front of king, refrain from frequently visiting him, avoid verbosity, respect yourself and others, keep distance from courtiers as long as you are at king's service. It follows from this that Abu Hanifa paid much attention to country governance, perfecting of statesmen and decent conduct, because he did not want a leader to digress on extraneous subjects, waste his time in vain, be ignorant in important issues of statehood or follow wrong path under the impact of lie. Along with other moral norms, he also mentions right deeds and conduct, benevolent relations between people within society, concern for children and old folks. Mercy and love are virtuous qualities of man and Muslim, because the Prophet prescribed: "He who does not respect our elders and does not show mercy towards children, does not belong to us". This hadith found its reflection in ethical ideas of Abu Hanifa, and particularly in his precepts.              In what regards ethics, the precepts of the Great Imam deal with society, family and each individual alike. If we want a deeper understanding of Abu Hanifa's ethical teaching, we should turn to, firstly, invaluable works of this genius of religion and nation, and, secondly, historical sources and heritage of his disciples and contemporaries. In this connection, it is apt to discuss the issues of good, evil and happiness, as well as the issues of family and family life, which are related to morality and clarify it. It is known that in human society one type of deeds is considered a good one, while another type is seen as a bad one. Abu Hanifa gave definition of good and evil from the point of view of Islamic sharia, according to norms of Islam. He connected bad and right with the notions of good and evil, and developed the notion of evil, trying to preserve people from it. Basing on his conviction that good and evil depend on divine predestination, he recognized the responsibility of man within the limits of his freedom of will. He taught that in the beginning, one should tell good from evil, and then try to commit good deeds, so that man could decorate himself with good acts and intentions, avoiding evil conduct.               Much of this teaching is still necessary even today for the moral upbringing of society. Solution of social problems in the light of this ethical teaching will ensure the development of society, while adherence to it will spare our society its currently existing difficulties.               In Tajikistan, which is passing through the stage of cultural renovation and moving along the path to building civil society, the strengthening of societal morality is a strategic question. The societal morality of modern society and its development towards democratic civil society embrace those questions which in future will inevitably determine the spiritual image of the republic. Those are, first of all, the questions of implementing personal freedoms, pluralism, synthesis of elements of modern morality and ethical traditions, development of principles of concord and tolerance, rejection of all forms of pressure and violence. These questions determine moral norms of individual and social groups, ensuring the implementation of principles of respect and brotherhood in society. Has our modern society accomplished much of significant work in this direction? No doubt, certain important steps in this field have been taken. Thus, we have adopted codes regulating freedoms and free activity of citizens, laws aimed at social protection of population, as well as programs now in the process of implementation in the fields of education and culture, which helps raise the level of social morals and strengthen unity and consolidation of society. As an example, we may cite the reforming of education, which plays a significant role in introducing new methods of teaching and raising the quality of education and moral upbringing. Thanks to the development of modern culture, many cultural traditions and values have been revived in Tajikistan, which have undergone synthesis with elements of modern culture and become an important means to propagate high morality. In moral upbringing of society, three elements are of vital importance nowadays, to wit, rule of law (conformity of all actions of man with requirements of law), the principle ‘law is one for all' (including for government and citizen) and responsibility of state for creating favorable ambience for people. Much work has been already done to introduce these principles into society. Today we are witnessing the free activity, in the republic, of eight parties and approximately 1.5 thousand public organizations. Their fruitful activities have been ensured, with all pressing questions of societal life being discussed by parties and movements within the Public Council of Tajikistan. Thanks to their activities, elements of democratic society's morality are being strengthened and developed in Tajikistan. The attention paid by society to the moral upbringing, particularly of youth, will help amplify the impact of high moral principles on various social layers and improve the moral image of our society as a democratic one. The propagation of modern morals in combination with traditions of national morality is aimed at giving a totally new impetus to the activities of social groups, individuals and society as a whole. To conclude the subject, I must note that in modern society, including Tajikistan, we see a certain corruption of morality. No doubt, in the countries suffering from numerous economic difficulties, their citizens face with various problems. Therefore, the task of state and society is to create more favorable conditions, provide with ethically grounded ways of ensuring life of all members of society and moral upbringing in family, school and society as a whole. It is necessary to raise the role of family in the upbringing of child, improving the quality of education and, consequently, development of morals. Although many heads of family are well-to-do men, they pay little attention to the upbringing of children and have no close ties with school. As a result, their children do not receive full-fledged education.              Calling for pure relations in family, Abu Hanifa points out particularly the significant role of wife, respect for father and husband, and correct upbringing of children. He stresses that family should be based on mutual understanding and respect for each other. Having substantiated duties of wife and husband, parents and children from the point of view of sharia, he codified family relations. His fiqh determined the order of nuptials, divorce and inheritance, as well as rights of each member of family, which for centuries have been basic requirements to family life.               One of main points in the teaching of the Great Imam deals with family rights. In current family relations of our people, we see the influence of Abu Hanifa's principles, which in some cases even help implement the Family Code of the Republic of Tajikistan. That Code not only includes the legal norms adopted under the influence of internationally recognized legal norms, but also takes into consideration the spirit and content of our people's religious traditions.              According to Abu Hanifa's teaching, morality, or ethical system, consists of mandatory morality (moral principles), descriptive morality and theoretical morality. Mandatory morality means recognizing conduct as being either right or wrong. This kind of morality is substantiated in Abu Hanifa's fiqh.  Mandatory morality is, first of all, that popular perception of whether this or that act is good or wrong, which is taken into consideration in the description of morals. Theoretical morality deals mainly with judgments and notions related to moral norms. Giving assessment of these provisions in his juridical works, Abu Hanifa determined moral virtues from the point of view of Islamic sharia and with consideration of popular judgments on good or bad conduct. In this sense, people's traditions serve as a source of juridical judgments and a basis for the evaluation of many human deeds. Indeed, people have their own correct judgments on whether this or that act is good or bad. The source of good or bad moral norms lies in human nature and has no need in additional interpretations and proofs.               Good morals and right conduct have been valued in all times and epochs, since they are the criteria by which humankind can be judged on, and no type of civilization can change it. In other words, it is precisely morals that distinguish humans from other creatures, although men possess other advantages, including intellect and language. Precisely morals are the most distinctive peculiarity of men. The civilized society we are building now should possess such a morality that could decorate it. Therefore we must perfection our moral traditions, ensure their mastering by all members of society and fully introduce norms of universal human morality into our life. Our society as a whole possesses good moral qualities, yet they are not peculiar to acts and conduct of every single member of society. One may find persons among youth who commit indecent deeds, thereby doing harm to society and creating an unwholesome atmosphere around them. Of course, some such deeds are given assessment by legal norms, but in any case morality must occupy main place in relations between people. There are such norms and deeds that are assessed from the point of view of humaneness, not legal criteria, and they are developed or corrected by society through the propagation of high morality. In this regard, of great use would be the studying and propagation of ethical ideas of our ancestors.             In fiqh of wise Abu Hanifa justice is related to human perfectness, while tyranny is declared a sign of defective morality. Therefore, the accent is made on the prohibition of tyranny and suppression of rights of others. Abu Hanifa stresses that the good of justice and the evil of oppression spring from one natural sources and belong to the realm of conscience. The idea of Abu Hanifa was later developed in the science of ethics and found its reflection in the development of a ethical theory common to all humankind.              To Abu Hanifa's mind, the Shaper lays grounds of perfectness and happiness in the character and heart of man, so that they become the factor of his moral perfection, with reason determining the acts of humans according to these natural guidelines. On seeing both virtues and drawbacks in the mirror of his nature, man draws difference between them and therefore considers justice, honesty, nobility to be embodiment of good. In this case one may single out peculiarities of the factor that was pointed out by the Great Imam. Genuine moral deeds are not connected with a concrete time and place, national or racial belonging, but bear a universal character.              The Hanafi fiqh sets before husband and wife certain terms, which include concord between the two parties, respect for each other, upbringing of healthy children, love, chastity, purity and distribution of duties between husband and wife. Among the duties of wife are home works, chastity and purity of relations, refraining from quarreling with husband, educating children and affable intercourse with husband. For his part, husband should show respect for wife, not offend her causelessly and always demonstrate his love and kindness toward her. The observation of these requirements makes family very firm.     Islamic religion, moderate in itself, rejects monasticism, which presupposes the withdrawal from the world and evasion from family life. Recognizing marriage as a tradition, it condemns extramarital liaisons between man and woman. The most important issue is the upbringing of children. Abu Hanifa's works, his exhortations and precepts are the best guide in this field.               If we look at the question through the prism of Abu Hanifa's teaching, we'll see numerous drawbacks and shortcomings in the way modern families bring up their children. We may cite as an example Abu Hanifa's opinion that one should not waste time in vain and get used to precious garments. Today young students have got so accustomed to wearing inappropriate clothes and hanging up golden trifles on themselves, that the Ministry of Education has had to adopt a special decision to put an end to this. Anything that weakens young people's interest in reading and learning, may develop their propensity for foppishness and luxury, driving them to indecent deeds. The question of education, teaching and upbringing is today one of priorities in the republic. The Government pays much attention to the development of education and constantly increases its funding. Multiple measures are being taken to improve the quality of education, raise the degree of learning, ensure that youth be occupied with mastering new professions and school conform to modern international standards of education.              Recognizing unbreakable ties between religion and morality, Abu Hanifa deemed it necessary to bring up virtues and good conduct in man.  Religion not only develops good qualities, but also admonishes against bad ones. For example, ayats 151-153 of surah al-An'am (‘The Cattle') as a matter of fact set up ten moral principles: "Come, I will recite what your Lord has prohibited you from: 1) Join not anything in worship with Him; 2) be good and dutiful to your parents; 3) kill not your children because of poverty — We provide sustenance for you and for them; 4) come not near to shameful sins, whether committed openly or secretly, 5) and kill not anyone whom Allah has forbidden, except for a just cause (according to Islamic law). This He has commanded you that you may understand. 6) And come not near to the orphan's property, except to improve it, until he (or she) attains the age of full strength; 7) and give full measure and full weight with justice. 8) We burden not any person, but that which he can bear. 9) And whenever you give your word, say the truth, 10) and fulfill the Covenant of Allah". These ten moral commandments of the Koran are the basis of the ethical theory and practice of the Great Imam's tolerant madhhab. He himself observed them and called on others to do the same.              Since the propensity for possessing property is an inborn quality, it is not considered illegal in the Hanafi fiqh, because labor, profession and sane activity should be remunerated, and the wealth obtained honestly is called justly acquired one. At the same time, this fiqh admonishes against greed, dishonest enrichment and usury. Abu Hanifa's juridical works bring clarity into the question that man and society should not yield to passions and aspire for hoarding, because in this case society will face with moral degradation.       Contrarily, lofty aspirations and hopes of man lead society toward elevated humanistic values, bring purity and peace into it and thereby ensure its development. In this regard, one may say that religion plays a significant part in the invigoration of social morals, because it prophesies from the heights that are guidelines for believers and helps them find lofty moral values. Human intellect and nature are capable to cognize many moral values of man, but this road is very difficult and filled with doubts and disbelief, so but a few can perceive its essence. That is why precisely a highly moral teaching awakens man's aspiration to gain moral values. If one perceives the ethical teaching reflected in the Hanafi fiqh of Abu Hanifa, one will see its magnificence.  Whenever we need to find out whether a deed is right or wrong, we'll easily find the answer in the Hanafi fiqh. The teaching of the Hanafi fiqh considers the distinguishing between good and evil the matter of reason and conscience, and bases precisely on conscience while passing judgments on the two. That is why conscience in its interpretation is a certain method of moral cognizance.              In the Tajik society, the freedom of conscience, which in itself is one of moral values, is protected by law, as well as other freedoms won by man. In legal sense, the freedom of conscience, which, first of all, means the freedom of religious and other convictions, is fully guaranteed in this country. The recently adopted new law on the freedom of conscience provided all necessary conditions for believers and their full-fledged development, broadening the opportunities for worshiping and religious education. Every citizen is absolutely free in choosing a faith and observing religious rites, and state guarantees the protection of his rights. The Law ‘On the Freedom of Conscience and Religious Associations' correspond to international criteria of the freedom of conscience and reflects all commitments taken by Tajikistan after signing relevant international documents. An important peculiarity of the law is the connection of its norms with those moral values that reflect the morality and ethics of the Tajik people.              Societal morality is the question that surpasses the limits of a nation and a state, acquiring a universal human character and not confining moral values within purely human limits. It embraces, on one hand, the conduct and deeds of each member of society and every group of a nation, and on the other hand, those values that determine the conduct of humankind as a whole. Yet the tasks of each individual, people, nation or state are concrete. Today, the task of our nation lies in its moral perfecting on the grounds of national and religious values of the Tajik people, as well as universal human values. Its implementation will help strengthen justice, mutual understanding, tolerance and peace in our society.                                                             Translated by NIAT "Khovar"