I have been seeing anti and pro posts/ comments of a campaign "Mera Jism, Meri Marzi" in recent days. Following is an honest try to clarify concept of ownership according to Law/ Islam and Ethics.
The creator of universe and its creatures is God. Ownership—in its ethico-legal and historical manifestations, reflects the importance of being a politico-economic institution. In the process of its development, it includes various heterogeneous elements of different systems of ownership. With the growth of the Ummah, the principles of laws of ownership represent and embody the relations, rights and duties to form the general law of obligations at the state as well as individual level. This is the case of economic and legal theory, regarding the
ownership of land with implicative infrastructure to build social welfare institutions of Islam.
It is generally and basically have been ordained that according to the teachings of Islam, Real ownership belongs to Allah Almighty. Man being the vicegerent holds property in trust for which he is accountable to him in accordance
with the clearly laid down economic philosophy of Islam. Ownership of man is a concept alien to Islam as it belongs to Allah Almighty only.
The Holy Qur’ān says:
Behold, thy Lord said to the angels: “I will create A vicegerent on earth”.
They said: “Wilt Thou place therein one who will make Mischief therein and shed blood?–
Whilst we do celebrate Thy praises And glorify the thy holy (name)?”
He said: “I know what ye know not”. (Sūrah al-Baqarah v. 30).
It is He Who hath made You (His) agents, inheritors Of the earth: He hath raised You in ranks, some above Others: that he may try you In the gifts He hath given you:
For thy Lord is quick In Punishment: Yet He Is indeed Oft-forgiving, Most Merciful. (Sūrah al-An‘ām v. 165).
The fundamentals represented are in the legal rights of private ownership, its protection, and the conditions it entails upon the ownership to establish social justice, economic equilibrium, and security of the human labour. To make it more responsive, flexible and efficient in contributing to economic growth and alleviation of poverty, all schools of fiqh are unanimous that ownership is a perpetual human action, which rests on the assumption of owner’s inalienable right over his property. However, land ownership with some regulations to limit its character, is neither absolute nor unconditional in Islam. As land is God’s and it has no possessor among human beings because the earth is God’s and He has to give it as a Heritage to such of His servants, the vicegerents—the trustees. This concept has been explained in Sūrah- al Rā’ad v. 4, Sūrah al-Hajj v. 19, Sūrah al-Rehman vv. 10-13; where as the verses 53-54 of Sūrah al-Ta Ha says:
He who has made for you the earth like a carpet spread out; has enabled you to go about therein by roads (and channels). Eat (for yourselves) and pasture your cattle; verily in this are signs for men with Endued with understanding. (vv. 53–54).
Here are some beautiful verses from the Holy Quran on the creation of the Earth and its beauty.
1 – Surat Luqman: “Do you not see that Allah (swt) has made what is in the heaven and Earth subservient to you and made complete to you His favours outwardly and inwardly?” [31:20]
2 – Surat Al-Teen: “We have indeed created man in the best of moulds.” [95:4]
3 – Surat Al-Sajdah: “He Who created all things in the best way and He began the creation of man from clay.” [32:7]
4 – Surat Aale Imran: “And to Allah belongs the dominion of the Heaven and Earth, and Allah is over all things. Indeed, in the creation of the heavens and earth, and the alternation of the night and the day are signs for those of understanding.” [189-90]
5 – Surat Al-Roum: “Devote thyself single-mindedly to the faith, and thus follow the nature designed by Allah, the nature according to which He has fashioned mankind; there is no altering the creation of Allah.” [30:30]
6 – Surat Al-An’am: “And there is no animal that walks upon the Earth nor a bird that flies with its two wings but they are like yourselves; We have not neglected anything in the book, and then to their Lord shall they be gathered.” [6:38]
7 – Surat Luqman: “He created the heavens without pillars as you see them, and put mountains upon the Earth lest it might convulse with you, and H e spread it with animals of all kinds; and We sent down water from the clouds, then caused to grow therein (vegetation) of every noble kind.” [31:10]
8 – Surat Qaf: “And the Earth, We spread it out, and cast therein firmly set mountains and We have made to grow therein of all beautiful kinds; to give sight and as a reminder to every servant who turns to Allah.” [50:7-8]
9 – Surat Al-Raad: “And it is He who spread the Earth and made in it firm mountains and rivers, and of all fruits, he has made in it two kinds; He makes the night cover the day; most surely there are signs in this for a people who reflect.” [13:3]
10 – Surat Al-Raad: “It is He who shows you the lightning, causing fear and hope and who brings up the heavy cloud. And the thunder declares His glory and His praise, and the angels too for awe of Him; and He sends them thunderbolts and smites with them whom He pleases, yet they dispute concerning Allah, and He is mighty in prowess.” [13:13-14]
11 – Surat Al-Anbiyya: “Have those who disbelieved not considered that the heavens and the Earth were a joined entity, and we separated them and made from water every living thing? Then will they not believe?” [21:30]
12 – Surat Al-Anbiyya: “And We made the sky a protected ceiling, but they, from its signs, are turning away.” [21:32]
13 – Surat Al-Nahl: “He causes to grow for you thereby herbage, and the olives, and the palm trees, and the grapes, and of all the fruits; most surely there is a sign in this for a people who reflect.” [16:11]
14 – Surat Al-Nahl: “And he has made subservient for you the night and the day and the sun and the moon, and the stars are made subservient by his commandment; most surely there are signs in this for a people who ponder.” [16:12]
15 – Surat Al-Nahl: “Eat of all the fruits and walk in the ways of your lord submissively. there comes forth from within it a beverage of many colours, in which there is healing for men; most surely there is a sign in this (life of bees) for a people who reflect.” [16:69]
16 – Surat Al-An’am: “And it is He who sends down rain from the sky, and We produce thereby the growth of all things. We produce from it greenery from which We produce grains arranged in layers. And from the palm trees – of its emerging fruit are clusters hanging low. And [We produce] gardens of grapevines and olives and pomegranates, similar yet varied. Look at [each of] its fruit when it yields and [at] its ripening. Indeed in that are signs for a people who believe.” [6:99]
17 – Surat Ghaafir: “It is Allah Who has made for you the earth as a resting place, and the sky as a canopy, and has given you shape and made your shapes beautiful and has provided for you sustenance.” [40:64]
18 – Surat Al-Hijr: “And the Earth; we have spread it forth and made in it firm mountains and caused to grow in it every suitable thing.” [15:19]
From above debate, we conclude that the earth belongs to Almighty Allah, Humans are His creation and earth along with its creatures is given to Humans as an Amanat. This is the basic fundamental foundation of Legal/ Constututional structure around the globe (Muslim/ Christianity/ Jewish etc)
The human life is a beautiful gift of Almughty Allah and that's why killing of human life is strictly prohibited in all religions and damaging human life is considered the most sinful act. Human body belongs to Almighty Allah - the creator of every thing.
"Mera Jism - Kiski Marzi" ?
هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ ۗ
"They (your wives) are a clothing (covering) for you and you too are a clothing (covering) for them." (Surah 2, Verse187)
يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً ۚ وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ ۚ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا
"O' mankind! Have consciousness of your Lord who has created you from a single soul. From it He created your spouse and through them He populated the land with many men and women. Have spiritual awareness of the One by whose Name you swear to settle your differences and have respect for the wombs that bore you. Without doubt, Allah (SwT) keeps watch over you all."(Surah 4, Verse 1)
وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ
"And one of His signs is that He has created for you, spouses from amongst yourselves so that you might take comfort in them and He has placed between you, love and mercy. In this there is surely evidence (of the truth) for the people who carefully think." (Surah 30, Verse 21)
Holy Quran is a complete code of Life and I further suggest all readers to recite Sura Nissa for more guidance in this regard.
