Indonesian Scholars Issue Fatwa Against Wildlife Trafficking

Indonesian Scholars Issue Fatwa Against Wildlife Trafficking

by Sheila Musaji


A number of sites have reported on this important development.  National Geographic reports that, Hayu Prabowo, chair of the Council of Ulama’s environment and natural resources body said:  ”...  that the fatwa applies not only to individuals but also to the government, noting that corruption can be an issue when wildlife, forests, and the interests of such industries as the oil palm business come into conflict.  The fatwa specifically calls upon the government to review permits issued to companies that harm the environment and to take measures to conserve endangered species.”

The following is the first three pages of the fatwa, and the full text of the 15-page fatwa is available on the National Geographic site here.

FATWA THE INDONESIAN COUNCIL OF ULAMA
Number 04/2014
On PROTECTION OF ENDANGERED SPECIES TO MAINTAIN THE BALANCED ECOSYSTEMS

The Indonesian Council of Ulama, Fatwa Commission, here after:
CONSIDERING:
a. That nowadays many endangered species such as tigers, rhinos,
elephants, and orangutans as well as various types of mammals,
aves and reptiles, are on the brink of extinction due to human
actions;
b. That human is created by God as a vicegerent on earth (khalifah
fi al-ardl) who carry out the mandate and is responsible for the
prosperity of all creatures;
c. That all living organisms, including endangered species such as
tigers, rhinos, elephants and orangutans as well as various
types of mammals, aves and reptiles, are created by Allah in
order to maintain the balanced ecosystem and subjugated to
the interests of sustainable human welfare (maslaha ‘amma);
d. That therefore human must protect and preserve the balanced of
the ecosystem so as not to cause damage (mafsadah);
e. That based on points a, b, c and d MUI Fatwa Commission
needs to enact a fatwa/legal opinion on the conservation of
endangered species to maintain the balancedof the ecosystem
to be used as guiding principles.

IN VIEW OF:

1. The Verses of Al-Qur’an
a. Word of Allah SWT commands to do good deed (Ihsan)
to all creatures including for endangered species

‫ﻭﻣﺎ ﻣﻦ ﺩﺁﺑﱠﺔ ﻓِﻲ ﺍﻷَﺭْ ﺽ ﻭﻻَ ﻁَﺎﺋِﺮ ﻳَﻄﻴﺮ ﺑِﺠﻨَﺎﺣﻴﻪ ﺇِﻻﱠ ﺃُﻣﻢ‬
ٍ َ ِ َ َ
ٌَ
َِْ َ ُ ِ ٍ
َ ِ
ْ
‫ﺃَﻣﺜَﺎﻟُﻜﻢ ﻣﺎ ﻓَﺮﱠﻁﻨَﺎ ﻓِﻲ ﺍﻟﻜﺘَﺎﺏ ﻣﻦ ﺷﻲء ﺛُﻢ ﺇِﻟَﻰ ﺭﺑﱢﻬﻢ‬
ِْ َ
‫ِ ِ ِ َ ْ ٍ ﱠ‬
‫ْ ُ ﱠ‬
‫ﻳُﺤْ ﺸﺮُﻭﻥ‬
َ َ
“There is not an animal (that lives) on the earth nor a being that
flies on its wings, but (forms part of) communities like you.
Nothing have we omitted from the Book, and they (all) shall be
gathered to their Lord in the end”
(QS. Al-An’am [6] :38)

‫ﻟﹶﺎ ﺗَﻨﺲ ﻧَﺼﻴﺒَﻚ ﻣﻦ‬‫ﻭﺍﺑﺘَﻎ ﻓِﻴﻤﺎ ﺁﺗَﺎﻙ ﷲُ ﺍﻟﺪﺍﺭ ﺍﻵﺧﺮﺓَ ﻭ‬
َ ِ َ ِ َ
َ ِ ْ َ ‫َ ﱠ ﱠ‬
َ ِ ْ َ
‫َ َ ﱠ‬
ََ َ
‫ﺍﻟﺪﻧﻴَﺎ ﻭﺃَﺣْ ﺴﻦ ﻛﻤﺎ ﺃَﺣْ ﺴﻦ ﷲُ ﺇِﻟَﻴْﻚ ﻭﻻ ﺗَﺒْﻎ ﺍﻟﻔَﺴﺎﺩ ﻓِﻲ‬
َ َ ْ ِ
َ َ ِ َ ْ‫ﱡ‬
ْ
‫ﺍﻷَﺭْ ﺽ ﺇِﻥ ﷲَ ﻻ ﻳُﺤﺐﱡ ﺍﻟﻤﻔﺴﺪﻳﻦ‬
َ ِ ِ ُْْ ِ َ ‫ِ ﱠ ﱠ‬
“But seek, with the (wealth) which Allah has bestowed on thee,
the Home of the Hereafter, nor forget thy portion in this world:

but do thou good, as Allah has been good to thee, and seek not
(occasions for) mischief in the land: for Allah loves not those
who do mischief”. (QS. Al-Qasas [28]: 77)
b. Word of Allah affirms that Allah has made and
subjecting Allah’s creation for the benefit to human life,
such as:

‫ْ َ ْ ﱠ‬
‫ﺃَﻟَﻢ ﺗَﺮﻭﺍ ﺃَﻥ ﷲَ ﺳﺨﺮ ﻟَﻜﻢ ﻣﺎﻓِﻲ ﺍﻟﺴﻤﺎﻭﺍﺕ ﻭﻣﺎﻓِﻲ ْﺍﻷَﺭْ ﺽ‬
‫َ ﱠ َ ُ ﱠ‬
َ َ ِ َ َ‫ﱠ‬
ِ
...ً‫ﻭﺃَﺳﺒَﻎ ﻋﻠَﻴﻜﻢ ﻧِﻌﻤﻪُ ﻅَﺎﻫﺮﺓً ﻭﺑَﺎﻁﻨَﺔ‬
ِ َ َ ِ
َ َ ُْْ َ َ ْ َ
“Do you not see that Allah has subjected to your (use) all things
in the heavens and on earth, and has made His bounties flow to
you in exceeding measure, (both) seen and unseen?”
(QS. Luqman [31]: 20)

‫ﻫُﻮ ﺍﻟﱠﺬﻱ ﺧﻠَﻖ ﻟَﻜﻢ ﻣﺎ ﻓِﻲ ﺍﻷَﺭْ ﺽ ﺟﻤﻴﻌًﺎ‬
ِ َ ِ
‫َ ِ َ َ ُ ﱠ‬
“It is He Who hath created for you all things that are on earth”
(QS. Al-Baqarah[2] :29)

ْ َ ِ
‫ﱠ‬
‫ﺇِﻥ ﻓِﻲ ﺧ ْﻠﻖ ﺍﻟﺴﻤﺎﻭﺍﺕ ﻭﺍﻷَﺭْ ﺽ ﻭﺍﺧﺘِﻼَﻑ ﺍﻟﻠﱠﻴﻞ ﻭﺍﻟﻨﱠﻬَﺎﺭ‬
َ ِ ْ ِ
َ ِ َ َ‫َ ِ ﱠ‬
ِ
‫ﻭﺍﻟﻔُ ْﻠﻚ ﺍﻟﱠﺘِﻲ ﺗَﺠْ ﺮﻱ ﻓِﻲ ﺍﻟﺒَﺤْ ﺮ ﺑِﻤﺎ ﻳَﻨﻔَﻊ ﺍﻟﻨﱠﺎﺱ ﻭﻣﺎ ﺃَﻧﺰﻝ‬
ُ
َ َ َ َ َ
ِ ْ َ
َ ِ ْ
ِ
‫َ ﱠ‬
‫ﷲُ ﻣﻦ ﺍﻟﺴﻤﺎء ﻣﻦ ﻣﺎء ﻓَﺄَﺣْ ﻴَﺎ ﺑِﻪ ﺍﻷﺭْ ﺽ ﺑَﻌﺪ ﻣﻮﺗِﻬَﺎ ﻭﺑَﺚ‬
َْ َْ َ
ِ
‫ّ ِ َ ﱠَ ِ ِ ﱠ‬
‫ﻓِﻴﻬَﺎ ﻣﻦ ﻛﻞ ﺩﺁﺑﱠﺔ ﻭﺗَﺼْ ﺮﻳﻒ ﺍﻟﺮﱢ ﻳَﺎﺡ ﻭﺍﻟﺴﺤﺎﺏ ﺍﻟﻤﺴﺨﺮ‬
ِ ِ
َ ٍ َ ‫ِ ُ ﱢ‬
ِ ‫ِ َ ﱠ َ ِ ُْ َ ﱢ‬
‫ﺑَﻴْﻦ ﺍﻟﺴﻤﺎء ﻭﺍﻷَﺭْ ﺽ ﻵﻳَﺎﺕ ﻟﱢﻘَﻮﻡ ﻳَﻌﻘِﻠُﻮﻥ‬
َ ْ ٍْ ٍ
َ َ‫َ ﱠ‬
ِ

“Behold! in the creation of the heavens and the earth; in the
alternation of the night and the day; in the sailing of the ships
through the ocean for the profit of mankind; in the rain which
Allah sends down from the skies, and the life which He gives
therewith to an earth that is dead; in the beasts of all kinds that
He scatters through the earth; in the change of the winds, and
the clouds which they Trail like their slaves between the sky and
the earth;- (Here) indeed are Signs for a people that are wise”.
(QS. Al-Baqarah [2:] 164)

c. Word of Allah SWT assigns human as the caliph to bring
prosperity and maintainance of balanced ecosystem,
among other things:

ْ
َ ِ
ٌ ِ َ
‫ﻭﺇِﺫ ﻗَﺎﻝ ﺭﺑﱡﻚ ﻟِ ْﻠﻤﻼَﺋِﻜﺔ ﺇِﻧﱢﻲ ﺟﺎﻋﻞ ﻓِﻲ ﺍﻷَﺭْ ﺽ ﺧﻠِﻴﻔَﺔً ﻗَﺎﻟُﻮﺍ‬
ِ َ َ َ َ َ ْ َ
ُِ ْ َ
‫ﺃَﺗَﺠْ ﻌﻞ ﻓِﻴﻬَﺎ ﻣﻦ ﻳُﻔﺴﺪ ﻓِﻴﻬَﺎ ﻭﻳَﺴﻔِﻚ ﺍﻟﺪﻣﺎء ﻭﻧَﺤْ ﻦ ﻧُﺴﺒﱢﺢ‬
ُ َ ُ َ َ‫َ ْ ُ ﱢ‬
ُ َ
‫َ ِْ َ َ ﱢ‬
‫ﺑِﺤﻤﺪﻙ ﻭﻧُﻘَﺪﺱُ ﻟَﻚ ﻗَﺎﻝ ﺇِﻧﱢﻲ ﺃَﻋﻠَﻢ ﻣﺎ ﻻَ ﺗَﻌﻠَﻤﻮﻥ‬
َ ُ ْ
َ َ
َ ُ ْ

“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 Thy holy (name)?” He said: “I know
what ye know not”. (QS. Al-Baqarah [2]: 30)

َ ُْ َ َ ِ َ َ
‫ﻭﻫُﻮ ﺍﻟﱠﺬﻱ ﺟﻌﻠَﻜﻢ ﺧﻼَﺋِﻒ ﺍﻷَﺭْ ﺽ ﻭﺭﻓَﻊ ﺑَﻌْﻀﻜﻢ ﻓَﻮﻕ‬
َ ْ ُْ َ
َ
َ َ َ ِ
‫ﺑَﻌْﺾ ﺩﺭﺟﺎﺕ ﻟﱢﻴَﺒﻠُﻮﻛﻢ ﻓِﻲ ﻣﺎ ﺁﺗَﺎﻛﻢ ﺇِﻥ ﺭﺑﱠﻚ ﺳﺮﻳﻊ ﺍﻟﻌﻘَﺎﺏ‬
ُْ َ ْ ٍ َ َ َ ٍ
ِ ِْ ُ ِ َ َ َ ‫ُْ ﱠ‬
َ
‫ﻭﺇِﻧﱠﻪُ ﻟَﻐﻔُﻮﺭ ﺭﱠﺣﻴﻢ‬
ٌ ِ ٌ َ
َ

“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”.
(QS. al-An’am[6]: 165)

d. Word of Allah SWT affirms that all human being were
created by Allah has benefit including the endangered
species, such as:

ّ َ ُ ْ َ ِ
‫ﺍﻟﱠﺬﻳﻦ ﻳَﺬﻛﺮُﻭﻥ ﷲَ ﻗِﻴَﺎﻣﺎ ً ﻭﻗُﻌُﻮﺩﺍً ﻭﻋﻠَﻰ ﺟﻨُﻮﺑِﻬﻢ ﻭﻳَﺘَﻔَﻜﺮُﻭﻥ‬
َ ‫َ َ َ ُ ِْ َ ﱠ‬
َ
ً‫ﻓِﻲ ﺧ ْﻠﻖ ﺍﻟﺴﻤﺎﻭﺍﺕ ﻭﺍﻷَﺭْ ﺽ ﺭﺑﱠﻨَﺎ ﻣﺎ ﺧﻠَﻘﺖ ﻫَﺬﺍ ﺑَﺎﻁﻼ‬
َ ْ َ َ َ ِ
ِ
َ ِ َ َ‫َ ِ ﱠ‬
‫ﺳﺒﺤﺎﻧَﻚ ﻓَﻘِﻨَﺎ ﻋﺬﺍﺏ ﺍﻟﻨﱠﺎﺭ‬
َ َ ُْ
َ ََ
ِ

“Men who celebrate the praises of Allah, Standing, sitting, and
lying down on their sides, and contemplate The (wonders ot)
creation in the heavens and the earth, (With the thought): “Our
Lord! not for naught Hast Thou created (all) this! Glory to
Thee! Give us salvation from the Penalty of the Fire”.
(QS. Ali Imran [3]:191)

e. Word of Allah prohibits to mischief on the earth,
including the endangered species, such as:

ُ ِ ْ َ
...‫ﻭﻻَﺗُﻔﺴﺪﻭﺍ ﻓِﻲ ْﺍﻷَﺭْ ﺽ ﺑَﻌﺪ ﺇِﺻْ ﻼَﺣﻬَﺎ‬
َْ ِ
ِ
” Do not mischief on the earth, after (Allah) it hath been set in
order. (QS. Al-A’raf: 56)”

‫ﻛﻠُﻮﺍ ﻭﺍﺷﺮﺑُﻮﺍ ﻣﻦ ﺭﱢﺯﻕ ﷲِ ﻭﻻَ ﺗَﻌﺜَﻮ ْﺍ ﻓِﻲ ﺍﻷَﺭْ ﺽ‬
ْ ْ َ ‫ْ ِ ﱠ‬
ِ ْ َ ْ َ ْ ُ
ِ
‫ﻣﻔﺴﺪﻳﻦ‬
َ ِ ِ ُْ
Eat and drink of the sustenance provided by Allah, and do no
evil nor mischief on the (face of the) earth. (QS. Al-Baqarah
[2]:60)

ْ
ْ َ
َ ْ ََ
‫ﻭﻻ ﺗَﺒﺨﺴُﻮﺍ ﺍﻟﻨﱠﺎﺱ ﺃَﺷﻴَﺎءﻫُﻢ ﻭﻻ ﺗَﻌﺜَﻮﺍ ﻓِﻲ ﺍﻷَﺭْ ﺽ‬
ْ ْ ََ ْ
ِ
‫ﻣﻔﺴﺪﻳﻦ‬
َ ِ ِ ُْ

“And withhold not things justly due to men, nor do evil in the
land, working mischief”. (QS al-Shuara’ [26]:183)

ُ َ ْ َ
‫ﻅَﻬَﺮ ﺍﻟﻔَﺴﺎﺩ ﻓِﻲ ﺍﻟﺒَﺮﱢ ﻭﺍﻟﺒَﺤْ ﺮ ﺑِﻤﺎ ﻛﺴﺒَﺖ ﺃَﻳﺪﻱ ﺍﻟﻨﱠﺎﺱ‬
ِْ ْ َ َ َ ِ ْ َ ْ
ِ
‫ﻟِﻴُﺬﻳﻘَﻬُﻢ ﺑَﻌْﺾ ﺍﻟﱠﺬﻱ ﻋﻤﻠُﻮﺍ ﻟَﻌﻠﱠﻬُﻢ ﻳَﺮْ ﺟﻌُﻮﻥ‬
َ ِ
ْ َ
َِ ِ َ
ِ
“Mischief has appeared on land and sea because of (the meed)
that the hands of men have earned, that ((Allah)) may give them

...


SEE ALSO:

Clerics deliver world’s first fatwa against wildlife trafficking, Lindsay Abrams http://www.salon.com/2014/03/05/clerics_deliver_worlds_first_fatwa_against_wildlife_trafficking/

Environment & Ecology in Islam - TAM article collection http://theamericanmuslim.org/tam.php/features/articles/environment_ecology

Islamic clerics issue ‘fatwa’ against poaching, declare the illegal wildlife trade ‘haram’, Diane Parker http://news.mongabay.com/2014/0310-wildlife-trade-fatwa-dparker.html


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