Third Party Funds Group - Sub project
Start date : 01.01.2019
End date : 30.09.2021
Website: https://www.dirs.phil.fau.de/norm-normativitaet-und-normenwandel/
Justice is one
of the most important ethical and legal values in the Qurʾān. The
concept of justice includes non-human beings as much as human beings.
Animals and the environment are semantically and ontologically linked to
the concept of God and His creation. They are represented as signs (āyāt, sing. Āya),
which indicate the existence of the Creator, his omniscience, his
absolute will, his omnipotence and other divine qualities. All living
creatures possess a nonphysical force of spirit and mind. the earth was
created for all creatures on this earth, including humankind, animals,
plants and other types of organisms. Humankind’s superiority lies not in
its enjoying any higher powers or control among created beings, but in
humans’ accountability before God.
From an ethical point of view, it is a duty to treat animals, insects and other organisms with care and respect and to avoid any form of abuse and harm. Good deeds against other creatures and nature are highly rewarded. It is recommended to encourage any actions that improve the lives of animals and to remove anything harmful to them (al-amr bi-l-maʿrūf wa-n-nahy ʿani l-munkar).
In Islamic property law animals are assets and therefore subject to ownership and possession. Despite the differentiation between legal objects and animals; legally they are under the power of disposition of humans. Ownership confers significant rights of control that are intended to be exercised in the owner‘s interest. Consequently law classifies animals as “ other” in relation to human beings.
The discussions on justice and animals finds consideration in the following areas: al-kalām (theology), al-aḫlaq (ethics) and al-adab (etiquette), at-taṣawwuf (Sufism), as-siyāsa aš-šarīʿa (good governance according to šarīʿa law), al-fiqh (Islamic jurisprudence), maqāṣid aš-šarīʿa (the higher objectives of the sharia) and social justice (al-ʿadala al-ijtimaʿiyyah).
The project Animal Welfare and Islamic Justice examines the following questions: Do humans and animals have the same rights? To what extent can the hierarchical position of humans be harmonized with animal rights? How can animal rights be integrated into a human-centered legal system? Can animals be included in a theory of justice? What are the institutional requirements to include animals in a theory of justice?