Jewels in Islam
Definition and Etymology
Jewels (Arabic: جواهر, Jauhar, pl. Jawāhir) are precious stones and minerals valued for their beauty, rarity, and durability. In classical Islamic texts, like the Hidāyah, jewels hold both material and legal significance.
Arabic and Turkish Translations
- Arabic: جواهر (Jawāhir)
- Turkish: Mücevherler
Legal Implications in Islam
Theft and Punishment
According to the Islamic legal text, Hidāyah, a thief is liable to suffer amputation of the hand for stealing jewels such as rings set with emeralds, rubies, or chrysolites. These items are considered valuable and not of an indifferent nature, warranting such severe punishment due to their rarity and desirability. (Vol. ii. p. 93)
Sales and Value Variation
A sillim sale [SILLIM], or a sale in trust of jewels and marine shells, is prohibited in Islamic jurisprudence due to the varying values of these items, making it challenging to ensure fairness and transparency. (Vol. ii. p. 539)
Distribution of Property
In the partitioning of property, the division of jewels must not be managed by a Qāẓī (Islamic judge) but rather through mutual family agreement. This is because of the significant differences in the actual value of individual jewels. (Vol. iv. p. 13)
Suggested Books for Further Studies
- “Al-Hidāyah: The Guidance” - A classical manual of Hanafi fiqh, known for addressing various aspects of Islamic jurisprudence, including the rulings on the handling of jewels.
- “Juuls and Property” by Bernard Meyer, exploring the historical and legal significance of jewels in Islamic culture.
- “Islamic Jurisprudence: Principles and Application” by Mohammad Hashim Kamali, which provides a comprehensive understanding of Islamic legal principles and their application.
Takeaways
- Jewels in Islam: Jewels hold high economic and cultural value and are governed by specific legal rulings in Islamic jurisprudence.
- Legal Consequences: Theft of jewels results in severe punishment, reflecting their significance in Islamic society.
- Sales and Distribution: Unique legal guidelines govern the sale and distribution of jewels to ensure fairness and account for their variable values.
Conclusion
Jewels (جواهر, Jauhar) are more than mere adornments in Islamic culture; they signify wealth and must be handled with a high degree of ethical and legal responsibility. Understanding their treatment under Islamic law helps appreciate their unique place within the socio-economic fabric of Muslim societies.
