MAGNT Research Report (ISSN.

1444-8939)

Vol.3 (1). PP: 1509-1514

Survey Of Citizenship Rights In Islamic Laws and Religious Education

Mohammad Abolfathi1 and Mona Shamseh
1

Department of political science, Razi University, Iran

Received: Nov. 2014 & Published: Jan. 2015 issue

Abstract: One of the most important legal matters is citizenship rights which are the main field of public
law, that discuss about the fundamental relationships between people and their government. The
citizenship rights reflect a universal desire for justice and also a society in which everybody can live an
honorable life in peace, security and welfare. These rights have been made and executed since the genesis
of the human beings, because the inherent greatness in human beings is inherited from God. Western
observers look at the citizenship rights as the citizens' participation rights in the administration of the
country and its different dimensions cover. The meaning of citizenship rights is to respect and protect the
human rights of individuals and the community at large. But citizenship rights in Islam, contrary to the
natural law school that the criterion rules of citizenship rights considers only objective facts, and also
Contrary to the rational law school that only instructions for the practical reason to extrapolate rights and
Law, and in Contrary to the positivist school of law that law and citizenship rights are a purely contractual
in nature and credit unions, it has two conjugated surface in nature , That is a real character and credit;
Because it belongs to the will of God. And on the other hand, legislation will, in accordance with the will
of God is His formative. Thus explaining the citizenship rights laws of Islam are based on facts and good
and evil. Islam is the only criterion for determining the citizenship rights of humanity and dignity of the
human being and no longer considered a criterion for determining the citizenship rights have not been.
This study aims at understanding the natural rights of man in Islam is much wider than the natural rights
in Western schools. In this paper we discuss the relationship between justice and citizenship rights and
citizenship rights in the Universal Declaration of Human Rights and expression characteristics of law in
Western society was Islam was introduced and citizenship rights. In the end it was concluded that Islam is
the perfect religion and it is considered comprehensive human rights that the UDHR is a lack of integrity.
Keywords: Quran, citizenship rights, justice, and religious teachings of Islam or Islamic religious
education.
1. Introduction
Citizenship rights in order to create balance in
character, tranquility and avoid getting abused
and neglected human being by another, is crucial
And choices, behavior, values and needs and the
legitimate right of people is clear by it. No
matter what age and position of humans, all
people are respected it; the awareness of the
rights of citizens to help us to get rid of the oldinhibitor and non-constructive ideas of the
ancients and have a life More productive, more
rational, and purposeful. Man has two
dimensions: the material and spiritual, and each
creature that has two dimensions, it is necessary
to perform tasks which are needed in
development. If men do the prosecutor's work,

God forbid a man of this action, and if there's

one good thing to do, is encouraging.
Then, all commands of God, In order to
promote human evolution. Since humans are
rational, wisdom dictates that all creatures have
rights of the individual and the public.
Citizenship rights are same as the civil behavior
and includes courtesy and consideration is
altruism and conscientiousness.
2.History of the concept of citizenship
The ancient Roman, citizens were divided into
two categories. The Citizens or the other
Romans, who had the salaries and benefits and
peasants, the other peoples who were under
Roman rule (Rezai, 2007); In ancient Greece,
people living in Greece were two degrees, class
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citizens, were the original inhabitants of Greece
and the second include slaves and non-Greeks.
The concept of citizenship in Islam: Although
the concept of the Islamic nation, before
migrating the Prophet (pbuh) to Medina, beyond
any boundary belonging to ethnic, racial, ethnic
and tribal were fulfilled. But the migration of the
Prophet (pbuh) to Medina and collection agents
for the government and establish a territory and
the population of Medina, The first Islamic state
was established in this city. Contrary to modern
legal systems in which citizenship means of the
following criteria, the criteria of Islam,
following the creation of the Creator and
religion are central. The viewpoint of Islam,
citizenship is of two types: Amy Citizenship
means the link which only the believers and
Muslims come together and constitute a single
nation; The nationality that gathering of human
beings with some links such as Nationality,
Same language, Race and culture that constitutes
a nation. The viewpoint of Islam, main
citizenship is based on meaning of the first one
and the second meaning is considered a sub
citizenship. (Islamic International Law, 1984, p.
141.
3. Relationship between justice and
citizenship rights
In Persian, "citizen" is a word translated from
English. In dictionaries amid and Moein, The
term is not defined. Justice In word Means
equality and non extremes (the Dehkhoda,
1963,) and in the term is giving right of the
owner of the right and put everything in its place
one of the concepts related to citizenship rights
is justice that it is the main particular importance
in Islam, and God has dealt it , many times in the
Quran. Manner and method of Imam Ali (AS), n
the five-year his rule clearly show he like
Prophet (PBUH), was very careful to enforce the
law and uphold the rule of Islam and always
ordered to his agents to perform fairness and
following the law.
The shortest way, for achieving the social
fairness is the existence of the righteous fairness
people who institution of fairness has been
decorated with the justice and pass lounger way
for achieving social justice, away from the
concerns of today's complex business practices.
In this concept, fairness people just like chess
pieces are deemed which does not require the

Vol.3 (1). PP: 1509-1514

players and moving by self and control the
game.
The justice man knows very well, all
dimensions and indicators of fairness and obey
them and all of them appears in the his actions
and words. Looking for his rights and well
knows in its own right and others obeys of law
and attempts to establish balance and equality in
society. That's why the world is moving on
justice which human soul instinctively familiar
with it and is like a spirit and power that acts
always in balanced way and is according to the
truth and reality and constantly function to the
law. (Mir Damadi 1996, p. 30); what to give to
law authority and physical power is the will of
the government. That is why the government
remains stable that it can bring justice. Today,
fairness for lawyers is an ideal which is as a
source of law means the two concepts of rights
and fairness. Although, they are close together
but are separated; because the order that
established by rights constantly moving and
evolving and goes towards perfection, its
purpose of perfection fairness and goodness.
Citizenship rights based on human rights and
human rights are based on equality of people;
because rights and fairness is two historic Twin.
If people recognize the justice does not match
with the law, they do not follow it, willingly.
Everywhere and at any time, People want justice
to be implemented. Justice for the legislature
and rights means to prevent the discriminatory
perception law. Generally, following the justice
in any society requires both necessary and
indispensable elements. In the other words, these
elements are justice and freedom. If any society
wants to remain, must be balanced.
This means that, everything that exists to the
extent necessary where is formed of different
organizations, Institutions such as economic,
political, cultural, administrative, judicial, and
educational and... . Activities and tasks in an
effective manner divided among the population
and to do everything, number of people will be
employed, if it is necessary. For the social to be
balanced, should be considered to the
requirements and according these, persons and
services offered; So that the material element to
be considered, the whole society to be
maintained (Motahari, 2010). If adequate
attention to different parts of the social system
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formed a dynamic community and fair treatment
to all people and fair distribution of resources
among all people and social organizations cause
the different classes of society to survive and
continue their life, because of justice. Right from
the Arabic word "Hagh" means stability, antievil and constant current or constant being that
do not deny it. (Ghayoomi, 1994);
The Citizenship Rights is called a set of rules
that govern on the relations between individuals
in civil society. Hence, the matter is how this
relation between people, their rights and duties
of each other in the community. Rights of
citizens are level of communication to society
and the ability to analyze the social, political,
cultural, and economic with to care for the
environment (Nejati Hossein, 2000).
A citizen has some rights in his/her city, That
some of these rights are mentioned below: a.
Civil Rights: are the law that most basic legal
rules governing communication to other
individuals in the community, that most
prominent civil rights of citizens include
freedom of speech, freedom of conscience,
freedom of ownership, freedom of movement,
citizens' access to public officials and
monitoring
their
performance,
nondiscrimination and reflect the views of the
people in the media truly. b. social rights:
The most important of these rights are rights
to form organizations and associations, to
express and to meet social demands, to public
health, the support of the law, equal treatment in
the justice system, the prohibition of torture and
coercion, fair wages, rest, recreation and leisure,
women in the equal rights of men, hit on human
dignity, respect for human rights and the rule of
law and freedom to peacefully protest. C.
Political rights: are the rights of equal access to
positions in the government and the most
important political rights include: the right to
political participation institutionalized, the right
to form a political party to participate in
decision-making, the right to a regular periodic
elections, the right to dismiss the government
through democratic mechanisms, political
security and rights right to criticize the
government through the institutionalization of
freedom of expression and the Citizenship rights
has been used in different meanings; In the
traditional sense,
Citizenship rights were

Vol.3 (1). PP: 1509-1514

translated from English and the inherent
meaning of citizenship and become meaningful
In the national context.
It consists mainly of law such as the right of
self-determination and etc. But in another sense,
Citizenship Rights is common meaning and
citizens in this sense is synonymous with human
Include all rights which a human is having them,
in the present era (Ghorbanzadeh, Vahid and
Zhyanpour, M., 2007).
4. Citizenship rights In the the Universal
Declaration of Human Rights
The first so-called "Citizenship rights" was
introduced in the Universal Declaration of
Human Rights and Citizenship in 1789 French.
The Declaration contains an introduction and
thirty matters.
That introduction involves a series of
fundamental concepts and ideas, in which unity
of mankind, human dignity, and identification of
its Rights that to basis of freedom, justice and
peace in the world and the emergence of a world
in which, People can be free for expression of
their ideas, and without any fear of poverty and
it is the highest aspirations of the human. Human
rights mean that human is free to his/her life and
property and s/he can speak to any language of
the pen to others. Human Rights mean that a
person can not be sentenced to punishment,
without the presence of a jury composed of
independent, and means that criminal conviction
is based on the rule of law, mean that human is
free for choosing to any religion and do it to
peace of mind. (Bastenegar, 2002) Human rights
in its early stages to had been explained aspects
of the individual life which must be protected
without any government interference. But, little
by little the idea was introduced in the second
stage government commitment to nonintervention is not enough, but in some cases,
the government should take measures to
strengthen the Rights and freedoms do. That is
why the international human rights system to
determine the scope of individual freedom, the
government has an obligation to respect the
privacy of its release; in summary it can be said,
the ratio between civil rights and human rights,
the aspect Being Public or privacy. Although,
civil rights and human rights in many cases are
used interchangeably and many of the rights
enshrined in the Universal Declaration of
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Human Rights are the shape of the rights of
citizens and many civil rights, rooted in human
rights, but the difference between them is
possible.
5. Citizenship rights in the West
A principle of Citizenship rights in ancient
Rome of Greece, until the eighteenth century,
the form of comprehensive written has not been
existed. Ancient law was strictly philosophical.
Thus, Aristotle was the founder of legal theorist
for the Greeks. At that time, Citizens had been
who had full rights; against foreigners and the
slaves. Their opinion was strongly the nobleman
and hierarchy that it did not mean equality. In
the middle Ages, Christian Clergymen
associated by oppressive rulers and the feudal,
the worst injustice had occurred.
They were trampled the human dignity in
their courts. The concept of citizenship rights
changed in the development of Europe, after
middle Ages and the Universal Declaration of
Human Rights in France. Legitimate freedom in
the West is defined by the liberal school. The
philosophical concept of freedom Justified. The
principle of sovereignty will on this basis,
European after passing under pressure ear
resulting from the rule churches corrupt and
oppressive governments, with an emphasis on
natural law, established legal which remain safe
from governments. Accordingly, people based
on their merit and virtues, can benefit from the
rights. But despite the natural and non-stripping,
these rights are defined in the law and through
its executable and will be guaranteed.
Another view on the rights in Western society
is the formation of the Government requires the
consent of the adult population and limits of
authority of government and people is regulated
according to the agreement. So people are not
the absolute rights and they cannot also make
the absolute rule. Because human rights and its
related documents, accepting the reality of states
and the rights in this idea is nullified beyond
national rights and the will of states
6. Citizenship rights in Islam
In all religions, including Zoroastrianism,
Judaism, and Christianity was spoken of human
rights. The first statement in the world was set
about this subject by the great Kourosh who
prohibited slavery and ordered to restore all the
captives and slaves to their territories. Kourosh

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saved his country from slavery with this work.
But the best and most excellent form of
legislation relating to the rights can be found in
the great religion of Islam.
Islam as a religion of Heaven, despite the
oppression of black days and dealing with the
surrounding civilizations is remained original
and untouched. Quran is the guidance for all
people. Islamic monotheism is freedom and
monotheism is the only form of worship of God
which gives man certainly, peace and hope and
makes him responsible. Islam is a religion to
save people from the slavery of people like
themselves and they are only the servant of God
(Shariati, 1970). Foundations rights in Islam are
anthropological ideas and certain worldview that
has not to be considered, sentences are not
recognized Philosophy and limitation if Ejtehad
is not clear recognition and execution will not be
possible. Accept the responsibility of man to
God and the relation servitude with God is very
effective in determining the rights of man. But
the existence of a common law for all members
of society needs to prove the truth and the
common nature of humans; Islam teachings
deeply about the rights of human beings,
animals and plants and the environment.
In Islam is special emphasis on other people's
rights and that was considered before God's
rights. In Islamic tradition has been said "God
forgives his rights, But never forgive rights of
others." even in the case of non-Muslims If they
are not hostile to Islam, Islam does not allow to
no one to exceed their rights. So should consider
Islam is the largest supporter of the drafters of
human rights and has no problem with it. But the
point is that some provisions of the Universal
Declaration of Human Rights, is Issues such as
the freedom of man and woman in marriage
even Muslims with non-Muslims, the absolute
equality of men and women in rights in
inheritance blood money and ... which is at odds
with some of the provisions of Islam. So what is
important to Islam, restore human rights is
according to the will of God and Nothing else.
(Bastenegar, 2010, S51-56)
The first claim of human rights is almighty God.
The principle of the right is from God. God
determines it based on Interest and wisdom, for
all people. (Mesbah Yazdi, 2010, p. 134)
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Nature is, equal and universal truth among men
which leads them toward perfection and truth
comprehensive human reality. According to
nature idea, humans have an innate
understanding of the attitudes.
Accordingly, we can not imagine people as
empty containers, because the major feature of
nature idea to prove that we aim to bring human
rights. Islamic rights is not the only source from
reason and conscience, But mixed with the
revelation and inspiration Be announced by the
prophets to mankind from God, in Islamic
thought only God knows, of the good and bad
things, and relationships and continuity of them
legislation and carnal desires are not impressed,
because God is rich and the absolute needless.
For the competent reference of the divine law
are four The Qur'an, the Sunnah, and the
consensus and intellect The Quran is the main
source of law in Islamic Thought. Because it is
modernity humanity in personal relationships,
social, political and international communities in
need are the best way for humanity to be
rewarded.
Here are some of the rights in the Book of
Revelation with solid reasons mentioned
explain:
A- a rule of the Caliphate of people: According
to the concept the the verse (Surah Baqarah /
verse 34) and (Surah Yunus / Verse 14) we find,
God gave man the power of knowledge to be
distinguished from the other organisms and this
privilege make man the best creature in the
world;
Man has been able to use this power, All the
forces of nature to be been abandoned at his
disposal and the intellect and knowledge that he
has of civilization and culture.
B- The right to dignity, equality and equity:
Dignity is the sublime dignity of the human that
comes from respect for the rights from the self
and others and perform tasks, citing deep sense
of humanity that God has given to man as the
greatest progress in human nature and
interaction. With regard to the concept of the
the verse (Surah Isra / verse 70) and (Sura cells /
verse 13) we find that all human beings are
equal in dignity and rights and Taqwa is the only
criterion of excellence.
C- Right of Life: Life is gift from God and
nobody is allowed to deprive another of life. If

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anyone has it to take, In addition to deserve
Hereafter punishment and being in hell , in this
world is sentenced to death because of respect
for human life. Public life in the law of
retaliation, and remain constant and knows; In
Islam the life and death of even one person is
valuable and sacred that life and death are all
equal members of society.
No one can take this right from the person or
harm to human body and spirit. In verse 29 of
Surah Nesa, God has commanded it.
D- Freedom of religion and belief: With regard
the meaning (Surah Baqarah / verse 256) in
Islamic thought, Religious beliefs is from of
heart and Forced and duress it, makes no sense.
For Islam to protect heart belief and faith
suggested strengthening religious knowledge,
not deprive people of freedom and forcing them
to have a faith and religion. Because of man's
belief is based on free thinking, feelings and
desires of the heart, imitation of parents and the
influence of the environment (Dai Tribe, 2011).
In Islam, man is obliged to own life especially
the religious life establishes on the thought and
reflection, and getting reason for his actions.
Belief in Islam and its legitimacy does not value,
If it was not via thinking of ways. The all of
emphasis is Islam for better thinking, better
shines and freedom of thought is not only
detrimental to Islam, But also with thought, the
truth of Islam is more brightly.
E- The welfare and security: What is the
meaning of the verse (Surah Heights / verse 10
and verse Malik / verse 15) comes on, that
citizens have the right to be in a safe
environment comfortably and they will enjoy of
the benefits of everything from God and pay to
their businesses as their arbitrary. Islam is great
emphases on private property and everyone have
the right to take advantage of natural resources.
Other Rights is securing them in various areas of
finance, life, business, and legal personality. The
Holy Quran is forbidden oppression, in any form
(Surah Noor / verse 27).
Of accuracy and reflect on all the verses, we
found that view of Islam to law, is so wisdom
with precise angles of religion and religious
practice, In all discussions of human rights,
encouraging others to help each other and thus
leads to human society toward their favorite
perfection and dignity of society.
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7. Conclusion
Enlightening school of Islam, as the last
divine religious is a comprehensive and
complete religion. Therefore, in Islam social
rules and regulations have been considered as
personal rules. In the view of Islam, social life
and relations between people in a society and
duties of a citizen to others which he lives, have
some principles and rules that every Muslim is
obliged to observe in the relationships social
behaviors. In the paper we deal with citizenship
rights in the Islam and the results are in the
following:
1. Human society cannot be considered like
living unit that is guided through the guiding
force in the good order. In the society social
values and roles and creativity of people seem to
raise them and one of the main objectives
considerable in the human life is to promote it.
2. Islam has assumed some rights for everyone
that considering them can increase human
understanding and insight and develop a
reasonable and proper relationship to state and
also other people in the community and promote
health and balance in the society.
3. The social system in Muslim societies is to
Respect the rights and fairness. Because Islam
is a religion that is formed base on balance and
discourage people from extremes in the all
aspects of life, and about the personal things It is
in the balance.
4. According to the Declaration of Human
Rights on the rights of citizens, cannot force
anyone to not do everything that is not
prohibited by law and cannot force anyone to
follow what is not in the law.
5. Islam is a set of must and mustn't has been
developed to provide and protect human rights
that "must" is represented of providing rights
and "mustn't" is represented of Obstacles and
problems rights.

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