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Fr i da y , S ept ember 24, 2010

HUMAN RIGHTS IN ISLAM


A comprehenisve peace on human rights.
http://worldmuslimcongress.blogspot.com/2010/09/human-rights-in-islam.html

HUMAN RIGHTS IN ISLAM
By S. FARMAN AHMAD NAQVI, ADVOCATE, ALLAHABAD HIGH COURT.

We live in an age that is striking in its unprecedented technological sophistication.
Unfortunately, the prejudices and inequities that have plagued the human race historically,
continue to exist, and are responsible for untold human suffering. It is in this context that the
subject of human rights is especially pertinent.

What constitutes human rights? Can we come to a common understanding of these rights
and thereby ensure that these are universally granted to every member of society? These
questions have been the subject of historic documents such as The Magna Carta, The
French Declaration of the Rights of Man, The American Bill of Rights, and The Geneva
Convention.

The history of human rights covers thousands of years and draws upon religious, cultural,
philosophical and legal developments throughout recorded history. Several ancient
documents and later religions and philosophies included a variety of concepts that may be
considered to be human rights. Notable among such documents are the Cyrus cylinder of
539 BC, a declaration of intentions by the Persian emperor Cyrus the Great after his
conquest of the Neo-Babylonian Empire; The Manu Smiriti Narad Smiritis and the Edicts of
Ashoka issued by Ashoka the Great of India between 272-231 BC.

Sarvepalli Radhakrisnan said in Hindu view of life, Indian philosophy makes unquestioned
and extensive use of reason, but intuition accepted as the only method through which the
ultimate can be known. He further says, .there is the overall synthetic tradition which is
essential to the spirit and the method of Indian Philosophy. This is as old as Rigved, where
the seers realised that true religion comprehends all religions, so that God is one but men
call Him by many names.

The Constitution of Medina of 622 AD, drafted by Muhammad (PBUH) to mark a formal
agreement between all of the significant tribes and families of Yathrib (later known as
Medina), including Muslims, Jews and Pagans. The English Magna Carta of 1215 is
particularly significant in the history of English law, and is hence significant in international
law and constitutional law today. Magna Carta (Latin for Great Charter, literally "Great
Paper"), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English
legal charter, originally issued in the year 1215. It was written in Latin.Magna Carta required
King John of England to proclaim certain rights (mainly of his barons), respect certain legal
procedures, and accept that his will could be bound by the law. It explicitly protected certain
rights of the King's subjects, whether free or fettered, most notably the writ of habeas
corpus, allowing appeal against unlawful imprisonment.
What is often overlooked, however, is that these questions have also been addressed by
various religious traditions. The Islamic model of human rights in particular is striking in its
rigor, its vision and its relevance to modern times.

Islams contribution to human rights can be appreciated when compared against the
backdrop of world history as well as the realities of modern times. Social, racial, gender,
and religious inequities have always existed. Economic and social disparities have resulted
in oppression of the lower classes and castes as had been seen in India; racial prejudices
have been the cause of subjugation and enslavement of people with darker skin; women
have been weighed down by chauvinistic attitudes, and pervasive attitudes of religious
superiority have led to widespread persecution of people with different beliefs. Hatred and
anger are the major sources of evil, and this attitude always prevented people from making
just decisions, thinking soundly and conducting themselves rationally.

When considering the question of human rights and Islam, it is important to remember the
distinction between textually prescribed rights, and their misapplication and
misinterpretation by imperfect human beings. Just as Western societies still fight against
racism and discrimination, Muslim societies also struggle to fully implement Islamic human
rights.

Divinely Mandated

The distinguishing feature of human rights in Islam is that these rights are the natural
outcome of a broader practice of faith; deeds and social behavior that Muslims believe are
divinely mandated. The Glorious Quran says:

Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all
shameful deeds, and injustice and rebellion: He instructs you, that ye may receive
admonition. [Quran, 16:90-91]

Dignity and Equality

Human rights can be seen as stemming from two fundamental principles: dignity and
equality. Dignity is a fundamental right of every human being merely by virtue of his or her
humanity.
The Glorious Quran says: Verily we have honoured the Children of Adam. We carry them
on the land and the sea, and have made provision of good things for them, and have
preferred them above many of those whom we created with a marked preferment. [Quran
17:70]

Regarding equality, the Quranic verse is explicit: O mankind! We created you from a single
(pair) of a male and a female, and made you into nations and tribes, that ye may know each
other (not that ye may despise (each other). Verily the most honored of you in the sight of
Allah is (he who is) the most righteous of you. [Quran 49:13]

Thus, what distinguishes one human being from another, in the Sight of God, is the
persons piety and God-consciousness.

The proliferation of humanity into many races and ethnicities is a testament to Gods Majesty
and Wisdom. Physical and racial differences among human beings do not imply inequality.
However, racial superiority and discrimination is prohibited in Islam and contradicts its
essence. This concept is exemplified in the following prophetic tradition: Arab does not have
any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab.
Nor does a white man have any superiority over a black man or the black man any
superiority over the white man. You are all the children of Adam, and Adam was created
from clay.

Equality of Women
As creations of God, women are accorded spiritual equality with men. They are rewarded
for prayer and charitable acts, and likewise held accountable for their actions, good or bad,
while on earth.

Treat your women well and be kind to them for they are your partners and committed
helpers."

Last sermon of Prophet Mohammed (PBUH).

"From what is left by parents and those nearest related there is a share for men and a share
for women, whether the property be small or large --a determinate share" [Quran 4:7].

The Glorious Quran says: If any do deeds of righteousness,- be they male or female - and
have faith, they will enter Heaven, and not the least injustice will be done to them. [Quran
4:124]
Both men and women have responsibilities towards their families and societies as is clear
from the following verse:

The Believers, men and women, are protectors one of another: they enjoin what is just and
forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah
and His Messenger. On them will Allah pour His mercy: for Allah is exalted in power, Wise?
[Quran, 9:71]

Under the laws of Islam, women have the right to own property and businesses, engage in
financial transactions, vote, receive inheritance, obtain an education and participate in legal
and political affairs. The fact that Muslim societies do not always accord women all these
rights is an example of how human beings can fall short of fully implementing the Divine
Will.

The Right to Life and Safety
The most basic right of a human being is the right to live. The Glorious Quran recognizes
this right in the following verses: Nor take life - which Allah has made sacred, except for just
cause. [Quran, 17:33]

Whosoever kills a human being without due reason not in retaliation for murder or
corruption on earth, it is as though he had killed all of mankind? [Quran, 5:32]

Islams position on life is that it is a sacred trust from God. No human being is permitted to
take the life of another, unless it is for justice administered by a competent court following
due process of law.

Not only do human beings have the right not to be harmed, they have the right to be
safeguarded from harm, physical or otherwise. So under Islamic law, people are legally
liable for instance, if they did not prevent a blind man from dying of a perilous fall, if they
were in a position to do so.

Even in a state of war, Islam enjoins that one deals with the enemy nobly on the battlefield.
Islam has drawn a clear line of distinction between the combatants and the non-combatants
of the enemy country. As far as the non-combatant population is concerned such as
women, children, the old and the infirm, etc., the instructions of the Prophet are as follows:
"Do not kill any old person, any child or any woman". "Do not kill the monks in monasteries".
During a war, the Prophet saw the corpse of a woman lying on the ground and observed:
"She was not fighting. How then she came to be killed?" Thus non-combatants are
guaranteed security of life even if their state is at war with an Islamic state.

Freedom of Beliefs
Contrary to popular misconceptions, a genuine Islamic state is obligated to not only permit
but respect diversity. Thus non-Muslims in an Islamic state are allowed to worship in
accordance with their religion.

When Spain was under Muslim rule, the city of Cordova was considered the intellectual
center of Europe, where students went to study philosophy, science and medicine under
Muslim, Jewish and Christian scholars.

This rich and sophisticated society took a tolerant view towards other faiths. Tolerance was
unheard of in the rest of Europe. But in Muslim Spain, thousands of Jews and Christians
lived in peace and harmony with their Muslim overlords. (Burke, 1985, p. 38)

The Right to a Basic Standard of Life
A basic standard of life includes the minimum essentials necessary for survival, such as
food, clothing, shelter, and medical attention. Anyone suffering from deprivation of these
economic necessities is entitled to receive aid in order to meet their needs. It is the duty of
every Muslim with adequate means to give from their wealth, in order to eradicate poverty
from society.
Dignity and Equality

The Glorious Quran says: And in their wealth the beggar and the outcast had due share.
[Quran 51:19] You who believe! Be upholders of justice, bearing witness for God alone,
even against your selves or your parents and relatives. Whether they are rich or poor, God
is well able to look after them. Do not follow your own desires and deviate from the truth. If
you twist or turn away, God is aware of what you do. (Qur'an, 4:135)

The Right to Justice
Islam requires that Muslims possess upright character and deal justly with the entire human
race, irrespective of their ethnicity, nationality, creed, and whether they are friend or foe.
Surely ALLAH commands you to make over trusts to their owners and that when you judge
between people you judge with justice; Surely ALLAH admonishes you with what is
excellent; Surely ALLAH is seeing, hearing. [Quran: 4:58]

The Glorious Quran says: O ye who believe! stand out firmly for Allah, as witnesses to fair
dealing, and let not the hatred of others to you make you swerve to wrong and depart from
justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that
ye do. [Quran, 5:8]

Surely Allah enjoins the doing of justice and doing the good (to others) and the giving to the
kindred, and He forbids indecency evil and rebellion; [Quran, 16:90]

The sense of justice that Islam encompasses is one of the most wonderful ideals of Islam,
because, as I read in the Qur'an, I find those dynamic principles of life, not mystic but
practical ethics for the daily conduct of life suited to the whole world. [Lectures on The
Ideals of Islam see Speeches and Writings of Sarojini Naidu, Madras, 1918, p. 167]

Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you
out of your homes, from dealing kindly and justly with them: for Allah love those who are
just. [Qur'an 60:8]

O you who have attained to faith! Be ever steadfast in upholding equity, bearing witness to
the truth for the sake of God, even though it is against your own selves or your parents and
kinsfolk. Whether the person concerned be rich or poor, God's claim takes precedence over
[the claims of] either of them. Do not, then, follow your own desires, lest you swerve from
justice: for if you distort [the truth], behold, God is indeed aware of all that you do! [Quran
4:135].

Rights and Mutual Responsibility
From the foregoing discussion, it is clear that Islamic law has divinely mandated rights for
individuals in their specific roles as spouse, parent, child, relative, neighbor, friend, and
even foe. In its distribution of rights and responsibilities, Islam has addressed the social,
racial, gender, and sectarian issues plaguing the world. Although much of the world,
including Muslim nations, have yet to fully implement it, the model of rights and mutual
responsibilities enshrined in Islam, which has a tremendous potential for individual and
social reform, as is evident from following verse; O Mankind! We have created you from a
male and female, and made you into nations and tribes, that you may know one another.
Verily, the most honorable of you in the sight of Allah is he who has most taqwa among of
you. Verily, Allah is All-Knowing, All-Aware. [Quran 26; 13]

Ali (AS), son in law of Prophet Mohammad (PBUH) had written a comprehensive letter
articulating principles of public policy for the guidance of the newly appointed Governor to
Egypt, Maalik al Ashtar. In this fascinating directive, Ali (AS) advises the new governor that
his administration will succeed only if he governs with concern for justice, equity, probity
and the prosperity of all. There is a timeless applicability of this famous letter. Selected
passages from the text are reproduced below:

Religious tolerance
Amongst your subjects there are two kinds of people: those who have the same religion as
you [and] are brothers to you, and those who have religions other than yours, [who] are
human beings like you. Men of either category suffer from the same weaknesses and
disabilities that human beings are inclined to; they commit sins, indulge in vices either
intentionally or foolishly and unintentionally without realising the enormity of their deeds. Let
your mercy and compassion come to their rescue and help in the same way and to the
same extent that you expect Allah to show mercy and forgiveness to you.

Equity is best
A policy which is based on equity will be largely appreciated. Remember that the
displeasure of common men, the have-nots and the depressed persons, over-balances the
approval of important persons, while the displeasure of a few big people will be excused if
the general public and the masses of your subjects are happy with you.

The rich are the people who will be the worst drag upon you during your moments of peace
and happiness, and the least useful to you during your hours of need and adversity. They
hate justice the most. They will keep demanding more and more out of State resources and
will seldom be satisfied with what they receive and will never be obliged for the favour
shown to them if their demands are justifiably refused.

On judiciary
You must select people of excellent character and high caliber with meritorious records.
When they realise that they have committed a mistake in judgment, they should not insist
on it by trying to justify it. They should not be corrupt, covetous or greedy. These
appointments must be made. Without any kind of favoritism being shown or influence being
accepted; otherwise tyranny, corruption and misrule will reign. Let the judiciary be above
every kind of executive pressure or influence, above fear or favour, intrigue or corruption.

Poverty
If a country is prosperous and if its people are well-to-do, then it will happily and willingly
bear any burden. The poverty of the people is the actual cause of the devastation and
ruination of a country, and the main cause of the poverty of the people is the desire of its
ruler and officers to amass wealth and possessions, whether by fair or foul means.

Corruption undermines national well-being
I want to advise you about your businessmen and industrialists. Treat them well; they are
the sources of wealth to the country. You must keep an eye over their activities as well. You
know that they are usually stingy misers, intensely self-centered and selfish, suffering from
the obsession of grasping and accumulating wealth. They often hoard their goods to get
more profit out of them by creating scarcity and by indulging in black-marketing.

On communicating with people
You must take care not to cut yourself off from the public. Do not place a curtain of false
prestige between you and those over whom you rule. Such pretension and shows of pomp
and pride are in reality manifestations of an inferiority complex and of vanity. The result of
such an attitude is that you remain ignorant of the conditions of your subjects and of the
actual cases of the events occurring in the State.

Peace leads to prosperity
If your enemy invites you to a peace treaty, never refuse to accept such an offer, because
peace will bring rest and comfort to your armies, will relieve you of anxieties and worries,
and will bring prosperity and affluence to your people. Be very careful never to break your
promise with your enemy; never forsake the protection or support that you have offered to
him; never go back upon your word, and never violate the terms of the treaty.

One of the Great Historical Blunders
In history human rights violation is as common as any other human behaviour. All over
World history the Ruling classes to establish their hegemony curbed the rights of their
subjects. It is said that it is always advantageous for the ruling class to control the flow of
information in order to prevent public scrutiny of official decisions and also in order to be
able to release information selectively at a convenient time. Freedom of speech is one of
the basic human rights included in all religious as well as modern legislations. Right of
dissent is one of the basic rights inclusive of right of freedom of speech.

Holocaust was one of classic case of greatest Human rights violation. It is said that Nazis
killed the majority of European Jewry (an estimated 5.1 million according to Raul Hilberg,
5.27 million according to the Munich-based Institut fr Zeitgeschichte) and about 30% of the
Jewish people worldwide. Although some people dispute the figures as exaggerated &
some say that Holocaust is being misused, as Arun Gandhi (grand son of Mahatma Gandhi)
had said that Israel & Jews are the biggest players in a global culture of violence. Jews
today not only want the Germans to feel guilty but the whole world must regret what
happened to the Jews. The world did feel sorry for the episode but when an individual or a
nation refuses to forgive and move on the regret turns into anger. This debate may go on
but the fact of the matter is that humans were brutally killed & their right to live was
snatched by using brutal force, although the figure of deaths may vary. But the way in which
we should start a dialogue is important. If someone has a right to project their grievances
then others have also equal right to project their own grievances.

In the context of violation of human rights in Holocaust some people in Europe itself raised
their voice which is echoed by Arun Gandhi. But the dissenting voices against exaggeration
or misuse of Holocaust are being curbed in total violation of respect of rights of dissent.
Although such dissenting voices have equal right to express themselves. In Europe 13
countries ban speeches denying the Holocaust. Holocaust denial is explicitly or implicitly
illegal in 13 countries: Austria, Belgium, Czech Republic, France, Germany, Israel,
Liechtenstein, Lithuania, Luxembourg, Poland, Portugal, Romania, and Switzerland.
Slovakia made Holocaust denial a crime in late 2001 but repealed the legislation in May
2005. Spain decriminalized Holocaust denial in October 2007.

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