Human
Rights in Islam
Najma N. Javeed
IT WAS the mission of the Prophet (ﷺ) to deliver mankind from
the bonds of Jahiliyah and injustice. He was born at the time when this world
was full of oppression in its worst forms. Slavery and serfdom were a way of
life. Women were mere chattels. Killing at the smallest pretext was rife.
Respect and dignity, equality and fraternity and freedom for mortal beings were
ideals unknown.
Today in all self-declared civilised societies we see the
prevalence of same signs albeit wrapped in sophistry and hypocrisy. Injustice
of the rich towards the poor, the oppression of the weak by the strong,
propagation of falsehood to paint black as white, scant regard for human life
and dignity except for the privileged sections, still ailed large parts of the
world. Islamists and non-Islamists alike are participants in this vicious
scheme of things.
A prophetic tradition painted this picture remarkably in these
words: "There will be a time when knowledge will depart (from
you).'"I said, “O Prophet of God! and how will knowledge depart (from us)
when we read and our children will make their children read till the day of
Resurrection? The prophet said, 'Do not these Jews and Christians read the
Torah and the Evangel, and act not at all what is in both of them.' (Ziyad bin
Labid,: Abu-Ummamah).
The crux of the matter is that action must be in keeping with
assertion as such. The emphasis in the Shar'iah, is on Amal (conduct) and on
duties. There is an essential concept of responsibility admixed with
accountability. Placing emphasis on the rights rather than duties leads to a
sense of power and authority within an individual and society formed by such
individuals is to self-righteous and arrogant towards others. On the other
hand the emphasis on duties, based on rightfulness, creates a harmony in
social life. Rights that belong to individuals are the consequence of their
being human. These are a continuum of values that are universal in character
and equally claimed for all human beings.
The period since the 17th century saw a change in the ambience of
the western nation, so that the need for natural rights became a social
reality. The existence of political absolution in western countries made men
claim for the wholesale extension of rights previously denied to them, under
the 'presence of Gods' word and the higher social and economic status. Thomas
Jefferson's Declaration of Rights of man and of the Citizen, 1776, declared;
"...That all men are created equal, that they are endowed by their creator
with certain inalienable rights; that among these are life, liberty and the
pursuit of happiness."By late 19th century rights were accorded on the
philosophy of humanism, which beheld an attitude of mind attaching prime
importance to man and his values his free will and his superiority over all
other things.
Islam accorded human beings—Muslims and non-Muslims alike—rights in
accordance with the revelation of the Qur'an. Muslims have to take care of
their rights. No one is to be deprived of his life, liberty, and rights unless
bil-haq (due process of the law). Accent on this aspect, in Quran and Sunnah,
needs to be highlighted to break the rusty chain tied to our ankles by our
self-appointed experts and pseudo-guides masquerad-ing as monopolists of
knowledge amongst ignorant lots.
In Islam man is seen to be Khilafah (viceregent) of Allah on earth
who is assigned powers to exercise during his stay in this world the servant of
God and the seeker of truth. Even today the rights given to man may be taken
away at the whims of those in power, whereas the rights conferred by Allah
cannot be superseded by any state body, neither can they be repealed or
changed. Tawheed implies one God, who is the Creator and Sustainer of the
universe. This guarantees man stability in all respects of his life. Worship
and obedience to Allah makes any idea of superiority of man, institution and
sovereignty meaningless.
Islam has laid down some universal rights for humanity as a whole
that are to be observed and respected under all circumstances whether one is at
peace or at war. Human blood is sacred and cannot be spilled without justification.
It is not permissible to oppress ones' women, children, the old or sick and
wounded. Similarly Dhimmis living within a Muslim state are accorded rights
and protection of the state. They have full freedom of conscience and belief
within the limits set down by law and decency. Ibn Masud reported the Prophet
as saying "If anybody harasses a non-Muslim citizen, I shall depose
against him on the Day of Judgment".
If contrary to the teachings of their faith some or many Muslim
nations of the world indulge in subjugating their citizens, other religion is
not to blame. Seemingly obvious that Tawheed implies on servitude of man, if
certain rulers trample over the concept of freedom and equality as enunciated
in the Qur'an and Hadith, they commit not only folly but a sin. Revolution in
the Islamic polity shall have to be based upon Tawheed. No man is inferior or
superior to the other except in terms of piety. There is no Divine Right of
Kings, Sheikhs or Amirs. The rights and responsibilities
of Khalifah or Ameer are shared by all. The Khalifah is an executive authority
invested with powers to put into practice the collective will of the Ummah.
Even the authority of the state is no more than the extension of power of the
individuals delegated to the state.
Let us now briefly look at some of the basic Quranic injunctions
relating to human rights. A right to life is the first and basic right: Surah
al-Maidah (5:32) says: "because of this We ordained unto the Children of
Israel that if anyone slays a human being---unless it be for in punishment for
murder or for spreading corruption on earth---it shall be as though he has
slain all of mankind." Closely related is the right to safety of life
5:32 "And whosoever saves a life it is as though he had saved the life of
mankind".
Whilst transgressors have been warned in surah 7:44 "The curse
of Allah is on the unjust", other is the call for the respect of the
chastity of women under all conditions---whether they are women of this country
or not. As regards the Individual's right to freedom, it is forbidden to
capture a free man and make him a slave. As a Tradition of the prophet says:
"There are three categories of people against whom I shall myself be
plaintiff on the Day of Judgment. Of these three one is he who enslaves a free
man, and then sells him and eats his money" (Bukhari and Ibn Maja). The
slaves were often free during the prophet's time and Muslims were encouraged to
do so for the expiation of sins. The prisoners of war were afforded humane
treatment and were exchanged for Muslim prisoners of war or money was paid for
their liberty.
The right to justice is found in many verses of the Quran. One of
these is Surah an-Nisa (4:135), "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 be against your own selves or your parents or kinsfolk.
Whether the person 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!"
Equality of human beings recognises no distinction of colour, race
or nationality as has been made clear in Surah-al-Hujurat (49:13) "O men!
Behold, We have created you all out of a male and female. And have made you
unto nation and tribes, so that you might come to know one another". That
is to meet and know each other and not for nations to claim superiority over
each other. Superiority for anyone is only in the greater God-consciousness.
Individuals are accorded with the sanctity and security of private
life as laid down in Verse 49:12 and 24:27. There is to be no peeping or listening
in others' homes. There is security of personal freedom, no imprisonment of a
citizen unless proved guilty in an open court and no arrest on the basis of
suspicion. Allah have the right to protest (Surah 4:148) and have freedom of
thought, expression and association. As long as one is not corrupting or
spreading evil there is no right to abuse citizens in the name of liberty
(Surah 3:110). Freedom of conscience and conviction is guaranteed:
"There shall be no coercion in matters of faith". (Surah 6:164) There
is equality before the law.
There is also a compendium of economic and social rights such as
the right to work, right to fair wage, leisure, social security, etc. These
rights represent the minimum requirements of modern civilised man. Socio-economic
rights are of greater import for what use is man's ability to vote freely and
how is it even possible for him to undertake this when he has no food in the
house and the first politician giving him something earns his vote. But these
rights are to a large extent a myth in the hands of vested interests. If they
exist they belong mostly to the ruling classes alone whilst the subjects are to
be dutiful only.
Although the existence of human rights is no longer debated, the
nature and scope of these rights is. In his last sermon on the occasion of
Hajj the Prophet (ﷺ) proclaimed: "There was to be no superiority
on the basis of language, race or colour. No Arab was superior to a non-Arab,
and vice versa. All human beings are equal." He further declared that
women had rights over men and they should be treated respectfully. Usury and
slavery were prohibited and human beings were declared free of unwarranted
bandages. The Universal declaration of human rights is itself only
proclamation and affirmation of desirable principles and not a piece of
legislation enforceable in member countries of the UN.
The existence of Pakistan is itself based on the belief that
Muslims in India were a nation and not a subjugated minority.
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