In the Name of Allah, the
Most Compassionate, the Most Merciful
Human Rights In Islam
Since
God is the absolute and the sole master of men and the universe, He is the
sovereign Lord, the Sustainer and Nourisher, the
Merciful, Whose mercy enshrines all beings; and since He has given each man
human dignity and honor, and breathed into him of His own spirit, it follows
that, united in Him and through Him, and apart from their other human
attributes, men are substantially the same and no tangible and actual
distinction can be made among them, on account of their accidental differences
such as nationality, color or race. Every human being is thereby related to all
others and all become one community of brotherhood in their honorable and
pleasant servitude to the most compassionate Lord of the Universe. In such a
heavenly atmosphere the Islamic confession of the oneness of God stands
dominant and central, and necessarily entails the concept of the oneness of
humanity and the brotherhood of mankind.
Although
an Islamic state may be set up in any part of the earth, Islam does not seek to
restrict human rights or privileges to the geographical limits of its own
state. Islam has laid down some universal fundamental rights for humanity as a
whole, which are to be observed and respected under all circumstances whether
such a person is resident within the territory of the Islamic state or outside
it, whether he is at peace or at war. The Quran very
clearly states: "O believers, be you securers of justice, witness for God.
Let not detestation for a people move you not to be equitable; be equitable -
that is nearer to God-fearing." (5:8)
Human
blood is sacred in any case and cannot be spilled without justification. And if
anyone violates this sanctity of human blood by killing a soul without
justification, the Quran equates it to the killing of
entire mankind. "...Whoso slays a soul not to retaliate for a soul slain,
nor for corruption done in the land, should be as if he had slain mankind
altogether." (
It
is not permissible to oppress women, children, old people, the sick or the
wounded. Women's honor and chastity are to be respected under all
circumstances. The hungry person must be fed, the naked clothed and the wounded
or diseased treated medically irrespective of whether they belong to the
Islamic community or are from among its enemies.
When
we speak of human rights in Islam we really mean that these rights have been
granted by God; they have not been granted by any king or by any legislative
assembly. The rights granted by the kings or the legislative assemblies, can
also be withdrawn in the same manner in which they are conferred. The same is
the case with the rights accepted and recognized by the dictators. They can
confer them when they please and withdraw them when they wish; and they can
openly violate them when they like. But since in Islam human rights have been
conferred by God, no legislative assembly in the world or any government on
earth has the right or authority to make any amendment or change in the rights
conferred by God. No one has the right to abrogate them or withdraw them. Nor are they basic human rights which are conferred on paper for
the sake of show and exhibition and denied in actual life when the show is
over. Nor are they like philosophical concepts which have no sanctions
behind them.
The
charter and the proclamations and the resolutions of the United Nations cannot
be compared with the rights sanctioned by God; because the former are not
applicable on anybody while the latter are applicable on every believer. They
are a part and parcel of the Islamic Faith. Every Muslim or administrator who
claims himself to be Muslim, will have to accept,
recognize and enforce them. If they fail to enforce them, and start denying the
rights that have been guaranteed by God or make amendments and changes in them,
or practically violate them while paying lip service to them, the verdict of
the Holy Quran for such government is clear and
unequivocal: "Those who do not judge by what God has sent down are the
disbelievers." (
Human Rights In An Islamic State
The
Security Of Life And Property:
In
the address which the Prophet delivered on the occasion of the Farewell Hajj,
he said: "Your lives and properties are forbidden to one another till you
meet your Lord on the Day of Resurrection." The Prophet has also said
about the dhimmis (the non-Muslim citizens of the
Muslim state): "One who kills a man under covenant (i.e., dhimmi) will not even smell the fragrance of
The
Protection Of Honor:
The
Holy Quran lays down:
"You who believe, do not let one (set of) people make fun of
another set."
"Do
not defame one another."
"Do
not insult by using nicknames."
"Do
not backbite or speak ill of one another."
(49:11-12)
Sanctity
And Security Of Private Life:
The
Quran has laid down the injunction:
"Do
not spy on one another." (49:12)
"Do
not enter any houses unless you are sure of their occupant's consent."
(24:27)
The
Security Of Personal Freedom:
Islam
has laid down the principle that no citizen can be imprisoned unless his guilt
has been proven in an open court. To arrest a man only on the basis of
suspicion and to throw him into a prison without proper court proceedings and
without providing him a reasonable opportunity to produce his defense is not
permissible in Islam.
The
Right To Protest Against Tyranny:
Among
the rights that Islam has conferred on human beings is the right to protest
against government's tyranny. Referring to it the Quran
says: "God does not love evil talk in public unless it is by someone who
has been injured thereby." (4:148)
In
Islam, as has been argued earlier, all power and authority belong to God, and
with man there is only delegated power which becomes a trust; everyone who
becomes a recipient of such a power has to stand in awful reverence before his
people toward whom and for whose sake he will be called upon to use these
powers. This was acknowledged by Hazrat Abu Bakr who said in his very first address: "Cooperate
with me when I am right but correct me when I commit error; obey me so long as
I follow the commandments of Allah and His Prophet; but turn away from me when
I deviate."
Freedom
Of Expression:
Islam
gives the right of freedom of thought and expression to all citizens of the
Islamic state on the condition that it should be used for the propagation of
virtue and truth and not for spreading evil and wickedness. The Islamic concept
of freedom of expression is much superior to the concept prevalent in the West.
Under no circumstances would Islam allow evil and wickedness to be propagated.
It also does not give anybody the right to use abusive or offensive language in
the name of criticism. It was the practice of the Muslims to enquire from the
Holy Prophet whether on a certain matter a divine injunction had been revealed
to him. If he said that he had received no divine injunction, the Muslims
freely expressed their opinion on the matter.
Freedom
Of Association:
Islam
has also given people the right to freedom of association and formation of
parties or organizations. This right is also subject to certain general rules.
Freedom
Of Conscience And Conviction:
Islam
has laid down the injunction: "There should be no coercion in the matter
of faith." (2:256)
On
the contrary, totalitarian societies totally deprive the individuals of their
freedom. Indeed, this undue exaltation of the state authority curiously enough
postulates a sort of servitude, of slavishness on the part of man. At one time
slavery meant total control of man over man - now that type of slavery has been
legally abolished but in its place totalitarian societies impose a similar sort
of control over individuals.
Protection
Of Religious Sentiments:
Along
with the freedom of conviction and freedom of conscience, Islam has given the
right to the individual that his religious sentiments will be given due respect
and nothing will be said or done which may encroach upon his right.
Protection
From Arbitrary Imprisonment:
Islam
also recognizes the right of the individual not to be arrested or imprisoned
for the offenses of others. The Holy Quran has laid
down this principle clearly:
"No
bearer of burdens shall be made to bear the burden of another." (35:18)
The
Right To Basic Necessities of Life:
Islam
has recognized the right of the needy people for help and assistance to be
provided to them:
"And
in their wealth there is acknowledged right for the needy and the
destitute." (51:19)
Equality
Before Law:
Islam
gives its citizens the right to absolute and complete equality in the eyes of
the law.
Rulers
Not Above The Law:
A
woman belonging to a high and noble family was arrested in connection with
theft. The case was brought to the Prophet, and it was recommended that she
might be spared the punishment of theft. The Prophet replied: "The nations
that lived before you were destroyed by God because they punished the common
man for their offenses and let their dignitaries go unpunished for their
crimes; I swear by Him Who holds my life in His hand that even if Fatima, the
daughter of Muhammad, had committed this crime, I would have amputated her
hand."
The
Right To Participate In The Affairs Of State:
"And
their business is (conducted) through consultation among themselves."
(42:38)
The
"Shura" or the legislative assembly has no
other meaning except that the executive head of the government and the members
of the assembly should be elected by free and independent choice of the people.
Lastly,
it is to be made clear that Islam tries to achieve the above mentioned human
rights and many others not only by providing certain legal safeguards but
mainly by inviting mankind to transcend the lower level of animal life to be
able to go beyond the mere ties fostered by the kinship of blood, racial
superiority, linguistic arrogance, and economic privileges. It invites mankind
to move on to a plane of existence where, by reason of his inner excellence,
man can realize the ideal of the Brotherhood of man.