|
subject |
Social Justice |
|
topic |
Human Rights |
|
grade |
Eight |
|
time |
30 minutes |
|
objective |
To enable students to understand the Islamic view on human rights. |
|
instructional material |
Info Sheet 8f – Human Rights in Islam |
INTRODUCTION
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)
DEVELOPMENT
Divide the class into groups of 3 or 4, and let each group read a section of the Info Sheets.
REINFORCING ACTIVITIES
Let one person from each group summarise what the group read.
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.