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Human rights in Islam

By Syed Imad-ud-Din Asad


IT is a popular belief in the West, owing to their deficient knowledge of the Quran and the Traditions of the Prophet (PBUH), that Islam supports values and structures that are incompatible with the principles of human rights. In fact, Islam established the sanctity of human rights and advocated their promotion and enforcement, about 1400 years before the United Nations embodied them in the Universal Declaration of Human Rights.

If we consider human rights as a yardstick for evaluating civilizations, we would come to the conclusion that the world was not very civilized before the advent of Islam. Though there were great civilizations before Islam, they are held high in regard mainly because of their contributions in the fields of arts and sciences — none of them did anything to place human rights in a permanent manner. Advancement in human rights, if there were any, would derive their legality from a particular ruler whoever is in place and his successor would not be bound to extend them: human rights granted by a ruler could be taken away by another if deemed necessary or expedient.

It was in the 16th and 17th centuries that the western political thinkers and jurists educated the masses about the notions of civil liberties and fundamental rights. This awareness prompted the people to strive for their rights resulting in a bitter series of tussles between the rulers and the subjects. Privileges were stubbornly withheld by the rulers, whereas, the subjects fought vehemently for them. Revolutions took place, and with each revolution the people won a new concession. In this way, through the ordeal of bloodshed and struggle, a growing body of rights developed.

Islam, on the contrary, took a significantly different course. First of all, as God Himself had conferred them, the people did not have to violently snatch these rights from some ruler. Secondly, being the rights ordained by God, human rights cannot be abolished or abrogated by any man or group of men. Every Muslim ruler or government must recognize and enforce them as they are part and parcel of the Islamic faith. If one omits to do so, or denies them, or practically violates them while paying lip-service to them, the verdict of the Quran in such a case is clear and unequivocal: “...And whoever judges not by what Allah has revealed, those are the disbelievers.” (5:44). “...And whoever judges not by what Allah has revealed, those are the transgressors.” (5:47) Some of the rights that Islam declares all human beings should possess are:

Right to life: The Quran upholds the sanctity of human life and accords full protection to it. All forms of manslaughter are regarded as heinous crimes. It is said in the Quran: “...Whoever kills a person, unless it be for manslaughter or for mischief in the land, it is as though he had killed all humanity...” (5:32). “...And kill not the soul which Allah has made sacred except in the course of justice...” (6:152).

Right to equality: Islam disregards discrimination between persons on the basis of colour, race, nationality, nobility of birth, wealth, political status, gender, etc. Superiority of a person is determined only on the basis of piety, righteousness, and moral excellence. In his farewell sermon, the Prophet declared: “Righteous actions are the only mark of distinction and not wealth, birth, or status in life.”

Similarly, the Quran proclaims: “O mankind, We have created you from a male and a female, and made you into tribes and families that you may know each other. Surely the noblest of you with Allah is the (one who is the) most righteous of you. Surely Allah is Knowing, Aware.” (49:13)

Right to justice: Immense stress has been laid by the Quran on the right to seek justice and the duty to perform justice: “...When you judge between people, you judge with justice...” (4:58) “O you who believe, be maintainers of justice...” (4:135) “O you who believe... let not hatred of a people incite you not to act equitably. Be just; that is nearer to observance of duty...”(5:8)

Right to respect: Islam declares that each person, irrespective of his faith, race, gender, or wealth, is worthy of respect. The right to honour and self-respect is inviolable. The Quran says: “And those who malign believing men and believing women undeservedly, they bear the guilt of slander and manifest sin.” (33:58)

“O you who believe, let not a folk deride a folk, perchance they may be better than they (are); nor let women (deride) women, perchance they may be better than they (are); neither defame one another, nor insult one another by nick names. Bad is the name of lewdness after faith... Neither backbite one another...” (49:11,12)

Right to privacy: An individual’s right to domestic and personal privacy has been clearly recognised by the Quran: “O you who believe, enter not houses other than your own houses, until you have asked permission... This is better for you that you may be mindful.” (24:27) “O you who believe, avoid most of suspicion... and spy not...” (49:12)

Right to freedom of religion: In an Islamic state every citizen is free to profess and practise any religion that he has adopted. Individuals and government have been strictly forbidden to interfere in the religious affairs of non-Muslim citizens. It is said in the Quran: “There is no compulsion in religion...” (2:256). “And if thy Lord had pleased, all those who are in the earth would have believed, all of them. Wilt thou then force men till they are believers?” (10:99) “And say: the truth is from your Lord; so let him who please believe, and let him who please disbelieve...” (18:29)

Right to protest against oppression and injustice: Every citizen of the Islamic state has the right to resist and protest against oppression and injustice. There are numerous Traditions of the Prophet in this regard: “Abu Sayeed reported that the Messenger of Allah said, ‘The best jihad is that of one who says a true word before a tyrant’.” (Ibn Majah, Tirmizi, Abu Daud). “Abu Sayeed reported that the Messenger of Allah said, ‘Whoever from among you comes across a certain undesirable thing, must stop it by his hands. If it is not possible for him, he must stop it by his tongue. And if this also is not possible, he must condemn it in his heart — and this is the weakest position of belief’.” (Muslim)

Right to education: The pursuit of knowledge is considered a task of great importance in Islam. It is pointed out in the Quran: “...Say (unto them, O Muhammad): Are those who know equal with those who know not? But only men of understanding will pay heed.” (39:9)

Following are some traditions of the Prophet that describe the significance of education:

“Anas reported that the Messenger of Allah said, ‘Search for knowledge is compulsory upon every Muslim man and woman’.” (Ibn Majah). “Anas reported that the Messenger of Allah said, ‘Whoever goes out in search of knowledge, is in the path of Allah till he returns’.” (Tirmizi).

Right to earn: Islam grants an individual the right to do any lawful work and to pursue any lawful profession for earning his livelihood. The rewards of labour belong to the one who has made the effort. The Quran decrees: “...For men is the benefit of what they earn. And for women is the benefit of what they earn...” (4:32)

The right to earn also implies the right to get a job if one has no employment or occupation. The following Tradition of the Prophet is evident of it: “A man came to the Messenger of Allah and requested for alms. The Prophet said, ‘Have you got anything in your house?’ He replied, ‘Yes, I have a woollen carpet... and a cup...’ The Prophet said, ‘Come to me with both these things.’ The man did so. The Prophet took them and asked the people around him, ‘Who will buy these two?’... A man said, ‘I will take them both for two silver coins.’

The Prophet gave the things to that man and took the coins. He then turned to the man, who had come for help, gave him the coins, and said, ‘Buy food for your family with one of them and buy an axe with the other, then come to me with the axe.’ The man did so. The Prophet fixed a handle to it and said, ‘Go, cut wood and sell it. Come to me after fifteen days.’ When the man came to the Prophet after the prescribed time, he had earned ten silver coins... The Messenger of Allah said to him, ‘This is better for you...’” (Abu Daud)

Following this precedent set by the Prophet, the Islamic state is responsible to provide employment to its citizens if they have none.

Islam has conferred and acknowledged other human rights also. Their details and illustrations can be seen in the Quran, the Traditions, and the teachings of the pious caliphs and other Muslim jurists.
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Adil Memon
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