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Human
Rights In Islam
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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."
(5:32)
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."
(5:44)
Human
Rights In An Islamic State
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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 Paradise."
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The
Protection Of Honor:
The Holy Quran lays down:
"You
who believe, do not let one (set of) people make fun of another
set."
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"Do
not defame one another."
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"Do
not insult by using nicknames."
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"Do
not backbite or speak ill of one another."
(49:11-12)
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Sanctity
And Security Of Private Life:
The Quran has laid down the injunction:
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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.
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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."
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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.
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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.
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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.
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