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HUMAN
RIGHTS IN ISLAM
by
Rifat Hassan
Right
to Life
The
Qur’an upholds the sanctity and
absolute value of human life [1] and
points out that, in essence, the life of
each individual is comparable to that of
an entire community and, therefore,
should be treated with the utmost care
[2].
Right
to Respect
The
Qur’an deems all human beings to be
worthy of respect [3] because of all
creation they alone chose to accept the
“trust” of freedom of the will [4].
Human beings can exercise freedom of the
will because they possess the rational
faculty, which is what distinguishes
them from all other creatures [5].
Though human beings can become “the
lowest of the lowest”, the Qur’an
declares that they have been made “in
the best of moulds” [6], having the
ability to think, to have knowledge of
right and wrong, to do the good and to
avoid the evil. Thus, on account of the
promise which is contained in being
human, namely, the potential to be God’s
vicegerent on earth, the humanness of
all human beings is to be respected and
considered to be an end in itself.
Right
to Justice
The
Qur’an puts great emphasis on the
right to seek justice and the duty to do
justice [7]. In the context of justice,
the Qur’an uses two concepts: “‘adl”
and “ihsan”. Both are enjoined and
both are related to the idea of “balance”,
but they are not identical in meaning.
“‘Adl”
is defined by A.A.A. Fyzee, a well-known
scholar of Islam, as “to be equal,
neither more nor less.” Explaining
this concept, Fyzee wrote: “...in a
Court of Justice the claims of the two
parties must be considered evenly,
without undue stress being laid upon one
side or the other. Justice introduces
the balance in the form of scales that
are evenly balanced.” [8]. “‘Adl”
was described in similar terms by Abu’l
Kalam Azad, a famous translator of the
Qur’an and a noted writer, who stated:
“What is justice but the avoiding of
excess? There should be neither too much
nor too little; hence the use of scales
as the emblems of justice” [9]. Lest
anyone try to do too much or too little,
the Qur’an points out that no human
being can carry another’s burden or
attain anything without striving for
it.[10]
Recognizing
individual merit is a part of “‘adl”,
The Qur’an teaches that merit is not
determined by lineage, sex, wealth,
worldly success or religion, but by
righteousness, which consists of both
right “belief” (“iman”) and just
“action” (“ ‘amal”) [11].
Further, the Qur’an distinguishes
between passive believers and those who
strive in the cause of God pointing out
that though all believers are promised
good by God, the latter will be exalted
above the former [12].
Just
as it is in the spirit of “‘adl”
that special merit be considered in the
matter of rewards, so also special
circumstances are to be considered in
the matter of punishments. For instance,
for crimes of unchastity the Qur’an
prescribes identical punishments for a
man or a woman who is proved guilty
[13], but it differentiates between
different classes of women: for the same
crime, a slave woman would receive half,
and the Prophet’s consort double, the
punishment given to a “free” Muslim
woman 4]. In making such a distinction,
the Qur’an while upholding high moral
standards, particularly in the case of
the Prophet’s wives whose actions have
a normative significance for the
community, reflects God’s compassion
for women slaves who were socially
disadvantaged.
While
constantly enjoining “‘adl”, the
Qur’an goes beyond this concept to “ihsan”,
which literally means, “restoring the
balance by making up a loss or
deficiency” [15]. In order to
understand this concept, it is necessary
to understand the nature of the ideal
society or community (“ummah”)
envisaged by the Qur’an. The word “ummah”
comes from the root “umm”, or “mother”.
The symbols of a mother and motherly
love and compassion are also linked with
the two attributes most characteristic
of God, namely, “Rahim” and “Rahman”,
both of which are derived from the root
“rahm”, meaning “womb”. The
ideal “ummah” cares about all its
members just as an ideal mother cares
about all her children, knowing that all
are not equal and that each has
different needs. While showing undue
favour to any child would be unjust, a
mother who gives to a “handicapped”
child more than she does to her other
child or children, is not acting
unjustly but exemplifying the spirit of
“ihsan” by helping to make up the
deficiency of a child who need special
assistance in meeting the requirements
of life. “Ihsan”, thus, shows God’s
sympathy for the disadvantaged segments
of human society (such as women,
orphans, slaves, the poor, the infirm,
and the minorities)
Right
to Freedom
As
stated earlier, the Qur’an is deeply
concerned about liberating human beings
from every kind of bondage. Recognizing
the human tendency toward dictatorship
and despotism, the Qur’an says with
clarity and emphasis in Surah 3: Al-‘Imran:
79:
It
is not (possible) that a man, to
whom is given the Book, and
Wisdom, And the Prophetic Office,
Should say to people: “Be ye my
worshippers Rather than Allah’s”
On the contrary (He would say):
“Be ye worshippers Of Him Who is
truly The Cherisher of all.”
[16]
The
institution of human slavery is, of
course, extremely important in the
context of human freedom. Slavery was
widely prevalent in Arabia at the time
of the advent of Islam, and the Arab
economy was based on it. Not only did
the Qur’an insist that slaves be
treated in a just and humane way [17],
but it continually urged the freeing of
slaves [18]. By laying down, in Surah
47: Muhammad: 4, that prisoners
of war were to be set free, “either by
an act of grace or against ransom”
[19], the Qur’an virtually abolished
slavery since “The major source of
slaves - men and women - was prisoners
of war” [20]. Because the Qur’an
does not state explicitly that slavery
is abolished, it does not follow that it
is to be continued, particularly in view
of the numerous ways in which the Qur’an
seeks to eliminate this absolute evil. A
Book which does not give a king or a
prophet the right to command absolute
obedience from another human being could
not possibly sanction slavery in any
sense of the word.
The
greatest guarantee of personal freedom
for a Muslim lies in the Qur’anic
decree that no one other than God can
limit human freedom and in the statement
that “Judgment (as to what is right
and what is wrong) rests with God alone”
[21]. As pointed out by Khalid M.
Ishaque, an eminent Pakistani jurist:
The
Qur’an gives to responsible
dissent the status of a
fundamental right. In exercise of
their powers, therefore, neither
the legislature nor the executive
can demand unquestioning
obedience...The Prophet, even
though he was the recipient of
Divine revelation, was required to
consult the Muslims in public
affairs. Allah addressing the
Prophet says: “...and consult
with them upon the conduct of
affairs. And...when thou art
resolved, then put thy trust in
Allah” [22].
Since
the principle of mutual consultation (“shura”)
is mandatory [23], it is a Muslim’s
fundamental right, as well as
responsibility, to participate in as
many aspects of the community’s life
as possible. The Qur’anic proclamation
in Surah 2: Al-Baqarah: 256, “There
shall be no coercion in matters of faith”
[24] guarantees freedom of religion and
worship. This means that, according to
Qur’anic teaching, non-Muslims living
in Muslim territories should have the
freedom to follow their own
faith-traditions without fear or
harassment. A number of Qur’anic
passages state clearly that the
responsibility of the Prophet Muhammad
is to communicate the message of God and
not to compel anyone to believe [25].
The right to exercise free choice in
matters of belief is unambiguously
endorsed by the Qur’an [26] which also
states clearly that God will judge human
beings not on the basis of what they
profess but on the basis of their belief
and righteous conduct, as indicated by Surah
2: Al-Baqarah: 62 which says:
Those
who believe (in the Qur’an) And
those who follow the Jewish
(scriptures), And the Christians
and the Sabians, Any who believe
in God And the Last Day, And work
righteousness, Shall have their
reward With the Lord: on them
Shall be no fear, nor shall they
grieve.
The
Qur’an recognizes the right to
religious freedom not only in the case
of other believers in God, but also in
the case of not-believers in God (if
they are not aggressing upon Muslims)
[27].
In
the context of the human right to
exercise religious freedom, it is
important to mention that the Qur’anic
dictum, “Let there be no compulsion in
religion” [28] applies not only to
non- Muslims but also to Muslims. While
those who renounced Islam after
professing it and then engaged in “acts
of war” against Muslims were to be
treated as enemies and aggressors, the
Qur’an does not prescribe any
punishment for non-profession or
renunciation of faith. The decision
regarding a person’s ultimate destiny
in the hereafter rests with God.
The
right to freedom includes the right to
be free to tell the truth. The Qur’anic
term for truth is “Haqq” which is
also one of God’s most important
attributes. Standing up for the truth is
a right and a responsibility which a
Muslim may not disclaim even in the face
of the greatest danger or difficulty
While the Qur’an commands believers to
testify to the truth, it also instructs
society not to harm persons so
testifying [29].
Right
to Acquire Knowledge
The
Qur’an puts the highest emphasis on
the importance of acquiring knowledge.
That knowledge has been at the core of
the Islamic world-view from the very
beginning is attested to by Surah 96:
Al ‘Alaq: 1-5, which Muslims
believe to the first revelation received
by the Prophet Muhammad.
Asking
rhetorically if those without knowledge
can be equal to those with knowledge
[30], the Qur’an exhorts believers to
pray for advancement in knowledge [31].
The famous prayer of the Prophet
Muhammad was “Allah grant me Knowledge
of the ultimate nature of things” and
one of the best known of all traditions
(“ahadith”) is “Seek knowledge
even though it be in China.”
According
to Qur’anic perspective, knowledge is
a prerequisite for the creation of a
just world in which authentic peace can
prevail. The Qur’an emphasizes the
importance of the pursuit of learning
even at the time, and in the midst, of
war [32].
Right
to Sustenance
As
pointed out by Surah 11: Hud: 6, every
living creature depends for its
sustenance upon God. A cardinal concept
in the Qur’an - which underlies the
socio-economic-political system of Islam
- is that the ownership of everything
belongs, not to any person, but to God.
Since God is the universal creator,
every creature has the right to partake
of what belongs to God [33]. This means
that every human being has the right to
a means of living and that those who
hold economic or political power do not
have the right to deprive others of the
basic necessities of life by
misappropriating or misusing resources
which have been created by God for the
benefit of humanity in general.
Right
to Work
According
to Qur’anic teaching every man and
woman has the right to work, whether the
work consists of gainful employment or
voluntary service. The fruits of labour
belong to the one who has worked for
them - regardless of whether it is a man
or a woman. As Surah 4: An-Nisa’:
32 states:
...to
men Is allotted what they earn, And to
women what they earn [34]
Right
to Privacy
The
Qur’an recognizes the need for privacy
as a human right and lays down rules for
protecting an individual’s life in the
home from undue intrusion from within or
without [35].
Right
to Protection from Slander, Backbiting,
and Ridicule
The
Qur’an recognizes the right of human
beings to be protected from defamation,
sarcasm, offensive nicknames, and
backbiting [36]. It also states that no
person is to be maligned on grounds of
assumed guilt and that those who engage
in malicious scandal-mongering will be
grievously punished in both this world
and the next [37].
Right
to Develop One’s Aesthetic
Sensibilities and Enjoy the Bounties
Created by God
As
pointed out Muhammad Asad, “By
declaring that all good and beautiful
things to the believers, the Qu’ran
condemns, by implication, all forms of
life-denying asceticism, world-
renunciation and self-mortification.[38]
In fact, it can be stated that the right
to develop one’s aesthetic
sensibilities so that one can appreciate
beauty in all its forms, and the right
to enjoy what God has provided for the
nurture of humankind, are rooted in the
life-affirming vision of the Qur’an.[39]
Right
to Leave One’s Homeland Under
Oppressive Conditions
According
to Qur’anic teaching , a Muslim’s
ultimate loyalty must be to God and not
to any territory. To fulfill his
Prophetic mission, the Prophet Muhammad
decided to leave his place of birth,
Mecca, and emigrated to Medina. This
event (“Hijrah”) has great
historical and spiritual significance
for Muslims who are called upon to move
away from their place of origin of it
becomes an abode of evil and oppression
where they cannot fulfill their
obligations to God or establish
justice.[40]
Right
to “The Good Life”
The
Qur’an uphold the right of the human
being only to life but to “ the good
life “. This good life, made up of
many elements, becomes possible when a
human being is living in a just
environment. According to Qur’anic
teaching, justice is a prerequisite for
peace, and peace is a prerequisite for
human development. In a just society,
all the earlier-mentioned human rights
may be exercised without difficulty. In
such a society other basic rights such
as the right to a secure place of
residence, the right to the protection
of one’s personal possessions, the
right to protection of one’s
covenants, the right to move freely, the
right to social and judicial autonomy
for minorities, the right to the
protection of one’s holy places and
the right to return to one’s spiritual
center, also exist [41].
1.
Reference here is to, Surah 6: Al-An’am:
151.
2. Reference here is to, Surah 5: Al-Ma’idah:32.
3. For instance, see Surah 17: Al-Isra’:
70.
4. Reference here is to Surah 33: Al-Ahzab:
72.
5. Reference here is to Surah 2: Al-Baqarah:
30-34.
6. Reference here is to Surah 95:
At-Tin: 4-6.
7. For instance, see Surah 5: Al-Ma’idah:
8 and Surah 4: An- Nisa’: 136.
8. A.A.A. Fyzee, A Modern Approach to
Islam, p. 17 (Lahore: Universal Books,
1978).
9. Ibid.
10. Reference here is to Sarah 53: An-Najm:
38-39.
11. Reference here is to Surah 2: Al-Baqarah:
177.
12. Reference here is to Surah 4: An-Nisa’:
95-96.
13. Reference here is to, Surah 24:
An-Nur:2.
14. Reference here is to, Surah 4: An-Nisa’:
25; Surah 33: Al-Ahzab: 30.
15. G.A. Parwez, Tabweeb-ul-Qur’an,(Urdu),
Volume I, p. 78 (Lahore: Idara-e-Tulu’-e-Islam,
1977) .
16. Abdullah Yusaf Ali(translation) The
Holy Qur’an, p. 148 (Brentwood,
Maryland: Amana Corporation, 1989).
17. For instance, in Surah 4: An-Nisa’:
36.
18. For instance in Surah 2: Al-Baqarah:
177; Surah 4: An’Nisa’: 92; Surah 5:
Al-Ma’idah: 89; Surah 9: At-Tawbah:60;
Surah 24: An-Nur: 33; Surah 58: Al-Mujadalah:
3.
19.
Muhammad Asad (translation) The Message
of the Qur’an, p. 778 (Gibraltar: Dar
Al-Andalus, 1980).
20. G.A. Parwez, Islam: A Challenge to
Religion, p. 346 (Lahore: Idara-e-Tulu’-e-Islam,
1986).
21. Reference here is to Surah 12: Yusuf:
40.
22. “Islamic law - Its Ideals and
Principles” in The Challenge of Islam,
p.157 (A. Gauher, editor, 1980; London:
The Islamic Council of Europe).
23. Reference here is to the Qur’an,
Surah 42: Ash-Shura: 38.
24. The Message of the Qur’an, p. 57.
25. For instance, see Surah 6: Al-An’am:
107; Surah 10: Yunus: 99; Surah 16: Al-Nahl:
82; Surah 42: Ash-Shura: 48.
26. For instance, see Surah 18: Al-Kahf:
29.
27. For instance, see Surah 6: Al-An’am:
108.
28. Reference here is to Surah 2: Al-
Baqarah: 256; The Holy Quran, p-106.
29. Reference here is to Surah 4: An-Nisa’:
135.
30. Reference here is to Surah 39:
Az-Zumar: 9.
31. Reference here is to Surah 20:
Ta-Ha: 114.
32. Reference here is to Surah 9: At-Tawbah:
122.
33. For instance, see Surah 6: Al-An’am:
165; Surah 67: Al-Mulk:15.
34. The Holy Qur’an, p. 194.
35. For instance, see Surah 24: An-Nur:
27-28, 58; Surah 33: Al-Ahzab: 53; Surah
49: Al- Hujurat : 12.
36. Reference here is to Surah 49: Al-Hujurat:
11-12.
37.
For instance, see Surah 24: An-Nur:
16-19; also see Surah 4: An-Nisa’:
148-149.
38. The Message of the Qur’an, p. 207.
39. For instance, see Surah 7: Al-A’raf:
32.
40. For instance, see Surah 4: An-Nisa’:
97-100.
41. In this context, reference may be
made to several Qur’anic verses. e.g.,
Surah 2:Al- Baqarah:229; Surah 3: Al-’Imran:
17,77; Surah 5: Al-Ma’idah:1; 42-48;
Surah 9: At-Tawbah: 17; Surah 17: Al-Isra’:
34; Surah 67: Al-Mulk:15.
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