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I-
Meaning of Human Rights
II- Basic
human rights
III- Prophet’s Farewell Address
Human
rights are the rights and freedoms of all human beings. The
expression “human rights” is relatively new, having come into
everyday parlance only since World War II and the founding of the
United Nations in 1945. It replaces the phrase “natural rights”
which fell into disfavour in part because the concept of natural
law (to which it was intimately linked) had become a part of great
controversy, and the later phrase “the rights of men”, which was
not universally understood to include the rights of women.
Rights are those conditions of social life without which man
cannot be at his best or give of his best what is needful to the
adequate development and expression of his personality. Looked at
from another angle, rights are those opportunities the absence of
which deprives man of something essential. A man without rights,
absolutely dependent on the caprice of a superior authority, is a
slave. Political thought of every community has, therefore,
assumed the existence of these rights. Laski in his book “A
Grammar of Politics” holds that every state is known by the rights
that it maintains. Our method of judging its character lies, above
all, in the contribution that it makes to the substance of man.
Human
rights are variously called. Sometimes they are called fundamental
rights, sometimes they are called civil rights and in reference to
freedom from state restrictions they are called civil liberties.
However, all these terms have no fixed and uniform definition.
Often they are used interchangeably. By fundamental rights we
generally understand those rights which are considered inalienable
and in no circumstances they can be denied. Such rights are very
few but generally they are embodied in constitutional provisions
of modern states. They not only guide policy but in fact override
any administrative act or legislative enactment contrary to them.
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II- Basic human rights
Before we discuss the human rights granted by Islam, we should
keep in mind that the rights given by Islam have been bestowed
upon human beings by Allah, the Almighty God of the universe in
His Book ‘Al-Qur’an’ and by Muhammad (PBUH) the last Messenger of
God and the Prophet of Islam in his Sunnah, and therefore, these
rights cannot be violated or abrogated by the Islamic state. These
rights even cannot be altered or modified. The Islamic state can
only interpret these rights and if it wishes it can grant more
rights in accordance with the spirit of Islam, but it cannot
suspend them in any circumstance not even in war. On the contrary,
the rights granted by the modern non-Muslim states to their
citizens (after a long struggle made by the latter) in their
constitutions, are altered, modified and even suspended or
abrogated by their parliaments, and that is often done on pretext
of national emergencies.
List
of the fundamental rights and civil liberties granted by Islam to
the citizens of the Islamic state is quite exhaustive. It includes
among others:
1.
Right to protection of life and
person.
2.
Property rights.
3.
Right to personal freedom.
4.
Right to equality.
5.
Right to protection of honour.
6.
Freedom of religion.
7.
Freedom of thought and expression.
8.
Right to basic needs.
9.
Right to Justice.
10.
Right of being heard.
11.
Freedom from responsibility of
others’ actions.
12.
Right to freedom of work and
profession.
13.
Right to education.
14.
Right to privacy.
15.
Family rights.
16.
Political rights.
However, in this chapter we shall discuss, because of space
constraints, only few most important of the above listed rights.
It should be kept in view that all the rights granted by Islam are
meant for all the male and female citizens of an Islamic state
without any discrimination based on gender, race, colour,
language, blood, place of birth, caste or creed.
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Right to protection of Life and Person
Of
all the things of the world, life of man is no doubt the most
valuable. Rights arise because of human life and without that
there can be neither state nor rights. Life is, in fact, a trust
of Allah and it is our bounden duty to preserve it and to protect
it in all circumstances. The right to protection and security of
life is, therefore, the most fundamental human right and Islam as
the religion of humanity has greatly stressed the sanctity of
human life. Al-Qur’an, the revealed book of Islam says, after
condemning the first human murder committed by a son of Adam (Cains)
who murdered his brother (Abel): “For that cause we decreed for
the children of Israel that whosoever killeth a human being for
other than manslaughter or corruption in the land, it shall be as
if he had killed all mankind, and whoso saveth the life of one, it
shall be as if he had saved the life of the whole mankind ……”
(5:32). This verse emphatically asserts that human life is very
valuable. It is so valuable that murder of even one individual
without justification will be treated as if the whole mankind were
killed, and the preservation of the life of a single person will
be taken as if the whole human race had been saved. A few other
verses of the Qur’an are quoted to emphasise how strongly the
murder of a human being has been forbidden by the holy book of
Islam.
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…… And that ye slay not the life which Allah has
made sacred, save in the course of justice. This He hath commanded
you, in order that ye may discern. — (6:151)
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Slay not your children, fearing a fall to poverty,
We shall provide for them and for you. Lo! the slaying of them is
a great sin. — (17:31)
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And slay not the life which Allah hath forbidden
save with right. Whoso is slain wrongfully, We have given power
unto his heir, but let him not commit excess in slaying. Lo! he
will be helped. — (17:33)
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Right to Equality
Islam
has conferred equal rights on all human beings and no distinction
or discrimination is made between man and man on the basis of
race, caste, colour, nationality, sex, language, faith or place of
birth. It has removed all artificial and man-made barriers and
brings all human beings on the same level in social, economic and
political areas of life. According to the teachings of Islam, all
mankind has sprung from one man and one woman. Just as there is no
reason for discrimination between the children of one parents,
similarly, it would be absurd to discriminate between man and man
or between man and woman on any basis what-so-ever. The Qur’an
says: O mankind! Lo! We have created you from a male and a female
and have made you nations and tribes that you may know one
another. Lo! the noblest of you, in the Sight of Allah, is the
best in conduct…..(49:13). Thus all human beings are equal
according to the revealed book of Islam and there is no reason why
there should be made any distinction between them. However,
superiority of one over the other in the Sight of Allah is due to
one’s virtues and merits. One who is more pious and righteous
would be considered more honourable. The basis of superiority is
thus moral excellence and good conduct instead of race, tribe,
caste, nationality or colour.
This
point was further clarified by the Prophet of Islam by his words
and actions. In his famous sermon delivered on the occasion of
farewell pilgrimage, he declared: “Verily all the rites and
traditions of the period of ignorance are trampled under my feet.”
“O people! be aware: your God is One, No Arab has any superiority
over a non-Arab, and no non-Arab any superiority over an Arab, and
no white one has any superiority over a black one, and no black
one any superiority over a white one, except on the basis of
taqwa (piety). The most honourable among you in the Sight of Allah
is he who is the most pious and righteous.” Again, according to
another tradition, the Prophet said: “You are all the children of
Adam, and Adam was created from dust. Let the people give up
boasting of their ancestors, otherwise, they will stand more
degraded than a mean insect in the Sight of Allah.” Women were not
treated well and so the Prophet (PBUH) declared: “Fear Allah in
your treatment of women. You have certain rights over them and
they have certain rights over you.” About down-trodden people like
slaves, Prophet Muhammad (PBUH) enjoined upon his followers:” Do
justice to your slaves. See that you give them to eat of what you
eat and clothe them with what you clothe yourselves.”
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Freedom of Religion
The
right to religion and conscience provides every citizen liberty of
belief and worship. It means everyone is free to profess and
practice any religion he has adopted. He is free to perform the
rites connected with his religious beliefs and the state would
neither interfere nor prevent him from doing so.
Islam
guarantees religious freedom to every individual. In an Islamic
state, every citizen is at liberty to profess and practice any
religion which he has chosen. It is the fundamental right of an
individual in an Islamic state to follow any religion and perform
worship and rituals according to his religious beliefs. The state
does not interfere in religious matters and shows complete
tolerance to those who profess and practice religions other than
Islam though the religion of majority is Islam. Even the Muslim
citizens are not allowed to interfere in the religious matters of
non-Muslims or obstruct them from following or practicing their
religion. The Qur’an, the revealed book of Islam, says:
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There is no compulsion in religion…….. (2:256)
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Say: O disbelievers! I worship not that which ye
worship; Nor worship ye that which I worship. And I shall not
worship that which ye worship. Nor will ye worship that which I
worship. Unto you your religion and unto me my religion.
(109:1-6)
The
above mentioned verses show that there is no compulsion in the
matters of religion in an Islamic state. Everybody is free to
follow and practice his religion on the basis of the Qur’anic
principle: “Unto you your religion and unto me my religion.” It is
because everyone is responsible for his own actions before God and
none is accountable for the actions of others. Hence nobody can be
forced to embrace Islam.
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Right to Protection of Property and Honour
Property rights include right to earn and acquire property, right
to own, possess and enjoy property, and finally the right to
alienate it through sale, gift, exchange, will or through other
lawful means. Islam recognized all these rights to property and
granted the same to its followers some fourteen hundred years ago.
Islam
allows an individual to acquire property, movable or immovable,
through lawful means. He can earn as much wealth as he can through
his knowledge, skill, experience and effort. The Qur’an says: “……
unto men a fortune from that which they have earned, and unto
women a fortune from that which they have earned …” (4:32). At
another place, it says: “….. And that man hath only that for which
he maketh effort. And that his effort will be seen. And afterward
he will be repaid for it with fullest payment……” (53:39-41). Thus
there is no restriction or limit on acquiring of property provided
it is acquired through permitted, fair, moral and legal means. In
the Islamic state, no body is allowed to earn and acquire wealth
and property or earn livelihood through unlawful and prohibited (Haram)
means. The Qur’an says: “And eat not up your property among
yourselves in vanity, nor seek by it to gain the hearing of judges
that ye may knowingly devour a portion of the property of others
wrongfully.” (2:188). At another place it exhorts the believers
not to usurp each other’s wealth by unlawful means by saying: “O
ye who believe! Squander not your wealth among yourselves in
vanity, except it be a trade by mutual consent, and kill not
yourselves. Lo! Allah is ever Merciful unto you” (4:29).
The
right to protection of honour means that each citizen of the
state, irrespective of his race, colour, faith, property, sex or
status, possesses honour, dignity and self-respect, and that it
should not be violated by any individual or even by the state. In
Islam right to honour and self-respect is inviolable. It is the
duty of an Islamic state to protect the honour of its citizens. It
cannot pass any law or do any act which ridicules or humiliates or
brings any dishonour to any of its citizens. The state has also an
obligation to protect the honour and dignity of its citizens from
others. The duty is also obligatory on every member of the Muslim
Ummah not to degrade or humiliate any other one who is his
brother.
The
Qur’an says: “O ye who believe! Let not a folk deride a folk who
may be better than they (are), nor let women (deride) women who
may be better than they are; neither defame one another, nor
insult one another by nicknames. Bad is the name of lewdness after
faith. And whoso turneth not in repentance, such are evil-doers. O
ye who believe! Shun much suspicion for lo! some suspicion is a
crime. And spy not, neither backbite one another. Would one of you
love to eat the flesh of his dead brother? Ye abhor that (so abhor
the other)! And keep your duty (to Allah). Lo! Allah is Relenting,
Merciful.” (49:11-12)
The
Prophet of Islam in his famous farewell address which was
delivered by him in his last pilgrimage, said: “O people! Surely
your blood, your property and your honour are as sacred and
inviolable as the inviolability of this day of yours, this month
of yours and this very town of yours. Surely you will soon meet
your Lord and you will be held answerable for your actions.”
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Right to Basic Needs
Another right which has been greatly stressed in Islam is that of
provision of basic necessities like food, clothing and shelter to
every individual. It is an essential right of every person that he
should be provided with these basic human needs for him and his
family if he is unable to earn and arrange them due to any
disability.
The individual has a legal right to demand from the state that it
should fulfil its obligations of providing him with a livelihood
before it demands obedience from him. This is one of the
fundamental rights of a citizen of an Islamic state that he should
be provided with the basic necessities of life.
Islamic state has been vested with the right to collect Zakat from
its well-to-do citizens, to collect Ushr, to collect Khums from
spoils of war, to acquire Fai properties and, above all, to
collect Jizyah and Kharaj so that adequate sources should be
available at her disposal for meeting its expenditure and for
providing basic needs to the poor and the distressed who are
unable to provide for themselves. Following verses of the Qur’an
throw light on the purpose of Zakat, alms (Sadaqat), spoils of
war, etc, which are collected by the Islamic state:-
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And know that whatever ye take as spoils of war,
lo! a fifth thereof is for Allah, and for the Messenger and for
the kinsman (who hath need) and orphans and the needy and the
wayfarer………. (8:41)
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The alms (Zakat) are only for the poor and the
needy and those who collect them and those whose hearts are to be
reconciled and to free the captives and the debtors, and for the
cause of Allah, and for the wayfarers; (9:60)
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That which Allah giveth as spoils unto His
messenger from the people of the townships, it is for Allah and
His Messenger, and for the near of him and the orphans and the
needy and the wayfarer that it become not a commodity between the
rich among you……. (59:7)
The
duties of the Islamic state towards the poor and the needy have
been further
elaborated by the Prophet of Islam in his following
sayings:-
-
Allah has made Zakat obligatory upon the Muslims.
It is to be collected from the wealthy among you and distributed
among the needy ones.
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The government is the guardian of anyone who has no
other guardian.
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When anyone dies in debt or leaves behind
dependants unprovided for, the latter should come to me because I
am their guardian (as head of state)
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If anybody dies while he owes a debt and does not
leave behind any property for its payment then the responsibility
for its payment is mine (as head of the state). But if anyone
leaves any property behind, it is for his heirs.
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Political Rights
Modern democratic states give to their citizens political rights
like the right to vote, the right to be elected, the right to seek
a public office, the right to criticize the government, etc. All
these rights have been granted by Islam to the citizens of the
Islamic state. The same are discussed in the following
paragraphs:-
One
of the attributes of the believers, according to the Qur’an
(42:38) is that their affairs are a matter of counsel. This verse
is very important in the socio-political life of Islam. It is of
great constitutional significance and has laid down the
foundations of Islamic democracy. According to the Qur’an the
believers are to decide their matters with mutual consultation and
no autocrat or dictator or despot has the authority to decide for
them or impose his decision on them. The believers, men as well as
women, have equal rights to participate, to discuss and decide
their matters regarding social, public and political issues. In
the matters where the Prophet of Islam did not receive any
guidance from Allah through revelation he used to consult his
companions. Matters regarding Jihad, the social or political life
of the community were decided with mutual consultations by the
Prophet (PBUH). Men and women both were consulted and many such
incidents have been reported in the compilations of Ahadith and
books of Islamic history.
This
idea of mutual consultation lead to the establishment of Shura or
consultative body in the early days of Islam and can lead to the
right of vote, election of representative, establishment of
parliaments and election of the heads of Islamic republics in
modern times. Women have equal rights with men to elect their
representatives, contest elections and seek public offices.
Political rights also include the right to criticize the
government. This right is implicit in the verses of the Qur’an
which read: “…..obey Allah, and obey the messenger and those of
you who are in authority; and if ye differ concerning any matter,
refer it to Allah and the messenger ….”(4:59); “…. And enjoin good
and forbid wrong ….” (22:41). Thus, the Qur’an hints at the
possibility of differences between the ruler and the ruled and
ordains that such differences should be resolved in the light of
the teachings of Allah and His messenger. The duty of a Muslim to
enjoin good and forbid wrong entitles him to criticize the
government – the rulers as well as the government officials – if
they are doing wrong, committing injustices, oppressing the people
and are not working for the good and betterment of the citizens.
Criticizing oppressive rulers has been encouraged by the Prophet
of Islam. According to a tradition, he is stated to have said:
Verily, the greatest jihad (holy war) is the expression of a word
of truth before a tyrant.”
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III- Prophet’s Farewell Address
During his Farewell Pilgrimage Prophet Muhammad (peace be upon
him) delivered his famous address on 9th of Zilhajj 10 A.H. at
Mount Arafat to multitude of believers exceeding one lac according
to some estimates. This address is known as Address from the mount
or Farewell Address and is regarded not only by the Muslims but
also by non-Muslim impartial scholars and historians as gist of
Islamic teachings. This address which is fairly comprehensive
contains in itself, apart from Islamic teachings on devotional
acts, a charter of human rights which can be favourably compared
with Universal Declaration of Human Rights issued by United
Nations Organization some fourteen centuries later (1948). It
would be most appropriate if we conclude this chapter with some of
the extracts from the said historical address of the Prophet of
Islam.
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Ye people! Listen to my words: I will deliver a
message to you, for I know not whether, after this year, I shall
ever be amongst you here again. O people! Verily your blood, your
property and your honour are sacred and inviolable until you
appear before your Lord, as this day and this month is sacred for
all. Verily you will meet your Lord and you will be held
answerable for your actions. Have I not conveyed the message? O
Allah! be my witness.
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He who has any trust with him he should restore it
to the person who deposited it with him.
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Beware, no one committing a crime is responsible
for it but he himself. Neither the son is responsible for the
crime of his father nor the father is responsible for the crime of
his son.
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O people! Listen to my words and understand them.
You must know that a Muslim is the brother of the Muslim and they
form one brotherhood. Nothing of his brother is lawful for a
Muslim except what he himself allows willingly. So you should not
oppress one another. O Allah! have I not conveyed the message?
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Behold! All practices of paganism and ignorance are
now under my feet. The blood revenges of the days of Ignorance are
remitted. The first claim on blood I abolish is that of Ibn
Rabi’ah Harith who was nursed in the tribe of Sa’d and whom the
Hudhayl killed.
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Usury is forbidden, but you will be entitled to
recover your principal. Wrong not and you would not be wronged.
Allah has decreed that there should be no usury and I make a
beginning by remitting the amount of interest which ‘Abbas b. Abd
al-Muttalib has to receive. Verily it is remitted entirely.
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O people! fear Allah concerning women. Verily you
have taken them on the security of Allah and have made their
persons lawful unto you by words of Allah! Verily you have got
certain rights over your women and your women have certain rights
over you. It is incumbent upon them to honour their conjugal
rights and, not to commit acts of impropriety which, if they do,
you have authority to chastise them, yet not severely. If your
wives refrain from impropriety and are faithful to you, clothe and
feed them suitably. Behold! Lay injunctions upon women but kindly.
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O people! Listen and obey though a mangled
Abyssinian slave is your amir if he executes (the ordinances of)
the Book of Allah among you.
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O people! Verily Allah has ordained to every man
the share of his inheritance. The child belongs to the
marriage-bed and the violator of wedlock shall be stoned. He who
attributes his ancestry to other than his father or claims his
clientship to other than his masters, the curse of Allah, that of
the Angels, and of the people be upon him. Allah will accept from
him neither repentance nor righteousness.
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And your slaves! See that you feed them with such
food as you eat yourselves; and clothe them with the clothes that
you yourselves wear. And if they commit a fault which you are not
inclined to forgive, then part with them for they are the servants
of Allah and are not to be chastised.
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O people! Verily your Lord is one and your father
is one. All of you belong to one ancestry of Adam and Adam was
created out of clay. There is no superiority for an Arab over a
non-Arab and for a non-Arab over an Arab; nor for white over the
black nor for the black over the white except in piety. ‘Verily
the noblest among you is he who is the most pious.’ (49:13)
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