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Human Rights in Islam:
Bismillahi ar-Rahmani ar-Raheem
In the Name of Allah, the Most Compassionate, the Most Merciful
(Published by the Institute of Islamic Information
and Education (III&E))
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 honour, 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, colour or race. Every human being is
thereby related to all others and all become one community of
brotherhood in their honourable 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 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 Paradise."
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 defence 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 offences of others. The Holy Quran has laid
down this principle clearly
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 of Human Beings:
-
This has been exemplified by the Prophet in one of his sayings thus:
"No Arab has any superiority over a non-Arab, nor does a non-Arab have
any superiority over an Arab. Nor does a white man have any
superiority over a black man or the black man any superiority over
the white man. You are all the children of Adam, and Adam was created
from clay" (al-Bayhaqi and al-Bazzaz).
Rulers Not Above The Law:
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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 offences 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.
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