Human Rights in Islamic State
| The
Holy Quran and the Traditions of the Holy Prophet (PBUH)
give an exhaustive list of rights, from preservation and
promotion of life to social, economic and political rights,
which humans owe to other humans.
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"Human Rights are inscribed in the hearts of People; they were there long before lawmakers drafted their first proclamation." |
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What are
Human Rights?
Human beings are born equal in dignity and
rights. These rights are moral claims, which are inalienable
and inherent in all human beings. The universality of Human
Rights simply means that
“All human beings, by virtue of their being human, have
the same rights everywhere all the times.”
A human being from one part of the world does not have any
less right than another from a different part of the world.
Cranston (1973) defines Human Rights as
“Moral rights which all men everywhere at
all times ought to have and something which no one maybe deprived
of without grave affront to justice; something which is owed
to every human being simply because he is human.”
Wasserstrom (1964) outlines the four characteristics, which
a human right must have:
- First it must be possessed by all human
beings, as well as only by human beings.
- Second, equally by all human beings.
- All human beings possess human Rights,
we can rule out as possible candidates any of those
rights which one might have by virtue of occupying any particular
status or relationship, such as that of parent, president,
or promises.
- If there are
any Human Rights, they have the additional characteristic
of being assertable, in a manner of speaking, “against
the whole world.”
Stark (1989) sees Human Rights as
“Internationally recognized norms for behavior
of states and other persons in international law”.
Buergenthal (1988) defines Human Rights by reference to the
law as
“The law, which deals with the protection
of individuals and groups against violation by governments”.
Human Rights
in an Islamic State
The Holy Quran and the Traditions of the Holy Prophet (PBUH)
give an exhaustive list of rights, from preservation and promotion
of life to social, economic and political rights, which humans
owe to other humans. Some of these rights are listed below.
1. Social
Rights
Security
of Life and Property:
In the Holy Prophets (PBUH) last sermon, delivered
on the occasion of the Farewell Hajj, he said: “Your
lives and properties are forbidden to one another until you
meet your Lord on the Day of Resurrection.” The Holy
Prophet (peace be upon him) also provided for the Dhimmis
(non-Muslim citizens of the Muslim state) by declaring:
“ One who kills a man under convenant (i.e. Dhimmi)
will not even smell the fragrance of Paradise.”
First basic human right and ethical obligation, declared by
the Quran is respect, preservation and promotion of life (nafs)
as such.
That
whosoever killeth a human being for Other than
manslaughter or corruption in the earth, It shall
be as if he had killed all mankind, and 5Who so saveth the
life of one. It shall be as if he had Saved the life
of all mankind.
Al-Ma’idah 5:32
Right to protection of goodwill and reputation:
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 defames one another, Nor
insult one another by nicknames. Bad
is the name of lewdness After faith.
And who so turneth Not in repentance,
such are evildoers. Al-Hujarat 49:11-12
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. It also does not
give anybody the right to use abusive or offensive language
in the name of criticism.
O ye who believe! Shun much suspicion;
For lo! Some suspicion is a sin. 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.
On Sanctity and Security of Private Life:
The Holy Quran has laid down the following injunction:
O ye who
believe! Enter not houses Other than your own without first
Announcing your presence and Invoking peace upon the folk
thereof. That is better for you that ye mayBe heedful.
Al-Nur 24-27
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; thus Quran says;
And in their wealth there is acknowledged right
for the needy and destitute.
(51:19)
Give the kinsman his due, and theNeedy, and the
wayfarer, and squanderNot (thy wealth) in wantonness.
Bani Isra’il
17:26
2. Legal Rights
Islam gives its citizens the right to absolute
and complete equality in the eyes of the law.
Right to equality in justice:
O ye who believe! Be steadfast witnesses
for Allah in equity, and let not
hatred of any people seduces you that ye deal
not justly. Deal justly, that is
nearer to your duty. Observe your
duty to Allah. Lo! Allah Is informed
of what ye do.
Al-Ma’idah 5:8
3. Religious Rights
Right to practice din; Religious
and Cultural Freedom:
There is no compulsion in religion. The Right direction is
henceforth distinct from Error. And he who rejecteth false
deities And believeth in Allah hath Srasped a firm Handhold,
which will never break. Allah is Hearer, Knower.
Al-Baqarah 2:252
4. Political Rights
Right to struggle
for just social order:
And the believers, men and women, are
Protecting friends one of another; they Enjoin
the right and forbid the wrong, And
they establish worship and they pay The
poor-due they obey Allah and His messenger.
As for these, Allah will have mercy on them.
Lo! Allah is mighty, wise.
Ak-Tawbah 9:71
The Right to Protest Against Tyranny:
Among the rights that Islam has conferred on human beings
is the right to protest against a government’s tyranny.
Referring to this, the Quran says:
“Allah does not love evil talk in public
unless it is by someone who has been injured thereby.”
(4:148).
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