Human Rights in Islam

Human Rights in Islam

 The first thing we find in Islam in this connection is that it lays down some rights for man as a human being. In other words, it means that every man whether he belongs to this country or that, whether he is a believer or unbeliever, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a human being, which should be recognized by every Muslim. In fact, it will be his duty to fulfill these obligations.

⚫ The Right to Life

The first and foremost basic right is the right to live and respect human life. The Holy Quran lays down:

Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (5:32)

As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is concerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Quran in another place saying:

Do not kill a soul which Allah has made sacred except through the due process of law ... (6:151)

⚫ The Right to the Safety of Life

Immediately after the verse of the Holy Quran which has been mentioned in connection with the right to life, God has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32). There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race, or color. If you know that he requires your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then you must feed him so that he can ward off death. 

⚫ Respect for the Chastity of Women

The third important thing that we find in the Charter of Human Rights granted by Islam is that a woman's chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relationship has been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Quran in this respect are: "Do not approach (the bounds of) adultery" (17:32)

⚫ The Right to a Basic Standard of Life

Speaking about the economic rights the Holy Quran enjoins upon its followers:

• And in their wealth there is acknowledged right for the needy and destitute. (51:19)

  The words of this injunction show that it is a categorical and unqualified order. Furthermore, this injunction was given in Makkah where there was no Muslim society in existence and where generally the Muslims had to come in contact with the population of the disbelievers. Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right to the property and wealth of the Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this country or to that country, to this race or to that race. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then you have to help him. God has established his right over you, which you have to honor as a Muslim.

• ⚫ Individual's Right to Freedom

• Islam has clearly and categorically forbidden the primitive practice of capturing a free man, making him a slave, or selling him into slavery. On this point the clear and unequivocal words of the Prophet (S) are as follows: "There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah). The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country, or followers of a particular religion. The Europeans take great pride in claiming that they abolished slavery from the world, though they had the decency to do so only in the middle of the last century. Before this, these Western powers had been raiding Africa on a very large scale, capturing their free men, putting them in bondage, and transporting them to their new colonies. The treatment which they have meted out to these unfortunate people has been worse than the treatment given to animals. The books written by the Western people themselves bear testimony to this fact.

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• ⚫  Equality of Human Beings

  Islam not only recognizes absolute equality between men irrespective of any distinction of color, race, or nationality but makes it an important and significant principle, a reality. The Almighty God has laid down in the Holy Quran: "O mankind, we have created you from a male and female." In other words, all human beings are brothers to one another. They all are the descendants of one father and one mother. "

  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." God Almighty has laid down in the Holy Quran: "Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell forever. God will be angry with him and curse him, and prepare dreadful torment for him" (4:93). 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. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud). Islam prohibits homicide but allows only one exception, that the killing is done in the due process of law which the Quran refers to as bi al-haqq (with the truth). Therefore a man can be killed only when the law demands it, and only a court of law can decide whether the execution is being carried out with justice or without justification

• 1. The Protection of Honour

     The second important right is the right of the citizens to the protection of their honor. In the address delivered on the occasion of the Farewell Hajj, to which I have referred earlier, the Prophet did not only prohibit the life and property of the Muslims to one another but also any encroachment upon their honor, respect, and chastity was forbidden to one another. The Holy Quran clearly lays down:

     (a) "You who believe, do not let one (set of) people make fun of another set.
     (b) Do not defame one another.
     (c) Do not insult by using nicknames.
     (d) And do not backbite or speak ill of one another" (49:11-12).
     

     This is the law of Islam for the protection of honor which is indeed much superior to and better than the Western Law of Defamation. According to Islamic Law if it is proved that someone has attacked the honour of another person, then irrespective of the fact whether or not the victim can prove himself a respectable and honourable person the culprit will in any case get his due punishment. But the interesting fact about the Western Law of Defamation is that the person who files suit for defamation has first to prove that he is a man of honor and public esteem and during the interrogation, he is subjected to scurrilous attacks, accusations, and innuendoes of the defense council to such an extent that he earns more disgrace than the attack on his reputation against which he had knocked the door of the court of law. On top of it he has also to produce such witnesses as would testify in the court that due to the defamatory accusations of the culprit, the accused stands disgraced in their eyes. Good Gracious! what a subtle point of law, and what an adherence to the spirit of Law! How can this unfair and unjust law be compared to the Divine law? Islam declared blasphemy as a crime irrespective of the fact whether the accused is a man of honor or not, and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public or not. According to Islamic Law the mere proof of the fact that the accused said things that according to common sense could have damaged the reputation and honor of the plaintiff, is enough for the accused to be declared guilty of defamation.

  2. 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. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief. We have not only been given this right to spread righteousness and virtue but have been ordered to exercise this right. Addressing the Muslims, the Holy Quran declares:

     You are the best community which has been brought forth for mankind. You command what is proper and forbid what is improper and you believe in God ... (3:110)