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Human Rights in Islamic State

Article Submitted By Alam Muhammad | 18-Jul-2012 | Views: 1378

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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.

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.”

  1. Wasserstrom (1964) outlines the four characteristics, which a human right must have:
  1. First it must be possessed by all human beings, as well as only by human beings.
  2. Second, equally by all human beings.
  3. 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.
  4. 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”.

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).