Law opinion
Human
Rights in Islamic Law
Dr.
ABM. Mahbubul Islam
Human
right has been a burning issue in the contemporary world
today. The western secular philosophy claims to be the
pioneer and champion in initiating, promoting and protecting
of human rights and vigorously condemns others of not
observing it. On the other hand Islamic law does not only
refute this notion of being untrue, immature and false
but it claims that the human right is coherent with Islam
itself and it is far ahead of the modern secular concept
thereof. This short paper mainly aims at presenting some
of the Islamic concept of human rights, briefly, so as
to anser to the accusation on this reoard. For doing
so it is felt imperative to bring forward a little information
about the secular concept of human rights as well.
Human
Rights: what it is?
It is a power or authority that a citizen of a particular
state enjoys under the purview of law. There are differences
of opinion among the secular philosophers with regard
to the inception of human rights. For example, according
to sociological, naturalist and positivist theory; the
right of man first born in a social practices and norms
of individual in a society. Once such practices receive
the recognition of concerned legal body or state then
it transforms in to a law - hence a right.
Some
of the early documents of the of human rights in secular
west are Magna Carta (MC) 1215, Bill of Rights of England
1679, Bill of Rights of America 1791. It is claimed that
the Magna Carta played a decisive role for …individual
rights for all. However, this notion is to be refuted
here, firstly the MC was not the ancient document for
human rights; secondly, it was a partial and defective
document. Because it had simply secured the rights of
the baron - the upper class citizen of England of that
time. Moreover, it failed to address man and woman equal
in many cases. As Article 34 of the document provides:
"No
man shall be taken or imprisoned upon the appeal of a
woman for the death of any one other than her husband.
United
States of America (USA) claims to be the champion and
self declared leader of human rights despite the fact
that the first document of the said right appeared in
the history of the USA in 1791 only with the declaration
of Bill of Rights of America. The said right was also
faulty for many reasons. Such as, it did not provide freedom
of religion. The right to freedom of religion was approved
only with the 10th amendment of its constitution. Prior
to that, it provided a sect of Christianity, of Puritanians,
as the sate religion and non observance of that religion
was made subject to capital punishment. As the Virginian
Code provides:
"Any
one who speaks maliciously against the doctrine of Christian
faith shall be punished with death for blaspheming God
and His religion".
photo:AFP |
Islamic
Concept of Human Rights
Human rights in Islam is as ancient as the Islam perse.
It is at least 1326 years ahead of the Universal Declaration
of Human Rights in 1948. Al Quran and al Sunnah are the
main sources of human rights. However, an official declaration
of human rights was promulgated by the prophet Muhammad
Slm., in the year 623 when he declared the Charter or
Constitution of Madina. Dr. Hamidullah, an Indian origin
Muslim settled in French, claimed that this is the first
written Constitution of the World. The charter of Madina
has been the practical demonstration of al Quran and al
Sunnah. This has been evident that the journey of Islamic
Constitutional government and human rights therein is
as early as the Islamic political system is.
As
regards the beginning of human rights in Islam M. Makki,
an Omani representative in the United Nations wrote:
"The
basic concept and principles of h}man rights have, from
the very beginning, been embodied in Islamic law."
This
is about the first journey of human rights, now it is
deemed fit to say about some rights that Islam guaranteed
for the humanity.
There
is quite big number of rights |hat Islamic law identified
and ouaranteed. Some of them would be presented here without
much explanation. Here are very brief analyses about the
rights mentioned and guaranteed in Islam. I would bring
one or two evidences only from al Quran or Hadith so as
to prove that the root of these rights are available in
the form of revealed texts.
Right
to Life
Life is the most precious thing in human life. No body,
in Islam, is allowed to kill himself or another person
without any just cause. As Allah Ta`ala says: "Nor
take life which Allah makes sacred except for just cause
and if any one is slain wrongfully, We give his heir authority
to demand retaliation.
Right
to be Free from Persecution
To enjoy a peaceful life one has to be free from persecution
of others and maltreatment. Islam guarantees this right
by awarding serious punishment against the offenders.
As Allah Ta`ala says: And those who annoy men and women
undeservedly they bear on themselves a calumny and glaring
sin"
Right
to Equality and Equal Treatment of Law
All men are the children of Adam and Adam is created out
of dust. Hence, men are the slaves as well as vicegerent
of Allah on earth. All have the same honor and dignity.
It means no man is allowed to maltreat and undermine the
others without any lawful cause. As Allah Swt,. Says:
O mankind! We have created you from a single pair of man
and woman and made you into nations and tribes that you
know each other."As regards equality the Messenger
of Allah say, Al nasu sawasiatun ke asnan al misht.(Sunan
Ibn Majah, Al Hadith). It mean the man is equal like the
teeth of a comb.
Right
to Privacy
Every body has the right to live with his or her privacy.
No body is allowed to violate it by causing slander, backbiting,
false accusation, libeling, peeping etc. Islam even prohibits
entering into the house of others without the permission
of the owner. As Allah Ta`ala says: O you who believe!
Enter not into the house of others than your own un|il
permission is given. If no permission then enter not."
House is a secluded place, therefore, possibility of committing
wrong remains there.
Right
to Food, Shelter, Property, Cloth, Healthcare and Education
Islam wants a life to be honorable and dignified in this
world. As such, it guarantees right to food by imposing
obligation on the rich to share their food with the poor
and less fortunate people. Cloth is a means of decoration
as well as protection from seasonal effect. Islam provides
the right to cloth. Education is one of the most essential
and important right. Islamic law imposed obligation on
each and every Muslim man and woman to acquire education.
As the Messenger of Allah says: Seeking of knowledge is
obligatory on both Muslim man and woman."
Right
to Fair Justice
Doing justice and having justice is a cardinal principle
of Islamic law. Islam strictly prohibits of doing injustice
and commands to secure justice in all matters including
litigations. As Allah Ta`ala says:
"O
you who believe! Stand out firmly for Allah as witness
to fair dealing and let not the hatred of others make
you swerve to wrong and depart from justice. Be just that
is next to piety."
Right
to be innocent till the Guilt is proven
A person may be labeled as accused of an offence by a
relevant authority but he is presumed to be innocent until
proven guilty by qualified court law or board. Under Islamic
law no body shall be held responsible for the offence
of the others. As Allah Ta`ala says: "Every soul
will be held in pledge for its own deed (and not for the
deeds of the other.")
Right
to Freedom of Religion and Conscience
Acceptance of religious belief is a matter heart. No body
in Islamic law is allowed to accept or change his or her
religion by force. Islam strictly prohibits forceful conversion.
As Allah Swt., says: "There is no compulsion in religion
and Nor you will worship that which I worship. To you
be your way and to me mine."
Right
to Association, Assembly and Speech
Association is to organize themselves for good cause.
Allah Ta`ala authorizes it. As He says: " And hold
fast the cord of Allah and be not divided among yourselves.
Assembly is to explain the philosophy of association,
which are correlated. Islam permits it within the purview
of law. As Allah Swt., says: When you are told to make
room in the assembly make it." Association and assembly
is to be useless without the right of speech or expression.
Islamic law authorizes each and every citizen to express
their opinion within the purview of law and morality."
As the Messenger of Allah say: Speak the truth even though
it is unpleasant and best jihad is to speak the truth
in front of an oppressive ruler."
Conclusion
In fact concept of human rights itself is a big and wide
topic. It is impractical to write details of it in a single
short space. Hoever, an attempt is made here to bring
forward some of the idea of human rights both in Islam
and secular law.
The
author is an Associate Professor in the Department of
Law and Justice of Southeast University, Dhaka.
