Fundamental Human Rights And Freedoms: An Integral Part Of Islamic Religion

31 August 2010

By Mohammed Adamu

Islam, the world’s second largest and the fastest growing religion, demands of its faithfuls, the placement of absolute loyalty and obedience to the teachings of the Qur’an  and Hadith (the sayings and deeds of the prophet Muhammad S.A.W) above all other things.  These teachings, mainly centered on the belief  that only one God “Allah” deserve to be worshipped and Muhammad (S.A.W) through whom the Qur’an was revealed to s

 

Aside the five pillars upon which Islam stands, the religion also provides its faithfuls with clear principles of conducting their daily affairs as they affect their lives both individually and in relation with others. Inspite of social, economic and political changes that affects the life of man in relation to time and places, these beliefs and practices have remarkably remained the same in the lives of muslims.

 

The Qur’an has laid down guiding principles on which human life should be based, and no person , whatever his/her status has the right to decide for another person other course of life or set standard as regards worldly authority. In today’s  world, just as in ages past, Islam and Muslims have often found themselves in sharp disagreements with many other people as well as established authorities in the world as regards some “agreed-upon standards” for mankind. One of such areas  of dispute had been on the issues of Human Rights.

 

HUMAN RIGHTS IN ISLAM:

 

In recent times, the clamour for the defence and promotion of Human rights has occupied and captured a prominent place in world affairs as well as govrnment and public opinion. The issues of human rights is well embedded in western societies and has helped shaped the conduct of  International Diplomacy, military strategy and even international trade. Before now, attitude and opinion varies and conflicts as regards what constitute basic human rights.

 

As the apex international body, the United Nations Organisation (UNO), has been the principal authority in deciding and defining what constitute human rights. However, when in december 1948, the UN came up with the Universal Declaration on Human Rights (UDHR), enjoining all nations of the world to strive towards the achievement of equal rights  and better standards of living for their people, the declaration was received with mixed feelings in many quarters as the UN itself was seen as the brain child of some particular nations, established with the aims of using it to achieve some of their interests. Moreso, the western concept of human rights has failed to recognise the fact that, to some societies, their religion determines their ways of life.

 

In Islam, human rights are granted by God and not any worldly authority, king or legislative bodies. History is full of instances where rights granted by  humans through authorities were been withdrawn especially when the benefits of these rights seem to threaten the powers of such authorities. But the rights confered on man by God cannot be withdrawn by anybody or institution.

 

Even in this advanced stage of human civilisation, conflicting beliefs, ideologies and interests cannot allow for the proper protection of human rights and freedoms sincerely. Infact, even the ‘Magna  Carta’ which many consider as origin of lots of rights and freedoms the west enjoy today had special preference for the nobles. Islam, absolutely recognises the equality and rights of men irrespective of class, race, sex and nationality. In this regard, the Qur’an says:

“O mankind, we have created you from male and female, and

           Have made nations and tribes that you may know  each other (not    to despise each other)”.

                                                                                         Qur’an s49:13

 

Islam recognises the  basic rights of man whether he/she is a muslim or a non-muslim. It is also the duty of all muslims to respect  and proetect these rights in their everyday dealings with their fellow men. Some among these rights includes: 

 

 

THE RIGHT TO LIFE

 

The foremost of  all rights is the right to life. In this regard, Islam prohibits the taking of  human life except when demanded by the due process of law. The  Qur’an says-

 

         “Whoever kills a human being without any reason like murder or

           Spreading mischief in the land, it would be as if he killed all

           Mankind”.

                                                                                        Qur’an  5:32

 

Moreso, unlike in the western concept of human rights where reference to human rights in constitutions or declarations in many contries exclusively protects citizens or the whites alone, the islamic concept of human rights does not place one man above another based on skin colour or race . For example, as late as the 1800s, the British were still hunting human beings (the Aborigenes), down like animals in Australia , seizing their lands and forcing them into the dry desrsert to die while they settle their citizens in the rich areas of the country.

 

    “ It is forbidden to resort to any means , which could result in the genocidal annihilation of mankind”.

                                  Cairo declaration on human rights in Islam, article 2 (a).

 

In the same way, the Aboriginal population of America  was systematically destroyed or reduced to sub-humans by the governments and the merchants of the west just as they did in Africa . All these were occuring more than  One Thousand Two Hundred years after Islam has clearly stated the equality of man as regards rights to life irrespective of race or colour.

 

Therefore, any muslim  who carries out any act which leads to the death of another person(s) without the act comforming with teachings of the Qur’an and the Hadith is guilty of murder and does have a hidding place in Islam.

 

     ‘‘ Life is a God-given gift and the right to life is guaranteed to every          human being. It is the duty of  indivuals to, societies and states to safeguard this right against any violation, and it is prohibited to take away life except for a shari’a prescribed reason’’.

 

                                 Cairo declaration on human rights in Islam, article 2(a).

 

RIGHT TO JUSTICE

 

Islam enjoin Muslims to be just when deciding legal issues. This also is not restricted to dealing with Muslims alone, but even non-Muslims are to be treated justlly when it comes to deciding legal matters. Non-muslims living in an Islamic state where the Shari’a code is practiced , have the right to seek  for justice in a secular court when engaged in dispute with a Muslim. On the issue of justice amongst men, the Qur’an says-

 

        “ O you who believe ! stand out firmly for Allah, as witness to fair

          dealings, and let not the hatre of others to you make you swerve to

         Wrong and depart from justice. Be just, that is next to piety.

                                                                                             Qur’an 5:8

 

Even where accussed persons are perceived to be clearly guilty, they must be given the oppurtunity to be heard and put up defence in a fair trial.

 

      A defendant is innocent until his guilt is proven in a fast trial in

      Which he shall be given all the guarantees of defence”.

 

                               Cairo declaration on human rights in Islam, article 19(c)

 

 

PROHIBITION AGAINST  RACISM

 

Islam prohibits all forms of discrimination on racial grounds. Even among non-Muslims, many admit the fact that, no religion or way of life in the world has tackled the problems of racism with equal degree of success as Islam. Unlike in other religions, there is no place or time in the history of Islam anywhere in the world where people were made to worship in separate Mosques or sit in separate places during prayers based on racial distinction. As a result, there are no such names as ‘African Mosques’ being established because the people were dissatisfied with the attitude of the Arabs or any other people who came to evangilize for them.

 

Islam is a universal religion, and does not treat  or allow the treatment of people with distinction based on skin colour, race or language. On the diversity of races and language, the Qur’an says-

 

     “ Indeed the most honoured among you before God are the most heedful

        Of  you”.

    

                                                                                      Qur’an 4 9:13

 

That  means only God consciousness, purity of character and good morals rather than a man’s race or language places one man above another in the sight of God. Similary, on the issue of racism, the Prophet Muhammad (S.A.W) said-

 

No Arab has any superiority over a non-Arab, no does a non-Arab has any superiorty over a Blackman, or the Blackman any superiority over the white. You are the children of Adam, and Adam was created from clay”.

 

                                                                                     (Bayhaqi and Bazzaz) 

 

FREEDOM  OF  EXPRESSION

 

Unlike in the western concept of human rights, where anyone can say or express him/her self in any manner he/she deem fit, Islam cautiously restricts the freedom of expression to the  propagation of  virture and the spreading of evil and mischief.  Thus, Islamic concept of freedom of expression  forbids  Muslims from arbitrarily blackmailing or insulting others under the cover of free expression. Rather, Islam enjoin Muslims to freely and openly condemn  all acts of evil whosoever is the perpetrator be it individuals, institutions or government, and point to the right things.

 

The Prophet Muhammad (S.A.W) said-

 

          “ If anyone of you comes across evil, he  should stop it

          With his  own hands (using force or authority), if he is

         Not able, he should then stop it with his tongue (speak

         Out against it). And if he is not able even so, he should

         Then condemn it in his heart”.

 

The Prophet said, the third is the weakest degree of faith. Therefore, the use of freedom of expression to condemn evil and promote virtures for the benefit of mankind and the society in general is not only a right in Islam but an obligation.

 

FREEDOM  OF  WORSHIP

 

Apart from guaranteeing the individual to worship in accordance with his own religion, Islam goes futher to respect his religious sentiments and forbid anything that will injure his feelings either by action, speech or writing. On this aspect, the Qur’an says-

 

          “Do not abuse those they appeal to instead of God”.

                                                                                   Qur’an 6:108

 

This includes not only the idols and other deities that non-Muslim people worship, but also their religious leaders and heroes. Therefore, Islam forbids the use of abusive  or defamatory languages, inscriptions or pictures on religioius personalities or structures that injure the feelings of people of other faiths. From the time of the Prophet, Christians, Jews and others have being living alongside Muslims and they have enjoyed the full rights to worship their ways. The Qur’an says-

 

            Allah! There is no compulsion in religion….”

                                                              Qur’an 2:256

 

 And,        

 

        Do not kill the monks in Monastries and do not kill the people

        Who are sitting in the palces of worship”.

                                                                     (Mushab of Ibn Hanbal)

 

 

Islam does not the cases where people of other faith were being attacked and denied religious freedoms in some Muslim countries as a reaction to the persecution Muslims are facing in France, Germany, Denmark or elsewhere.

 

     Everyone shall have the right to live in security for himself, his

      Religion, his dependent, his honour and his property”.

 

                                        Cairo declaration on human rights in Islam, article 18(a)

 

FREEDOM  FROM  ARBITRARY  ARREST  AND  DETENTION

 

Islam has made it clear that no man shall be imprisoned until found guilty in a competent  and independent court of justice. A situation where people are been arrested and put in jails on the basis of suspicion is prohibited in islam.  Similary, parents, colleagues or friends of  suspects shall not be arrested or  denied any of their basic rights for crimes  committed by someone close to them. Here, the Qur’an says-

 

          Every soul draws the need of its acts on none but itself: no

          Bearer of burden can bear the burden of another”

                                                                                 Qur’an  6:164

 

By this, Islam forbids the transfer of someone else’s  acts of crime to another person(s), rather, everyone bears responsibility for his /her acts and the consequences they carry.

 

This, indeed is a common violation of human rights today, particularly with regards the so-called  ‘war on terrororism’. The governments of the West  and their Middle East allies are particularly guilty of these acts where families and friends of people suapected of ‘terrorist’ acts are rounded-up and bundled into jails and dungeons.

 

It is really a shame to the entire world in this century to sit back and watch the establishment of such horrible places as  ‘Guantanamo jails’ and the hedeous human rights violation s being perpetrated in the Abu-Graib prisons  in Iraq and Afghnistan,  ironically by those nations  and governments who parades themselves  as vanguards in the protection of human rights and democratic values. Even the recommendations by  the United Nations (UN) for the total and immediate scrapping of the  Guantanamo Bay jails were met with rebuff by the United States Government.

 

RIGHT  TO  EDUCATION

 

The seeking for a balance knowledge and its use for the benefit of mankind is an obligation in Islam. To this effect, Islam considered it a basic right of everyone to seek and gain knowledge from every source, be it Islamic or otherwise. In this aspect also, Islam does not place restriction on Sex, age limit or class. Everyone has equal rights to the acquisition of knowledge.

 

In fact, Islam places lots of emphasis on the education of women that the holy prophet  Muhammad(S.A.W) said;

 

     “ Educate a man, you educate an individual, but when you educate a woman you educate a whole nation”.  

 

Aisha (RA), wife of the Prophet has remained till date one of the greatest scholars Islam has produced.

 

EQUALITY  OF  MEN  AND WOMEN

 

Islam as religion and a way life  stressed the equality of Men and Women as regards law, justice, acquisition of  wealth, right to inheritance and all other basic human rights. What Islam  clearl distinguishes between Men and Women is in the aspects of roles.  Islam made it the duty of Men to provide food, shelter, clothing and security for their wives.

 

Role equality among Men and Women has always been a bone of contention between the western and Islamic concepts of human rights. For instance, Islam does not consider it the rights of  Muslims to dress anyhow they  like. On this, the Qur’an says-

 

      “ And say to the believing women that they should lower their gaze

       and guard their modesty; that they should not display their beauty

       and ornaments except what (ordinarily) appear thereof; that they

      should draw their veils over their bossoms and not disply their beauty

      except to their husbands, their sons, their husband’s sons, their        brothers

      or their brother’s sons, or their sister’s sons, or their women, or the

      slaves whom their right hands posses, or male attendants free of

      sexual desires or small children who have no canal knowledge of

      women…”

                                                                                        Qur’an  24:31

In another chapter, the Qur’an says;

 

     O Prophet tell your wives and daugthers; and the believing women,

      They should cast their outer garments over their persons (when out of  doors)….”

                                                                                       Qur’an  33:5

 

For men, Islam requires them to dress such that their navel and kneels are properly covered.

 

On the issue of inheritance, Islam accepts the rights of women to inherit their fair share  from whatever wealth their late husbands, fathers or other relations left behind. Islam forbids making women objects of inheritance for their deceased husbands’ relations or the denial of certain basic comforts for widows  such as enough food, sleep or personal hygiene as is the case in some societies and cultures.

 

Also, Islam does not accept the holding of widows responsible for the death of their husbands as is the case in some societies where widows are made to drink from the water with which the corpse of their late husbands were washed.

 

     “ Woman is equal to man in human dignity, and has her own rights

      To enjoy as well as duties to perform, and has her own civil entity

      And financial independece, and the right to retain her name and

      lineage”.

                                            Cairo declaration of human rights in Islam, article 6(a)

 

Islam also made it a right of men and women to a free choice of their partners. The cases where women are often forced into arranged marriages without their consents as is the practice in some socities is purely cultural and do not have any Islamic bases.

 

However, parents owe it as a duty and responsibility to ensure their wards marry the right people with upright characters.

 

          “ O  you  who believe  ward  off  from yourselves and you families

          a  fire  whereof  the fuel is men and stones….”

                                                                                    Qur’an  66:6  

 

About association, Islam allows Muslims to associate freely so far that will not lead to the spread of mischief , and that is why, Islam forbids the free mixing of  adult males and females.

 

This is just very little about what Islam considers as human rights, as the religion encompasses every aspect of a muslim’s life.

WALLAHU   ALAMUN.

 

Mohammed Adamu, Kano , Nigeria Mohammedadamu57@yahoo.com

 

 

 

©  EsinIslam.Com

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