Documente Academic
Documente Profesional
Documente Cultură
ii
Edited by:
Professor Ali Muhammad Naqvi
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First Edition: New Delhi, 2008
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iv
CONTENTS
Preface ........................................................................... ix
* Dr. Karim Najafi
Introduction ...................................................................... xi
* Dr. Abdul Hamid Ziaei
PART ONE
THE HUMAN RIGHTS IN ISLAM
Human Rights in Islam : From Ahlul-Bayts
Perspective ........................................................................ 2
* Ambassador Dr. Ali Reza Deihim.
Human Rights and Social Spirituality .............................. 90
* Swami Agnivesh
Islam and the Human Rights ............................................ 98
* Professor Muhammad Rafique
The Human Rights in Islam ........................................... 117
* Professor Saud Alam Qasmi
The Human Rights in Islam ........................................... 131
* Dr. Ali Nadeem
vi
vii
PART THREE
HUMAN AND SUFIS
Human Rights in the Thought of Muslim Mystics: A Case
Study of Sufis of India ................................................. 250
* Professor S. M.Azizuddin Husain
Sufism and Human Rights ............................................. 255
* Dr Sanaullah Mir
Tasawwuf and Humanism ............................................. 267
* Dr. (Ms.) Sameena Hasan
PART FOUR
HUMAN RIGHTS:
RELATED ISSUES
Islamic Approach to Slavery .......................................... 275
* Professor Abdul Ali
The Rights of Non-Muslims in Islam. ............................ 290
* Dr Abdul Hameed Fazli
Gender Justice, Islam and Human Rights ....................... 294
* Professor Salim Akhtar
Rights of Women in the Holy Quran and the Traditions ... 298
* Ms. Humera Khatoon
viii
ix
PREFACE
xi
INTRODUCTION
It is in the last decade that the demand for Human Rights
has become a great force in the world. Human Rights are
literally the rights that one has as a human being. This
seems a simple idea but it has profound implications.
Human Rights, as they rest on being human, are universal,
equal and inalienable. All human beings, irrespective of
race, religion, caste or culture, hold them. Human Rights,
in this sense, have become a very important and potent
concept. Human Rights that every person has on the State
and the society, provide a framework for political
organizations and legitimacy of the governments. The
concept is used and misused, as all sacred concepts have
been. But the idea of Human Rights is a noble idea.
Contrary to the popular belief, the idea and struggle for
universal Human Rights is not a modern one. In spite of the
claim that Human Rights is a Western concept or ideology,
the fact remains that it is Islam that advocated and
implemented the Human Rights viz., universal equality and
women's rights. Islam is the first to preach the principle of
sanctity of human life and honour, equality of man, and
right to freedom. These are bases of the Human Rights
concept. Islam does not limit Human Rights to political
and legal standards alone, as the Western concept does. It
advocates Human Rights as part of a complete way of life.
Human Rights in Islam are inextricable, and Islam, in
xii
xiii
xiv
PART ONE
HUMAN RIGHTS
IN ISLAM
Quran 2:208.
Quran 6:127.
The other branch of Islam interprets Sunnah to include the practices
(deeds) of or the practices impliedly consented to by the Prophet or one
of the 12 Imams (the descendents of Fatimah, the daughter of the Holy
Prophet).
3
Ibid.
*
He was the son of Zaid, who was a slave of the Prophet and was
liberated by him and later accepted as his adopted son.
2
10
11
12
13
in January, 2003, Mexico took its case to the ICJ. Three Mexicans had
been executed since 2000. In all the three cases, the Vienna Convention
was violated, Mexico argues.
52 Mexican citizens in eight States received convictions and death
sentences, which have been challenged by Mexico in the ICJ. Mexico
argued that United States violated a Treaty guaranteeing that foreigners
arrested in this country, have access to representatives of their
government. The Court ordered the United States last February not to
kill Mr. Torres and two compatriots, at least until it issues its final
ruling, which is expected to come in the Spring. Mexico is seeking to
void all 52 convictions and death sentences, contending that its citizens
were denied the right to meet promptly with Mexican diplomats. The
defendants should be retried, Mexico says, with statements obtained
before such meetings, excluded. Mexico also asked the Court to require
that the United States honor these so-called consular rights in the
future, perhaps by rewriting the standard Miranda warning given
suspects before they are questioned by the police. The convention
requires that arrested foreigners be told of their right to speak with
consular officials. If they do, local officers must contact the appropriate
Consulate. Both actions, the convention says, must be taken without
delay. Mexico further contends that these obligations are often
ignored in the United States, and that Mexican officials frequently
learn of arrests of Mexican citizens only years later, and only by
happenstance. (Source: Adam Limptak, Mexico asks Hague to Rule
on Rights of its Citizens, The New York Times, January 16, 2004.)
Also see, the special protection given by international law or certain
domestic jurisdictions as regards the detainees, in particular, the
detainees in Guantanamo Bay, as illegal enemy combatants. The Bush
Administration has argued that 660 detainees at Guantanamo are not
only illegal enemy combatants who are not entitled to protections of
international law, but that they are also not entitled to United States
constitutional protections because the naval base, on the southeastern
tip of Cuba, is not on United States territory. As such, the government
says, the prisoners may not petition the civilian courts for any relief
like filing habeas corpus petitions in which people under arrest,
challenge their detentions before the federal judges. The counter
argument was that the exercise of executive power without possibility
of judicial review, jeopardizes the keystone of our existence as nations,
namely the rule of law. (Source: Neil A. Lewis, Bushs Power to
14
15
Quran 2:30
Quran 20:116
3
Symposium between Eminent Saudi Muslim Scholars and West
European Jurists about Islamic Sharia and Human Rights, op. at.,
supra n. 17.
2
16
A religious scholar.
Allamah Sayyid Muhammad Husayn Tabatabai, Shia, (translated by
Sayyid Husayn Nasr), p.112.
2
Sura of The Angles (35), Verse 15.
3
Ayatullah Abdullah Javadi Amuli, Sources of Human Rights in
Islamic Views on Human Rights: Viewpoints of Iranian Scholars, supra
n. 6, p. 2.
1
17
Ibid, pp.1-3.
Bihar al-Anvar, Vol.7, Chapter 16.
3
Surah of The Stinters (83), Verse 14.
2
18
19
Quran 7:128
Quran 17:70
3
Quran 49:11
2
20
Quran 49:12-13
Quran 104:1
3
Quran 68:10-12
4
Quran 17:36
5
Quran 21:92
6
Sulieman Abdul Rahman Al Hageel, supra n.33, p.29.
2
21
Ibid.
Zimmis refers to the followers of the holy Scriptures, namely Jews,
Christians and Zoroastrians (the old Persian religion).
2
George Jordac, supra n.15, pp. 185-186.
3
The four Geneva Conventions of 1949, in particular the third Geneva
Convention on Civilians, and the two Additional Protocols of 1977.
4
George Jordac, supra n.15, pp. 185-186.
*
22
Ibid.
For further information see Allamah Tabatabais Al-Mizan Fi Tafsir
al-Quran, Quran 2:30.
3
Hujjat al-Islam Muhsin Kadivar, Political Rights of People in Islam
in Islamic Views on Human Rights: Viewpoints of Iranian Scholars,
supra n. 6, pp. 110 -111.
2
23
24
25
26
27
28
29
(i)
(ii)
(iii)
(iv)
(v)
30
31
32
33
every place he
enters
every part of
his body
every instrument at
his disposal
F.
34
Quran 5:32.
35
36
37
38
39
40
41
42
43
44
Ibid., p. 67
45
purification.1
8. Right to Religion
Absolute freedom of religion, under the International
Human Rights law as discussed above, is considered as
personal, heartfelt, and everyone has a right to preserve it
for himself and that the diversity of belief has to be
respected.
Man due to his power of choice is free to choose his
destiny: It applies to accepting the divine religion also.2 No
one shall be compelled to accept Islam. Religion in its
objective and subjective entity lives in the minds and
hearts of people. The ideology, world vision, explanation
of the realities in the world and rules, stem from natural
laws. Islam regards religion as the inherent law in man. It
coincides with the very nature of man. As Muslims ulama
(religious scholars) state: Religious matters stem from
genetic realities and the belief in religion means the
harmonizing of man with nature.3
Hence, as nature is not illusionary or absurd, religion
should not be based on illusion. Be as it may, as man and
his belief are to be respected, Islam allows that everyone
who is not able to understand the amazing nature of Islam
and accepting that no one else has the right to refrain his
fellow beings from accepting Islam. Concerning this, the
Holy Quran states: There is no compulsion in religion.4
1
46
47
48
49
50
Quran, 2:121
Quran, 4:2
3
George Jordac, supra n. 15, pp. 178.
2
51
honesty.1
This is well manifested in the works of Imam Ali. Once
Imam Ali received information that a military officer had
taken bribe. He held his hand and gave it such a violent
jerk that it was about to be dismembered from his body.
Then he said to him: The people earlier than you were
annihilated because they deprived the people of their rights
and they were, therefore, obliged to acquire their rights by
offering bribes. They compelled the people to do invalid
things as a result of which falsehood became prevalent.2
3. Freedom from Poverty and Indigence
Eradicating poverty and indigence from the society is one
of the fundamental objectives of Islam. An ideal Islamic
State is a State where the rights of the poor, orphan,
widows, and aged are well protected. This is well
manifested in the testament which Imam Ali, the Caliph of
Islam, wrote to Malik Ashtar while appointing him as
Governor of Egypt. It says:
Fear God when dealing with the problem of the poor who
have none to patronize them, who are forlorn, indigent,
helpless, and are greatly torn in mind-victims of
vicissitudes of time. For Gods sake, safeguard their rights
1
Make this clear to yourself that those immediately about and around
you, will like to exploit their position to covet what belongs to others
and commit acts of injustice. Suppress such a tendency in them. Make
a rule of your conduct never to give even a small piece of land to any
of your relations. Deal justice squarely regardless of the fact whether
one is a relation or not. If any of your relations or companions violates
the law, meet out the punishment prescribed by law, however painful it
might be to you personally, for it will be all to the good of the State.
Ibid., p. 225
2
George Jordac, supra n.15, p.165.
52
53
1
George Jordac, supra n.15, p. 214. Imam Ali on various occasions
had emphasised the need for eliminating oppression. I swear by God
that it is preferable for me to lie on the thorns and be chained rather
than that I should oppress anyone or usurp even the most ordinary
thing. It is my duty to wage a war against oppression and the
oppressors, and against those who unlawfully grab the wealth of others,
and I shall have to account for it on the Day of Judgment. If the
Almighty God had not taken a promise from the rulers that they will
not sit quiet in the event of the oppressor becoming over satiated with
food and the oppressed one remaining hungry, I would have thrown the
reins of the Caliphate on a camels shoulders and would have satisfied
its last one like the first one. Do not oppress others just as you do not
like to be oppressed by others. (Ibid., pp. 285& 458).
54
PART TWO:
INTERNATIONAL HUMAN RIGHTS LAW
A.
INTRODUCTION
Ibid, p.211.
Imam Ali while guiding the Governor-designate, says: Prevent them
(businessmen) from hoarding; for the Holy Prophet of God had
prohibited it. See to it that trade is carried on with the utmost ease, that
the scales are evenly held and that prices are so fixed that neither the
seller nor the buyer is put to a loss. And if, in spite of your
warning,they (businessmen) commit the crime of hoarding, then
inflict upon him a severe punishment. )George Jordac, supra n.15, p.
222)
3
Weston H. B, Human Rights, 20 New Encyclopedia Britannica (15th
ed. 1992).
2
55
56
57
1
2
58
Shaw, supra n.109, p.20-22; Knight, The Life and Works of Hugo
Grotius, 1925, and Commemoration of the Fourth Century of the Birth
of Grotius (various articles), 182 HR pp. 371-470.
2
Pufendorf S., On the Law of Nature and of Nations, 1672.
3
Sinha M.K., Implementation of Basic Human Rights, (New Delhi,
Manak Publications, 1999), p.5.
4
Louis Henkin, The Rights of Man Today, London, 1979, pp.1-18.
5
Coker F.W., Reading in Political Philosophy, New York, 1942.
59
60
61
and
Positivism:
Human
Rights
62
International Law.1
The second component is that the nature of Human Rights
is based upon humanistic values, human dignity and not on
a regional (e.g. European) or restricted political, economic
ideology such as Western, Socialist or Communist
Ideology. Indeed, humanistic values are per se a matter of
ideological cultural interpretation. According to this
component (although the scope of it is controversial) the
pertinent question is whether Human Rights should
incorporate universal ethical and moralistic norms and
values or in this respect, it should confine itself to the
empirical and functional practices? The school of thought,
which appeared to be more realistic and practical than
idealistic, could be called as positivists. However, one
cannot and should not ignore the impact of ideology,
culture and customs on the notion of Human Rights. Indeed
they should be studied and analyzed and the common
notions may be underlined. However, this requires more
intellectual interaction, and dialogue particularly in the
field of subjects, which can create international concern,
such as Human Rights.
1
63
64
65
66
1. International Instruments
i) The Bill of International Human Rights:
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural
Rights
67
Non-Treaty Instruments
In addition to treaties, the United Nations has overseen the
development and adoption of dozens of declarations, codes,
rules, guidelines, principles, resolutions, and other
instruments that serve to interpret and expand on the
general Human Rights obligations of Member States under
Articles 55 and 56 of the UN Charter and may reflect
costumary international law.
Some of these instruments are reflective of costumary
international law binding on all States, irrespective of
whether they are party to the treaties which also contains
those provisions. Among the prominent instruments, which
are not treaties but are of great importance in the field of
Human Rights are (in order of their date of adoption):
Standard Minimum Rules for the Treatment of Prisoners;
Declaration on the Rights of Disabled Persons;
Code of Conduct for Law Enforcement Officials;
Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power;
68
69
70
71
72
73
74
75
76
77
The second half of the 20th century was identified with the
advent of the third world and developing countries. This
on one hand, and on the other, the strong effort of some
European and American thinkers and politicians to push for
Human Rights as one of the main parts of International
Law, resulted in mutual mistrust and confrontation. The
former considered it as imposition of homogenous Western
ideology imbued with political ambitions and interference
in the internal affairs objectives. However, the latter
perceived it as one of the main pillars of the World Peace
and democracy.
Further, some have even described it as one of the features
of the clash of civilizations. This approach would
definitely radicalize the religious conflicts and deepen the
existing gaps. Moreover, such perception of mistrust and
sometimes misunderstanding precluded any fruititions of
effective collaboration between these two societies, which
is of paramount importance in the era of interdependence
and if we are interested in a genuine globalization process.
This article is not primarily intended to conduct any
comparative study between Islam and Western idea of
Human Rights. Nevertheless, it requires cross-reflection in
order to identify the similitude and differences with the aim
1
78
79
80
81
1
2
82
83
84
85
86
7.1
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
God reward them all for their efforts and guide us along the
right path.
Maulana Abul-Al Mawdd, writing on the Human
Rights in Islam, 1 distinguishes between the Western and
Islamic approach to them. In fact, he criticizes the Western
approach as they take credit for themselves for everything
good and beneficial. Moreover, the rights they have
affirmed in the UN Charter have no binding force in them
and they keep on being violated by the different countries
with impunity. However, according to him, Islamic
approach gets sanctions from the Holy Quran and Sunnah,
and that the violation of these rights would lead to
punishment here and eternal damnation in the hell in the
Hereafter. Therefore, he remarks:
The second point which I would like to clarify at the very
outset, is that when we speak of Human Rights in Islam we
really mean that these rights have been granted by God;
they have not been granted by any king or by any
legislative assembly. The rights granted by the kings or the
legislative assemblies, could also be withdrawn in the same
manner in which they are conferred. The same is the case
with the rights accepted and recognized by the dictators.
They can confer them when they please and withdraw them
when they wish, and they can openly violate them when
they like. But since in Islam God has conferred Human
Rights, no legislative assembly in the world, or any
government on earth has the right or authority to make any
amendment or change in these rights. No one has the right
to abrogate them or withdraw them, neither are they the
basic Human Rights which are conferred merely on paper
for the sake of show and exhibition and are denied in actual
1
102
life when the show is over, nor are they like philosophical
concepts which have no sanctions behind them.
The Charter and the proclamations, and the resolutions of
the United Nations cannot be compared with the rights
sanctioned by God, because the former is not applicable to
anybody while the latter is applicable to every believer.
They are part and parcel of the Islamic Faith. Every
Muslim or administrator who claims to be Muslim will
have to accept, recognize and enforce them. If they fail to
enforce them, and start denying the rights that have been
guaranteed by God or make amendments and changes in
them, or practically violate them while paying lip service to
them, the verdict of the Holy Quran for such individuals
and governments is clear and unequivocal:
Those who do not judge by what God has sent down,
are the disbelievers. 1
It will be seen that the dignity of the human beings depends
on the observance of Human Rights. Seeing the dismal
record of certain religions in violating these rights, some
philosophical theories, e.g., Humanism has sought to
emphasize the practice of these rights in its own way
without resorting to religions for the purpose. Thus, the
centrality of man in the universe and its insistence on
heartfelt goodness as opposed to formalistic piety,
(Britannica 2001 Deluxe Edition CD-ROM) has been
stressed by Humanism but again the theory is teethless in
the event of the violation of these precepts.
It is now time to see the various Human Rights, which have
been stressed in Islam.
1
al-Maida, 5:44
103
RIGHT TO LIFE:
Fundamental of al1 rights is the right to life and personal
safety. All other rights are just subservient to it. In the past,
it has been dependent on the sweet will of the kings and
headmen. It has been sacrificed time and again to propitiate
certain evils. To Islam, life is sacred and human life cannot
be destroyed wantonly or for warding off any evil except as
retaliation and retribution for murder or killing in a just
war. We shall just now quote the relevant Verses of the
Holy Quran in this regard:
Nor take life - which Allah Has made sacred except
for just cause. And if anyone is slain wrongfully, We
have given his heir authority (to demand Qiss or to
forgive); but let him not exceed bounds in the matter
of taking life1
Take not life, which Al1ah hath made sacred, except
by way of justice and law. Thus doth He command you
that ye may learn wisdom.2
As a matter of fact, taking one life is equivalent to killing
of the whole humanity in the eyes of the Holy Quran:
... if any one slew a person - unless it be for murder
or for spreading mischief in the land it would be as if
He slew the whole people: And if anyone saved a life it
would be as if he saved the life of the whole people.3
According to the Holy Quran, the war against those people
is justified, who commit oppression and mischief against
the innocent people. However, if these oppressors desist
1
2
3
104
1
2
3
4
Al-Baqarah, 2: 190
Al-Baqarah, 2 : 193
Bani Israil, 17 : 31
Bukhri and Ab Dwd
105
al-Hujurat, 49 : 13
106
107
108
1. Right to Freedom
a) Man is born free. No inroads shall be made on his
right to liberty except under the authority and in due
process of the Law.
b) Every individual and every people has the in alienable
right to freedom in all of it forms, physical, cultural,
economic and political - and shall be entitled to struggle by
all available means against any infringement or abrogation
of this right; and every oppressed individual or people has
a legitimate claim to the support of other individuals and/or
peoples in such a struggle.
2. Right to Equality and Prohibition against
Impermissible Discrimination
a) All persons are equal before the Law and are entitled
to equal opportunities and protection of the Law.
b) All persons shall be entitled to equal wage for equal
work.
c) No person shall be denied the opportunity to work or
be discriminated against in any manner or exposed to
greater physical risk by reason of religious belief, colour,
race, origin, sex or language.
3. Right to Conscience and Freedom of Religion
Right to the freedom of conscience and freedom of religion
is very fundamental to the dignity and honour of man.
Whatever his choice in this regard, it should be a matter of
free will and there should be no compulsion in this matter.
A man should make a choice after thorough deliberation
and reflection. The Holy Quran is very specific and clear
on the subject. It says:
109
al-Baqarah, 2 : 256
al-Kafirun, 109 : 6
110
al-Nisa, 4:129
111
112
113
Article 25:
(1) Everyone has the right to a standard of living
adequate for the health and well being of himself and of his
family, including food, clothing, housing and medical care
and necessary social services, and the right to security in
the event of unemployment, sickness, disability,
widowhood, old age or lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
6. Right to Justice:
This right according to Islam is also universal which is to
be administered according to the Islamic Law. While doing
justice, there should be no distinction between Muslims
and Non-Muslims, high or low, rich or poor, king or
subject, kith or kin or general public, friend or foe. The
Holy Quran is very specific on the point. It says:
O ye who believe! Stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be (against) rich
or poor: For Allah can protect both. Follow not the
lusts (of your hearts), lest ye distort (justice) or
decline to do justice, verily Allah is well-acquainted
with all that ye do.1
7. Right to Privacy and Security:
Islam is strictly against interfering with the private life of
each and every person. That is why, according to Islam,
entering somebodys or even one's own house without the
clear and express permission of the occupants, peeping or
1
al-Nisa, 4:135
114
al-Hujurat, 49:12
al-Nur, 24:28
115
116
117
118
119
120
121
Right to Property:
The right to possess property is another fundamental right
of the mankind, and no one can be deprived from having
property The Holy Prophet in the last Sermon specially
emphasized this aspect.
It is not lawful for anybody to have anything from his
brother without his consent and pleasure.
Taking away money forcefully from any body, is strictly
prohibited in Quran:
Do not usurp one another's property by unjust
means, nor offer it to the judges so that you may
devour knowingly and unjustly a portion of the goods
of others (al-Baqara:188).
Right to Work:
Islam protects ones right to choose any legitimate
occupation and pursue it. It lays greatest possible emphasis
on the dignity of labour. The Holy Quran says:
The man shall have their due share according to
what they have earned and the women shall have their
share according to what they have earned. (al-Nis`:
32).
The Prophet(e) is reported to have said that no one can
earn his livelihood better than through the work of his own
hand. The Prophet further said:
Give the labourer his due wage before his sweat has
dried. (Ibne Mjah).
122
123
124
Right to Education:
From the very first day of its dawn, Islam gave due
importance to education. Islam not only considers it as a
basic right of every body but goes much beyond it and
makes it obligatory on every believer to acquire
knowledge. The Holy Prophet declared:
Seeking knowledge is compulsory on every believer,
man and woman. (Ibne Mjah).
The significance of this Hadith lies in the fact that while a
man is entitled to forgo his right, he can not skip from his
obligation; and, if he does so, he will be held answerable.
According to Islam, it is the responsibility of the parents to
impart proper education to their children. The Holy Prophet
said:
No parent gives better gift to their ward than good
education. (Tirmiz)
Islam also holds the State responsible for the education of
its people. Once the Holy Prophet e warned the Asharys
tribe: If you will not educate your neighbors, you will
deserve punishment.
Right to Justice:
Islam is very sensitive about the dispensation of justice.
Every one is entitled to get justice. This is his natural and
inalienable right. Nobody in any circumstances can be
denied justice. It does not matter at all whether he or she is
a friend or foe. All persons have equal rights in matter of
justice, and everybody will be treated strictly in accordance
with the law. The Holy Quran commands:
125
126
127
128
129
130
131
132
133
134
135
- 4 Othman, N. "Growlding Human Rights Argwnents in NonWestern Culture: Shari'a and the Citizenship Rights of Women in a
Modem Islamic State", The East Asian Challenge for Human Rights, 1.
R. Bauer and D. A. Bell (ed.), Cambridge, Cambridge University Press.
1999, p.178.
2
Nanji, A. Islamic Ethics. A Companion to Ethics. Singer. Oxford,
BlackwelI, 1993, p.1O9.
136
137
138
139
140
141
142
143
144
145
146
Ibid, p.67
147
148
149
V.
VI.
VII.
VIII.
IX.
X.
XI.
150
151
152
153
154
Islamic Perspective:
According to the Holy Quran, dignity of the children of
Adam is a Divine bestowal, which is to be secured by all
means including the law and the State authorities, and is to
be defended by all forces:
We have conferred dignity on the children of Adam,
and borne them over land and sea, and provided for
them sustenance out of the good things of life, and
favoured them far above most of our Creations.
(17:70)
What distinguish humans from many other creatures, are
their intellect and their free will to choose between doing
good and doing evil. To fulfill a human potential, all
obstacles and pressures must be removed from the way;
and, all means should be secured to maintain and develop
our humanity. The dignity bestowed on humans in the Holy
Quran, must be defended. It is the individual, social and
universal responsibility of Muslims to guard Human Rights
because oppression is an obstruction of Gods will in His
creation:
We reserve the abode of the Hereafter for those who
do not seek exaltation on earth, nor corruption. The
ultimate victory belongs to the righteous. 1
As for the responsibility of the individual, it is the
individual, social, and universal responsibility of Muslims,
according to their faith, to protect the human merits and
virtues of all the children of Adam, whatever their
differences may be. Defending the Rights of human beings
is a religious duty for a Muslim, who believes that any
1
Quran: 28:83
155
Quran: 4:1
Quran: 49:13
Quran: 112:4
156
Quran: 21:22-23
Quran, 28:4
Quran, 7:157
Quran, 7:157
157
Quran, 19:5
Quran, 9:71
Quran, 2.256
Quran, 22:40
158
Quran, 60:8
Quran, 60:7
Quran, 41:34-35
159
Quran, 2:275
Quran, 49:9
160
Quran, 9:6
161
Quran, 57.25
162
163
General Rights
A. Right to Life
The Holy Quran upholds the sanctity and absolute value of
human life2 [7] and points out that, in essence, the life of
each individual is comparable to that of an entire
community and, therefore, should be treated with the
utmost care3.
B. Right to Respect
The Holy Quran deems all human beings to be worthy of
respect4 because of all creation they alone chose to accept
the trust of freedom of the will.5 Human beings can
exercise freedom of the will because they possess the
rational faculty, which is that distinguishes them from all
other creatures6. Though human beings can become the
lowest of the lowest, the Holy Quran declares that they
have been made in the best of moulds7, having the ability
to think, to have knowledge of right and wrong, to do the
good and to avoid the evil. Thus, on account of the promise
1
164
C. Right to Justice
The Holy Quran puts great emphasis on the right to seek
justice and the duty to do justice1. In the context of justice,
the Holy Quran uses two concepts: adl and ihsan.
Both are enjoined and both are related to the idea of
balance, but they are not identical in meaning.
Adl is defined as to be equal, neither more, nor less.
Abu'l Kalam Azad, a famous translator of the Holy Quran
and a noted writer, says: What is justice, but the avoiding
of excess? There should be neither too much, nor too
little; hence the use of scales as the emblems of justice2.
Lest anyone try to do too much or too little, the Holy
Quran points out that no human being can carry another's
burden or attain anything without striving for it.3
Recognizing individual merit is a part of 'adl. The Holy
Quran teaches that merit is not determined by lineage, sex,
wealth, worldly success, but by righteousness, which
consists of both right belief' (mn) and just action
('amal)4. Further, the Holy Quran distinguishes between
between passive believers and those who strive in the cause
For instance, see Surah al-Ma'idah, 5 : 8 and Surah an- Nisa', 4 : 136.
Fayzee, A.A.A., A Modern Approach to Islam, Universal Books,
Lahore, 1978 p. 17.
3
Reference here is to Surah an-Najm, 53: 38-39.
4
Reference here is to Surah al-Baqarah, 2:177.
2
165
166
D. Right to Freedom
As stated earlier, the Holy Quran is deeply concerned
about liberating human beings from every kind of bondage.
Recognizing the human tendency toward dictatorship and
despotism, the Holy Quran says with clarity and emphasis
in Surah ale-'Imran1:
It is not (possible) that a man, to whom is given the
Book, and Wisdom, and the Prophetic Office, should
say to people: Be ye my worshippers rather than
Allah's. On the contrary (he would say): Be ye
worshippers of Him Who is truly The Cherisher of
all.2
The institution of human slavery is, of course, extremely
important in the context of human freedom. Slavery was
widely prevalent in Arabia at the time of the advent of
Islam, and the Arab economy was based on it. Not only did
the Holy Quran insist that slaves be treated in a just and
humane way3, but it continually urged the freeing of
167
168
169
170
F. Right to Sustenance
As pointed out by Surah Hud, 11: 6, every living creature
depends for its sustenance upon God. A cardinal concept in
the Holy Quran, which underlies the socio-economic and
political system of Islam - is that the ownership of
everything belongs, not to any person, but to God. Since
God is the universal creator, every creature has the right to
partake of what belongs to God2. This means that every
human being has the right to a means of living and that
those who hold economic or political power do not have
the right to deprive others of the basic necessities of life by
misappropriating or misusing resources which have been
created by God for the benefit of humanity in general.
G. Right to Work
According to Qur'anic teaching every man and woman has
the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labour
belong to the one who has worked for them regardless of
whether it is a man or a woman. As Surah an-Nisa', 4:32
1
2
171
H. Right to Privacy
The Holy Quran recognizes the need for privacy as a
human right and lays down rules for protecting an
individual's life in the home from undue intrusion from
within or without2.
172
173
174
Verse 70
Verse 4
3
Verse 20
4
Verse 36-37
5
Verse 29
6
Verse 4
2
175
Verse 2
Verse 23-24
176
Verse 14
Quran, an-Nisa, Verse 30
177
Ibid, Verse 7
Ibid, Verse 34
3
Ibid, ar-Rum, Verse 48
4
al-Nahl, Verse 96.
2
178
1
2
Verse 6
Verse 20-22
179
180
181
you away from justice. Be just. It is closer to piety. AlMaidah says: We should be kind and considerate with
them. The Holy Messenger said: Allah will not have
mercy on a person who does not have mercy on others
(Bukhari al Tawhid). We should always keep helping them;
feed them if they are hungry and cloth them if they are bare;
treat and nurse them when they are ill and comfort them in
their despair. Hadith says that on the day of Qiyamat, Allah
will ask man on behalf of all the needy: I was hungry,
thirsty and sick but you paid me no attention. The man will
reply: You are Omnipotent and without needs. Allah will
then say: My so and so servant was hungry, had you fed
him you would have found me close to you; so and so was
thirsty had you given him water, you would have found me
close; so and so was ill, had you treated him and nursed him
you would have found me close. (Muslim).
The Holy Messenger has laid great stress on the protection
and well being of those non-Muslims who are citizens of a
Muslims state or who have agreements with them. He said:
If anyone hurts a Zimmi, then I will be his advocate on
judgment day and I will win my plea. In Sahih Bukhari he
says: Never be unjust to a Zimmi who has an agreement;
never over burden him and if something is forced away
from him then I will be his advocate on the day of
judgment.
Islam has even allowed protection to an enemy. The Holy
Messenger and Islam have enriched the society with the
knowledge of rights and duties. Today, we need to
implement these commands. We should propagate it orally
and in writing but the best way is to establish them through
deeds.
***
182
Introduction:
The primary source of knowledge in Islam is the Holy
Quran. The Holy Quran consists of the Arabic text,
revealed to Prophet Muhammad (peace be on him) over a
period of 23 years.
The Holy Quran gave to mankind an ideal Code of Human
Rights fourteen centuries ago. These rights aim at
conferring honor and dignity on mankind, and to eliminate
exploitation, oppression and injustice.
Human Rights in Quran are firmly rooted is the belief that
God, and God alone, is the Law Giver and is the Source of
all Human Rights. Due to their Divine origin, no ruler,
government, assembly or authority can curtail or violate, in
*
183
any way, the Human Rights conferred by God, nor can they
be surrendered.
Human Rights in Quran are an integral part of the overall
Islamic order, and it is obligatory on all Muslim
governments and organs of society to implement them in
letter and in spirit within the framework of that order.
It is unfortunate that Human Rights are being trampled
upon with impunity in many countries of the world,
including some Muslim countries. Such violations are a
matter of serious concern and are arousing the conscience
of more and more people throughout the world.
These are the rights which every human being, on account
of his belonging to the human race, is entitled to without
any discrimination of sex, colour, race, religion, abode
(land) and nationality. An Islamic State guarantees these
rights to every individual living in its territory. And, if the
State fails to provide such a surety, the individuals can
acquire those rights through the court of law.1
184
185
4-Right to Respect:
In (Surah al-Isra, 17:70) the Holy Quran says: Now,
indeed, We have conferred dignity on the children of
Adam. Human beings are deemed worthy of esteem,
because of all creation they alone chose to accept the
trust of freedom of the will (Quran, Surah al-Ahzab,
33:72). Human beings can exercise freedom of the will
because they possess the rational faculty, which is what
distinguishes them from all other creatures (Quran, Surah
al-Baqarah, 2:30-34). Though human beings can become
the lowest of the lowest, the Holy Quran declares that
they have been made in the best of moulds (Quran,
Surah, At-Tin, 95:4-6), having the ability to think, to have
knowledge of right and wrong, to do the good and to avoid
the evil. Thus, on account of the promise which is
186
5- Right to Freedom:
The Holy Quran is deeply concerned about liberating
human beings from every kind of bondage. Recognizing
the human tendency toward dictatorship and despotism, the
Holy Quran says with clarity and emphasis in Surah alImran, 3: 79)
It is not (possible) that a man, to whom is given the Book,
and Wisdom, and the Prophetic Office, should say to
people: Be ye my worshippers rather than Allahs. On
the contrary (He would say): Be ye worshippers of Him
Who is truly the Cherisher of all.
187
8 Right to Sustenance:
As pointed out by Surah Hud, 11: 6, every living creature
depends for its sustenance upon God. A cardinal concept in
the Holy Quran which underlies the socio-economic and
political system of Islam, is that the ownership of
everything belongs not to any person, but to God. Since
God is the universal Creator, every creature has the right to
partake of what belongs to God (Surah al-An`am, 6:165;
Surah al-Mulk, 67: 15). This means that every human being
has the right to means of living, and that those who hold
economic or political power, do not have the right to
deprive others of the basic necessities of life by
misappropriating or misusing resources which have been
created by God for the benefit of humanity in general.
To provide means of sustenance to every individual, is the
responsibility of the system raised on Divine Injunctions:
(Quran 6:152). Such system shall proclaim: We are
responsible for your needs as well as the needs of your
offsprings.
188
11-Right to Work:
According to Quranic teaching, every man and woman
has the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labour
belong to the one who has worked for them - regardless of
whether it is a man or a woman. As Surah An-Nisa', 4:32
states: to men is allotted what they earn, and to women
what they earn.
189
190
191
21-Other Rights
Since Quran touches every aspect of human life, there are
a large number of references concerning Human Rights
than can be mentioned in this short summary. Reference
has been made in the foregoing account to the Human
Rights which figure most importantly in the Holy Quran
and which continue to be of on-going interest and
importance in contemporary Muslim societies. In addition
to the rights mentioned in the foregoing account, reference
may also be made to the following: (1) the right to social
and judicial autonomy for minorities, (2) the right to
protection of one's holy places, and (3) the right to return to
one's spiritual centre.
Conclusion:
The entire philosophy of Human Rights is based on the
premise that all humans are equal. No one is superior to
another through his nationality, race, lineage, colour, sex,
wealth or status. This is the fundamental message of Islam.
It is to be made clear that Islam tries to achieve the above
mentioned Human Rights and many other not only by
192
PART TWO
HUMAN RIGHTS
AND
THE SIRAH OF PROPHET
MUHAMMADe
193
194
195
196
others blood, nor eject each other from the residence. You
agreed and became a witness to it.
This history of Human Rights in the Holy Quran is a proof
that the basic rights were promulgated right from the time
of Adam. The Western world claims that the history of
Human Rights is around four hundred years old and
whatever they have achieved with hardships, benefits the
entire world today. But the history that Quran is
presenting to us, starts from the day Adam arrived on earth;
and this was not his achievement but Allah had arranged
this system for him. Wherever we have the echoes of
Human Rights the epicenter of it is the commands of Allah.
The scope of the human rights is very wide in the Islamic
society. Like other laws formulated by mankind, it does not
limit its scope between the ruler and the ruled; instead it
propagates the laws that governed the entire life of
mankind. Quran and hadith have so interlinked the laws of
Allah by faith, by worship, civility, social norms, cultural
rules, politics, justice, peace and war that you do not need
to formulate any laws to govern a society. The Human
Rights that Quran and hadith have fixed1 are above the
powers of the state laws and through its justice they have
ensured the dignity of every individual. These rights do not
include just security of life, dignity, property, justice,
equality, freedom of expression and religion but also the
rights from breast feeding the baby to the right of dowry
(Mehr) of every women, that had been incorporated by the
Messenger and Allah. There can be no changes within now.
Quran has called them Huddallah. This parameter is
the control of both the individual and a state.
1
197
198
199
Personal Freedom:
Islamic State does not allow the detention of any person
until the guilt is proven. Today, pre-eruptive detention is
the game being played on the pretext of national security.
This is not allowed in Islam. The Islamic viewpoint is to
avoid punishment as much as possible, the proof of guilt is
not for punishment.1 The scope of forgiveness should be
searched first. The Messenger has said: Try and save the
Muslims from punishments as much as possible. Excuse
them at the slightest possibility. This has been elaborated in
the incident of bin Malik. He committed adultery. Came to
1
. Bukhari. p. 323.
200
201
202
203
daughter had done the same thing, I would have cut her
hand (Bukhari & Muslim). Anyone living in an Islamic
State has the right to defend his innocence if injustice has
been meted out to him. Quran has the order from Allah to
his Prophet that he should proclaim: I have been ordered
to establish justice among you. The way the Messenger of
Allah and the Muslim leaders have practised this is a
beacon of light for us.
204
205
before the Western world thought about it. The Rasul has
explained this in his Sermon after his last Hajj. Islam did
not just promulgated these laws, but instilled them in the
consciences of the believers; putting the fear of God in
them; making them love mankind, and realizing their duty
towards the society. These are those distinctive features of
Islam that are the flag bearer of Human Rights which the
Western world does not have. This is why they are the
biggest violators of Human Rights and the U.S.
Government is leading them blatantly, being proud of it.
***
206
207
208
209
210
211
212
213
you said that the other was better I would not have returned
it, but would have recovered its price for you.
To conclude, it may be said that the Srat or the Character
of the Holy Messenger was like an unending clean and
pure ocean. Just as the miracles of the Holy Quran will
never cease, the miracles of the Messengers character too
will never cease till the Day of Judgment.
Bibliography
Bukhari Sharif, Vol. 2.792 and 2.253
Zarqani Sharrah Muwahib, Vol. 4.295
Bukhari Sharif, Vol. 1.170
Seerah Ibn Hisham, Vol. 1.416/417
Seerah Halbia, Vol. 506/7
Seerah Halbia, Vol. 1.506
Seerah Halbia, Vol. 1.506
Sayyed Sabauddin Buzme Sufia, 412-413.
***
214
215
216
If one simply goes through the Holy Qur'an, one will find
both types of Verses: one group of Verses emphasizing the
Omnipotence of God, and the other stressing upon human
freedom. It is mentioned in the Holy Quran that:
( : )
Lo! Allah is able to do all things1 (al-Baqarah:2)
( : )
Unto Allah (belongeth) whatsoever is in the heavens
and whatsoever is in the earth; and whether ye make
known what is in your minds or hide it, Allah will
bring you to account for it. He will forgive whom He
will and He will punish whom He will. Allah is able to
do all things.2
(al-Baqarah: 284)
( : )
Allah is Mighty Wise3 (al-Baqarah : 228,240)
( : )
Allah Createth what He will. Lo! Allah is able to do
all the things.4 (al-Noor : 45).
( )
For thy Lord is ever Powerful.1 (al-Furqan : 54).
1
217
)
( :
Say: O Allah! Owner of Sovereignty! Thou givest
sovereignty unto whom Thou wilt, and Thou
withdrawest sovereignty whom Thou wilt. Thou
exaltest whom thou wilt and thou abasest whom Thou
wilt. In Thy hand is the good. Lo! Thou art able to do
all things2.
On the other hand one also clearly finds in the Holy Qur'an
that God has given man freedom and power to exercise his
will according to his wisdom. The Holy Book vividly
indicates that:
( : )
Allah Changeth not the condition of a nation until
they (first) change what is there within them ....,
(: )
And that man hath only that for which he maketh
effort. 3
( : )
Whoso committeth sin, committeth it only against
himself4
( : )
So whosever is guided, is guided only for (the good
of) his soul, and whosoever erreth, erreth only against
it. And I am not warder over you.1
1
Ibid., 25:54.
Ale-Imran:26
3
al-Najm : 39
4
al-Nisa: 111
2
218
( : )
So Allah surely wronged them not; but they did
wrong themselves.2
( : )
There doth every soul experience that which it did
aforetime, and they are returned unto Allah, their
rightful Lord, and they which they use to invent hath
failed them.3
In view of the above mentioned Verses of the Holy Quran,
the question naturally comes to one's mind as to how, the
Holy Book, on the one hand, so powerfully underlines
human responsibility and on the other, advocates
everything including mans actions to be determined or
ruled by an Omnipotent Will of God. This inconsistency in
the domain of the Islamic ethical discourse, was resolved
through the blessings of the Prophet of Islam.
Prophet Muhammad(e)set up an example through his
conduct and practice that may be of great value in
resolving this issue. The Holy Prophet of Islam clearly told
the people that the Verses of the Holy Quran in which
Allahs All-Powerful Will is described and termed as the
Decree of Allah, are categorically referring to the laws of
nature. As we see, the stars and planets each have their
appointed course, so have the changing of day and night
and the seasons, and every object of creation. The
movements of the heavenly bodies, the phenomena of
nature, life and death, are all governed by the Divine Law.
al-Younus: 108
al-Tawbah : 70
3
Al-Younus : 30
2
219
220
221
Muzaffaruddin Nadvi, Muslim Thought and its Source, Idara-iAdabiyat-i-Dilli, Delhi, 1983, p.71
222
223
Ibid, p. 411
Ibid
3
Abu Ja'far Muhammad ibn Ya'qub ibn Ishaq al-Kulaini (d. 328 or
329), Usul al-Kafi (Persian Tr.), Intisharat-e Islamiyyah, Tehran, Iran,
pp. 222-24.
2
224
225
Ibid., p. 53.
Cf. Amir Ali, op.cit., p. 412.
226
1. Freedom in Nahjul-Balaghah :
In Nahjul-Balaghah Imam 'Ali (A.S.) has repeatedly and
forcefully emphasized that God created man a trustee, a
free being, with sound senses and rational faculty, and led
him with His Grace to the right path. But it was man who
charmed himself with fable desires and wrong ambitions.
The Imam stresses this point with regard to man's natural
makeup and his ability to exercise his freedom in the right
direction. The French philosopher Rousseau's famous
dictum Man was born free, but everywhere he is in
chains, echoes the saying of Imam 'Ali, repeated time and
again during his days of struggle for human freedom, when
it was threatened by the stern fatalists and slaves of worldly
desires and encroached upon by those who wanted to
reduce a free Islamic society to a tyrannical monarchy and
barbarism.
The notion of freedom as one of the fundamental rights has
been discussed and elaborated by various religious scholars
1
Shuja Alhaq, A Forgotten Vision, Vikas Pub. House Pvt. Ltd., 1997,
p. 110.
227
228
Imam 'Ali, Nahjul Balaghah, Sermon 81, (Tr. S.A. Raza), Ansariyan
Publications, Qum, Iran, 1401 A.H./1981 A.D., p. 155.
2
Ibid., p. 159 .
229
230
2. Justice:
Justice can be defined as maintaining equilibrium among
various duties and obligations and rights. As a modem
Western ethical thinker, William K. Frenkena, says:
Justice is treating people according to their needs, their
abilities, or both... the basic standard of distributive justice
is equality of treatment.2 Besides this, one must do justice
with oneself also. There are various Verses in the Holy
Quran and innumerable passages in the Nahjul Balaghah
restraining men from indulging in excesses even in
desirable deeds, such as generosity, excess of which is israf
and is prohibited. Doing justice to others, which ensures
1
231
3. Knowledge:
The Nahjul-Balaghah also emphasizes to acquire
knowledge of the creation in general and of this world in
particular, for it is a pre-requisite for knowing Human
Rights and making use of freedom in the right direction for
the purpose willed by Allah. Therefore, knowledge if used
properly, helps man in winning God's favour. As the Holy
Quran declares: And among men is he who sells his self
232
233
Imam Ali, Nahjul Balaghah, letter Nos. 13 & 53, Tr. S. Ali Raza,
Ansariyan Publications, Qum, Iran, op. cit.
234
Imam Ali, Nahjul Balaghah, letter No. 13, Tr. S. Ali Raza, Ansariyan
Publications, Qum, Iran, 1981, op. cit.
2
Imam Ali, Nahjul Balaghah, letter No. 53, Tr. S. Ali Raza,
Ansariyan Publications, Qum, Iran, 1981, op. cit.
235
Ibid.
Wahida Akhtar, Freedom in the Islamic Framework of Human Rights
with special reference to the Hanjul-Balaghah, Message of Thaqalayn,
Vol. 1, No. 1, September, 1993, pp. 120-121.
2
236
Conclusion:
From the above discussion, it may be concluded that the
notion of freedom is one of the most fundamental rights of
man as given in the Holy Qur'an and explained and practised
by Prophet Muhammad(e) and his Ahlulbayt, chiefly by
Imam Ali (A.S.), Imam Husain (A.S.), Imam Jafar alSadiq (A.S.) and Imam Ali ibn Musa al-Rida (A.S.). All
Human Rights originate in man's freedom and are secured
by the fulfillment of obligations to society and state. A
society which gives more rights to its members, is to be
considered freer than those which either grant limited rights
only or do not ensure that they are safeguarded or protected.
The modern States, as we see, the ones which claim to be
open, democratic, secular and free, curtail constitutional
rights in one way or the other; and the ones that are based
upon the sovereignty of the working class deprive other
classes of Human Rights. Furthermore, the latter, through
propaganda and doctrinal regimentation dehumanize and
mechanize free moral, agents and thus rob them of to their
right to choose in the light of their deepest lights.
The technocracy and bureaucracy of modem societies, both
capitalist and socialist, are concerned with the material
aspect of man and, consequently, dehumanize all social and
human relations. In the final analysis, freedom or other
Human Rights entail, rather presuppose a world-view and
value-system structured on the spiritual inviolability of
man. Ideologies promised on the ultimacy of matter, can
never appreciate the essential spiritual realm wherein the
norms of rights operate or ooze out, so to say, from a
transcendental or trans-human source. Merely material
gains do not satisfy the inner being of a man. Islam, on the
other hand, ensures the fulfillment of both the material and
spiritual aspirations of man by giving all sections of society
237
238
239
the past ten years. This sanction policy has given the
Western countries, led by the USA, the right to commit
infanticides worse than that committed by Ramesis II to
thawart the birth of Hazrat Msa. Human life in Christian
countries has a value but in the countries they consider
enemies, they cover it by the clause collateral damage.
Israel has a right to exist but the Palestinians do not have the
right to basic freedom. Adolf Hitler had the right to
exterminate thousands of Jews and the USA had the right to
bomb the civilians of Hiroshima and Nagasaki, but the
Afghans and the Iraqis do not have the right to kill the
soldier who forcibly occupies their country. How do we as
Muslims define Human Rights and what is meant by the
word dignity ?
Human Rights Today: In the year 1948, the United
Nations Charters Articles 55/56 cast a legal obligation as
the UNO took to promote respect for the observance of
Human Rights. The Universal Declaration of Human Rights
was passed in 1948 and was proclaimed in the General
Assembly. This was after the two world wars had been
fought and the world had observed the silence of the Vatican
in Rome. Further, the declaration has made after the
extermination of the civilian population of Hiroshima and
Nagasaki by the U.S.A.s Atom Bombs. This butchery of the
non-combatants may have evoked a sense of guilt in the
victorious nations and led to this Declaration. These salient
features relevant to our topic are: All humans are born free
and equal in dignity and rights. (Article 1); Everyone is
entitled to all the rights and freedoms set forth in the
Declaration without distinction of race, colour, sex,
language, religion, political and other opinion, national and
social origin, property, birth and other status (Article 2);
Everyone has the right of life, liberty and security of a
240
241
242
243
244
245
05. All humans are born free with equal rights. No one has
the right to practise female infanticide.
06. No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment. No one had the
right to exile Abu Dhar Ghaffari for reciting the Holy
Quranic Verses that warned against accumulation of
wealth.
07. Everyone has the right to life and security of person. No
one had the right to attack the house of Fatima, the
daughter of the Messenger or to try to burn it down.
08. No one shall be arbitrarily deprived of his property by
aggression. Yazid had no right to trespass on the land,
purchased by Imam Husain at Karbala and to torture his
family and burn the tents after him.
09. Everyone has the right to leave his country and return to
it. Imam Husain had offered to go back to Medina or to
any other place but Yazid forced him to go to Karbala
and then got him killed.
10. No one should be deprived of the essential resources of
life. Yazid forced Imam Husain to move away from the
Euphrates and stopped the supply of water from the
fourth of Muharram. As against this, Imam Husain had
quenched the thirst of Hur Bin Yazid Riyahi and his
forces when they first met.
11. Everyone has the freedom of conscience and of religion.
The Ahlebait were being forced from the day after the
death of the Messenger to accept the people's choice of
leaders, no matter how hastily or forcibly he was chosen
in violation of what was earlier proclaimed by the Holy
Messenger.
12. No one has the right to kill children in battle. The forces
of Yazid not only killed the adolescent boys but also
even a six months old infant who was suffering from
hunger and thirst for the past three days.
246
247
248
PART THREE
Human and Sufis
249
250
251
252
would end. But if a man opposes nafs with nafs, there can
be no end to conflicts and strives.
Sufis believed that in their times, the whole or almost the
entire income of the Sultan was from prohibited sources.
The permitted income is only sadaqat, fay and ghanima.
And, these had no existence in those days. Only jizya
remained but it was realized through such cruel means that
it did not continue to be permitted.
The other alternative suggested by the Sufis, is that a man
should keep away from Salatin (rulers) so that he does not
come face to face with them, and this alone is feasible for
there is safety in it. It is obligatory, to name the conviction
that their cruelty deserves to be condemned. If a sufi
associated with the governing class- which by its very
nature was an exploiting class, he isolated himself from the
main sphere of his activity, the masses. He ceased to be a
man of the masses and became part of bureaucratic
machinery. It was in view of these considerations that the
Sufis developed an attitude of contempt and indifference
towards government and refused to serve under it. Imam
Abu Hanifa (ob. 767 A.D.) turned down the request of
Mansur a ruler of Abbasid dynasty to accept the post of
qazi. Imam Hambal refused to dine at his sons house
because he had served for one year as Qazi of Isfahan.
Sheikh Saud once remarked in relation to ulema: the
object of acquiring knowledge of the relegious law is to act
upon it and not to harass people. It was probably for this
reason that when Shaikh Nizamuddin Aulia requested
Shaikh Nafisuddin Mutawakkil to pray for his appointment
to the post of Qazi, he replied: Dont be Qazi, be
something else.
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predecessors and an eye opener and lesson in your forefathers, provided you understand?1
For Abu Ali al-Rudhabari a Sufi is one who wears wool
over (his) purity, gives his lust the taste of tyranny, and
having overthrown the world, journeys in the pathway of
the chosen one2 For Sahl ibn Abdullah al-Tustari a Sufi is
one who is clean of impurity and full of meditation, who
is cut off from humanity for Gods' sake, and in whose eyes
gold and mud are equal.3 For Abu al-Husayn al-Nuri
Sufism is abandoning all the portion of the carnal soul4.
For al-Junayed Sufism is the purification of the heart from
associating with created beings avoiding temptations of
the carnel soulbeing truly faithful to God and following
the Prophet according to Law.5
Sufism may be said to be an effort to attain the vision of
God, which according to Ghazali is the greatest pleasure
men can conceivably have. In pursuance of the same, the
seeker has to adopt a style of life conducive to spiritual
growth, maturity and sophistication. For example, Ghazali
recommends that a seeker must inculcate patience and
gratefulness. He should live in a state of fear and hope. He
should cultivate a life of poverty and renunciation. He
should have complete trust in God; should love God and
should be psychologically attached to none but God. He
should be engaged in deep meditations and introspections
and concentrate on nothing but God. He should constantly,
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al-Ghazalli, Ihyay-i-Uloom-i-Din
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***
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Fawaid-ul-Fund, p. 207.
Nahjul Balagha, Letter No. 53, Ansarian Publications, Qum,
Islamic Republic of Iran, 1981, P. 531
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Politics and Society during the early Medieval Period, Vol. I, p. 256,
Ed. K. A. Nizami,
2
Maxime Rodinson, Islam and Capitalism, Tr. by Brian Pearce, p.64
3
Edward Said, Orientalism, p.305
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Nahjul Balagha
Arberry, pp..80-86
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Purar-i-Nizami, Mss: Siyar-ul-Aulya, p. 559
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PART FOUR
Human Rights:
Related Issues
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None of you should say: This is my slave and this is
my slave-girl; he should rather say: This is my boy
and this is my girl.
Liberation of Slaves
Mere restoration of human status to the slaves, does not
suffice in Islam. In its efforts to completely wipe out
slavery from society, it became the first to initiate the
movement of emancipating them in a phased manner. It
sought to bring about their total freedom by two important
means: (1) voluntary emancipation of slaves by their
masters called al-Itq and (2) purchase of freedom by slaves
called mukatabah.
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If anyone curses his slave by invoking the disgrace of
Allah on him, the latter is free.
A large numbers of slaves achieved their freedom through
these voluntary means of emancipation. The Prophet
himself encouraged the practice of freeing slaves by setting
free all the slaves he had. His companions also followed his
example. Even in the initial years of nascent Islam in
Mecca where atmosphere was quite uncongenial for the
Muslims, Khadijah, the Prophet's wife, Abu Bakr and other
wealthy Muslims freed a good number of slaves by
purchasing them from the Meccan disbelievers.
The movement of freeing slaves was further accelerated
following the Prophet's migration to Madina. Among the
numerous companions who distinguished themselves by
liberating slaves, mention may be made of Abdullah Bin
'Umer and Abdul Rahman Bin 'Awf who set free one
thousand and thirty thousand slaves respectively.1
Similarly, Hakim Bin Hazm, who professed Islam on the
day Mecca was conquered, celebrated his profession of
Islam by freeing one hundred slaves.2
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could not cancel this contract; while the slave could annul
it, if he so desired.
Furthermore, if a slave offered to ransom his freedom, his
owner could neither turn down the offer, nor could he delay
his emancipation on receipt of the ransom-money. Thus, by
this provision Islam paved the way for freedom of all
slaves desiring liberty at their own convenience.
It was also considered virtuous to help the slaves in their
efforts to obtain freedom. The master was enjoined not to
exact the whole amount earned by the slave; and the Holy
Quran has provided for a part of the zakat (poor-tax) to be
set aside for the benefit of slaves aspiring to purchase their
freedom. For example, the following Quranic Verse lays
down that eight part of the poor-tax should be spent for
ransoming such slaves as were unable to obtain their liberty
with their own earnings:
Alms are only for the poor and the needy, and the officials
appointed over them... and for the ransoming of captives.1
It is clear from the above that the financial assistance
provided to the slaves by the State out of the Public
Exchequer for the purpose of setting them at liberty, was a
sure manifestation of the great interest taken by Islam in
the eradication of slavery.
Yet, another Islamic measure which hastened this process
of withering away of the institution of slavery, was that
while elsewhere a child born in slavery would always
remain a slave, the Holy Prophet enjoined that if a captive
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GENDER JUSTICE,
ISLAM AND HUMAN RIGHTS
Professor Salim Akhtar*
The views expressed here come from a humble student of
Islamic law and not from a judge or Mujtahid. In this Paper
an attempt has been made to discuss the women's right in
Islamic Shariah, and women's rights as Human Rights. The
Paper is divided into four broad parts namely - (1) The
Institution of Polygamy, (2) Divorce, (3) Post-divorce
maintenance, and (4) Crime against women.
The drastic changes brought about by the unprecedented
progress and advancement of Information Technology in the
world today, have virtually upset the old social and
economic structure of society with the result that the pattern
of moral and religious values hitherto is in vague, and held
in high esteem, it has begun to shrink, yielding place to new
one. This situation, which has been a great source of
inconvenience to all religions, has posed a question to Islam
in particular i.e., whether Islam (which claims to be religion
for all human beings of the world and for all times to come)
is in a position to meet the challenges of modem civilization
and culture particularly relating to the womens Human
Rights in India and the entire world.
*
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