Assignment No.

Submitted To
Basharat Ali

Submitted By
Ali Haider

Subject
Sociology of Law and Human Rights

Roll No
7402

Semester
8TH

G.C.U.F
Q.No 1, Define the concept of human rights, Explain it’s
historical background, needs and importance?
Definition
Human rights are the basic rights and freedoms that belong to every person in the
world, from birth until death.

They apply regardless of where you are from, what you believe or how you choose to live your
life.

They can never be taken away, although they can sometimes be restricted – for example if a
person breaks the law, or in the interests of national security.

Historical Background
HISTORY OF HUMAN RIGHTS. Originally, people had rights only because of their
membership in a group, such as a family. Then, in 539 BC, Cyrus the Great, after
conquering the city of Babylon, did something totally unexpected—he freed all slaves to
return home. Moreover, he declared people should choose their own religion ...

The Universal Declaration of Human Rights turns 70 years old and continues to be the
“international Magna Carta for all men everywhere”, as Eleanor Roosevelt, chair
of the United Nations Human Rights Commission, once defined it.

However, before the widow of the former President of the United States presented
the world with this document in 1948, there were prior treaties that recognised the
need to give a single, equal status to all human beings.

The United Nations pinpoint the origin of Human Rights to the year 539 BC. When
the troops of Cyrus the Great conquered Babylon, Cyrus freed the slaves, declared
that all people had the right to choose their own religion, and established racial
equality. These and other precepts were recorded on a baked-clay cylinder known
as the Cyrus Cylinder, whose provisions served as inspiration for the first four
Articles of the Universal Declaration of Human Rights.
 The English Carta Magna, a starting point for modern democracy

Based on these decrees, civilizations in India, as well as Greece and Rome, expanded
on the concept of 'natural law' and society continued to make progress, leading to
another cornerstone of the history of Human Rights: the Magna Carta of 1215,
accepted by King John of England, considered by many experts as the document that
marks the start of modern democracy.

Also known as the Great Charter, this document covered, among other things, the
right of widows who owned property to choose not to remarry, and established
principles of equality before the law..

Birth of the United Nations

In the mid 20th Century, well after the First Geneva Convention in 1864, which
established a series of rules in the context of armed conflicts, we witnessed the birth of
what we now know as the United Nations in 1945. Exactly at the end of the Second
World War, fifty states gathered together to “save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to
mankind”, as stated in the preamble to the proposed charter.
Three years later, the 30 articles that make up the Universal Declaration of Human Rights were
presented to the world, acting for the first time as a recognised and internationally accepted charter
whose first article states that “All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards one another in a spirit of
brotherhood."

Needs and importance

Human rights reflect the minimum standards necessary for people to live with dignity. Human rights
give people the freedom to choose how they live, how they express themselves, and what kind of
government they want to support, among many other things.
Human rights also guarantee people the means necessary to satisfy their basic needs, such as food,
housing, and education, so they can take full advantage of all opportunities. Finally, by guaranteeing life,
liberty, equality, and security, human rights protect people against abuse by those who are more
powerful.
 According to the United Nations, human rights:

“Ensure that a human being will be able to fully develop and use human qualities such as intelligence,
talent, and conscience and satisfy his or her spiritual and other

Q. No 2. What are narration of Qur'an about human rights explain in details?

Human Rights in Islam

1. Introduction
Human dignity is manifest since the very moment of the man’s creation.
Allah (SWT) created man in the best and most perfected form ever.
Contemplate this verse in which Allah (SWT) says what can be translated
as,“Who created you, proportioned you, and balanced you? In whatever
form He willed has He assembled you.” (Al-Infitar: 7-8)
He also says, “… and formed you and perfected your forms; and to Him is the

[final] destination.” (At-Taghabun: 3)

So, this is how Allah (SWT) honored mankind with regards to the form.

Despite man’s weakness and that Allah (SWT)is not in need for him, yet
Allah (SWT) has honored human beings by giving them the chance to
worship Him. There is no one to be worshiped except Allah (SWT), for
there is no real worshipped one but Allah (AWJ) , who says, “And I did not
create the jinn and mankind except to worship Me.” (Adh-Dhariyat: 56)

2. In another place in the Qur’an, Allah (SWT) says, “Say, ‘Indeed, my prayer,
my rites of sacrifice, my living and my dying are for Allah, Lord of the
worlds. No partner has He. And this I have been commanded, and I am the
first [among you] of the Muslims.’”(Al-An’am: 162-163)

Allah (SWT) has honored man through preserving his religion, self,
 property and dignity and forbade transgressing anything of them. It is
mentioned in the noble hadith (the Messenger’s sayings) that the Prophet
(PBUH) said, “All things of a Muslim are inviolable for his brother in faith:
his blood, his wealth and his honor.” (Sahih Muslim)

Allah (SWT) has made it forbidden to offend a human being by any word or deed.
This is also a kind of honor from Allah (SWT), who says, “O you who have
believed, avoid much [negative] assumption. Indeed, some assumption is
sin. And do not spy or backbite each other. Would one of you like to eat the
flesh of his brother when dead? You would detest it. And fear Allah ; indeed,
Allah is Accepting of repentance and Merciful.”(Al-Hujurat: 12)

3. In another verse, He says, “O you who have believed, let not a people
ridicule [another] people; perhaps they may be better than them; nor let women
ridicule [other] women; perhaps they may be better than them. And do not
insult one another and do not call each other by [offensive] nicknames.
Wretched is the name of disobedience after [one's] faith. And whoever
does not repent - then it is those who are the wrongdoers.”(Al-Hujurat: 11)

4. Whoever looks into the human rights in Islam, would realize that they
are eternal and legitimate rights. They are unchangeable during the course of
time. They can neither be abrogated, suspended, distorted, nor altered. They
are self
-protected because they are given by the All-Wise, the All-Knowing.
Allah (SWT) knows His own creation best. He knows the interests of His
servants better than they do. These are Divine rulings and of
consequentaccountability. Allah (SWT) has revealed them in His Books and
to His Messengers.
Allah (SWT) approved for this nation Islam as religion. He made Prophet
Muhammad (PBUH) the last prophet of all. He, above all, has made it a duty over
His servants to protect and care for those rights among each other. He made it
forbidden to desecrate or exploit those rights, in order for the human being to live
secured, safe and dignified. Islam concept of human dignity is not limited only to
this worldly life. It extends until after death, for a human’s rights in Islam are not
limited to his living only. Rather, man, in Islam, is honored in both this worldly life
and the Hereafter. He is honored in health or sickness, in thick and thin and in the
good or bad.

5. The word ‘human being’ includes, both, male and female. The honor that
has been granted by Allah (SWT)is enjoyed by both, man and woman,
equally. A woman’s dignity is equal to man’s dignity. She has rights
just as she has duties. With regards to the accountability, Allah (SWT)
enjoinedon each of them what pertains and is suitable for him and her. Yet, on
the general level, women are like men. By tracing the texts of the Islamic
law, one can easily recognize how careful Islam is for those rights. It is
quiet manifest in the Book and the Sunnah as well in an unprecedented way
in any other religion. Human systems and man-made laws have failed to
achieve what Islam has achieved with regards to human rights.

6. Islam and human being

Islam highly estimates and admires human being in accordance with the verse,
in which Allah (SWT)says, “And We have certainly honored the children of
Adam and carried them on the land and sea and provided for them of the good
things and preferred them over much of what We have created, with
[definite] preference.” (Al-Isra’: 70)

Q:NO 3 Describe the universal declaration of human rights

with its all articles?

Where, after all, do universal human rights begin? In small places, close to home - so
close and so small that they cannot be seen on any maps of the world. Yet they are
the world of the individual person; the neighbourhood he lives in; the school or college
he attends; the factory, farm, or office where he works. Such are the places where
every man, woman, and child seeks equal justice, equal opportunity, equal dignity
without discrimination. Unless these rights have meaning there, they have little
meaning anywhere. Without concerted citizen action to uphold them close to home,
we shall look in vain for progress in the larger world.'
 The UDHR marked an important shift by daring to say that all human beings are free
and equal, regardless of colour, creed or religion. For the first time, a global
agreement put human beings, not power politics, at the heart of its agenda.

The 30 rights and freedoms set out in the UDHR include the right to asylum, the right to
freedom from torture, the right to free speech and the right to education. It includes
civil and political rights, like the right to life, liberty, free
speech and privacy. It also includes economic, social and cultural rights, like the right
to social security, health and education.

A summary of the 30 articles of the Universal Declaration of Human Rights

Article 1: We are all born free. We all have our own thoughts and ideas and we
should all be treated the same way.

Article 2: The rights in the UDHR belong to everyone, no matter who we are, where
we’re from, or whatever we believe.

Article 3: We all have the right to life, and to live in freedom and safety.

Article 4: No one should be held as a slave, and no one has the right to treat anyone
else as their slave.

Article 5: No one has the right to inflict torture, or to subject anyone else to cruel or
inhuman treatment.

Article 6: We should all have the same level of legal protection whoever we are, and
wherever in the world we are.

Article 7: The law is the same for everyone, and must treat us all equally.

Article 8: We should all have the right to legal support if we are treated unfairly.

Article 9: Nobody should be arrested, put in prison, or sent away from our country
unless there is good reason to do so.

Article 10: Everyone accused of a crime has the right to a fair and public trial, and
those that try us should be independent and not influenced by others.

Article 11: Everyone accused of a crime has the right to be considered innocent until
they have fairly been proven to be guilty.

Article 12: Nobody has the right to enter our home, open our mail, or intrude on our
families without good reason. We also have the right to be protected if someone tries
to unfairly damage our reputation.

Article 13: We all have the right to move freely within our country, and to visit and
leave other countries when we wish.

Article 14: If we are at risk of harm we have the right to go to another country to seek
protection.

Article 15: We all have the right to be a citizen of a country and nobody should prevent
us, without good reason, from being a citizen of another country if we wish.

Article 16: We should have the right to marry and have a

family as soon as we’re legally old enough. Our ethnicity, nationality and religion
should not stop us from being able to do this. Men and women have the same rights
when they are married and also when they’re separated. We should never be forced
to marry. The government has a responsibility to protect us and our family.

Article 17: Everyone has the right to own property, and no one has the right to take
this away from us without a fair reason.

Article 18: Everyone has the freedom to think or believe what they want, including the
right to religious belief. We have the right to change our beliefs or religion at any time,
and the right to publicly or privately practise our chosen religion, alone or with others.

Article 19: Everyone has the right to their own opinions, and to be able to express
them freely. We should have the right to share our ideas with who we want, and in
whichever way we choose.

Article 20: We should all have the right to form groups and organise peaceful
meetings. Nobody should be forced to belong to a group if they don’t want to.

Article 21: We all have the right to take part in our country’s political affairs either
by freely choosing politicians to represent us, or by belonging to the government
ourselves. Governments should be voted for by the public on a regular basis, and
 every person’s individual vote should be secret. Every individual vote should be
worth the same.

Article 22: The society we live in should help every person develop to their best ability
through access to work, involvement in cultural activity, and the right to social
welfare. Every person in society should have the freedom to develop their
personality with the support of the resources available in that country.

Article 23: We all have the right to employment, to be free to choose our work, and to
be paid a fair salary that allows us to live and support our family. Everyone who does
the same work should have the right to equal pay, without discrimination. We have the
right to come together and form trade union groups to defend our interests as
workers.

Article 24: Everyone has the right to rest and leisure time. There should be limits on
working hours, and people should be able to take holidays with pay.

Article 25: We all have the right to enough food, clothing, housing and healthcare for
ourselves and our families. We should have access to support if we are out of work,
ill, elderly, disabled, widowed, or can’t earn a living for reasons outside of our control.
An expectant mother and her baby should both receive extra care and support. All
children should have the same rights when they are born.

Article 26: Everyone has the right to education. Primary schooling should be free. We
should all be able to continue our studies as far as we wish. At school we should be
helped to develop our talents, and be taught an understanding and respect for
everyone’s human rights. We should also be taught to get on with others whatever
their ethnicity, religion, or country they come from. Our parents have the right to
choose what kind of school we go to.

Article 27: We all have the right to get involved in our community’s arts, music,
literature and sciences, and the benefits they bring. If we are an artist, a musician, a
writer or a scientist, our works should be protected and we should be able to benefit
from them.

Article 28: We all have the right to live in a peaceful and orderly society so that these rights and freedoms
can be protected, and these rights can be enjoyed in all othecountries around the world..
 Article 29: We have duties to the community we live in that should allow us to
develop as fully as possible. The law should guarantee human rights and should
allow everyone to enjoy the same mutual respect.

Article 30: No government, group or individual should act in a way that would destroy the
rights and freedoms of the Universal Declaration of Human Rights.

Question.No4.
Discuss the fundamental rights available the citizens of
Pakistan?

Fundamental Rights are enshrined in the Constitution of Islamic Republic of Pakistan.

Chapter 1 of the Constitution contains articles about the fundamental rights. Articles 8
to 28 of the constitution deals with the all fundamental rights provided to the citizens
of Pakistan. Followings are the fundamental rights guaranteed to the citizens of
Pakistan under constitution.

 No person shall be deprived of life or liberty, save in accordance with

law (article 9)
 Safeguard as to arrest and detention. All arrested person must be informed of
grounds of their arrest, they have right to consult and defended by lawyer of
their choice.
 Right of fair trial under article 10A
 Slavery, forced labor is prohibited and no child under age of 14 year be
employed in factory and mines.
 There shall be protection against retrospective punishment

 There shall be protection against double punishment and self-incrimination.

 Freedom of movement to everyone
 Freedom of assembly for all citizens
 Freedom of association for all citizens
 There shall be freedom of trade, business and profession for all citizens.
 Freedom of speech for all citizens
 All citizens shall have right to have access to information in all matters of public
importance under article 19A.
 Freedom to profess religion and to manage religious institution in country
 Safeguard against the taxation for the purposes of any particular religion.
 Safeguard as to educational institutes in respect of religion etc.
 All citizens have right to acquire, hold and dispose of property in any
part of Pakistan.
 Protection of property rights of owners.
 All citizens are equal and there shall be no discrimination on bases of sex etc.
 Free and compulsory education to all children of age 5 to 16 by Government
 No discrimination in respect of access to public places.
 Safeguard against discrimination in services.
 All citizens have right to preserve their particular language, script and
culture

Question. No 5.
Define the term rights, explain the relation between the rights and
duties?

Relation between Rights and Duties!

1. Rights and Duties always go together:

Rights and duties are closely related and cannot be separated from one another. Both
go side by side. These are the two sides of the same coin. If the state gives the right
to life to a citizen, it also imposes an obligation on him to not to expose his life to
dangers, as well as to respect the life of others. If I have a right to work and earn, it is
also my duty to recognize the same right of others.

2. Right of One is the Duty of Others:

Rights can be enjoyed only in the world of duties. For every right there is
corresponding duty. When the people fail to discharge their duties properly, the rights
all become meaningless. “I can enjoy my rights only if the others allow me to do the
same. I have” the right to life and it is the duty of others to respect my life and not to
cause any harm to me.”

3. Rights of a Citizen also implies Duties for him:

Rights are not the monopoly of a single individual. Everybody gets these equally.
This means that “others also have the same rights which I have, and it is my duty to
see that others also enjoy their rights.” Laski has rightly said that one man’s right is
also his duty. It is my duty to respect the rights of others as well as the duty to use
my rights in the interest of society.

4. Rights are to be used for Social Good:

Rights originate in society. Therefore, while enjoying rights, we must always try to
promote social interest. It is the duty of every one of us to use our rights for
promoting the welfare of the society as a whole.

5. Duty towards the State:

Since state protects and enforces rights, it also becomes the duty of all citizens to be
loyal to the state. It is their duty to obey the laws of the state and to pay taxes
honestly. Citizens should always be ready to defend the state. Thus a citizen has both
Rights and Duties. He enjoys rights and performs his duties. Rights and Duties are
the two sides of the same coin.

Question. No. 6

What are the provisions related to protection of human rights

in Constitution of Pakistan?
Ans.

The situation of Human Rights in Pakistan (Urdu)

is complex as a result of the country's diversity, large population, its status as a developing country
and a sovereign Islamic democracy with a mixture of both Islamic and secular law.

he Constitution of Pakistan provides for fundamental rights, which include freedom of speech,
freedom of
thought, freedom of information, freedom of religion, freedom of association, freedom of the
press, freedom of assembly and the (conditional) right to bear arms. The Clauses also provide
for an
independent Supreme Court, separation of executive and judiciary, an independent
judiciary, independent Human Rights commission and freedom of movement within the
country and abroad. However these clauses are not respected in practice.

Political Freedom in Pakistan

Religious minorities were prevented from voting for Muslim candidates after Zia-ul-Haq's
Islamization and non-Muslims are
restricted in the posts they may contest for, with several of the higher posts being unavailable to
them. Although some of these laws were later repealed, religious minorities still continue to
face several restrictions in politics.
Although slow but steady progress has been made towards return to democracy in the last
decade, many Pakistanis and foreign observers see the military still firmly entrenched in
politics with the government playing second fiddle to the military. The government is
widely seen as having no control over the armed forces and the Inter-Services Intelligence.
The government is widely seen as having no control over the armed forces.

Freedom of the press in Pakistan

In general freedom of the press is allowed but any reports critical of the government policy or
critical of the military are censored.
Journalists face widespread threats and violence, making Pakistan one of the worst countries to
be a journalist in, with 61 being killed since September 2001 and at least 6 murdered in 2013
alone. Freedom House rated Pakistan as "Not Free" in its report of 2013 and gave it a score of
64 (on a scale of 0–100, with 0 being most free and 100 being least free). The report brought to
light widespread intimidation of journalists by various government, military and security
 agencies with killings allegedly being carried out by the Inter- Services Intelligence.[34]
Reporters without borders has ranked Pakistan number 158 out of 180 countries listed in its
Press Freedom Index of 2014.
In 2013 veteran journalist Hamid Mir, a recipient of the Hilal-i- Imtiaz, Pakistan's second-
highest civil award, was shot at by unidentified assailants wounding him with bullets thrice. He
alleged that the Inter-Services Intelligence was behind the attack. His TV channel Geo Tv was
shut down by the government for 15 days.

Question. No
Differentiate between the fundamental rights and
human rights with example?

Basis for Fundamental

Comparison Rights Human Rights

Meaning Fundamental Rights Human Rights are the basic rights that
means the primary all the human beings can enjoy, no
rights of the citizens matter where they live, what they do,
which are justifiable and how they behave, etc.
and written in the
constitution.

Includes Basic Rights Only Basic and Absolute Rights

Scope It is country specific. It is universal.

 Basic Principle Right of freedom Right of life with dignity

Basis for Fundamental

Comparison Rights Human Rights

Guarantee Constitutionally Internationally guaranteed

guaranteed

Enforcement Enforceable by the Enforceable by United Nation

court of law. Organization.

Question. No.8
What is the difference between a legal and moral rights?
The Difference Between the Moral and the Legal

It’s especially important to differentiate morality and law, inasmuch as discussion of

the moral and legal often conflate.n the one hand, the two differ since we believe some
legal acts to be immoral, and some laws to be unjust. And even if the law didn’t
prohibit murder, stealing, and the like, we would probably still consider them wrong.
This suggests that the two aren’t co-extensive. On the other hand, the two are
connected because the law embodies many moral precepts. Legal prohibitions
incorporate most of our ordinary moral rules such as those against lying, killing,
cheating, raping, and stealing. This suggests there is some connection between the
moral and the legal.

Though it’s possible to have morality without law, or law without morality, the two
usually go together. Therefore, we suggest that law codifies morality. In other words,
the law formulates the culture’s morality into legal codes. Again, not every legal code
refers to a moral issue, but most laws do have some moral significance. Though a
connection between the moral and legal exists, they clearly aren’t the same things.
While a thing’s illegality may give us a reason not to do the thing, this is a prudential rather than moral reason. In
other words, if we are afraid to steal because we might get caught, then we fear punishment, not immorality.
Nevertheless, we might offer moral reasons to abide by the law. We could say that we owe it to the state to abide
by their laws and that civil disobedience undermines both the moral fabric and our tacit agreement with the state.
This was essentially Socrates’ argument against escaping from Athens before his impending execution. But in
general, legal arguments aren’t applicable to ethical discussion. Ethicists generally discuss morality, not legality.

Question. No.9

What do you know about international bill of human rights

explain?

The International Bill of Human Rights consists of the five core human rights treaties of the
United Nations that function to advance the fundamental freedoms and to protect the basic
human rights of all people. The Bill influences the decisions and actions of Government,
State and Non-State actors to make economic, social and cultural rights a top-priority in
the formation and implementation of national, regional and international policy and law.

The following five documents are the foundation of the International Bill of Human Rights:
1)Universal Declaration of Human Rights
2) International Covenant on Economic, Social and Cultural Rights
3) International Covenant on Civil and Political Rights
4) Optional Protocol to the International Covenant on Civil and Political Rights
5) Second Optional Procotol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty.

7. INTERNATIONAL BILL OF HUMAN RIGHTS

8. The Universal Declaration of Human Rights is an ideal standard held in

common by nations around the world, but it bears no force of law. Thus, from
1948 to 1966, the UN Human Rights Commission’s main task was to create a
body of international human rights law based on the Declaration, and to establish
the mechanisms needed to enforce its implementation and use.
9. The Human Rights Commission produced two major documents: the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR).
Both became international law in 1976. Together with the Universal Declaration
of Human Rights, these two covenants comprise what is known as the
“International

Bill of Human Rights.”

10. The ICCPR focuses on issues such as the right to life, freedom of speech,
religion and voting. The ICESCR focuses on food, education, health and shelter.
Both covenants proclaim these rights for all people and forbid discrimination.

11. Furthermore, Article 26 of the ICCPR established a Human Rights Committee of

the United Nations. Composed of eighteen human rights experts, the Committee is
responsible for ensuring that each signatory to the ICCPR complies with its terms.
The Committee examines reports submitted by countries every five years (to
ensure they are in compliance with the ICCPR), and issues findings based on a
country’s performance.

12. Many countries that ratified the ICCPR also agreed that the Human Rights
Committee may investigate allegations by individuals and organizations that the
State has violated their rights. Before appealing to the Committee, the complainant
must exhaust all legal recourse in the courts of that country. After investigation, the
Committee publishes the results. These findings have great force. If the Committee
upholds the allegations, the State must take measures to remedy the abuse.

13. SUBSEQUENT UNITED NATIONS HUMAN RIGHTS

DOCUMENTS

14. In addition to the covenants in the International Bill of Human Rights, the United
Nations has adopted more than twenty principal treaties further elaborating human
rights. These include conventions to prevent and prohibit specific abuses such as
torture and genocide and to protect specific vulnerable populations such as refugees
(Convention Relating to the Status of Refugees, 1951),

women (Convention on the Elimination of All Forms of Discrimination

Against Women, 1979), and children (Convention on the Rights of the Child,
 1989). Other conventions cover racial discrimination, prevention of genocide,
political rights of women, prohibition of slavery and torture.
Each of these treaties has established a committee of experts to monitor implementation of the treaty
provisions by its State parties.

Question. No .10
Elucidate the concept of human rights in islam in light of khutaba- hujja- tul-
Widaa?

last sermon of prophet Muhammad S.A.W. was finest example of human rights where prophet told
his breed that you are equal to other breeds Arabs are equal to non arabs and non arabs are not
prevailing on arabs All human beings have equal status only one feature to be upper is taqwa but
in other hand Non muslim writer wrote Irrelevent books against
prophet Muhammad S.A.W. eventually he acknowledged his efforts to eastiblish peacefull society
said in book about Last Sermon Of Holy Prophet Muhammad S.A.W."These kind of sermons were
also said before but he is the only person who eastiblished the society on these principles...........
Khutba Hajjatul Wida is the first ever charter of human rights. We can say that it is a
comprehensive course of social life. Following points of this Khutba are very
important for human rights.

1. Equality of Mankind
2. Unity of Mankind
3. End to age of darkness and ignorance
4. Muslim brotherhood
5. Peace

6. Inviolability of life and

property 7.Abolition of Interest
8.Tolerance and Moderation
9.Charity
10. Payment of debt
11. Justice
12. Fair play in commercial dealings
13. Rights of women
 14.Kindness toward
salves
15.Kindness
16. Issue of descent
17. Obedience of Ameer
15.
O
Originated from the ideas of civilized nations.
r