Basic Human Rights

The first thing that we find in Islam in this connection is that it lays down some rights for
man as a human being. In other words, it means that every man whether he belongs to
this country or that, whether he is a believer or unbeliever, whether he lives in some
forest or is found in some desert, whatever be the case, he has some basic human
rights simply because he is a human being, which should be recognized by every
Muslim. In fact, it will be his duty to fulfil these obligations.

The Right to Life

The first and the foremost basic right is the right to live and respect human life.
The Holy Quran lays down:
Whosoever kills a human being without (any reason like) man slaughter, or
corruption on earth, it is as though he had killed all mankind ... (5:32)
As far as the question of taking life in retaliation for murder or the question of
punishment for spreading corruption on this earth is concerned, it can be
decided only by a proper and competent court of law. If there is any war with
any nation or country, it can be decided only by a properly established
government. In any case, no human being has any right by himself to take
human life in retaliation or for causing mischief on this earth. Therefore, it is
incumbent on every human being that under no circumstances should he be
guilty of taking a human life. If anyone has murdered a human being, it is as if he
has slain the entire human race. These instructions have been repeated in the
Holy Quran in another place saying:
Do not kill a soul which Allah has made sacred except through the due process
of law ... (6:151)
Here also homicide has been distinguished from destruction of life carried out in
pursuit of justice. Only a proper and competent court will be able to decide
whether or not an individual has forfeited his right to life by disregarding the
right to life and peace of other human beings. The Prophet, may God's blessings
be on him, has declared homicide as the greatest sin only next to polytheism.
The Tradition of the Prophet reads: "The greatest sins are to associate
something with God and to kill human beings."
In all these verses of the Quran and the Traditions of the Prophet the word 'soul'
(nafs) has been used in general terms without any distinction or particularization
which might have lent itself to the elucidation that the persons belonging to
one's nation, the citizens of one's country, the people of a particular race or
religion should not be killed. The injunction applies to all human beings and the
destruction of human life in itself has been prohibited.
'The Right to Life' has been given to man only by Islam. You will observe that the
people who talk about human rights if they have ever mentioned them in their
Constitutions or Declarations, then it is clearly implied in them that these rights
are applicable only to their citizens or they have been framed for the white race
alone. This can clearly be gleaned by the fact that human beings were hunted
down like animals in Australia and the land was cleared of the aborigines for the
white man. Similarly, the aboriginal population of America was systematically
destroyed and the Red Indians who somehow survived this genocide were
confined to specified areas called Reservations.
They also penetrated into Africa and hunted down human beings like wild
animals. All these instances go to prove that they have no respect for human life
as such and if they have, it is only on the basis of their nationality, colour or race.
Contrary to this, Islam recognizes this right for all human beings. If a man
belongs to a primitive or savage tribe, even then Islam regards him as a human
being.

The Right to the Safety of Life

Immediately after the verse of the Holy Quran which has been mentioned in
connection with the right to life, God has said:
"And whoever saves a life it is as though he had saved the lives of all mankind"
(5:32).
There can be several forms of saving man from death. A man may be ill or
wounded, irrespective of his nationality, race or color. If you know that he is in
need of your help, then it is your duty that you should arrange for his treatment
for disease or wound. If he is dying of starvation, then it is your duty to feed him
so that he can ward off death. If he is drowning or his life is at stake, then it is
your duty to save him.
• Prohibition of killing: Islam recognizes killing as one of the major crimes and
sins as well. Allah (SWT) says, “…that whoever kills a soul unless for a soul or for
corruption [done] in the land - it is as if he had slain mankind entirely. And
whoever saves one - it is as if he had saved mankind entirely.”
(Al-Ma’idah: 32)
Prohibition of committing suicide: No one has the right to put an end to his life
or to transgress his own body. Many sacred texts have showed the serious
commination for those who do so.
• Prohibition of abortion: Islam prohibited abortion except when there is a
medical necessity like the mother being in real danger. It also prohibited
adultery and stated a deterrent punishment for it since it is a direct cause of
abortion. Islam called for propagating chastity and legal marriage in order to
preserve honor and offspring.

Respect for the Chastity of Women

The third important thing that we find in the Charter of Human Rights granted
by Islam is that a woman's chastity has to be respected and protected under all
circumstances, whether she belongs to our own nation or to the nation of an
enemy, whether we find her in the wild forest or in a conquered city; whether
she is our co-religionist or belongs to some other religion or has no religion at
all. A Muslim cannot outrage her under any circumstances. All promiscuous
relation- ship has been forbidden to him, irrespective of the status or position of
the woman, whether the woman is a willing or an unwilling partner to the act.
The words of the Holy Quran in this respect are:
"Do not approach (the bounds of) adultery" (17:32).
Heavy punishment has been prescribed for this crime, and the order has not
been qualified by any conditions. Since the violation of chastity of a woman is
forbidden in Islam, a Muslim who perpetrates this crime cannot escape
punishment whether he receives it in this world or in the Hereafter. This concept
of sanctity of chastity and protection of women can be found nowhere else
except in Islam. The armies of the Western powers need the daughters of their
nation to satisfy their carnal appetites even in their own countries, and if they
happen to occupy another country, the fate of its women folk can better be
imagined than described.
But the history of the Muslims, apart from a few lapses of the individuals here or
there, has been free from this crime against womanhood. It has never happened
that after the conquest of a foreign country the Muslim army has gone about
raping the women of the conquered people, or in their own country, the
government has arranged to provide prostitutes for them. This is also a great
blessing which the human race has received through Islam.

The Right to a Basic Standard of Life

Speaking about the economic rights the Holy Quran enjoins upon its followers:
And in their wealth, there is acknowledged right for the needy and destitute.
(51:19)
The words of this injunction show that it is a categorical and un- qualified order.
Furthermore, this injunction was given in Makkah where there was no Muslim
society in existence and where generally the Muslims had to come in contact
with the population of the disbelievers.
Therefore, the clear meaning of this verse is that anyone who asks for help and
anyone who is suffering from deprivation has a right in the property and wealth
of the Muslims; irrespective of the fact whether he belongs to this nation or to
that nation, to this country or to that country, to this race or to that race. If you
are in a position to help and a needy person asks you for help or if you come to
know that he is in need, then it is your duty to help him. God has established his
right over you, which you have to honor as a Muslim.

Individual's Right to Freedom

Islam has clearly and categorically forbidden the primitive practice of capturing a
free man, to make him a slave or to sell him into slavery. On this point the clear
and unequivocal words of the Prophet (S) are as follows: "There are three
categories of people against whom I shall myself be a plaintiff on the Day of
Judgement. Of these three, one is he who enslaves a free man, then sells him
and eats this money" (al-Bukhari and Ibn Majjah).
The words of this Tradition of the Prophet are also general, they have not been
qualified or made applicable to a particular nation, race, country or followers of
a particular religion. The Europeans take great pride in claiming that they
abolished slavery from the world, though they had the decency to do so only in
the middle of the last century. Before this, these Western powers had been
raiding Africa on a very large scale, capturing their free men, putting them in
bondage and transporting them to their new colonies. The treatment which they
have meted out to these unfortunate people has been worse than the treatment
given to animals. The books written by the Western people themselves bear
testimony to this fact.

Prohibition of slavery and acknowledging

freedom as an inherent right.

There are many rulings in Islam pertaining to slaves. Those rulings were meant
to provide slaves some protection in a time when slavery has been an unjust
global custom. Islam has taken a number of measurements to abolish slavery.
Among of those measurements are making the emancipation of a slave as an
expiation for some legal faults. In a hadith narrated by Abu-Hurayrah(RA) , he
said that the Messenger (PBUH) had said, “I will be against three persons on the
Day of Resurrection…[among of them he mentioned]one who sells a free person
(as a slave) and eats the price…”(Shaih al-Bukhary)

The Position of Slavery in Islam

Briefly I would like to tell you about the position and nature of slavery in Islam.
Islam tried to solve the problem of the slaves that were in Arabia by encouraging
the people in different ways to set their slaves free. The Muslims were ordered
that in expiation of some of their sins they should set their slaves free. Freeing a
slave by one's own free will was declared to be an act of great merit, so much so
that it was said that every limb of the man who manumits a slave will be
protected from hell-fire in lieu of the limb of the slave freed by him.
The result of this policy was that by the time the period of the Rightly-Guided
Caliphs was reached, all the old slaves of Arabia were liberated. The Prophet
alone liberated as many as 63 slaves. The number of slaves freed by 'Aishah was
67, 'Abbas liberated 70, 'Abd Allah ibn 'Umar liberated one thousand, and 'Abd
al-Rahman purchased thirty thousand and set them free. Similarly other
Companions of the Prophet liberated a large number of slaves, the details of
which are given in the Traditions and books of history of that period.
Thus, the problem of the slaves of Arabia was solved in a short period of thirty
or forty years. After this the only form of slavery which was left in Islamic society
was the prisoners of war, who were captured on the battlefield. These prisoners
of war were retained by the Muslim Government until their government agreed
to receive them back in exchange for Muslim soldiers captured by them, or
arranged the payment of ransom on their behalf. If the soldiers they captured
were not exchanged with Muslim prisoners of war, or their people did not pay
their ransom money to purchase their liberty, then the Muslim Government
used to distribute them among the soldiers of the army which had captured
them.
This was a more humane and proper way of disposing of them than retaining
them like cattle in concentration camps and taking forced labor from them and,
if their women folk were also captured, setting them aside for prostitution. In
place of such a cruel and outrageous way of disposing of the prisoners of war,
Islam preferred to spread them in the population and thus brought them in
contact with individual human beings. Over and above, their guardians were
ordered to treat them well. The result of this humane policy was that most of the
men who were captured on foreign battlefields and brought to the Muslim
countries as slaves embraced Islam and their descendants produced great
scholars, imams, jurists, commentators, statesmen and generals of the army. So
much so that later on they became the rulers of the Muslim world.
The solution of this problem which has been proposed in the present age is that
after the cessation of hostilities the prisoners of war of the combatant countries
should be exchanged. Whereas Muslims have been practicing it from the very
beginning and whenever the adversary accepted the exchange of prisoners of
war from both sides, it was implemented without the least hesitation or delay.
In modern warfare we also find that if one government is completely routed
leaving her in no position of bargaining for the prisoners of war and the winning
party gets its prisoners easily, then experience has shown that the prisoners of
war of the vanquished army are kept in conditions which are much worse than
the conditions of slaves. Can anyone tell us what has been the fate of the
thousands of prisoners of war captured by Russia from the defeated armies of
Germany and Japan in the Second World War?
No one has given their account so far. No one knows how many thousands of
them are still alive and how many thousands of them have perished due to the
hardship of the Russian concentration and labor camps. The forced labor which
has been taken from them is much worse than the service one can exact from
slaves. Even perhaps in the times of ancient Pharaohs of Egypt such harsh labor
might not have been exacted from the slaves in building the pyramids of Egypt,
as has been exacted from the prisoners of war in Russia in developing Siberia
and other backward areas of Russia, or working in coal and other mines in below
zero temperatures, ill-clad, ill-fed and brutally treated by their supervisors.

The Right to Justice

This is a very important and valuable right which Islam has given to man as a
human being. The Holy Quran has laid down:
"Do not let your hatred of a people incite you to aggression" (5:2).
"And do not let ill-will towards any folk incite you so that you swerve from
dealing justly. Be just; that is nearest to heedfulness" (5:8).
Stressing this point the Quran again says:
"You who believe stand steadfast before God as witness for (truth and)
fairplay" (4:135).
This makes the point clear that Muslims have to be just not only with ordinary
human beings but even with their enemies. In other words, the justice to which
Islam invites her followers is not limited only to the citizens of their own country,
or the people of their own tribe, nation or race, or the Muslim community as a
whole, but it is meant for all the human beings of the world. Muslims therefore,
cannot be unjust to anyone.
Their permanent habit and character should be such that no man should ever
fear injustice at their hands, and they should treat every human being
everywhere with justice and fairness.

Equality of Human Beings

Islam not only recognizes absolute equality between men irrespective of any
distinction of color, race or nationality, but makes it an important and significant
principle, a reality. The Almighty God has laid down in the Holy Quran: "O
mankind, we have created you from a male and female." In other words all
human beings are brothers to one another. They all are the descendants from
one father and one mother.
"And we set you up as nations and tribes so that you may be able to recognize
each other" (49:13).
This means that the division of human beings into nations, races, groups and
tribes is for the sake of distinction, so that people of one race or tribe may meet
and be acquainted with the people belonging to another race or tribe and
cooperate with one another. This division of the human race is neither meant for
one nation to take pride in its superiority over others nor is it meant for one
nation to treat another with contempt or disgrace, or regard them as a mean
and degraded race and usurp their rights.
"Indeed, the noblest among you before God are the most heedful of you"
(49:13).
In other words, the superiority of one man over another is only on the basis of
God-consciousness, purity of character and high morals, and not on the basis of
color, race, language or nationality, and even this superiority based on piety and
pure conduct does not justify that such people should play lord or assume airs
of superiority over other human beings.
Assuming airs of superiority is in itself a reprehensible vice which no God-fearing
and pious man can ever dream of perpetrating. Nor does the righteous have
more privileged rights over others, because this runs counter to human equality,
which has been laid down in the beginning of this verse as a general principle.
From the moral point of view, goodness and virtue is in all cases better than vice
and evil.
This has been exemplified by the Prophet in one of his sayings thus: "No Arab
has any superiority over a non-Arab, nor does a non-Arab have any superiority
over an Arab. Nor does a white man have any superiority over a black man, or
the black man any superiority over the white man. You are all the children of
Adam, and Adam was created from clay" (al-Bayhaqi and al-Bazzaz).
In this manner Islam established equality for the entire human race and struck
at the very root of all distinctions based on color, race, language or nationality.
According to Islam, God has given man this right of equality as a birthright.
Therefore, no man should be discriminated against on the ground of the color of
his skin, his place of birth, the race or the nation in which he was born. Malcolm
X, the famous leader of African Negroes in America, who had launched a bitter
struggle against the white people of America in order to win civil rights for his
black compatriots, when he went to perform the pilgrimage, and saw how the
Muslims of Asia, Africa, Europe, America and those of different races, languages
and colors of skin, were wearing one dress and were hurrying towards God's
House-the Ka'bah and offering prayers standing in one row and there was no
distinction of any kind between them, then he realized that this was the solution
to the problem of color and race, and not what he had been trying to seek or
achieve in America so far.
Today, a number of non- Muslim thinkers, who are free from blind prejudice,
openly admit that no other religion or way of life has solved this problem with
the same degree of success with which Islam has done so.

The Right to Co-operate and Not to Co-operate

Islam has prescribed a general principle of paramount importance and universal
application saying:
"Co-operate with one another for virtue and heedfulness and do not co-
operate with one another for the purpose of vice and aggression" (5:2).
This means that the man who undertakes a noble and righteous work,
irrespective of the fact whether he is living at the North Pole or the South Pole,
has the right to expect support and active co-operation from the Muslims. On
the contrary he who perpetrates deeds of vice and aggression, even if he is our
closest relation or neighbor, does not have the right to win our support and help
in the name of race, country, language or nationality, nor should he have the
expectation that Muslims will co-operate with him or support him. Nor is it
permissible for Muslims to co-operate with him.
The wicked and vicious person may be our own brother, but he is not of us, and
he can have no help or support from us as long as he does not repent and
reform his ways. On the other hand, the man who is doing deeds of virtue and
righteousness may have no kinship with Muslims, but Muslims will be his
companions and supporters or at least his well- wishers.
Political rights in Islam
Islam has conferred general principles that are developable according to time
and place by the competent specialists. It called for two main principles in the
political life:
a- Shura (consultation): Islam recognizes shura as the straight and logical way
that would lead the society along with man toward the right method and opinion
and to happiness in life. Because of the high importance of the shura as a
principle, Islam has made it a general principle, that is to include all aspects of
life. It is a duty, thus, on every member of the society to make shura (consult
others) and to be open for other opinions, even in minor issues. Under Islam,
people are very much encouraged to exchange ideas and thoughts and to
examine different opinions in order to reach the best one. Allah (SWT) says, “And
those who have responded to their lord and established prayer and whose affair
is [determined by] consultation among themselves, and from what We have
provided them, they spend.” (Ash-Shura: 38)

He also says, “So pardon them and ask forgiveness for them and consult them in
the matter.” (Ala-Imarn: 159)

b- Bay’a (pledge of allegiance): Allah (SWT) says, “Indeed, those who pledge
allegiance to you, [O Muhammad] - they are actually pledging allegiance to Allah.
The hand of Allah is over their hands. So, he who breaks his word only breaks it
to the detriment of himself. And he who fulfills that which he has promised Allah
- He will give him a great reward.” (Al-Fat’h: 10)

Islam has highly valued bay’a and made it a means of keeping the discipline of
the society through the law of the state based on the mutual pledges between
the ruler and the ruled. There is no discrimination between men and women
under the umbrella of Islam with regards to this right. Allah (SWT) says, “O
Prophet, when the believing women come to you pledging to you that they will
not associate anything with Allah, nor will they steal, nor will they commit
unlawful sexual intercourse, nor will they kill their children, nor will they bring
forth a slander they have invented between their arms and legs, nor will they
disobey you in what is right - then accept their pledge and ask forgiveness for
them of Allah. Indeed, Allah is Forgiving and Merciful.” (Al-Mumtahanah: 12)

Freedom of expression:
Islam has ensured freedom of speech, which means that every human being
enjoys his complete freedom to utter the truth and offer an advice for every
Muslim brother. Allah (SWT), however, has specified some controls to keep it
within certain limits, for freedom does not mean chaos. These restrictions are
meant to avoid misusing this right, so one would not be encouraged to let his
tongue or intellect deviate from the right path.

Freedom of expression controls

Expressing one’s thoughts should be through wisdom and good advice as Allah
(SWT) said in His Book. One’s speech should be free from toughness, cruelty,
coercion, abuse or harm for the other. Allah (SWT) says, “Repel, by [means of]
what is best,” (Al-Mo’minoon: 96)

Among of these controls is that one should take care lest he spoils the relations
between people, therefore, tale bearing is forbidden. To say, ‘Freedom means
we talk about anyone in any way and even to slander them,’ is considered tale
bearing, which is forbidden by Allah (SWT). The Messenger (PBUH) said,
“Theqattat (tale-bearer) shall not enter Paradise.” (Sahih Muslim)

Freedom of expression does not mean that you slander Muslims. It has to be
within the limits permitted by the Islamic law, completely avoiding transgressing
Muslims’ inviolable and unveiling their secrets. Allah (SWT) says, “Allah does not
like the public mention of evil except by one who has been wronged. And ever is
Allah Hearing and Knowing.” (Al-Nisa’: 148)
One of the controls of the freedom of expression is that one should reform
between people. He or she should not intend to dare Allah (SWT) or be unfair to
Islam and Muslims. Freedom is restricted by the boundaries of the objectives of
the Islamic law. Those objectives are meant to avoid harm and approach
benefits. If freedom of expression would achieve such an objective, that would
be great. Yet, absolute freedom, that is free from any restrictions or control, is
harmful. You cannot just get yourself involved in something that is none of your
business in the first place, especially, if you know not enough about what you
are talking about. Allah (SWT) says, “And do not pursue that of which you have
no knowledge.”(Al-Isra’: 36) You cannot spread lies or things that would weaken
the nation. It is impermissible to spread gossip among people under the pretext
of freedom, so you would say, “This is my opinion and I am free to think
whatever I want!” Allah (SWT) made it forbidden to spread news before making
sure of its authenticity. He says, “O you who have believed, if there comes to you
a disobedient one with information, investigate, lest you harm a people out of
ignorance and become, over what you have done, regretful.” (Al-Hujurat: 6)
Freedom does not mean that one says whatever he wants or falsely accuses
others.
- The right of equality: it is one of the rights ensured by Islam for a human being.
In fact, it is one of the greatest rights in Islamic law. In Islam, equality is in rights
and duties as well, but everyone bears only what is in his or her capacity. Allah
(SWT) says, “Allah does not charge a soul except [with that within] its capacity.”
(Al-Baqarah:286)

People are as equal as the teeth of a comb. Superiority is only by piety and good
deeds. Allah (SWT) says, “O mankind, indeed We have created you from male
and female and made you peoples and tribes that you may know one another.
Indeed, the most noble of you in the sight of Allah is the most righteous of you.”
(Al-Hujurat: 13)

Superiority of a human being is measured by his or her piety not their lineage or
wealth. There is no difference between an Arab and a non-Arab except in piety.
It is mentioned in the hadith of the Messenger (PBUH) that he said, “You are the
sons of Adam, and Adam is created from dust.”

The right of equality is a practical reality in Islam that represents the essence of
the Islamic legislation. Prophet Muhammad (PBUH) declared it openly to the
public when he said, “By Allah, if Fatima, the daughter of Muhammad stole, I
would cut off her hand.” (Shahih al-Bukhary) He did not accept the intercession
of UsamahIbn-Zayd to forgive a woman who had stolen although she was from
the Sons of Makhzoum, who were of a high status in Madina. The Messenger
(PBUH), then, said that words that still echoes in our ears until this very day…
“By Allah, if Fatima, the daughter of Muhammad stole, I would cut off her hand.”
No social class, thus, is superior to the other. All are equal before the truth.
Among the classical narrations in this respect is a story of an Arab king from
Ghasasinah. As the king was circumambulating the Ka’ba, a Bedouin stepped on
his cloak. The king tuned to him only to hit him on the nose and break it. The
Bedouin went to Omar Ibnul-Khattab(RA)and complained about what the king
had done to him.

“A nose for a nose,” said Omar, “for Islam has equalized between you both...”
This is one of the situations that assertequality as a notion in Islam. Such a spirit
of belief that Islam has achieved for human beings captured their hearts, so
people embraced the religion of Allah (SWT) in folks. So, it is not about lineage or
fame, rather, it is about piety. The more pious one is, the stronger he is. Abu-
Bakr (RA) said, “The weak among you is deemed strong by me, until I return to
them that which is rightfully theirs. And the strong among you is deemed weak
by me, until I take from them what is rightfully (someone else’s).
Rights and Mutual Responsibility.
From the foregoing discussion, it is clear that Islamic law has divinely mandated
rights for individuals in their specific roles as spouse, parent, child, relative,
neighbor, friend, and even foe. In its distribution of rights and responsibilities,
Islam has addressed the social, racial, gender, and sectarian issues plaguing the
world. Although much of the world, including Muslim nations, have yet to fully
implement it, the model of rights and mutual responsibilities enshrined in Islam,
has a tremendous potential for individual and social reform.

Human rights in Islam as a concept and its types

Haq (right) linguistically, means the fixed thing with no doubt. It is the share
prescribed, whether for the individual or the community. Haq is defined as the thing
that is based upon justice, fairness and moral principles. Haq, according to the
Islamic law, is a word that refers to Allah (AWJ), as it is one of His Most Beautiful
Names, Exalted be He.
By analyzing the relation between Islam and human rights as a concept, we should
know that Islam, as a creed, is mentioned in two noble sources, which are: the Noble
Qur’an and the Noble Sunnah. The Islamic creed is founded upon the unity of the
human race as a principle. The aim of the differences between humans, whether in
sustenance, source of income, age, color or race is to construct this universe within
the framework of coexistence, cooperation and integration. These facts become as
clear as the sun when we look at some noble Qur’anic verses.

Allah (SWT) says, “O mankind, fear your Lord, who created you from one soul and
created from it its mate and dispersed from both of them many men and women. And
fear Allah, through whom you ask one another, and the wombs. Indeed, Allah is
ever, over you, an Observer” (Al-Nisa’: 1).
Allah (SWT) also says, “O mankind, indeed We have created you from male and
female and made you peoples and tribes that you may know one another. Indeed,
the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah
is Knowing and Acquainted” (Al-Hujurat: 1).
“And of His signs is the creation of the heavens and the earth and the diversity of
your languages and your colors. Indeed in that are signs for those of knowledge.”(Ar-
Rum: 22)

Islam emphasizes the complete freedom of belief. This is a clear-cut fact that is
manifest in what Allah (SWT) says in the Qur’an, “…so whoever wills - let him
believe; and whoever wills - let him disbelieve.” (Al-Kahf: 29)
Islam recognizes human rights as inherent for every human being. They should be
sustained and put into effect. Islam has conferred all the rights necessary for a
human being to live a good life, establish a society that is built upon justice, equality
and brotherhood. Islam has stated all the rights that have been declared in the
different charts and constitutions nowadays, such as the Universal Declaration of
Human Rights, more than 14 centuries ago.
Types of human rights: they are many, yet they can be classified into three main
groups: civil and political rights, economic and social rights and lastly environmental
and cultural rights.
1- Civil rights in Islam

- The right of freedom and choice, on top of which is the freedom of belief. This is
in accordance with the verse, “There shall be no compulsion in [acceptance of]
the religion. The right course has become clear from the wrong.” (Al-Baqarah:
256)

Many are those examples of defending the greatest human right of all, that is ‘the
right to know Allah (SWT)’. The Qur’an also has recorded the most serious
violations of human rights, where the tyrants used all arts of torture with the
believers, merely for their belief. Allah (SWT) says, “Cursed were the companions
of the trench. [Containing] the fire full of fuel,When they were sitting near it. And
they, to what they were doing against the believers, were witnesses. And they
resented them not except because they believed in Allah, the Exalted in Might,
the Praiseworthy.”(Al-Buruj: 4-8)
3- Economic and social rights in Islam

At the very beginning of the Islamic State established in Madina, its constitution
stated solidarity, with no distinction between the different components of the Islamic
State. Muslims have already succeeded in achieving that through:

a- Feeling the individual and societal responsibility and their duties towards the right.
The Messenger (PBUH) said, “All of you are guardians and responsible for your
wards and the things under your care.”
b- Solidarity as a means of preserving the economic and social rights. The
Messenger (PBUH) said, “Whoever has a surplus mount, let him give it to one who
has no mount, and whoever has surplus provisions, let him give them to one who
has no provisions,”
c- Fighting against avarice and economic corruption through avoiding the prohibited
financial transactions such as usury and monopoly. Muslims also observe their acts
of worship with respect to finance the best way they could. Therefore, they created a
social system, through which they managed to survive the hardest afflictions such as
that which took place in the Year of Ramadah (famine).

- The right of possession: a human being has the right to sell, buy and the freedom
of action with regards to his own wealth, for as long as he has the capacity to do so.
Capacity here means that he is free, adult, sane and rational. Any human being, as
long as he possesses these requirements, whether male or female, then they have
the right to possess, buy, sell and all other legal actions. This is called: lawful
earning. Islam has protected the private possessions from any kind of transgression.
It prohibited abduction, theft, confiscating people’s money without right. Islam
commanded man to defend his own property. The Messenger (PBUH) said,
“Whoever is killed while protecting his property then he is a martyr,” (Sahih al-
Bukhary). Islam necessitates compensation in case of causing damage. This is all to
preserve this ownership. It even made it forbidden for a husband to take from his
wife’s property against her will. Many husbands do this, unfortunately, so they exploit
their rich wives and take their money against their will, while it is well known that
taking a Muslim’s property against his or her will is not allowed. A husband is not
allowed to take any action regarding his wife’s property without her consent. This is
of the tenets of Islam, while on the other hand, we can see other laws and in other
cultures that a husband is allowed to take possession of his wife’s property. He can
even place her under his guardianship. Islam forbad all such acts. It even gave the
woman the right to handle her dowry the way she likes, for it is in her possession.
Her husband is not allowed to misuse any of her property without her consent.

Islam does not protect the private properties only, but the public properties as well,
or even more. The punishmentfor transgressing a public property is tougher, for it is
considered as a betrayal for the whole nation. Allah (SWT) says, “And whoever
betrays, [taking unlawfully], will come with what he took on the Day of
Resurrection,”(Ala-Imran:161). These, are but examples of the rights ensured by
Islam for human beings.

There are, still, many other rights, such as granting the insolvent a respite as Allah
(SWT) says, “And if someone is in hardship, then [let there be] postponement until [a
time of] ease” (Al-Baqarah: 280). Moreover, there are rights granted for orphans, the
weak, the needy, people with special needs, the handicapped. Islam has treated
these groups in such an elevated way and commanded us to treat them with
kindness. Allah (SWT) says, “So as for the orphan, do not oppress [him],”(Ad-Dhuha:
9). The Messenger (PBUH) also said, “I and the person who looks after an orphan
and provides for him, will be in Paradise like this,putting his index and middle fingers
together.”

In some pre-Islam civilizations, however, there was a great deal of humiliation,

abasement to the weak and putting them under hardships. The strong were favored
to the weak.

Islam attitude towards mankind in all aspects of life is, thus, clear. It is an inherent
right, which is enjoyed by Muslims as it is by the People of the Covenant and those
who have a pact with Muslims. These rightsare inalienable and cannot be
transgressed without right. According to Islam, the People of the Covenant and those
who have pacts with Muslims have the same rights and responsibilities as we do.

One of the most remarkable things about Islam is that it gave to the human being the
right to defend himself. Allah (SWT) says, “But whoever transgresses after that will
have a painful punishment,” (Al-Baqarah: 194). A human kind has also the right to
forgive when he is capable of doing so according to what Allah (SWT) says, “But if
you pardon and overlook and forgive - then indeed, Allah is Forgiving and Merciful.”
(At-Taghabun: 14)
The Five Necessities as a concept and their types
Necessities: are the legal rulings that are meant to preserve people’s interests in
their worldly life and the Hereafter. If these necessities are lost, so their interests
would be lost too, which will cause even more corruption and harm for mankind.
Needs: are the things that are needed to ease people’s life and make them live in
affluence. They come in a second degree after the necessities.
Enhancers: they are different from the necessities and needs; life does not depend
on them.
Types of necessities

Scholars have classified necessities into five major issues, they are:
a- Religion: a group of beliefs, acts of worship and the rulings that have been
conferred by Allah (SWT) in order to organize the people’s relation with their Lord
and with each other and that will take place by abiding by the law of Allah (SWT).
b- Self: it is human’s life
c- Mind: it is the reason of accountability and a means of distinction and perception
d- Off-spring: man’s children, so lineage would not mix and obscenity would not
spread.
e- Property: it is the basis of life and all a human being possesses. Allah (SWT)
made it lawful for a human being to earn his living from lawful sources and forbade
devouring people wrongfully.
Why did the scholars put necessities in this order?
The five necessities are ordered according to their importance. If there would be any
conflict between them, the most important of them would be prioritized.
Preserving religion is classified as a first priority because it is the most important of
all and man’s happiness in this worldly life and the Hereafter depends on it. The rest
of the necessities come in a second priority.
Preserving the self is in advance of the rest of the necessities because taking care of
it depends on the survival of the self. Preserving the mind came later because it is
the reason for human beings’ accountability. Preserving the off-spring comes before
property, yet if there is a conflict, the former would be a top priority. At the end, there
comes preserving property.
Characteristics of the five necessities and the conditions of specifying the interest
and its controls
In order for the five necessities to achieve the objectives of the Islamic law, some
characteristics have to be taken into consideration:

- Islamic law has to be its sole source

- The benefits in the worldly life and the Hereafter have to be taken into account
- The benefit of religion has to be in advance of all other benefits.
As for the conditions and controls that have to be taken into account to specify the
benefit:
- They should be in accordance with the objectives of the Islamic law and not be in
conflict with any of its legal proofs
- They should be in the rank of the necessary and the unquestionable
- Choosing them should be for the sake of easing life for Muslims
- They should not miss a benefit.
Means of preserving the five necessities

The five necessities are preserved in two complete methods, one of them is through
prohibiting what threatens its existence, the other one is enjoining everything that
may reinforce and develop them.
Preserving religion:Allah (SWT) prohibited associating others with Him and any path
that may lead to it, which is a threat to its existence. Bad innovations in religion
damage it. He prohibited apostasy because it dares religion. For enjoining everything
that would reinforce and develop it, Allah (SWT) made it a duty to call for and
propagate Islam and to defend the Islamic creed, whose essence is the Oneness of
Allah.
Preserving the self: the self has a great inviolability in Islam. Everything that may
threaten its existence is prohibited. Enjoining everything that would reinforce and
develop it comes through making it a duty to defend it against anything that may put
it in danger or near to death, so Allah (SWT) legislated qasas (legal retribution).

Preserving the mind: it is through prohibiting everything that may threaten its
existence such as prohibiting alcohol and the likes that would damage man’s senses.
There are moral spoilers such as the corrupted perceptions that lead man to
misguidance. Enjoining everything that would reinforce and develop it comes through
contemplating the verses of Allah (SWT) and makingijtihad(juristic deduction) in
issues with regards to the Islamic law and to cultivate the earth.

Preserving off-spring: Allah (SWT) prohibited everything that may threaten it such as:
defamation, adultery, abnormal relationships and abortion. He enjoined everything
that would reinforce and develop it through encouraging marriage.

Preserving property: Allah (SWT) made it a duty to preserve property in order to

keep people’s interests. He prohibited over-spending and devouring people’s
property wrongfully. He enjoined everything that would reinforce and develop it
through encouraging lawful earnings and increasing it by using them in lawful
investments and spending them in the channels supported by the Islamic law.
Islam and Justice

Justice is another right that is closely related to equality. One of the best sayings one
can quote in this respect is what the Messenger (PBUH) said, when UsamahIbn-
Zayd tried to intercede for the sake of the woman who stole and she was from the
Sons of Makhzoum, “By Allah, if Fatima, the daughter of Muhammad stole, I would
cut off her hand.”

He forbade denying the individual’s right to defend himself for the sake of justice, so
he said, “Leave him, for the owner of the right has the right to speak.” He used to say
to whoever judges between people, “When two litigants sit in front of you, do not
decide till you hear what the other has to say as you heard what the fist had to say;
for it is best that you should have a clear idea of the best decision.”
The right of sufficiency in Islam

This is a unique right that no other man-made system or human rights declaration
has treated before. The right of sufficiency means that each individual living in the
Islamic State should gain what is sufficient for him to live in a modest comfort. It is
different fromthe subsistence level that has been mentioned by the man-made laws.
It means the minimum level a human being can live in.

Achieving the sufficiency level comes through labor. In case an individual is unable
to work, then it is achievable through zakah (almsgiving). If zakah did not achieve it,
then the state treasury should intervene. The Messenger (PBUH) said about that, “I
am closer to each believer than his own self. Whoever leaves behind a debt, I will
pay it.”To reinforce this right, he said, “He did not [truly] believe in me, who slept full
while his neighbor, beside him, is hungry and he knew it.” He also said, “When the
people of Ash’ari tribe ran short of food during the battles, or the food of their families
in Madina ran short, they would collect all their remaining food in one sheet and then
distribute it among themselves equally by measuring it with a bowl. So, these people
are from me and I am from them.”

The rights of civilians and prisoners of war

Human rights reach its peak of greatness when it comes to the rights of the civilians
and prisoners during war. Commonly, revenge and ruthlessness areprevailduring
warinstead of the spirit of humanity and mercy. Islam, however, had a human
approach ruled by mercy. The Messenger (PBUH), in this respect, says, “Do not kill
a baby, woman nor an old man [or woman].”

This is to mention but a few of the codes Islam has stated with regards to human
rights on earth. They, collectively, mirror the human look, which is the essence of the
Muslims’ civilization.

- The rights of the parents

Socially speaking, parents have the highest and most elevated social level of all.
Allah (SWT) has joined between worshipping and associating nothing with Him and
treating parents kindly. Allah (SWT) says, “Worship Allah and associate nothing with
Him, and to parents do good.” (An-Nisa’: 36)
Allah (SWT) showed us the right way to treat them in what He says, ‘And your Lord
has decreed that you not worship except Him, and to parents, good treatment.
Whether one or both of them reach old age [while] with you, say not to them [so
much as], "uff," and do not repel them but speak to them a noble word,” (Al-Isra’: 23).
In other verses Allah (SWT) joins between the servant’s gratitude to his Lord and his
gratitude to his own parents. What else could be more elevated than this? Allah
(SWT) says, “And We have enjoined upon man [care] for his parents. His mother
carried him, [increasing her] in weakness upon weakness, and his weaning is in two
years. Be grateful to Me and to your parents; to Me is the [final]
destination.”(Luqman: 14)
- The rights of off-spring

Man’s off-spring have rights too that parent should provide. They start early at the
beginning of a human’s life since childhood, which entails care and expenditure.
Allah (SWT) says, “Mothers may breastfeed their children two complete years for
whoever wishes to complete the nursing [period]. Upon the father is the mothers'
provision and their clothing according to what is acceptable. No person is charged
with more than his capacity. No mother should be harmed through her child, and no
father through his child. And upon the [father's] heir is [a duty] like that [of the father].
And if they both desire weaning through mutual consent from both of them and
consultation, there is no blame upon either of them. And if you wish to have your
children nursed by a substitute, there is no blame upon you as long as you give
payment according to what is acceptable. And fear Allah and know that Allah is
Seeing of what you do.”(Al-Baqarah: 233)

A father should not deny his child’s lineage. About this, Sheikh Yusuf al-Qaradhawy,
says in his book Al-Halal wal-Haram,
“A son hold the secrets of his father. He holds his characteristics. He is the apple of
his eye. He is his father’s extension after his death and represents his continuance.
A son inherits features, qualities, characteristics and traits. He inherits them whether
they are bad or good, beautiful or ugly. He is part of his heart. Therefore, Allah
(SWT) forbade adultery, ordained marriage in order to preserve lineage so that a son
would know his father and a father would know his children. In marriage, a wife has
only one husband whom she is prohibited to cheat on. Thus, all children she would
give birth to are her husband’s. No need, then, for an acknowledgment, declaration
from the father nor for a mother to take a legal action, for then it will be just like the
Messenger (PBUH) said, “… the boy is for (the owner) of the bed [the husband].”
- The rights between spouses

Preserving the rights even between spouses is the foundation of preserving and
protecting the whole society from deviation or degeneration. Therefore, Islam has
given special attention to the mutual rights between spouses. In the Farewell
Speech, the Messenger (PBUH) showed part of these rights when he said, “Fear
Allah concerning women! Verily you have taken them on the security of Allah, and
intercourse with them has been made lawful unto you by words of Allah. You too
have right over them, and that they should not allow anyone to sit on your bed whom
you do not like. But if they do that, you can chastise them out not severely. Their
rights upon you are that you should provide them with food and clothing in a fitting
manner.”
Among the mutual rights between spouses is that each one of them should keep
each others’ secretes. Abu-Sa’id al-Khudry said, “The Messenger (PBUH) said, ‘The
most wicked among the people in the eye of Allah on the Day of Judgment is the
man who is intimate with his wife and she is intimate with him, then he publicizes her
secrets.’”
- The rights of relatives, orphans, the needy and the traveler

Islam emphasizes the importance of keeping one’s kinship ties and warns against
severing them. The Messenger (PBUH) in a hadith reported by Az-Zuhrey through
Muhammad Ibn-JayiedIbn-To’m through his father, said, “The severer of the tie of
kinship would not get into Paradise.”

AnasIbn-Malek is reported to have said, “I heard the Messenger of Allah saying,

‘Whoever desires an expansion in his sustenance and age, should keep good
relations with his kith and kin.”

Abu-Hurayrah, as well, reported that a person said, “Allah’s Messenger, I have

relatives with whom I try to have close relationship, but they sever (this relation). I
treat them well, but they treat me ill. I am sweet to them but they are harsh towards
me. Upon this, the Messenger (PBUH) said, ‘If it is so as you say, then you in fact
throw hot ashes (upon their faces) and there would always remain with you on behalf
of Allah (an Angle to support you) who would keep you dominant over them so long
as you adhere to this (path of righteousness).’”
Islam, thus, acknowledges the right of relatives and shows us that they have to be a
first priority when it comes to the good treatment and charity in many verses, to
mention but a few:

Allah (SWT) says, “…and gives wealth, in spite of love for it, to relatives, orphans,
the needy, the traveler, those who ask [for help], and for freeing slaves…” (Al-
Baqarah: 17).

He also says,“… and to parents do good, and to relatives, orphans, the needy, the
near neighbor, the neighbor farther away, the companion at your side, the traveler,
and those whom your right hands possess” (An-Nisa’: 36).
“And give the relative his right, and [also] the poor and the traveler, and do not spend
wastefully.”(Al-Isra’: 26)
“And they ask you about orphans. Say, ‘Improvement for them is best. And if you mix
your affairs with theirs-they are your brothers. And Allah knows the corrupter from
the amender.”(Al-Baqarah: 22)
These are only some verses tackling our subject in the Noble Qur’an and mentioned
those who have rights over us. For those, who may not have noticed it, these verses
contain commands that should be obeyed.

Furthermore, the Noble Sunnah did not leave out this issue, which is a keystone in
the foundation of nations. With it, nations would advance and become elevated.
Unfortunately, those who are affiliated to Islam do not abide by the Islamic tenets,
while who are not affiliated, do abide by them!

Let us elaborate more on how the Noble Sunnah has dealt with this issue through
the following hadith:
The Messenger (PUBH) said, “The one who looks after a widow or a poor person is
like a mujahid (warrior) who fights for Allah’s Cause, or like him who performs
prayers all the night and fasts all the day.”

The particularity of human rights in Islam

The debates about human rights in Islam have gone numerous ways. Some of
which, emphasizes the particularity and uniqueness of the vision of Islam about
human rights in a way that limits it to a specific group of people or even to a specific
geographical area. Other opinions stress the complete consistency between this
vision and the prevailing European vision and that the Islamic vision is universal.
Accordingly, the advocates of the latter opinion reject the idea of the particularity of
the Islamic vision of human rights.
The supporters of the first opinion are being unjust to the Islamic vision of human
rights. They limit it to a narrow framework and cripple Islam’s universal mission. The
supporters of the second opinion, however, ignore the essence and human depth of
this vision. They try to bring it closer to the European vision, which lacks for that
human depth in many aspects.
1- The universality of the Islamic vision
2-
In our opinion, the unique thing about the concept of human rights in the
Islamic vision rests in “inclusiveness and universality”. Islamic law has
acknowledged all types of rights such as the civil, religious, political,
economic, social, cultural, scientific; the collective and individual rights. On the
other hand, Allah (SWT) has commanded us to respect and protect these
rights for every human being for who they are as human beings. These rights
extend even more in many aspects to include animals, inanimate objects and
the environment in such a harmonic system.

The uniqueness of the human rights according to the Islamic vision rests in its
universality. Allah (SWT) has addressed humankind with the responsibility of
keeping those rights on the grounds of that they are human beings. There is
not a single right, whether religious, civil, political or social right that is
acknowledged for Muslims only and restricted for the others. Another aspect
of uniqueness rests also in the inclusiveness of this vision to all types of rights
stated in covenants and universal declarations of human rights in their
modern and contemporary forms.
‘Human rights” as a term used in the contemporary speech refers to a group of rights
and demands that are due to all human kind, equally and with no distinction for any
reason. This general definition, however, is not a postulate in different societies. This
is because these rights are closely related to the human’s conceptualization of
himself. If the human being is free, dignified, valued, possesses a reasonable mind
and consciousness, has the ability to pick up the right and ethical choice, has the
ability to give sound judgment about what is in his favor, human rights then would be
founded on this conceptualization. Nevertheless, reality attests that there are real
forms of discrimination between human beings, in addition, to the violations of their
simplest rights. This is not but the result of the dictatorial and racial cultures like
those, in which people believe that they are “the chosen people of God” or those
peoples who think themselves are the most elevated of all. These inclinations have
shown up and nourished in the positivist cultures, and then they left their traces on
the other cultures as well.
If we looked at the human rights that have been acknowledged by the Islamic law as
a whole and on any theoretical level, we would find that they assert the universality
and inclusiveness as we mentioned before.
2- Mankind in the eyes of Islam

The epistemological and philosophical foundation starts with attributing all the rights
conferred for human being to Allah (SWT), the Creator of the human. It makes them
a sacred duty that is not related to any human authority. It crowns them with an
obligatory power that has to be protected by every individual. It rises up to the level
of a religious duty.

Such rights, as long they are conferred by the Creator, they know no discrimination
on the basis of gender, geography or belief.

As for the fundamental and legitimate foundation, it asserts that everything, in

essence, is lawful, which is the larger circle, while prohibition is limited to only a
smaller circle. Permission and prohibition is based on man’s interest. A human’s
circle of freedom is limited only by the boundaries of others’ freedom. No one should
impair the freedom or the rights of the other, because “there should be no harm or
reciprocal harm”. In all cases, one should seek ethical means in practicing or
defending their freedom. Should he argue, he should argue in a good way. He
should not preach what he does not practice. If he judges, let him not be hard-
hearted. These are but a few ethics that have been asserted in the Noble Qur’an and
the Prophetic Suannah.

Exploring the core of the uniqueness of the human rights from the Islamic
perspective requires first to look back at the human being in the eyes of Islam and
know his station in this universe. Islam has acknowledged human beings as theyare.
All human beings, no matter what their race, color, religion or civilization is, they are
respectable and brothers in humanity. The Messenger (PBUH) said, “You are all
from Adam and Adam is created from dust.”
Whatever the place or time a human being is born and lives in, according to Islam,
he is born with a natural disposition, which is one in all mankind. It is there and
complete from the very moment of his birth. This natural disposition is a blow from
the Spirit of Allah (SWT). A human being not only is born with a natural disposition,
but also he is born with basic knowledge such as hearing, sight and the heart. These
are the tools by which a human being can handle the longing he feels to know about
Allah (SWT); to reach for freedom; to enjoy life and to achieve spiritual prosperity
along with materialprosperity.
3- Acknowledging human rights is the origin of all rights

The first and most important human right that asserts the uniqueness of the Islamic
perception of human rights is the right to acknowledge him as a human being. It is
the origin of all rights. If they are not acknowledged on this fundamental and spiritual
level, more human rights would vulnerable to be cut under many pretexts created by
tyrants and justified by the authorities controlling man, be it political, social or
religious.
Ancient, middle and modern history present to us many situations, in which the
humanity of the human being is not acknowledged. That was the very beginning to
badly affect many of the human’s rights and fundamental freedoms. History provides
us too with many affirmations on the enormity of the sacrifices offered by societies
until they managed to extort the acknowledgment of the humanity of the human
being and that he is entitled to enjoy, practice and protect his rights.

Moving to another point, which is the legal foundation of human rights stated in
Islamic law, Islam has always tried to approach the basic model of those rights with
regards to their universality and inclusiveness. We will notice, however, that the legal
independent opinions offered by jurists during the course of time have differed for
numerous reasons -the space here would not be enough to contain all such details.
Those independent opinions, sometimes, approached the basic model that has been
founded by the epistemological, philosophical and fundamental sources. At other
times, they were far from those sources and were unable to comprehend their broad
indications or understand their comprehensive tendency towards humanity.

If we moved to what we may call it the practical foundation of those rights, we would
find that the gap is getting even larger between what should be and what has been
really there throughout different historic stages or what does exist in our current time.
There are many reasons for this gap that would explain it, the mechanisms of it
getting larger at times or smaller at other times, which is another subject for another
discourse.
4- Legal drafting for human rights

It is worth mentioning here that the Islamic law pertained to human rights as a
system has fell behind a lot to offer legislative drafting that would put these rights in a
contemporary language. This is contrary to what the modern and contemporary
European intellect has done, asthey gave a great attention to the process of drafting
these rights and stating them in a more accurate and specific way. The European
intellect expressed them in numerous ways such as declarations, covenants and
international treaties, whose power of enforcement has varied between ethical and
legal enforcement.

Whatever the reasons that led to such delay from the modern and contemporary
Islamic intellect to offer legislative drafting for human rights in the form of covenants,
declarations or treaties, yet, during the last decades some forms have been made to
make up for that shortage. Examples of these forms are as follows:

• Human Rights in Islam, published in the periodical Rabitat al-Alam al-Islmay (The
Muslim World League Journal) in Makkah in 1979
• Universal Islamic Declaration of Human Rights issued by the Islamic Council of
Europe in London in 1980
• Draft Document on Human Rights in Islam, which was issued by the summit of the
Organization of the Islamic Conference in Ta’if in 1989
• Draft Document on Human Rights in Islam, which was submitted to the Fifth
Conference on Human Rights in Tehran in December 1989
• Cairo Declaration on Human Rights in Islamin 1990
• Declaration on the Rights and Care of the Child in Islam, which was issued in
Morocco in 1994
In addition,there are other initiatives and drafts as well either through individual or
collective effort. All of them, yet, are in the stage of declarations. They do not have a
power of enforcement, especially in the face of the ruling regimes that violate human
rights in many spots in the Arab and Islamic world according to the periodic reports
issued by human rights organizations from all over the world.
5- Freedom of the individual as a starting point in Islam

“Protection of the human being” is a starting point in the foundation of the

uniqueness of the Islamic perspective on human rights. This is the main source of all
other rights. “Freedom of the individual” is the chief support on which the creed,
systems and laws in Islam are founded. Islam acknowledges the human’s ability to
choose with his free will with no need for any intermediary or guardian except in rare
cases and specific exceptions related to incapacity. Some great scholars like Abu-
Hanifa al-Nu’man, however, believed that interdicting an incompetent person of his
legal capacity is impermissible. Abu-Hanifa’s explanation is that this would be a
violation of man’s humanity, equaling him with livestock. The harm he would suffer
from such violation on the human level is much more than that on the material level
resulting from his misuse of his property. It is impermissible to avoid harm by causing
a greater harm.

By acknowledging the freedom of the individual in this way, a number of basic rights
that are related to the human being and his humanity, the first of which is the rights
related to freedom of thinking, expression, research and contemplation.

Neither in the tenets of Islam, its fundamentals, nor the opinions of the great scholars
is there anything that would impose a certain scientific theory on people. This is the
opposite of some practices known in the history of religions and other cultures such
as the Inquisitions.
Characteristics and advantages of human rights in Islam

1- Human rights in Islam stems from the Islamic creed

Human rights in Islam, originally, stem from the creed, that is the Oneness of Allah.
This creed, which is founded on testifying that there is no god but Allah, is the source
of all rights and freedoms. Allah (SWT)created people free because He wants them
to be free. He commanded them to preserve and abide by the rights He ordained. He
made jihad a duty in order to protect those rights. He prohibited anybody from
transgressing them and this is repeatedly mentioned in the Qur’an in the verses of
fighting and jihad.
Human rights in Islam stem from the divine honoring to mankind that is mentioned
plainly in the sacred texts. Such honoring is a part and parcel of the Islamic concepts
and man’s servitude to Allah (SWT) and the natural disposition of the human being.
2- Human rights in Islam is a divine gift
Human rights in Islam is a divine gift granted by Allah (SWT) to his servants. They
are not awarded by any human or could be taken back. Rather, they are rights
conferred by Allah (SWT)for the benefit of mankind.
3- Human rights in Islam are inclusive

Among the characteristics and advantages of human rights in Islam is that they are
inclusive, whether political, economic, social or cultural rights. Moreover, these rights
are general, that is everyone lives under the rule of Islamic State is entitled to enjoy
those rights with no distinction because of color, sex or language.

4- Human rights in Islam are concrete, inalienable and unchangeable

One of the characteristics of human rights in Islam is that they are complete and
inalienable because they are part and parcel of the Islamic law. Documents written
by humans are changeable and vulnerable to cancellation no matter how much they
try to immunize them. Even the rigidity they imposed on constitutions did not keep
them from being adjusted. Allah (SWT) destined that His religion [Islam] to be the
last religion and that the Messenger (PBUH) is the Seal of Prophets. Accordingly, the
Book of Allah (SWT) and the Sunnah of His Messenger (PBUH) is lasting for as long
as the heavens and earth would last.
5- Human rights in Islam should not be in conflict with Islamic law objectives:

One of the characteristics of human rights in Islam is that they are not absolute; they
are restricted by the objectives of the Islamic law. It means human rights should not
be in conflict with the interests of the community, part of which is the individual
himself.
Preserving human rights

Ensuring and preserving human rights can be done through keeping hudud the limits
of Allah (SWT) and ruling by the Islamic law so as to prevail over people. Some
describe those limits as unjust, backward, cruel and harsh, claiming that the legal
punishments conferred by Allah (SWT)are against human rights. This is seriously a
grave thing to say! Therefore, we took it upon ourselves to show here the gravity of
such a misconception spread about Islam by its enemies.

The legal punishment, whatever it is, is a ruling prescribed by Allah (SWT) as it is the
law of Allah (SWT). Those punishments are meant to be deterrents and protectors
[to the community]. Allah (SWT) knows best about His servants’ interests, even
better than themselves.

Legal punishments are prescribed only to prevent the crimes that may violate human
rights by transgressing a human’s religion, soul, property, mind or dignity. They are
fixed punishments and predetermined by Allah (SWT). They spread security and
safety in the society as a whole. Putting those punishments into effect is the way to
spread justice and prevent crime. Look at the societies that do not apply the laws of
Allah (SWT) and you will see them full of dissolution and shocking crimes. Allah
(SWT) prescribed those punishments to expiate for such sins committed by some of
the servants of Allah (SWT). The Messenger (PBUH) said, “Whoever commits any
[of these sins] and received his punishment in this worldly life, then it is expiation for
him.”

Putting the rulings of Allah (SWT) into effect is an act of obedience for the
commands of Allah (SWT) and His Messenger (PBUH). Should those false accusers
know the consequences of suspending the laws of Allah (SWT), such as violating
what Allah (SWT) has stated as inviolable and the rights of human beings, they
would have taken back their false accusations.

One of those false accusations is that the punishment prescribed for stealing is a
humiliation for the human being because it strips him of one of his limbs, cripples him
and disfigures his body. Just look at those statements, by which they aim to offend
Islam. This is undoubtedly a refutable argument. Applying the law of Allah (SWT) is
as beneficial to human beings as the rain is.

“A punishment that is carried out on earth is better for the people of earth than if it
were to rain for thirty mornings.”

Applying the law of Allah (SWT) is a necessity in order for security and safety to
prevail in the society, otherwise, crime, tyranny and lack of security would widely
spread. The interest of the public, with no doubt, comes as a first priority than that of
the individual. How could we think of the interest of an individual at the expense of
nation’s? Allah (SWT) says, “And there is for you in legal retribution life…” (Al-
Baqarah: 179) Allah (SWT), thus, made retribution, which is killing in itself, life.

They claim that the punishment prescribed for drinking alcohol is a violation of
human rights, because a human being is free to drink whatever he wants. They did
not notice, however, that drinking alcohol in itself transgresses the self. It
transgresses the greatest gift Allah (SWT) has given to mankind, which is the mind.
Drinking alcohol and all other intoxicating liquors stupefies the mind causing many
evils to take place. Because a human being loses his mind first, then he commits the
worst of crimes, wine was named ‘the origin of all evils’ as it has many harmful
effects on health, psyche and body.

A human being is not free to do with his self whatever he wants. The severity of the
punishment corresponds to the severity of the crime. The Islamic tenants are meant
to keep away from evils and bring benefits to the nation. The noble Islamic law is a
general and comprehensive methodology for the nation to preserve the human
being, his dignity and his right for life. How could it not be a source for human rights?
Allah (SWT) the Creator of this universe and the All-Knowing of His servants’ affairs.
“Does He who created not know, while He is Subtle, the Acquainted?” (Al-Mulk: 14)

The created, then, has only to be contented and submit to the rule of Allah (SWT).
All Muslims should adhere to their religion, apply its rulings and etiquette and to let it
be the judge among them. Only then, they would prosper in this worldly life and the
Hereafter. Islam was the first to acknowledge human rights in the Qur’an and
Sunnah. The punishments prescribed by Allah (SWT) are meant to preserve those
rights against whoever may monopolize them.

Retribution is but to preserve the right for life. The punishment prescribed for
harabah(banditry) is a protection for the rights of the society, individually and
collectively. The punishment prescribed for stealing is a protection for property and
ownership. The punishment prescribed for adultery and false accusation of adultery
is a protection of dignity and offspring. The punishment for drinking alcohol is a
protection for the mind.

Rights in Islam are inviolable. Transgressing them is a crime. How then could
anybody throw false accusations over Islam?

Islam, dear brothers, achieved what the man-made laws or the international
covenants could not achieve. Islam brought all the good for this nation. All thanks are
due to Allah (SWT) that we live under the umbrella of this noble Islamic law, which is
delivered to us through Prophet Muhammad (PBUH). The Messenger (PBUH) did
not leave any good but he told us about it, nor did he leave an evil except that he
warned us against it.

Human rights between Islam and man-made documents

Acknowledging rights, lifting oppression from the oppressed are among the tenants
of all divine laws and called on by sound natural dispositions and minds. Islam is
divine religion, whose source is the Lord of the worlds. Therefore, there is no doubt
that it would be wiser and more just than the man-made laws, which are vulnerable
to faults. In the following we would present some differences between Islam and the
other man-made documents about human rights:
1- Precedence and power of enforcement
2-
Islamic law has long received the precedence over all other covenants,
declarations and international agreements when it comes to human rights
since 14 centuries ago. What is mentioned in the Universal Declaration of
Human Rights and all the following international agreements and the United
Nation Charter on Human Rights are but repetition of some of the tenants of
honorable Islamic law.

According to Islam, human rights are inherent, inalienable,unchangeable and

nobody could even suspend them. They are binding and ordained by the
Creator, Allah (SWT). No human being, whosoever, can suspend or
transgress them. Their self-immunity cannot be removed, neither by a human
being, for he cannot give them up, nor by the society represented by its
establishments whatever they or their powers are. As for the legal value of the
Universal Declaration of Human Rights, it is merely a non-compulsory
declaration issued by the United Nations.

Human rights in man-made covenants, thus, are recommendations ormoral

 rulings. In Islam, however, they are an obligation guaranteed by the
authorities. The public authority in the Islamic system has the right to impose
this obligation, unlike the international covenants that deem them as personal
rights that cannot be imposed unless the rightful person gives it up.
2- Depth and inclusiveness

Human rights in Islam are deeper and more inclusive than they are in the man-made
documents. According to the Islamic perspective, they are sourced from the Book of
Allah (SWT) and the Sunnah of the Messenger (PBUH). As for the international laws
and covenants, they are sourced from the human intellect. Human beings do
mistakes. They are influenced by the characteristics of the human nature such as
weakness, falling short to perceive many things, while Allah (SWT) is the All-
Perceiver.
Rights, in Islam, reach the rank of the inviolable. How is this? They are considered a
postulate, which are supported by duties and preserved by hudud then it reaches the
level of the inviolable. If the human covenants have referred to some rights, Islam
with its two sources, the Qur’an and the Sunnah already indicated all types of rights
endowed by Allah (SWT) over His creation.
3- Protection and guarantee

In man-made laws, human rights have not been given assurances of protection
against violations. Looking back to the articles of the Universal Declaration of Human
Rights issued by the United Nations in 1948, we find that it did not specify, on the
international level, the means and assurances to prevent any violations against
human rights.

The Declaration warned against circumventing its articles or misinterpreting them,

but without stipulating a penalty in case of doing so. It also stated that a committee
for human rights should be formed in order to study the reports of the member states
to secure the acknowledged rights. The committee is to undertake the notifications
brought forward by one of the member states against the other regarding the latter’s
implementation of their obligations stated in an agreement according to certain
conditions.
Even the international protection for human rights, we can see that they are mere
trials that did not reach the level of implementation. They are based on two things:

a- Trying to agree on a general principle acknowledged by all states

b- Trying to stipulate binding penalties that condemn any state that violates human
rights
However, all what have been issued by the United Nations, organizations and
institutions regarding human rights are mere recommendations that are manipulated
by those who stipulated them according to their whims!
In Islam, however, Muslims have relied on two main things regarding human rights:
a- Putting the legal punishments into effect; for one of the most important objectives
of putting them into effect is to preserve the rights of the individuals.
b- Achieving absolute justice enjoined by Allah (SWT) and His Messenger (PBUH)
and has been urged by the Noble Qur’an and the Noble Sunnah. Allah (SWT) says,
“Indeed, Allah orders justice and good conduct…” (An-Nahl: 90)
The Messenger (PBUH) was the first to obey the command of his Lord in
establishing justice; his whole life was a model of justice. He taught his Companions
justice, advised his nation to establish justice and warned them against injustice. He
taught us that Islam, as a methodology, is founded on establishing justice, equality
and preserving rights.
4- Human rights in man-made laws gives the opportunity to rid of legal duties and
abide by customs and traditions, which is against Islamic tenants.
5- In man-made laws, prohibited deeds such as adultery, homosexuality are made
lawful and are numbered among human rights. Islam, on the other hand, preserves
mankind from the evils and destructive consequences of such heinous acts and
gives people good alternatives instead.
6- In man-made laws, human rights approve the false acts of the wrongdoers and
that they do not want Islam to reach people so they would believe that all religions
are one. This in turn, would not show the differences between the truthful and the
untruthful religions.