Q: The status of human rights in Pakistan?

Human rights
Human rights are standards that recognize and protect the dignity
of all human beings. Human rights govern how individual human beings
live in society and with each other, as well as their relationship with the
State and the obligations that the State have towards them.
Human rights are universal and inalienable. All people everywhere
in the world are entitled to them. No one can voluntarily give them up.
Nor can others take them away from him or her.
Human rights are a set of rights that are given to every human being
regardless of his/her gender, caste, creed, religion, nation, location or
economic status. These are said to be moral principles that illustrate
certain standards of human behavior. Protected by law, these rights are
applicable everywhere and at every time.

Human rights include basic rights that are given to every human being
regardless of his caste, creed, religion, gender or nationality. Here is a
look at the universal human rights:
 Right to Life, Liberty and Personal Security
 Right to Equality
 Right to Remedy by Competent Tribunal
 Right to Recognition as a Person before law
 Freedom from Discrimination
 Freedom from Slavery
 Freedom from Torture
 Freedom from Arbitrary Arrest and Exile
 Right to be Considered Innocent until Proven Guilty
 Right to Fair Public Hearing
 Freedom of Movement
 Freedom from Interference with Privacy, Family, Home and
Correspondence
 Right to Asylum in Other Countries from Persecution
 Right to Nationality and Freedom to Change it
  Right to Marriage and Family
 Right to Education
 Right to Own Property
 Right of Peaceful Assembly and Association
 Right to Participate in Government and in Free Elections
 Freedom of Belief and Religion
 Freedom of Opinion and Information
 Right to Adequate Living Standard
 Right to Participate in the Cultural Life of Community
 Right to Social Security
 Right to Desirable Work and to Join Trade Unions
 Right to Rest and Leisure
 Right to Social Order that Articulates this Document
 Freedom from State or Personal Interference in the Above Rights

Evolution of Human Rights

The concept of Human Rights has originated from different schools of

thought which are based on different religions, philosophies and different
law schools. The foundation of the concept of Human Rights was laid
down by all religious traditions like Islam, Christianity, Hinduism,
Judaism, Buddhism, and irrespective of their differences. All religions
practice respect and dignity to all the humans that would result in
fraternity, solidarity and the protection of all individuals. On the other
hand, the diverse schools of Philosophy including Western thought lay
emphasis on the notion of moral justice.
The Cyrus Cylinder :
The cylinder was created in 539 BCE The Cyrus Cylinder or Cyrus
Charter is an ancient clay cylinder a declaration by Cyrus the Great
(ruler of the Persian Empire) who established reforms through this
cylinder. The Cylinder has also been called the oldest known charter or
symbol of universal human rights And also considered a base of the
human rights declaration (UDHR). It is translated into all six official
languages2 of the United Nations and its provisions parallel the first four
Articles of the Universal Declaration of Human Rights. Cyrus the Great
recognized & protected, what are now called the right to liberty &
security, freedom of movement, right to property & even certain
economic & social rights and created the first humane, equal and
religiously tolerant empire that consisted of different languages, races,
religions and cultures. He freed the slaves, declared that all people had
the right to choose their own religion, and established racial equality.
The Religious Teachings:
The leading traditions like Islam, Christianity , Hinduism, Judaism,
Buddhism, Confucianism, in spite of their differences, contradictions and
conflict, have a humanist perspective that supports human rights and
respect the dignity of all people. K'ung Fu Tzu or Confucius establishes
the Confucianism. The highest virtue: "Jen" is the principle "to love all
men." Divine scriptures of Jews(Torah), Christians (The Bible)and
Muslims(The Holy Quran) address the questions of people’s duties,
rights, and responsibilities. The teachings of the Prophet Muhammad
(the last Prophet sent by God for mankind) are outlined in the Qur'an,
which emphasizes racial and religious tolerance, charity and equality.
Concept of Human Right in Islam The Arabic word Huquq is used for human
rights. Huquq is plural of Haqq. In Arabic one says: ‘Hathihi haqqi’ (this is
my right).7 Although the ‘primary meaning of Haqq is established fact or
reality (al-mawjüd – al-thãbit), however, in the field of law its dominant
meaning is truth or that which corresponds to facts’. ‘Both meanings are
equally prominent, so much so that some lexicographers’ (Lane 1865)
consider the second meaning to be the primary one. In the context of
law, ‘right, power, and claim are equally good to convey the same
meaning’. Some writers add beneficence and public good to the term
right.8 In Sufi usage “Haqq means the absolute”.9 The term haqq occurs
frequently in the Qur’an to imply the aforementioned meanings of ‘adl’,
‘qist’, ‘ma’ruf’ and other related ones’. In the sense of the specific due,
Quran says: 10 “And those in whose property there is a right for the
indigent and the deprived” In the sense of justice, Allah says: L LK J IM
11 “And Allah judges with right” This word is also used in the traditions of
the Messenger of Allah Muhammad (). The Messenger of Allah () in
one of his traditions says as: A true vision of Human Rights in Islam 4
“‫ ”ال حق أن ت ال حمد ول ك‬12 “O, Allah , All praise to you, you are the Truth” In a
hadith recorded by Muslim, Abü Hurairah narrated that: ِ ‫ ”تت‬13 ِ‫س ِت ِت‬
‫“ ح“ تت ت الِ ق تس ت ل ع ِت ِتِ تل الِ تَ تس ت ل‬A Muslim has a right (haqq)
over other Muslims in six matters…” The Arabs use the word haqq (right)
interchangeably to denote both right and duty.14 The classical Muslim
scholars use right in general as well as in particular senses. They use it
to cover the wide-range of the categories of the right.15 Ibn Nujaym
defines haqq as: “…the entitlement of a person to a thing”. 16 Western
commentators generally hold that Islam does not recognize the idea of
an individual having inherent rights, fundamental or otherwise. For
Schacht: “Islamic law is a system of duties, of ritual, legal and moral
obligations, all of which are sanctioned by the authority of the same
religious command”. Gibb opines that: “The Islamic theory of
Government gives the citizen as such no place or function except as
taxpayer and submissive subject”. This line of argument is taken further
by Henry Siegman (1964) who states that: “no such abstractions as
individual rights could have existed in Islam. In such a system the
individual cannot have rights and liberties, he has only the obligation”.17
The reason of this incorrect conclusion is because of lack of proper
understanding of the nature of human rights in Islam. In A true vision of
Human Rights in Islam 5 Shariah human rights are a consequence of
human obligations. All members of a society are responsible to God and
as a result of fulfilling these obligations they gain certain rights and
freedoms.18 The philosophy of Islam is justice, and this “requires an
integrated and Unitarian approach towards rights and obligations. Both
the individual and society are working under the commandment of Allah,
to enable people to live freely on the earth in peace and satisfaction”.19
In Islam rights and duties are in fact, ‘two sides of same coin’. They are
so co-related that they cannot be separated. The Shariah tends to
integrate rights and obligations into the broad concepts of haqq (right)
and hukm (ruling). In this context each individual’s rights become others’
duties, and others’ duties become his rights.20 In Islam right is only one
end of a social relation while the other end is the duty. One’s right to do
something can only be guaranteed in a society if he accepts to allow the
same amount of freedom of action to others.21 The Quran emphasizes
on duties rather than rights. It insists upon the fulfillment of individual
obligations before the individual can claim his privileges. With this
approach the individual is neither a part nor separate from society, and
his rights are neither different from nor conflicting those of the
community. He is part and parcel of society, and the fulfillment of his
obligations and those of the other members of the society constitute the
reservoir of social rights which are then shared by all. The individual
enjoys as many privileges as society can afford, and society affords just
as much as it receives from the individual. Thus the Islamic society is not
a separate conflicting entity with the individual; it is not a mere system,
but the highest form of integral and integrated collectivity wherein each
individual is both a member and a leader. There can be no social
classes, and any member of the community who is asked to A true vision
of Human Rights in Islam 6 be a leader or to be ready for leadership
must also act at all times with the same degree of social responsibility as
if he were in fact the leader rather than the follower.22 When Muslims
speak about human rights in Islam, they mean rights which are
bestowed by Allah in the Holy Quran; rights which are divine, eternal,
universal and absolute; rights which are guaranteed and protected
through the Shariah. The rights which are not subject to any alterations
or modifications, and there is no scope for any change or abrogation.23
Islamic concept of human rights is essentially based on the idea of
human dignity and equality of mankind. The dignity of a person is
considered very important and basic right of the individuals in Islam
law.24 Human rights in Islam are concerned with the right of the
individual, the level of self-esteem that secures personal identity and
promotes human community. While the pursuit of human dignity is
universal, its forms are designed by the cultures of people.25 Islam
regards human rights as an integral part of faith. A man cannot be
considered religious in the true sense of the word, if he does not take
care of the rights of his fellowmen. The measure of judging a man’s
religiosity is how he deals with people, not how much he prays.26 In
Islamic jurisprudence human rights are to some extent more than the
ordinary civil rights, they are based on the Principles of AdI, Ihsan and
Istihsan. All the rights determined by the Quran and the Sunnah shall be
deemed fundamental rights for the Muslims.27 The Qur’an gives us a
clear concept of the human rights and it demands that the rights be
safeguarded in such a way that not only the individual gets his rights but
along with the individual the society should also evolve, become better, a
more civilized.28 A true vision of Human Rights in Islam 7 The concept
of human right receives clear exposition in the Qur’an which says: h g f e
d c b a ` _﴿ 29Lo n m l k j i (Verily we have honoured the children of
Adam. We carry them on the land and the sea, and have made provision
of the good things for them, and have preferred them above many of
those whom we created with a marked preferment.) According to Quran,
the Almighty Allah has given to humankind dignity and honour over all of
His creation. Allah Almighty honoured Man by making the angels kneel
before Adam, the first man. ِ‫ ت‬30 ‫( تددوا ﴾ اس ت ﴿ د ت‬Prostrate yourselves
before Adam.) This commandment of Allah implies that every born baby
should be cared for and properly treated as an honorable human being.
When he grows up he should be treated as a free man that is guarded
by the dictates of the glorious Shariah which honors his life and guards
him against prison, killing or even insult.31 Man has been placed on a
very pedestal in the Divine scheme of creation. The Qur’an provides
ample testimony of the exalted status accorded to man. Lq p on m l k j
iM 32 (And He has subjected to you the night and the day, and the sun
and the moon; and the stars are subjected by His Command.) No
Further evidence is required in the pages of the Quran which high-lights
the dignity and right of Man, thus we read: L Æ Å Ä Ã Â Á À ¿ ¾M A true
vision of Human Rights in Islam 8 (So when I have made him and have
breathed into him {Adam} of My spirit, then fall down prostrating
yourselves unto him.) Muslim jurists have made a detail study of human
rights. Even the rights of animals did not escape their attention. In
addition to the rights of parents, neighbors, children, wives, they also
discussed civil rights Every Citizen of a Muslim state has the right of a
decent living and of holding property In addition he has freedom of
opinion, profession and movement. No one can deprive him of these
rights. Life is a divine gift, whose sanctity must be observed. The Quran
emphasizing the fundamental rights of an individual to life and personal
dignity proclaims that: 34 L k j i h g f e dM (Kill not a soul which Allah has
made sacrosanct save in the cause of justice.) 3 2 1 0 / . - , + * ) M 35L; :
9 8 7 6 5 4 (Whosoever killed a person not in retaliation of murder, or
(and) to spread mischief in the land, it shall be as if he had killed all
mankind, and who so gave life to one, it shall be as if he had given life to
all mankind.) The right to personal dignity is further substantiated by the
Qur’anic prohibition of slanderous accusation (qadhf) f e d c b a ` _ ^ ] M
36 L o n m lk j i h g (And those who accuse chaste women, and produce
not four witnesses, flog them with eighty stripes, and reject their
testimony forever .They indeed are liars and rebellious.) Advancing the
concept of human right and dignity of person, the Quran reads as: A true
vision of Human Rights in Islam 9 Ç Æ Å Ä Ã Â Á À ¿ ¾ ½ ¼ » º M Õ Ô
Ó Ò Ñ ÐÏ Î Í Ì Ë Ê É È 37L ×Ö (O you who believe! Let not a group scoff
at another group, it may be that the latter are better than the former. Nor
let (some) women scoff at other women, it may be that the latter are
better than the former. Nor defame one another, nor insult one another
by nicknames). It is a unique concept of human right presented by Islam,
having no example of it, at least in the western concept of human rights.
In the views of Rashid Ahmad Jullundhri: “Islam wants to create a
society based on a deep sense of moral responsibility and justice in
order to preserve human dignity accorded to man by God ”.38 The
human history is evident of it that the Holy Messenger Muhammad ()
for the first time bestowed all those fundamental rights to man which
were necessary to elevate him on the highest pedestal of humanity. He
“granted humanity that Charter of liberty, fraternity, equality, justice,
dignity, peace, and what not, which lent grace, politeness and beauty to
the life of man.39 Human rights granted by Islam are “not confined to
citizens of any one state. They are to be enjoyed by the Muslims as well
as non-Muslims all over the world without any discrimination”. “Islam
does not restrict these rights and privileges to the geographical limits of
its own state or to the people of its own faith. It has a universal concept
of fundamental rights which is for the whole mankind irrespective of
color, race, territory, language, and even creed”. Every man, whether he
belongs to this country or that, whether he is a believer or unbeliever,
whether he lives in a forest or in desert, has A true vision of Human
Rights in Islam 10 certain basic human rights simply because he is a
human being. These rights have been given to all without any distinction
of caste, creed or color.40 In a true Islamic state “these rights are
enjoyed by all of its citizens and cannot be violated by the state or
another individual. No war no emergency and no crisis can authorize
anybody including the state to suspend or abrogate the fundamental
rights given by the Quran and Sunnah to the Muslim citizens and non-
Muslims living in an Islamic state”.41 Messenger’s () declaration of
human rights, proclaimed in his last sermon is a clarion-call for all
mankind of the universe, irrespective of caste and creed, devoid of any
narrow nationalistic ideas of the present day.42 Muslim theologians have
divided rights into two categories: ‘Huqooq Allah’,( the rights of Allah)
and ‘Huquq al-Abad’, ( human rights).43 ‘Islamic approach to balancing
the rights of Allah and the rights of the individual is objective in the sense
that it seeks to protect the interests of both the individual and the
community under the umbrella of justice’.44 Islam not only guarantees
human rights and fundamental freedoms to the Muslims and non-
Muslims both but, at the same time, provides' remedies for the
infringement of these rights and freedoms.45 In his first official speech,
Abu Bakr () said: ‫ت تَ ت تْ ِت ضع تت ف‬، ‫ت ت لس ب تت ت ت َ ِت ت ِتُ ِ ف‬،
‫ َ أيي َ تا ه الننلس تا َ ت ق ِتنَِ و تد ت ت ل ت ِتت ع ي ت تل تَ ت ِ ت و‬، ‫ِت تاْ تَ ت‬
َ ‫ ت ت ت ال ا خ تب ِت‬، ‫ ِتت ِتَ تاْ تَ و‬، ‫ف تت ت تأع ِتيْ توْ أِ تق تد ال ص‬
ْ ‫تَ ت َ أح تْ ِت تس ت‬، ِ ‫ تِّي َِوِ توْ و‬، ‫ِت ت تت َ َ ت شلء ت تْ ِت ال ل ت تته‬
‫ت ع ت تل تَ ته ح‬ ‫تَ ت أزيأ َ ِت ن‬،
ِ ‫ي ف ي ِ ت ِت ال َِو ت ت ع تتَ ِت ْ تد ح‬
‫ ال ضع تت ِت ت ف‬46 ‫ت ِت ْ ته الأ ت َ تتق ت شلء ت تْ ِت ال ل ت تته ت‬ ‫تا آخ َ ت ن‬
ِ ‫ ِتَ ت‬، ‫( و ت ت ال َِو ف تتَ ي ِ ت ِت ال ضع تت ت ِت ت ع ي ف ِت ْ تد ح‬O People:
I have been appointed ruler upon you, while I am not the best of you. If
you see me with A true vision of Human Rights in Islam truth, help me,
and if with falseness set me right. The strong among you, in my opinion,
is weak until I snatch the right from him and the weaker among you, in
my view, is the strong, unless I redress his wrong.) Abu Bakr’s () policy
was continued by his successor Umar() the second Caliph of Islam.
Once, the Governor of Egypt incarcerated a citizen unjustly. The injured
managed to escape from prison. He went from Egypt to Madina where
he complained to Umar(). Umar () summoned the Governor of Egypt
and said: ‫ أمهلت هِ ول دت هِ و د ال نلس ت ع بدت ِ ِ ما‬47 ‫( أحُاُا‬Since when have
you taken upon yourself to make people slaves who are born free?) In
an Islamic culture the state has the responsibility of enforcing these
rights of the individuals based on principles of Adl and Ihsan, guaranteed
by Shariah. The purpose of an Islamic state is not merely to protect its
citizens but also to achieve social justice.48 In Islamic Shariah, it is the
legal obligation and duty of the people in power to look after and protect
the rights of the people. If they fail to enforce them, and start denying the
rights that have been guaranteed by God or make amendments and
changes in them, or practically violate them while paying lip-service to
them, they are sinful. In many ayahs of the Holy Quran warning has
been issued against those who are involved in persecution and
violations of human dignity. They are reminded again and again to
implement the laws of Shariah and to observe justice by dealing with
others.49 The Quran in this regard proclaims as: L| { z y x w v u tM 50
(Those who do not judge by what Allah has revealed are the
disbelievers.) The second ayah in this regard speaks as: LÁ À ¿ ¾ ½ ¼
» º ¹M 51 (And whosoever does not judge by that which Allah has
revealed, they are the wrongdoers(zalimun). A true vision of Human
Rights in Islam 12 While a third Ayah in the same chapter says: LM L K J
I H G F E M 52 (And whosoever does not judge by that which Allah has
revealed, they are the evil-livers” (the rebellious).) Since in Islam, Allah is
the Absolute Sovereign, there is no room for rulers to be above the law,
for kings who do no wrong, for monarchs who enslave men. The man
who abuses his power will pay for it and the victim of abuse is entitled to
redress. Both sovereign and subject are equal before the law. The
subject has no obligation to obey the sovereign if the latter deviates from
the law.53 The Messenger of Islam Muhammad () explained in detail
the implications for unjust rulers who ignore the rights of their subjects
and enjoy committing excesses against the people, by saying: ِ ‫ِته‬
‫ِته ف ِت تاْ ت ِتِ تاِ ُ ت و اتاع ت ته تو ِ ت تس ت ئ ع تول ت تْ ُ ت تع ِت ينت‬
‫ِتت ت تو تْ ِته تا ت ل ت ِ تت ُ ت و اتاع ت ت ِ تس ت ئ ع تول ت تْ ُ ت تع ِت ينت‬
‫ت تس ت ئ ع تول ت تْ ُ ت تع ِت ينت ِته و ِت تالِ تُ تأَ ف ت ب ي ِتَ ت َ ز‬
ِ ‫ تا و ال ُْ تت ت تل ف ت أه ِتَ تل ِته ُ ِت و اتاع ت ته تو‬54 ‫ت تْ ُ ت تع ِت ينت ِته‬
‫( ُ تاع ِت َ ت َ و ت ته ِتَ ِ ت تس ت ئ تولُ ع‬Every one of you is a shepherd,
and every one of you will be questioned about those under his rule: the
Amir (ruler) is a shepherd and he Will be questioned about his subjects,
the man is a ruler in his family and he will be questioned about those
under his care and the woman is a ruler in the house of the husband and
she will be questioned about those under her care.) 55 ‫ت تننُ ِت‬
‫التتت َ ت ت ُ تد ِتْ تائ ِتح تَ الا‬ ِ ِ‫ت تح تطَ ب تا ِت ْ ِتصيأ ت تَ َ ات ل‬
َ ِ‫ِ ِ تا ِتْ ع ت ت ب تد اس ات تتي تُ تع تاه ال ل ت تته ُ ت تع ِت ينُ ِّ يل ت ت ت‬
(Any governor in charge of Muslim subjects who does not protect them
with good counsel will not smell the fragrance of Paradise.) ِ َ‫ت ِت َ تاِ ت‬
‫ِ ِ تا ِتْ أِ ت ع ي ُ ِت ِت تشُ ت ت َ َ ات ي ي ِتتتال تت ت ب تَ ِته ي ي ِت تو تِ الق‬
56 ‫ت تتداه َ ت ِت ع لل ت ْ تق ِته أطل ِت تت َ الأ ت تت ت أو ق أو ت تبي تت َ ت‬
َ ُ‫ ِ تَ تل تول‬A true vision of Human Rights in Islam 13 (He who has
been ruler over the ten people will be brought on the Day of Resurrection
shackled till justice loosens his chains or his tyranny brings him to
destruction.) ْ‫تاء و ِت ت َ تل ل ت ِت تألِ ت ْ تاء لَ ِت ت ت تِ تنينَ تت‬
‫ت ِت َ تاِ تَ ت أْ تت و ِت َ تل ل ت ِت تألِ تُ تاء و ِت ت َ تل ل ت ِت ل تع تُ ت ف‬
‫ِتِ ت ت لِ ا ت تو تائ ِت ب ي ته تِ لْ ت ت تت ت أ يو ت تاِ ي ي ت تو تِ الق‬
‫تت ِت ت ي ي ينل ت ت تاب ت تاب ت ب ي توْ ت ت َ تْ ال سِ تت ت تاء و ِت تاألُ ت و‬
ُ‫ َ ع توا تِ ِتل ع توا تل شَ َ ت ت تء ات ِ تع ت ل تت ت ُ ب ت ال ثي‬. ْ‫ ت و‬57
(Woe to the governors, woe to the chiefs, woe to the supervisors! On the
Day of Resurrection, people will wish their forelocks were tied to the
Pleiades, that they were swinging between heavens and earth, and that
they had never exercised any rule). ِ ْ‫اسالْ ِت أح ِت تت‬ ‫ن‬ ‫ت تته َ ِت َ تتب ت لل‬
‫ الق ت َ تاِ تَ ي ي ِت تو تِ ال ل‬، ‫ت تدل ت ِتس ِت ا ِ ت ْ ته و ت تأد تْ تاه تِ ِت‬
ِ ِ‫ ع ِتِ تل َ ِت تا‬، ‫ تاد‬58 ‫ال ل ت َ الننلس ِت و ِت تأبي ِتلل تَ تِ ت‬
، ‫( ْ تائ ِتُ َ ت ِتِ تاِ ِ ت تدل ت ِتس ِت ا ِ ت ْ ته و ت تأبي تع تده ت تِ تته‬The
one who will be dearest to Allah and nearest to Him in station on the Day
of Resurrection will be a just Imam (ruler) and the one who will be most
hateful to Allah on the Day of Resurrection and will receive the severest
Punishment (or will be farthest from Him in station) will be a tyrannical
Imam (ruler).) These ahadith of the Messenger of Allah Muhammad ()
plainly state the rights of the people over their rulers, on the fulfillment of
which rests the latter’s whole future life. Their excellence or degradation
on the Day of Judgment is entirely dependent on how justly or unjustly
they treat their subjects, and how much interest they take in the welfare
of the people and in safeguarding their rights and privileges.
IMPLICATIONS: Human right in Islam is considered very important and
sacred in Islam law. The concept of Human right has been discussed in
all the sources of Islamic law beginning from Quran to ijtihad. Human
rights concept in Islam is as old as man himself. Islam has A true vision
of Human Rights in Islam 14 declared and guaranteed it 1400 years ago
and every Muslim is bound to accept and follow them. Shariah has a
unique concept of human rights, which emerge from the concept of
obligations. The emphasis of Islam is on duties rather than rights. The
rights and duties are in fact, two sides of same coin. They are so co-
related that they cannot be separated. All the believers owe a duty to
God and as a result of fulfilling these obligations they gain certain rights
and freedoms. Islam has an integrated and Unitarian approach towards
rights and obligations. Islam regards human rights as an integral part of
faith. A man cannot be considered religious in the true sense of the
word, if he does not take care of the rights of his fellowmen. The
measure of judging a man’s religiosity is how he deals with people, not
how much he prays. Human rights granted by Islam are not confined to
citizens of any one state. They are to be enjoyed by the Muslims as well
as non-Muslims all over the world without any discrimination. In a true
Islamic state these rights are enjoyed by all of its citizens and cannot be
violated by the state or another individual. No war no emergency and no
crisis can authorize anybody including the state to suspend or abrogate
the fundamental rights given by the Quran and Sunnah to the Muslim
citizens and non-Muslims living in an Islamic state. Islam not only
guarantees human rights and fundamental freedoms to the Muslims and
non-Muslims but, at the same time, provides' remedies for the
infringement of these rights and freedoms. In Shariah, it is the legal
obligation and duty of people in power to look after and protect the rights
of the people. In Islam human rights have been conferred by Allah, the
Almighty God of universe through His word, the Quran and through His
final Messenger Muhammad (). They carry special sanction behind
them. They are permanent, sacrosanct and inviolable and in A true
vision of Human Rights in Islam 15 no way or in no circumstances can
be withdrawn, modified reduced, amended or suspended on any pretext.
No king no head of state or chief executive, no parliament or legislature
and no Qadi or court has any authority to violate these rights. Whereas
on the other hand rights in the West human rights are the result of
legislation by the parliament of a state, which recognizes such rights only
for its citizens. The Charter and proclamations of the United Nations
cannot be compared with the rights sanctioned by God, for the former
are not obligatory on anybody, while the latter are an integral part of the
Islamic faith .The U.N. Charter only provides for protection and
encouragement of human rights; it neither guarantees these rights nor
ensures their observance. It places no obligation upon the member
States to put it into effect. The five super powers are still preserving their
veto powers. It is merely declaratory and not mandatory. The Violation of
human rights by the USA and NATO forces and their unlawful
interference in Iraq, Egypt, Afghanistan etc and occupation of Kashmir
by India are the clear examples of double standards of the big powers
and ineffectiveness of the UN. From the above discussion, it is
abundantly clear that the rights proclaimed in the Quran and the appeal
made by the Messenger of Allah () about more than 1400 years ago in
his Farewell Sermon with respect to human rights is much more
appropriate and comprehensive as compared to the rights proclaimed
and guaranteed by the West and Human world organizations.
The Concept of Natural Law: From Babylon, the idea of human rights
spread quickly to India, Greece and eventually Rome. There the concept
of “natural law” arose. According to John Locke (b. 1632, d. 1704) a
British philosopher, every human being has a natural right to life,
personal liberty, and property, and that no governmental authority has
power to deprive individuals of these rights.
The Magna Carta3 also called Magna Carta Libertatum (Latin for "the Great
Charter of the Liberties"), is a charter granted by King John of England
on 15 June 1215, The whole document is written in Latin, and the
original Magna Carta had 63 clauses. England’s nobles (called barons),
church leaders, and the common people disliked King John. He
demanded too much money from his people. The barons drew up the
Magna Carta to limit his power. John was too weak to resist them. It was
a was a peace treaty between the King and the rebel barons although it
was against the will of King John. The English Magna Carta of 1215
granted by King John is very much significant in the development of
human rights. The Magna Carta dealt mostly with the rights of barons
and the Roman Catholic church. However, it also guaranteed the rights
of women and children who inherited property. It established the
principle that everyone is subject to the law, even the king, and
guarantees the rights of individuals, the right to justice and the right to a
fair trial. Some of the rights the document contained were the right of the
church to be free from governmental interference, the rights of all free
citizens to own and inherit property and to be protected from excessive
taxes. It established the right of widows who owned property to choose
not to remarry. It also contained provisions forbidding bribery and official
misconduct.
English Bill of Rights 1689: It was a British law passed by the Parliament
and declared not only its supremacy over the Crown in clear terms but
also the rights and liberties of the people. A written statement that
explains the basic freedoms and rights of citizens is generally called a
bill of rights The Bill of Rights established a constitutional monarchy in
Great Britain(where the King or Queen has a largely ceremonial position)
and clearly established that the King and/or Queen may not by
themselves establish new courts of law nor may they act as a judge.
The French Declaration of the Rights of Man and of the Citizen, 1789 It is one
of the most important papers of the French Revolution. This paper
explains a list of rights, such as freedom of religion, freedom of speech,
freedom of assembly and separation of powers. All men have these
rights. It introduced a new social and political order. Further the
declaration served as the basis for many Constitutions, framed in
different countries, where the framers gave top priority to human rights.
Main theme: "men are born and remain free and equal in rights…
The U.S. Bill of Rights, 1791 The first colonies to revolt against England
were the thirteen States of America. On July 4, 1776 the United States
Congress approved the Declaration of Independence. Thomas Jefferson
was the primary author. Main theme: individual rights and the right of
revolution. USA Constitution was written in 1787, the oldest written
constitution in use. For the Constitution to take effect, it had to be
approved by nine of the 13 states. However, many states were not ready
to approve the Constitution. As a result, James Madison wrote 12
amendments and presented them to the First Congress in 1789. On
December 15, 1791 ten of the amendments were passed and made part
of the Constitution. They would later become known as the Bill of
Rights.7 The overall theme of the Bill of Rights is that the citizen be
protected against the abuse of power by the officials of the States It
guarantees civil rights and liberties to the individual—like freedom of
speech, press, and religion.
The Universal Declaration of Human Rights 1948
The establishment of the Universal Declaration of Human Rights in
1948 when the United Nations vowed to provide equality to all people.
This task was accomplished by the Commission on Human Rights,
whose main objective was to design a document that will clearly define
the human rights and freedoms in the charter. Eleanor Roosevelt was
commissioned to perform the task. The Universal Declaration of Human
Rights (UDHR) was adopted by 56 members. The Preamble of the
United Nations asserts, “Recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family is the
foundation of freedom, justice, and peace in the world.” This has been
incorporated in the constitution of 185 countries. The declaration also
achieved the status of customary international law because people
regard it as the bases for establishing a common standard for all people
and nations. After the Universal Declaration of Human Rights, the
Human Rights Commission drafted two treaties, the International
Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol
and the International Covenant on Economic, Social and Cultural Rights
(ICESCR). Together they are known as the International Bill of Human
Rights. Their main objective is right to life, freedom of speech, voting,
and religion which are subsets of a bigger spectrum of Human Rights. In
addition to the treaties, there were 20 principle bills that were adopted by
the UN which focus on protecting the individuals from torture and
genocides. At the same time protect the minorities, women and the
vulnerable populations (refugees). The various conventions are:
 Member states of the United Nations pledged to promote respect
for the human rights of all. To advance this goal, the UN
established a Commission on Human Rights and charged it with
the task of drafting a document spelling out the meaning of the
fundamental rights and freedoms proclaimed in the Charter. The
 Commission, guided by Eleanor Roosevelt’s forceful leadership,
captured the world’s attention.
 On December 10, 1948, the Universal Declaration of Human
Rights (UDHR) was adopted by the 56 members of the United
Nations. The vote was unanimous, although eight nations chose to
abstain.
 The UDHR, commonly referred to as the international Magna
Carta, extended the revolution in international law ushered in by
the United Nations Charter – namely, that how a government treats
its own citizens is now a matter of legitimate international concern,
and not simply a domestic issue. It claims that all rights
are interdependent and indivisible. Its Preamble eloquently asserts
that:
 Recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of
freedom, justice, and peace in the world.
 The influence of the UDHR has been substantial. Its principles
have been incorporated into the constitutions of most of the more
than 185 nations now in the UN. Although a declaration is not a
legally binding document, the Universal Declaration has achieved
the status of customary international law because people regard it
"as a common standard of achievement for all people and all
8 Laws inconsistent with or in derogation of fundamental rights to be void.
(1) Any law, or any custom or usage having the force of law, in so far as it
is inconsistent with the rights conferred by this Chapter, shall, to the
extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the
rights so conferred and any law made in contravention of this clause
shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to :-

(a) any law relating to members of the Armed Forces, or of the police
or of such other forces as are charged with the maintenance of
 public order, for the purpose of ensuring the proper discharge of
their duties or the maintenance of discipline among them; or
16[
(b) any of the:-
(i) laws specified in the First Schedule as in force immediately
before the commencing day or as amended by any of the laws
specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;
] 16 and no such law nor any provision thereof shall be void on the
ground that such law or provision is inconsistent with, or repugnant to,
any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3),

within a period of two years from the commencing day, the appropriate
Legislature shall bring the laws specified in 18[Part II of the First
Schedule] 18 into conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the
said period of two years by a period not exceeding six months.
Explanation:- If in respect of any law 19[Majlis-e-Shoora
(Parliament)] 19 is the appropriate Legislature, such resolution shall be
a resolution of the National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as
expressly provided by the Constitution.

9 Security of person.
No person shall be deprived of life or liberty save in accordance with law.

10 Safeguards as to arrest and detention

(1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor shall
he be denied the right to consult and be defended by a legal
practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be

produced before a magistrate within a period of twenty-four hours of
 such arrest, excluding the time necessary for the journey from the
place of arrest to the court of the nearest magistrate, and no such
person shall be detained in :custody beyond the said period without
the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is
arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal
with persons acting in a manner prejudicial to the integrity, security or
defence of Pakistan or any part thereof, or external affairs of Pakistan,
or public order, or the maintenance of supplies or services, and no
such law shall authorise the detention of a person for a period
exceeding 20[three months] 20 unless the appropriate Review Board
has, after affording him an opportunity of being heard in person,
reviewed his case and reported, before the expiration of the said
period, that there is, in its opinion, sufficient cause for such detention,
and, if the detention is continued after the said period of 21[three
months] 21, unless the appropriate Review Board has reviewed his
case and reported, before the expiration of each period of three
months, that there is, in its opinion, sufficient cause for such detention.
Explanation-I: In this Article, "the appropriate Review Board" means:-
(i) in the case of a person detained under a Federal law, a Board
appointed by the Chief Justice of Pakistan and consisting of a
Chairman and two other persons, each of whom is or has been a
Judge of the Supreme Court or a High Court; and
(ii) in the case of a Person detained under a Provincial law, a Board
appointed by the Chief Justice of the High Court concerned and
consisting of a Chairman and two other persons, each of whom is
or has been a Judge of a High Court.
Explanation-II: The opinion of a Review Board shall be expressed in
terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under

any law providing for preventive detention, the authority making the
order shall, 22[within fifteen days] 22 from such detention,
communicate to such person the grounds on which the order has been
made, and shall afford him the earliest opportunity of making a
representation against the order:
 Provided that the authority making any such order may refuse to
disclose facts which such authority considers it to be against the public
interest to disclose.

(6) The authority making the order shall furnish to the appropriate Review
Board all documents relevant to the case unless a certificate, signed
by a Secretary to the Government concerned, to the effect that it is not
in the public interest to furnish any documents, is produced.

(7) Within a period of twenty-four months commencing on the day of his

first detention in pursuance of an order made under a law providing for
preventive detention, no person shall be detained in pursuance of any
such order for more than a total period of eight months in the case of a
person detained for acting in a manner prejudicial to public order and
twelve months in any other case:
Provided that this clause shall not apply to any person who is
employed by, or works for, or acts on instructions received from, the
enemy 23[or who is acting or attempting to act in a manner prejudicial
to the integrity, security or defence of Pakistan or any part thereof or
who commits or attempts to commit any act which amounts to an anti-
national activity as defined in a Federal law or is a member of any
association which has for its objects, or which indulges in, any such
anti-national activity] 23.

(8) The appropriate Review Board shall determine the place of detention
of the person detained and fix a reasonable subsistence allowance for
his family.

(9) Nothing in this Article shall apply to any person who for the time being
is an enemy alien.

24
[
10A. Right to fair trial:
For the determination of his civil rights and obligations or in any criminal
charge against him a person shall be entitled to a fair trial and due
process.
] 24
11 Slavery, forced labour, etc. prohibited
(1) Slavery is non-existent and forbidden and no law shall permit or
facilitate its introduction into Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service:-

(a) by any person undergoing punishment for an offence against any
law; or
(b) required by any law for public purpose provided that no
compulsory service shall be of a cruel nature or incompatible with
human dignity.

12 Protection against retrospective punishment

(1) No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of
the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from,
the penalty prescribed by law for that offence at the time the
offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making
acts of abrogation or subversion of a Constitution in force in Pakistan
at any time since the twenty-third day of March, one thousand nine
hundred and fifty-six, an offence.

13 Protection against double punishment and self incrimination.

No person:-
(a) shall be prosecuted or punished for the same offence more than once;
or
 (b) shall, when accused of an offence, be compelled to be a witness
against himself.

14 Inviolability of dignity of man, etc.

(1) The dignity of man and, subject to law, the privacy of home, shall be
inviolable.

(2) No person shall be subjected to torture for the purpose of extracting

evidence.

15 Freedom of movement, etc.

Every citizen shall have the right to remain in, and, subject to any
reasonable restriction imposed by law in the public interest, enter and
move freely throughout Pakistan and to reside and settle in any part
thereof.

16 Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms,
subject to any reasonable restrictions imposed by law in the interest of
public order.

25
[
17. Freedom of association:
(1) Every citizen shall have the right to form associations or unions,
subject to any reasonable restrictions imposed by law in the interest of
sovereignty or integrity of Pakistan, public order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right
to form or be a member of a political party, subject to any reasonable
restrictions imposed by law in the interest of the sovereignty or
integrity of Pakistan and such law shall provide that where the Federal
Government declares that any political party has been formed or is
operating in a manner prejudicial to the soverignty or integrity of
Pakistan, the Federal Government shall, within fifeen days of such
declaration, refer the matter to the Supreme Court whose decision on
such reference shall be final.
 (3) Every political party shall account for the source of its funds in
accordance with law.

] 25
18 Freedom of trade, business or profession.
Subject to such qualifications, if any, as may be prescribed by law, every
citizen shall have the right to enter upon any lawful profession or
occupation, and to conduct any lawful trade or business:
Provided that nothing in this Article shall prevent:-
(a) the regulation of any trade or profession by a licensing system; or
(b) the regulation of trade, commerce or industry in the interest of free
competition therein; or
(c) the carrying on, by the Federal Government or a Provincial
Government, or by a corporation controlled by any such Government,
of any trade, business, industry or service, to the exclusion, complete
or partial, of other persons.

19 Freedom of speech, etc.

Every citizen shall have the right to freedom of speech and expression,
and there shall be freedom of the press, subject to any reasonable
restrictions imposed by law in the interest of the glory of Islam or the
integrity, security or defence of Pakistan or any part thereof, friendly
relations with foreign States, public order, decency or morality, or in
relation to contempt of court, 33[commission of] 33 or incitement to an
offence.

34
[
19A. Right to information:
Every citizen shall have the right to have access to information in all
matters of public importance subject to regulation and reasonable
restrictions imposed by law.

] 34
20 Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a) every citizen shall have the right to profess, practice and propagate his
religion; and
 (b) every religious denomination and every sect thereof shall have the
right to establish, maintain and manage its religious institutions.

21 Safeguard against taxation for purposes of any particular religion.

No person shall be compelled to pay any special tax the proceeds of which
are to be spent on the propagation or maintenance of any religion other
than his own.

22 Safeguards as to educational institutions in respect of religion, etc.

(1) No person attending any educational institution shall be required to
receive religious instruction, or take part in any religious ceremony, or
attend religious worship, if such instruction, ceremony or worship
relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination

against any community in the granting of exemption or concession in
relation to taxation.

(3) Subject to law:

(a) no religious community or denomination shall be prevented from
providing religious instruction for pupils of that community or
denomination in any educational institution maintained wholly by
that community or denomination; and
(b) no citizen shall be denied admission to any educational institution
receiving aid from public revenues on the ground only of race,
religion, caste or place of birth.

(4) Nothing in this Article shall prevent any public authority from making
provision for the advancement of any socially or educationally
backward class of citizens.

23 Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property
in any part of Pakistan, subject to the Constitution and any reasonable
restrictions imposed by law in the public interest.

24 Protection of property rights.

(1) No person shall be compulsorily deprived of his property save in
accordance with law.

(2) No property shall be compulsorily acquired or taken possession of

save for a public purpose, and save by the authority of law which
provides for compensation therefore and either fixes the amount of
compensation or specifies the principles on and the manner in which
compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of :-

(a) any law permitting the compulsory acquisition or taking possession
of any property for preventing danger to life, property or public
health; or
(b) any law permitting the taking over of any property which has been
acquired by, or come into the possession of, any person by any
unfair means, or in any manner, contrary to law; or
(c) any law relating to the acquisition, administration or disposal of any
property which is or is deemed to be enemy property or evacuee
property under any law (not being property which has ceased to be
evacuee property under any law); or
(d) any law providing for the taking over of the management of any
property by the State for a limited period, either in the public
interest or in order to secure the proper management of the
property, or for the benefit of its owner; or
(e) any law providing for the acquisition of any class of property for the
purpose of
(i) providing education and medical aid to all or any specified
class of citizens or
(ii) providing housing and public facilities and services such as
roads, water supply, sewerage, gas and electric power to all or
any specified class of citizens; or
(iii) providing maintenance to those who, on account of
unemployment, sickness, infirmity or old age, are unable to
maintain themselves ; or
(f) any existing law or any law made in pursuance of Article 253.
 (4) The adequacy or otherwise of any compensation provided for by any
such law as is referred to in this Article, or determined in pursuance
thereof, shall not be called in question in any court.

25 Equality of citizens.
(1) All citizens are equal before law and are entitled to equal protection of
law.

(2) There shall be no discrimination on the basis of sex 35[] 35.

(3) Nothing in this Article shall prevent the State from making any special
provision for the protection of women and children.

36
[
25A. Right to education:
The State shall provide free and compulsory education to all children of
the age of five to sixteen years in such manner as may be determined
by law.

] 36
26. Non-discrimination in respect of access to public places.
(1) In respect of access to places of public entertainment or resort not
intended for religious purposes only, there shall be no discrimination
against any citizen on the ground only of race, religion, caste, sex,
residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special
provision for women and children.

27. Safeguard against discrimination in services.

(1) No citizen otherwise qualified for appointment in the service of
Pakistan shall be discriminated against in respect of any such
appointment on the ground only of race, religion, caste, sex, residence
or place of birth:
 Provided that, for a period not exceeding 37[forty] 37 years from the
commencing day, posts may be reserved for persons belonging to any
class or area to secure their adequate representation in the service of
Pakistan:
Provided further that, in the interest of the said service, specified posts
or services may be reserved for members of either sex if such posts or
services entail the performance of duties and functions which cannot
be adequately performed by members of the other sex 39[:] 39
40[Provided also that under-representation of any class or area in the
service of Pakistan may be redressed in such manner as may be
determined by an Act of Majlis-e-Shoora (Parliament).] 40

(2) Nothing in clause (1) shall prevent any Provincial Government, or any
local or other authority in a Province, from prescribing, in relation to
any post or class of service under that Government or authority,
conditions as to residence in the Province. for a period not exceeding
three years, prior to appointment under that Government or authority.

28 Preservation of language, script and culture.

Subject to Article 251 any section of citizens having a distinct language,
script or culture shall have the right to preserve and promote the same
and subject to law, establish institutions for that purpose

State of human rights around the world/violations of human

rights
We’ve mentioned a few examples of human rights violations, but there are
many more. Civil, political, economic, cultural, and social rights can all be
violated through various means. Though all the rights enshrined in the
Universal Declaration of Human Rights and in the legally binding International
Covenants of Human Rights (ICCPR, CESCR) are considered essential, there
are certain types of violations we tend to consider more serious. Civil rights,
which include the right to life, safety, and equality before the law are
considered by many to be “first-generation” rights. Political rights, which
include the right to a fair trial and the right to vote, also fall under this
category.
Civil and political rights
Civil and political rights are violated through genocide, torture, and arbitrary
arrest. These violations often happen during times of war, and when a human
rights violation intersects with the breaking of laws about armed conflict, it’s
known as a war crime.

Conflict can also trigger violations of the right to freedom of expression and
the right of peaceful assembly. States are usually responsible for the
violations as they attempt to maintain control and push down rebellious
societal forces. Suppressing political rights is a common tactic for many
governments during times of civil unrest.

Violations of civil and political human rights aren’t always linked to specific
conflicts and can occur at any given time. Human trafficking is currently one of
the largest issues on a global scale as millions of men, women, and children
are forced into labor and sexual exploitation. Religious discrimination is also
very common in many places around the world. These violations often occur
because the state is failing to protect vulnerable groups.

Economic, social, and cultural rights

As described in the UDHR, economic, social, and cultural rights include the
right to work, the right to education, and the right to physical and mental
health. As is the case with all human rights, economic, social, and cultural
rights can be violated by states and other actors. The United Nations Office of
the High Commissioner for Human Rights gives a handful of examples of how
these rights can be violated. They include:
 Contaminating water, for example, with waste from State-owned facilities
(the right to health)
 Evicting people by force from their homes (the right to adequate housing)
 Denying services and information about health (the right to health)
 Discriminating at work based on traits like race, gender, and sexual
orientation (The right to work)
 Failing to provide maternity leave (protection of and assistance to the
family)
 Not paying a sufficient minimum wage (rights at work)
 Segregating students based on disabilities (the right to education)
 Forbidding the use of minority/indigenous languages (the right to
participate in cultural life)