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Since God is the absolute and the sole master of men and
the universe, He is the sovereign Lord, the Sustainer and Nourisher, the
Merciful, Whose mercy enshrines all beings; and since He has given each man
human dignity and honor, and breathed into him of His own spirit, it follows
that, united in Him and through Him, and apart from their other human
attributes, men are substantially the same and no tangible and actual
distinction can be made among them, on account of their accidental
differences such as nationality, color or race. Every human being is thereby
related to all others and all become one community of brotherhood in their
honorable and pleasant servitude to the most compassionate Lord of the
Universe. In such a heavenly atmosphere the Islamic confession of the
oneness of God stands dominant and central, and necessarily entails the
concept of the oneness of humanity and the brotherhood of mankind.
Although an Islamic state may be set up in any part of the earth, Islam
does not seek to restrict human rights or privileges to the geographical
limits of its own state. Islam has laid down some universal fundamental
rights for humanity as a whole, which are to be observed and respected under
all circumstances whether such a person is resident within the territory of
the Islamic state or outside it, whether he is at peace or at war. The Quran
very clearly states:
"O believers, be you securers of justice, witness for God. Let not
detestation for a people move you not to be equitable; be equitable - that
is nearer to God-fearing." (5:8)
Human blood is sacred in any case and cannot be spilled without
justification. And if anyone violates this sanctity of human blood by
killing a soul without justification, the Quran equates it to the killing of
entire mankind.
"...Whoso slays a soul not to retaliate for a soul slain, nor for
corruption done in the land, should be as if he had slain mankind
altogether." (5:32)
It is not permissible to oppress women, children, old people, the sick
or the wounded. Women's honor and chastity are to be respected under all
circumstances. The hungry person must be fed, the naked clothed and the
wounded or diseased treated medically irrespective of whether they belong to
the Islamic community or are from among its enemies.
When we speak of human rights in Islam we really mean that these rights
have been granted by God; they have not been granted by any king or by any
legislative assembly. The rights granted by the kings or the legislative
assemblies, can also be withdrawn in the same manner in which they are
conferred. The same is the case with the rights accepted and recognized by
the dictators. They can confer them when they please and withdraw them when
they wish; and they can openly violate them when they like. But since in
Islam human rights have been conferred by God, no legislative assembly in
the world or any government on earth has the right or authority to make any
amendment or change in the rights conferred by God. No one has the right to
abrogate them or withdraw them. Nor are they basic human rights which are
conferred on paper for the sake of show and exhibition and denied in actual
life when the show is over. Nor are they like philosophical concepts which
have no sanctions behind them.
The charter and the proclamations and the resolutions of the United
Nations cannot be compared with the rights sanctioned by God; because the
former are not applicable on anybody while the latter are applicable on
every believer. They are a part and parcel of the Islamic Faith. Every
Muslim or administrator who claims himself to be Muslim, will have to
accept, recognize and enforce them. If they fail to enforce them, and start
denying the rights that have been guaranteed by God or make amendments and
changes in them, or practically violate them while paying lip service to
them, the verdict of the Holy Quran for such government is clear and
unequivocal:
"Those who do not judge by what God has sent down are the
disbelievers." (5:44)
Human Rights In An Islamic State
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The Security Of Life And Property:
In the address which the Prophet delivered on the occasion of the
Farewell Hajj, he said: "Your lives and properties are
forbidden to one another till you meet your Lord on the Day of
Resurrection." The Prophet has also said about the dhimmis
(the non-Muslim citizens of the Muslim state): "One who kills a
man under covenant (i.e., dhimmi) will not even smell the fragrance of
Paradise."
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The Protection Of Honor:
The Holy Quran lays down:
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"You who believe, do not let one (set of) people make
fun of another set."
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"Do not defame one another."
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"Do not insult by using nicknames."
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"Do not backbite or speak ill of one another."
(49:11-12)
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Sanctity And Security Of Private Life:
The Quran has laid down the injunction:
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The Security Of Personal Freedom:
Islam has laid down the principle that no citizen can be imprisoned
unless his guilt has been proven in an open court. To arrest a man only
on the basis of suspicion and to throw him into a prison without proper
court proceedings and without providing him a reasonable opportunity to
produce his defense is not permissible in Islam.
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The Right To Protest Against Tyranny:
Among the rights that Islam has conferred on human beings is the right
to protest against government's tyranny. Referring to it the Quran says:
"God does not love evil talk in public unless it is by someone
who has been injured thereby." (4:148)
In Islam, as has been argued earlier, all power and authority
belong to God, and with man there is only delegated power which becomes
a trust; everyone who becomes a recipient of such a power has to stand
in awful reverence before his people toward whom and for whose sake he
will be called upon to use these powers. This was acknowledged by Hazrat
Abu Bakr who said in his very first address: "Cooperate with
me when I am right but correct me when I commit error; obey me so long
as I follow the commandments of Allah and His Prophet; but turn away
from me when I deviate."
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Freedom Of Expression:
Islam gives the right of freedom of thought and expression to all
citizens of the Islamic state on the condition that it should be used
for the propagation of virtue and truth and not for spreading evil and
wickedness. The Islamic concept of freedom of expression is much
superior to the concept prevalent in the West. Under no circumstances
would Islam allow evil and wickedness to be propagated. It also does not
give anybody the right to use abusive or offensive language in the name
of criticism. It was the practice of the Muslims to enquire from the
Holy Prophet whether on a certain matter a divine injunction had been
revealed to him. If he said that he had received no divine injunction,
the Muslims freely expressed their opinion on the matter.
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Freedom Of Association:
Islam has also given people the right to freedom of association and
formation of parties or organizations. This right is also subject to
certain general rules.
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Freedom Of Conscience And Conviction:
Islam has laid down the injunction:
"There should be no coercion in the matter of faith."
(2:256)
On the contrary, totalitarian societies totally deprive the
individuals of their freedom. Indeed, this undue exaltation of the state
authority curiously enough postulates a sort of servitude, of
slavishness on the part of man. At one time slavery meant total control
of man over man - now that type of slavery has been legally abolished
but in its place totalitarian societies impose a similar sort of control
over individuals.
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Protection Of Religious Sentiments:
Along with the freedom of conviction and freedom of conscience, Islam
has given the right to the individual that his religious sentiments will
be given due respect and nothing will be said or done which may encroach
upon his right.
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Protection From Arbitrary Imprisonment:
Islam also recognizes the right of the individual not to be arrested or
imprisoned for the offenses of others. The Holy Quran has laid down this
principle clearly:
"No bearer of burdens shall be made to bear the burden of
another." (35:18)
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The Right To Basic Necessities of Life:
Islam has recognized the right of the needy people for help and
assistance to be provided to them:
"And in their wealth there is acknowledged right for the needy
and the destitute." (51:19)
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Equality Before Law:
Islam gives its citizens the right to absolute and complete equality in
the eyes of the law.
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Rulers Not Above The Law:
A woman belonging to a high and noble family was arrested in connection
with theft. The case was brought to the Prophet, and it was recommended
that she might be spared the punishment of theft. The Prophet replied: "The
nations that lived before you were destroyed by God because they
punished the common man for their offenses and let their dignitaries go
unpunished for their crimes; I swear by Him Who holds my life in His
hand that even if Fatima, the daughter of Muhammad, had committed this
crime, I would have amputated her hand."
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The Right To Participate In The Affairs Of State:
"And their business is (conducted) through consultation among
themselves." (42:38)
The "Shura" or the legislative assembly has no other
meaning except that the executive head of the government and the members
of the assembly should be elected by free and independent choice of the
people.
Lastly, it is to be made clear that Islam tries to achieve the above
mentioned human rights and many others not only by providing certain
legal safeguards but mainly by inviting mankind to transcend the lower
level of animal life to be able to go beyond the mere ties fostered by
the kinship of blood, racial superiority, linguistic arrogance, and
economic privileges. It invites mankind to move on to a plane of
existence where, by reason of his inner excellence, man can realize the
ideal of the Brotherhood of man.
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