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 honour, 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, colour or race. Every
human-being is thereby related to all others and all
become one community of brotherhood in their
honourable 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 he 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 with the state Or at war. The
Quran very clearly states:
0 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
godfearing.
(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:
... Who so 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.
It is not permissible to oppress women, children, old
people, the sick or the wounded. Women's honour
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 amongst 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
recognised 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 is not applicable on anybody
while the latter is applicable on every believer. They
are a part and parcel of the Islamic Faith. Every
Muslim or administrators who claim themselves to
be Muslims, will have to accept, recognise 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.
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."
Islam
has laid down the principle that no citizen can
be imprisoned unless his guilt has been proved
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 defence is not
permissible in Islam.
Amongst 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 some one who has been
injured thereby.
In Islam, as has been argued earlier, all power
and authority belongs to God, and with man
there is only delegated power which becomes
a trust; everyone who becomes a recipient or a
donee of such a power has to stand in awful
reverence before his people towards 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
God and His prophet; but turn away from
me when I deviate."
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.
Islam has also given people the right to freedom of
association and formation of parties or
organisations. This right is also subject to
certain general rules.
Islam has laid down the injunction: There should be no coercion in the matter of
faith.
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 by slavery was 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.
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.
Islam also recognises the
right of the individual that he will not be
arrested or imprisoned for the offences of
others. The Holy Quran has laid down this
principle clearly:
No bearer of burdens shall be made to bear the burden of another.
Islam has recognised the right of the needy
people that help and assistance will be
provided to them: And in their wealth there
is acknowledged right for the needy and
the destitute.
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 offences 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 cut her hand."
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 realise the ideal of the
Brotherhood of man.