ISLAM AND HUMAN RIGHTS
by Dr. Farida Khanam
O people! Behold, we have created you from a male and a female;
and we have made you into tribes and sub-tribes, so that you
may recognize one another. The most honourable among you,
in the sight of God, is he who is the most righteous
among you. God is All-Knowing, All-Aware.
THE QURAN, 49: 13
RIGHTS in Islam are divided into two categories. One concerns
divine rights (Huququllah) and the other, human rights (Huququl
Ibad). Though divine rights are superior to human rights, this
difference is only a matter of belief or doctrine.
In theory, divine rights and human rights are different; but in a
practical sense, both the rights: divine and human, are so interrelated
that sometimes it becomes impossible to separate one from the other.
In fact, it is the observance of divine rights that paves the way for
observance of human rights in the true sense of the word. For
instance, the first and foremost divine right is Tawheed, that is, to
declare the oneness of God, without associating anything with Him.
As the Quran says:
Say, “He is God, the One.
He is self-sufficient
He begets not, nor was He begotten.”
THE QURAN, 112: 1-3
This belief of Tawheed helps man realize the fact that there is nothing
superior to, or greater than God. All creatures, including human beings,
irrespective of their external differences, are equal in dignity as well
as in responsibility before the one and only God. Anyone who abuses
or humiliates or ridicules others, abuses the Creator indirectly. Such
commandments abound in the Quran and Hadith and show that divine
rights and human rights are so interdependent that they become
complementary to one another.
It is as if God will not accept our obeisance to Him if we do not fulfil the
human rights prescribed in the Quran and Hadith.
For instance, the Prophet is reported to have said:
"By God, he is not a believer, by God, he is not a believer,
by God, he is not a believer."
When asked by the companions, "Who is he?", the Prophet replied,
“He whose neighbour is not safe from his mischievous deeds.”
Hadith-Abu Dawud
The differences between human beings seen as justification for
discrimination resulting in the violation of basic human rights are
considered in the Quran as signs of God:
And among His signs is the creation of the heavens and the earth,
and the diversity of your tongues and colours. In that surely are signs
for those who possess knowledge.
THE QURAN, 30: 22
All the differences of race, community or tribe (THE QURAN 49: 13) are
just for mutual introduction (Ta’aruf) and not for discrimination. The
differences of race, community or tribe are not meant for discrimination
against one another. They exist rather, for the purpose of knowing and
appreciating one another.
Differences lead to intellectual exchange
and intellectual development.
It is astonishing to note that the Quran had declared fifteen hundred
years ago the biological unity of human beings, a fact which was
scientifically established only during the 20th century.
The fourth chapter of the Quran begins with this proclamation:
O mankind, be conscious of your Sustainer, who has created you out
of a single living soul and out of it created its mate. And out of the
two spread on the earth a multitude of men and women.
THE QURAN, 4: 1
Human life in Islam is held in such high esteem that the killing of a
single human being is considered equivalent to the assassination
of the whole of mankind. And the protection of a single human life
is equivalent to protection of the whole of mankind. It is so stated in the Quran with reference to the murder of Abel by his elder brother
Cain, this being the first violation of human rights in human history.
(THE QURAN 5: 27-32)
Some scholars claim that Islam does not have any provision for human
rights in the modern sense, since it is theocentric, and therefore God is
regarded as the starting point of all thought and action. On the contrary,
the modern concept of human rights is anthropocentric, wherein man
forms the centre of everything. However, a thorough analysis shows
that this view is based on a misconception. Man’s primary duty in Islam
consists of obeying God wholeheartedly and unconditionally. All other
rights, including human rights, automatically stem from this primary
duty towards God.
It is the observance of divine rights that paves the way
for the observance of human rights.
We can say that, without this theocentric perspective, neither can the
fulfilment of human rights be ensured nor their violation avoided.
The preamble of the UN Charter of Human Rights (UDHR) calls on all
member nations to strive to construct a new world order, on a sounder
basis, ‘one in which the recognition of the inherent dignity and the
equal inalienable rights of all the members of the human family is the
foundation of freedom, justice and peace in the world’.1
It would be difficult to say that the UN or any other national or
international body or authority has actually established the required
world order on a sound basis. But in Islam as stated earlier, the
doctrine of Tawheed and unconditional obedience to God provide the
most powerful incentive for the observance of human rights and the
strongest deterrence as such against their violation.
Some Comparative Examples
Muslim scholars have thoroughly studied the topic of human rights.
For details the readers may refer to the following books:
Human Rights in Islam by Muhammad Zafarullah Khan
Islam and Human Rights by A.E. Mayer
Human Rights in Islam by Dr. Parveen Shaukat
However, it would be better to present some references from the
Quran, Hadith and Islamic history. This may show us a clearer picture
of human rights in the Islamic Shariah, both in theory and in practice.
Freedom of religion:
Religious freedom is the basic human right whose violation has caused
conflicts, wars and bloodshed in both ancient and modern societies.
The Quran therefore has declared for the first time in human history,
that ‘there shall be no coercion in matters of religion.’ (THE QURAN 2: 256).
In view of this prohibition of coercion, all Islamic jurists without any
exception hold that forcible conversion is under all circumstances
null and void. Any attempt to coerce a non-believer to accept Islam
is a grievous sin. According to this principle of ‘non-coercion’, it is not
permissible to exploit or manipulate personal weaknesses or calamities
(e.g. poverty, sickness, famine, etc.) for religious conversion. That is
why old and downtrodden non-Muslims were exempted from taxes
and given all monetary support by the Islamic state without ever being
asked to embrace Islam just for the advantages it would give them.
Protection of a single human life is equivalent to
protection of the whole of mankind.
Once, a Jewish widow came to the Caliph Umar asking for some financial
aid. Umar tried to persuade her to accept Islam. He promised to take
care of all her needs if she embraced Islam. But the lady refused. Umar
then gave her more than she had asked for. When she departed, Umar
raised his hands towards heaven and said:
O God, bear witness that I have not
exercised any coercion on this lady.
Tarikh Umar ibn Khattab, Ibn al-Jawzi
Justice and equality before the Law:
According to the Quran and Hadith, the establishment of justice is
one of the most essential goals in the sending of the prophets and in
revealing the divine scriptures. (THE QURAN, 57: 25 )
The just are loved by God, (THE QURAN, 60: 8 ); while the unjust will face the
fire of Hell. (THE QURAN, 72: 15 )
The Prophet once observed:
God does not bless a community in which the weak cannot take
from the strong what is rightfully theirs without fear of reprisal.
Hadith-Sunan, Ibn Majah
Deviation from the path of justice is not allowed, even when it concerns
one’s opponent or enemy (THE QURAN 5: 8). The ruler and the ruled, the
rich and the poor, black and white, should be treated equally before
law, without any discrimination or distinction of race, colour, sex,
language, religion, political affiliation, birth or other status. The
following incident illustrates how strictly this ideal was religiously
maintained in the early phase of Islam in accordance with Islamic
doctrines and commandments.
Any attempt to coerce a non-believer to accept Islam
is a grievous sin.
A woman by the name of Fatimah, belonging to the Banu Makhzum
tribe, once committed a theft. Her kinsfolk, fearing that she would be
punished, sent Usamah ibn Zayd to intercede with the Prophet on her
behalf. When the Prophet heard this pre-planned intercession, signs of
anger appeared on his face.
“Are you trying to sway me as to the limits laid down by God?” he
asked. Usamah ibn Zayd immediately admitted his mistake and begged
the Prophet to pray on his behalf for forgiveness. The Prophet then
delivered a sermon to those assembled there saying:
Communities of old came to grief and destruction because of
the disparity and leniency shown to those in high positions
when they committed such an offence. On the contrary,
any offender of humble origin or lowly status in society had
harsh punishment meted out to him. By God, if my own
daughter Fatimah were to steal, I would have her punished.
Hadith-Al-Bukhari, Muslim
Freedom of expression and dissent:
The principle of non-coercion mentioned above has not been confined
to religious freedom alone. Rather, it has been extensively elaborated upon and widely applied to all social, cultural, and political spheres
of society. This has led to the development of a new culture in which
individuals enjoy freedom of expression, dissent and criticism without
any fear or restriction. The following examples may suffice to explain
to what extent this essential human right was observed in earlier
Muslim societies.
Once the Caliph Umar came to a well of the Banu Harithah where
he met an outspoken person named Muhammad ibn Maslama. “How
do you find me?” he asked Muhammad, “By God, I find you just as I
would like you to be and just as it would please any well-wisher to see
you. You are good at accumulating money, I see, but you keep your
hands clean of it yourself, distributing it equitably to others.” “But,”
went on Muhammad ibn Maslama, “If you adopt a crooked course, we
will straighten you, just as we straighten swords by placing them in a
vice.” At these aggressively critical words, Umar, the second Muslim
Caliph, exclaimed:
Praise be to God, who has put me among a people who will
straighten me if I become crooked.
Kanz al-Ummal
When Muslims at Medina, with their increasing affluence, began to
settle huge dowers on their daughters, Umar, in his capacity as Caliph,
ordered that no one should demand or pay a dower that exceeded four
hundred dirhams, and that anything in excess of this amount would be
confiscated and deposited in the public treasury.
After the proclamation of this ordinance, when he came down from the
pulpit, a tall, flat-nosed old woman stood up and confidently said:
The Quran has set no restrictions on this matter: Umar has
no right to set an upper limit to the dowers.
She backed up her contention by reciting a relevant verse from
the Quran. Umar’s immediate reaction on hearing this was to say:
May God, forgive me, everyone knows better than Umar,
even this old lady.
Tirmidhi, Ahmad
With the advent of Islam in the seventh century, however, it was declared for the benefit of mankind that all greatness was the exclusive
prerogative of God, and that in the eyes of God, all human beings
were equal. The Prophet Muhammad declared not once, but on many
occasions that all were alike, all were brothers.
The Prophet not only stated the truth but also made it a reality by
bringing about a total revolution based on the idea of human equality.
On achieving political domination in Arabia, he was able to put this
theory into practice in his capacity as ruler of a state. In this way, Islam
put an end to discrimination between human beings on the basis of
race, colour, status, etc. People were assigned a high or low status
according to their moral worth.
