ISLAM AND HUMAN RIGHTS

A Function of Divine 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.

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’.

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.

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.

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.