Human Rights

The Human Rights in Islam and in the Srah of Prophet Muhammad
In the name of God

the Mercy-Giving, theMerciful!
ii
HUMAN RIGHTS IN ISLAM

AND
IN THE SRAH OF
PROPHET MUHAMMADe
Edited by:
Professor Ali Muhammad Naqvi
iii
Office of the Cultural Counsellor

Islamic Republic of Iran
New Delhi
HUMAN RIGHTS IN ISLAM

AND
IN THE SRAH OF PROPHET MUHAMMADe
Edited by: Professor Syed Ali Mohammad Naqvi
Project Manager: Majid Ahmadi

Designing of the cover page: Aisha Fozia
Published by:
Iran Culture House
18, Tilak Marg, New Delhi-110001
Tel.: 23383232-4, Fax: 23387547
newdelhi@icro.ir
http://newdelhi.icro.ir
First Edition: New Delhi, 2008
ISBN: 978-964-439-323-5
All Rights Reserved
Alhoda
International Publishers & Distributors
Printed at: Alpha Art, Noida (U.P.)
iv
CONTENTS
Preface ........................................................................... ix
* Dr. Karim Najafi
Introduction ...................................................................... xi
* Dr. Abdul Hamid Ziaei
PART ONE
THE HUMAN RIGHTS IN ISLAM
Human Rights in Islam : From Ahlul-Bayts
Perspective ........................................................................ 2
* Ambassador Dr. Ali Reza Deihim.
Human Rights and Social Spirituality .............................. 90
* Swami Agnivesh
Islam and the Human Rights ............................................ 98
* Professor Muhammad Rafique
The Human Rights in Islam ........................................... 117
* Professor Saud Alam Qasmi
* Dr. Ali Nadeem
vi
A Comparative Study of the Islamic and Western

Perspective of Human Rights ......................................... 151
* Raza Abbas Uloomi
The Human Rights in Islam and their Source ................. 162
* Syed Ali Mehdi
* Dr (Ms.) Qaisar Habeeb Hashmi
The Human Rights in the Holy Quran .......................... 182
* Ali Momini Rad
PART TWO
THE HUMAN RIGHTS
AND THE SIRAH OF PROPHET
MUHAMMAD[PBUH]
Human Rights and
The Sira of Holy Prophet Muhammad (e)..................... 194
* Dr Ahsanullah Fahad
Holy Prophets Behaviour with the Oppressed People ... 206
* Khusro Qasim
The Freedom as Human Rights in Hahjul Balagha ......... 214
* Dr. S. Latif Husain Kazmi
Imam Husains Sirah at Karbala and the Human Rights .. 238
* Syed Hasnain Imam
vii
PART THREE
HUMAN AND SUFIS
Human Rights in the Thought of Muslim Mystics: A Case
Study of Sufis of India ................................................. 250
* Professor S. M.Azizuddin Husain
Sufism and Human Rights ............................................. 255
* Dr Sanaullah Mir
Tasawwuf and Humanism ............................................. 267
* Dr. (Ms.) Sameena Hasan
PART FOUR
HUMAN RIGHTS:
RELATED ISSUES
Islamic Approach to Slavery .......................................... 275
* Professor Abdul Ali
The Rights of Non-Muslims in Islam. ............................ 290
* Dr Abdul Hameed Fazli
Gender Justice, Islam and Human Rights ....................... 294
* Professor Salim Akhtar
Rights of Women in the Holy Quran and the Traditions ... 298
* Ms. Humera Khatoon
viii
ix
PREFACE
Humanity has been suffering with a number of diverse

indignities including disintegration of its free will and
confiscation of human freedoms. It has been experiencing
the tyrannies of the tyrants and oppression, resulting in
blood bath and massacres of thousands and also the
subjugation. To relieve humanity of all scourage and
indigation, and bestow human dignity and protect it from
all evils, the heavenly religion, delivered by the great
Prophets of Divinity, as Abraham, Moses, Jesus and the
last holy Prophet of Islam, Mohammed (P.B.U.H.), led
humanity to the righteous path.
As a result of world wars, there arose a great demand for
peace and the right of humanity to live in freedom, dignity
and peace which was expressed in a call for establishing a
Charter for Peace and Human Rights. This outcry was a
true expression of the humanity's long and bitter sufferings
experienced through centuries of torment. Thus, the
Universal Declaration of Human Rights came into
existence in 1948; though Islam was the first to give man
his civilized values and pioneer human rights. The stress on
man's rights and duties is quite clearly embodied in the
enduring constitution of Islam, the Glorious Quran and in
the Sunnah of the Holy Prophet, Mohammed (P.B.U.H.).
Keeping in view the significance of the Human Rights, it is

indeed appreciable that a National Seminar on Human
Rights in Islam and in the Sirah of the Holy Prophet
Mohammad (P.B.U.H.) was organized in collaboration
with the Aligarh Muslim University, Aligarh, an esteemed
institution of learning in which prominent scholars,
distinguished professors, legal luminaries and ulemas
participated and expressed their valuable views.
For this valuable volume, containing the Papers, presented
at the Seminar, I place on record my appreciation of the
fruitful efforts made by Mr. Jalal Tamleh, former Director
of the Iran Culture House. I earnestly hope that this book
will be of immense benefit to the readers.
Dr. Karim Najafi

Cultural Counsellor
Embassy of I.R. Iran
New Delhi 110 001
xi
INTRODUCTION
It is in the last decade that the demand for Human Rights
has become a great force in the world. Human Rights are
literally the rights that one has as a human being. This
seems a simple idea but it has profound implications.
Human Rights, as they rest on being human, are universal,
equal and inalienable. All human beings, irrespective of
race, religion, caste or culture, hold them. Human Rights,
in this sense, have become a very important and potent
concept. Human Rights that every person has on the State
and the society, provide a framework for political
organizations and legitimacy of the governments. The
concept is used and misused, as all sacred concepts have
been. But the idea of Human Rights is a noble idea.
Contrary to the popular belief, the idea and struggle for
universal Human Rights is not a modern one. In spite of the
claim that Human Rights is a Western concept or ideology,
the fact remains that it is Islam that advocated and
implemented the Human Rights viz., universal equality and
women's rights. Islam is the first to preach the principle of
sanctity of human life and honour, equality of man, and
right to freedom. These are bases of the Human Rights
concept. Islam does not limit Human Rights to political
and legal standards alone, as the Western concept does. It
advocates Human Rights as part of a complete way of life.
Human Rights in Islam are inextricable, and Islam, in
xii
return, requires that Human Rights be acknowledged and

respected by all the believers.
Another basic difference is that in Islam the Rights of man
flow from the belief in God, and not by negating God. The
right of the Divine results in affirmation of Human Rights,
not in negation of them. 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, could 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 whenever they like. In Islam, God
has conferred Human Rights, no legislative assembly in the
world or any government on earth, has the right or
authority to make any amendment or change in the
conferred rights. No one has the right to abrogate them or
withdraw them.
Prophet Muhammads life and Srah permeates with
concern for human beings. By studying his lofty character
and life, we can learn valuable lessons. Allah, the most
Glorious, enjoins upon us to take the Prophet's behaviour
as an example, because he guides us to virtue and
righteousness: Certainly you have in the Messenger of
Allah an excellent exemplar for him who hopes in Allah
and the latter day and remembers Allah much." 1
The Holy Qur'an, 33:21
xiii
Prophet Muhammad (e) was a champion of the Human

Rights. In Islam, Prophet Muhammad (e) is the finest
example of a perfect man in every sense of the term. He
was a paragon of virtue and is the best exemplar for the
human race. His Srah is a model for all Muslims. Our
society could never be an Islamic one unless we sincerely
tread the footsteps of Allah's final Messenger to mankind,
heed his sayings, observe his glorious actions and attitudes,
and most important of all follow them".
Due to the importance of the topic of Human Rights in our
age, and due to the fact that the different dimensions of the
Islamic approach to the issue of Human Rights are of much
interest to the world Community at the present juncture, the
Culture House of the Islamic Republic of Iran, New Delhi,
decided to organize an Academic Seminar at Aligarh in
collaboration with the Aligarh Muslim University which is
a great center of learning. We are grateful that Mr. Naseem
Ahmad, the former Vice Chancellor of the University,
extended full co-operation to us. Professor Syed Ali
Mohammad Naqvi, a noted scholar, and Professor Azarmi
Dukht Safavi, the former Chairperson, Department of
Persian and Director of Persian Research Centre, were
entrusted to organize this Seminar. We extend our
appreciation and thanks to them that they organized the
Seminar in a professional manner and made it a success.
Notable personalities and legal luminaries like Dr. Deihim,
Justice Haider Raza Abbas, Justice Qureshi, Dr. Abdul Haq
Ansari, the former Amr of Jamat-e-Islami, Mr. Ahmad
Rashid Sherwani, the Member of Minorities Commission
of India and Mr. Mukhtar Anees, former Member of
Parliament and a prominent social personality, and others
attended the Seminar. But the Seminar was a success
mainly due to the presence of prominent scholars,
distinguished professors and Ulama, who came from
xiv
Aligarh Muslim University and different other cities to

attend the Seminar.
We decided to publish a book on the topic, consisting of
the Papers presented at the Seminar and other relevant
contributions from a number of scholars. Our aim is that
the book should become a comprehensive and scholarly
work on the subject, and not merely the collection of the
Papers. Therefore, some other contributions on the subject
are also included. The views expressed by the authors, are
of their own. It is not necessary that they coincide with the
views of the Culture House of the Islamic Republic of Iran.
We hope that this book will benefit the scholars,
researchers and the students alike. In the end I want to
thank Mr. Jalal Tamleh the former Director of Iran Culture
House for his kind cooperation.
Dr. Abdul Hamid Ziaei
Director
Iran Culture House
New Delhi
PART ONE
HUMAN RIGHTS
IN ISLAM
HUMAN RIGHTS IN ISLAM:

Ahlul-Bayts Perspective
Dr. Ali Reza Deihim

PART ONE
HUMAN RIGHTS IN ISLAM: IMAM ALI AND
IMAM ZEIN AL-ABEIDINS VIEWPOINTS:
As Prof. Brownlie has stated, Human Rights is a broad
area of concern and the political subject matter. It ranges
from the questions of torture and fair trial to the so-called
Third-Generation rights, which includes the right to
economic development and the right to health.1 This
article, however, has been limited to analyze the civil law
from the Islamic perspective.
A. THE ROLE OF PHILOSOPHICAL APPRAISAL
(SECULARISM Vs. RELIGION)
By taking up the issue of Human Rights in Islam, one may
ask what are the reasons and grounds for that. Secondly,
one should have a clear idea about the definition of rights
and their nature and the status of human beings in Islam.
1
Ian Brownlie, Principles of Public International Law, (Oxford, 2004,

6th Ed.,) p. 529.
Thirdly, one needs to know what objectives, by the term

Human Rights, Islam is trying to achieve. While finding
answers to these questions, we come across with the
philosophical approaches. Needless to say that the answers,
to some extent, would differ in secular and religious
perspectives. Even the religious perceptions, based upon
different denominations, would vary; though we cannot
claim that the secular viewpoint is absolutely homogenous.
Nonetheless, the secular doctrine has achieved to codify its
views in terms of criterions, standards, rules and norms.1
These should be studied in the backdrop of Islam. By doing
this, we intend to explore the common grounds, sharing the
same viewpoints, even to the extent possible,
complementing each other, removing the existing barriers,
misunderstandings and misconceptions. This could be
definitely achieved through constructive dialogue and
excluding clashes.
As regards the impact of these two approaches, namely
secular approach and religious perspective, one can briefly
state that the secular philosophical viewpoint towards
Human Rights is influenced by pragmatism, seeking safety
and security of human beings in this material world; while
the religious outlook is an idealistic one, seeking the
salvation of human beings in this materialistic and spiritual
world and the Hereafter.
Another important and determining factor pertains to
different sources of Human Rights. As far as Human
Rights from secular approach is concerned, the sources are:
1
Human Rights are universal legally binding guarantees consisting of

values, norms, principles or standards, requiring respect for
fundamental freedoms or human dignity and protecting individuals or
groups against any violations or abuse of those guarantees.
Conventions/Treaties, International Customary Law,

General Principles of Law and the Jurists Opinions.1
While there is no clear hierarchy of sources in the secular
approach, in Islam, the primary and most viable source on
Human Rights is the Holy Quran, namely Gods
revelation. The second source, after the Holy Quran, is the
Prophets words and deeds, as well as his tacit approvals,
referred to as Sunnah.
Although the common features, which these two schools of
thought share, are more than their differences. However,
the differences occur in the sources and in some aspects of
Human Rights issues wherein there are different
perceptions, e. g., the right to life in the context of abortion
or suicide.
In Islam, the life is a gift or deposit granted by the
Almighty and the man cannot decide upon it exclusively
according to his discretion. Therefore, in Islam, one who
commits suicide deprives himself (or herself) from the
inheritance, regardless of receiving punishment Hereafter.
On the other hand, according to the individualism,
1
Article 38 of the Statute of the International Court of Justice provides

that:
(1) The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
(a) International Conventions, whether general or particular,
establishing rules expressly recognized by the contesting States;
(b) International Custom, as evidence of a general practice, and
accepted as law;
(c) The general principles of law recognized by civilized nations;
(d) subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various nations,
as subsidiary means for the determination of rules of law.
(2) This provision shall not prejudice the power of the Court to decide
a case ex aequo et bono, if the parties agree thereto.
emanating from the secular perspective, the human being is

his own master. Based upon this view, one could draw the
conclusion that the decision as regards abortion or suicide
rests exclusively and solely on personal discretion,
negating any criminal punishment or any civil liability.
Another example is having sexual intercourse, not within
the matrimonial bonds, without force, compulsion or
deceit, and conducted upon mutual consent. This is not
considered to be an offence under the secular approach as
one is master of ones body. While in Islam, this relation
constitutes a criminal offence. The reason for this could be
traced in the explanation of Imam Zein al-Abedin, who
believes that all movements and actions are surrounded by
divine rights and that it is incumbent on man to fulfill
them. He says: The most important right of God is the
rights that God has set for Himself. The right, which is the
origin of all rights, originates from it, from head to toe.1
Imam Zein al-Abedin described the activities attributed to
seven parts of the human body,2 one of them being his
sexual organ and provides that although an individual has a
right upon these body parts, these body parts in turn also
have rights upon him; thereby forbiding any wrong use of
them.
With respect to the third source, viz., the wisdom and
consensus among the religious jurists, there are common
1
Hujjat al-Islam Muhammad Javad Hujjati Kirmani, Survey of the

Similarities and Differences of Human Rights in Islam and in the
West, in Islamic Views on Human Rights: Viewpoints of Iranian
Scholars, Organization of Islamic Culture and Communications,
Directorate of Research and Education, Center for CulturalInternational Studies, (Alhoda Publishers, Tehran, 2001), p.106.
2
Seven parts of the body, viz. tongue, eyes, ears, hands, legs, abdomen
(stomach) and sexual organ.
denominators. This manifests itself by the fact that

revelation and prophecy are the peaks of human wisdom,
and only suit those who have exalted spirit and superior
wisdom. This is why our scholars regard the Holy Prophet,
(peace and blessing of Allah be upon him), endowed with
Absolute Wisdom.1 Although Islam, by viewing human
wisdom and conscience as Gods most exalted creation
upon which every recompense or award would be
measured, the Prophet, by instructing that what is decided
by wisdom, is decided by religion, has laid a very strong
common foundation.2 However, its authenticity as well as
its enforceability is subject to its consistency with Gods
revelation and the established Sunnah.
B. THE SOURCES OF HUMAN RIGHTS IN ISLAM
Hujjat al-Islam Muhammad Javad Hujjati Kirmani, supra n. 6, p.100.

One can easily confirm that the common basis and perspectives are
far more than, mere differences. One example could be found in what
has been stated before, namely, the Holy Quran and the Prophet as
well as human wisdom, which has come to the same conclusion that
the humanity as a whole constitutes one family. This has been best
expressed by the famous Persian poet Sadi in 14th Century A. D.,
when he says:
The sons of Adam are the limbs of each other
Having been created of one essence
When the calamity of time afflicts one limb,
The other limbs cannot remain at rest
If thou has no sympathy for others
Thou are unworthy to be called by the name of a man.
2
Also at another place, he says:

I am joyous of the world
as the world is His creation.
I fell in love with all the creation
as they are all coming from Him.
The sources of Human Rights in Islam are the sources of

the Islamic Sharia. There are four primary sources:
1) The Holy Quran
2) The Sunnah
3) Consensus
4) Juristic Reasoning
The First Source: The Holy Quran

The Holy Quran is the principal source from which all
other sources are derived. The Holy Quran addresses the
following:
a. The call for a virtuous humane life without any
discrimination in duties and rights or discrimination
of race or ethnic origin.
b. The call for goodness and the containment of evil.
c. The command of good, prescribed and dictated by the
Islamic Sharia.
d. The prohibition of evil that is denounced and
condemned by Sharia.
e. The call for peace among people and nations, unless
they wage war against Muslims or attempt to displace
Muslims from their homeland. This point has been
strongly emphasized in the Holy Quran; thus we
read: O you who believe! Enter into Islam wholeheartedly; and follow not the footsteps of the
Satan1 Islam has also adopted announcing of the
word peace as a term for greeting among people;
the same word is also used to terminate each prayer,
peace be upon you, the Prophet of Islam; peace be
upon us and all who practise righteousness and peace
Quran 2:208.
be upon you. Even God has described the Paradise as

the home of peace.1
The Second Source: The Sunnah

The second source of Islamic Sharia and Human Rights is
the Sunnah. As it is known, by the Sunnah, we mean the
lawgiving statements, actions or tacit approvals of the Holy
Prophet. 2
According to scholars of hadith, Sunnah means everything
that is attributed to the Holy Prophet including verbal
statements, practices, approvals, and physical description,
and character. Sunnah, however, to the scholars means
legal sources, everything that is attributed to the Prophet3
except physical description and character, if it is proven to
be authentic and correct.
In the early 11 years after the hijirah (632 A.D.), the Holy
Prophet sent the army close to (now) Syria and Palestine,
which at that time was under the rule of the Roman
Empire. The Holy Prophet gave the command of the army
to a very young person, Osama bin Zaid*. This instigated
criticism by the adversaries of the Holy Prophet and they
ridiculed that the Prophet made a slave/servant the
commander of the army and ordered all the high tribal
dignitaries from Mecca and Madina to engage themselves
in battle under his command. The Holy Prophet reacting to
1
Quran 6:127.
The other branch of Islam interprets Sunnah to include the practices
(deeds) of or the practices impliedly consented to by the Prophet or one
of the 12 Imams (the descendents of Fatimah, the daughter of the Holy
Prophet).
3
Ibid.
*
He was the son of Zaid, who was a slave of the Prophet and was
liberated by him and later accepted as his adopted son.
2
this criticism by the adversaries, said that the ridicules

which are made by them against the commandment of
Osama, are the same as they made against his father when
he was conferred such commandment. The Holy Prophet
further said that he is capable of undertaking such
commandment as his father was, and gave the instruction
that all dignitaries, inter alia who migrated from Mecca to
Madina (mohajirun), to accompany him, including Abu
Bakr* and Umar*. Later the Holy Prophet became ill and
passed away after a short span.1
From the Holy Prophets deeds, (peace and blessing of
Allah be upon him), like that of appointing a liberated slave
as the Commander-in-Chief of army and subjecting high
tribal dignitaries of Mecca and Madina to accompany him
in the battle, emerges a sunnah in Islam that there is no
distinction based on social status and the main criterion is
merit of an individual.
Additionally, one of the evidences of Sunnah can be found
in the full freedom allowed by Islam to the people. For
instance, many persons belonging to the Hijaz and Iraq
went away and joined Muawiya, but Imam Ali* did not
stop them, nor did he consider it necessary to keep them
under observation. They were free men in his eyes and
were free to adopt any course they liked. If a person chose
the right path, it was well and good, but if he decided
otherwise, the path to Damascus was open for him and
Muawiya was awaiting such a person with his treasures.
*
The first Caliph.

The second Caliph.
1
Ibnul Asir, Alkhamil Fit Ttareekh, Vol.II, (Beirut, Lebonan, 1989), p.
5.
*
Martyred in 662 A.D.
*
10
Hence, when Sehl bin Hanif Ansari, the Governor of

Madina, informed him that some persons had gone over to
Muawiya, he wrote to him in reply: I understand that
some of the persons belonging to your area are secretly
joining Muawiya. You need not worry at all about the
number of people who have left, and the support, which
has been lost. It is sufficient for their going astray and your
being relieved of worry and sorrow that they are running
away from truth and guidance towards ignorance and
perversion. They are worldly people who are inclining
towards the world and running to it. They recognized, saw,
heard and learnt justice. They have understood very well
that here all are treated to be equal in the matter of rights
and are, therefore, running away towards the place where
discrimination is practiced. By God! They have not run
away from injustice and have not joined justice, and we
hope that God will make easy every difficulty which is
involved in this matter, and will make the stony land level
for us.1
An important aspect of Sunnah as reflected in Imam Alis
treatment of the Kharijites,2 is the complete freedom of
thought, expression and association of people. Imam Ali
behaved kindly towards the Kharijites of the second
category and did not permit his companions to contend
with them. He also gave these Kharijites pensions as much
George Jordac, The Voice of Human Justice, (translated by M. Fazal

Haq), Ansariyan Publications, Qum, Iran, 1990, p. 140.
2
One group of the Kharijites was that which had rebelled openly most
of whom were put to sword in the Battle of Nahrawan. However, there
were others who held beliefs common with the Kharijites but they
considered it expedient not to rebel, and were mixed up with the people
of Kufa.
11
as to the Muslims and had allowed them to go freely

wherever they liked.
The Third Source: Consensus

Consensus is the third source of Sharia and Human Rights.
Consensus can be defined as the unanimous opinion or
judgment proclaimed by the Sharia scholars at a given
time, based on the light of the general rules of the Holy
Quran or the Sunnah and their detailed implementations.1
The Fourth Source: Juristic Reasoning

Juristic reasoning is the fourth source of Sharia and
Human Rights. It is the individual judgment proclaimed by
Muslim scholars at different places and times, based on the
light of the general rules of the Holy Quran, the Sunnah
and consensus including the details and practical
application provided therein. Thus, reasoning is an opinion
that has not gained consensus; otherwise, if unanimously
agreed upon, it will be a consensus.
If there is an issue that has not been mentioned directly in
the Holy Quran, the Sunnah, or Consensus, a legal
reasoning can be established on such issue. The Holy
Quran and the Sunnah have acknowledged reasoning as
another source for Islamic legislation.
The reasoning is influenced by an important factor of time
and space. In the words of Dr. Muhammad Khatami:
1
Symposium between Eminent Saudi Muslim Scholars and Western

European Jurists about Islamic Sharia and Human Rights. 7/2/1392,
Beirut, Dar al Kitab al Lubnani, 1973, p. 63. (as quoted in Sulieman
Abdul Rahman al Hageel, Human Rights in Islam (and refutations of
the misconceived allegations associated with these rights), sponsored
by HRH Prince Sultan Ibn Abdul-Aziz al-Saud, 2001).
12
It is true that inspiration lies beyond time and space,

however, we exist in time and space. Our understanding,
therefore, belongs to the realm of time and space. Thus, our
understanding of the Book of Creation and Divine Laws is
also limited to time and space.
If we Muslims wish to have a better future and build a
prosperous life for ourselves and a model for humanity that
is proportional to the Greatness of God and the Message of
the Holy Prophet, we must rely on Gods great blessing
Reason.
Religion without freedom is tantamount to a life of
enslavement, a life in which man is devoid of honor.
Religion must not be wrongly set against reason and
freedom. Rather, religion is a cradle and support for the
growth of reason, freedom and liberality. Gods religion
has taught us this lesson.1
There are some rules, regulations, laws, norms or principles
related to Human Rights which are supported by or
originated from reason. This source has been referred to by
the secular and non-secular schools of Human Rights with
different nomenclature. Given an example, Diplomatic or
Consular Convention, which in some parts deals with the
rights of the citizens of the Sender State,2 expresses clearly
1
Seyed Muhammad Khatami, supra n.1, pp. 3-5.

See Germanys complaint to the ICJ or Mexico Vs. USA, asking for
ruling on the rights of their citizens, as USA is, since 1969, a party to
the Vienna Convention of 1963 and its Optional Protocol. There are
122 foreign citizens from 31 countries on death row in the United
States, in 14 States and in the Federal System, according to Human
Rights Research. Almost half are from Mexico. The issue has been an
ongoing source of tension between Mexico and the United States, and
13
in January, 2003, Mexico took its case to the ICJ. Three Mexicans had
been executed since 2000. In all the three cases, the Vienna Convention
was violated, Mexico argues.
52 Mexican citizens in eight States received convictions and death
sentences, which have been challenged by Mexico in the ICJ. Mexico
argued that United States violated a Treaty guaranteeing that foreigners
arrested in this country, have access to representatives of their
government. The Court ordered the United States last February not to
kill Mr. Torres and two compatriots, at least until it issues its final
ruling, which is expected to come in the Spring. Mexico is seeking to
void all 52 convictions and death sentences, contending that its citizens
were denied the right to meet promptly with Mexican diplomats. The
defendants should be retried, Mexico says, with statements obtained
before such meetings, excluded. Mexico also asked the Court to require
that the United States honor these so-called consular rights in the
future, perhaps by rewriting the standard Miranda warning given
suspects before they are questioned by the police. The convention
requires that arrested foreigners be told of their right to speak with
consular officials. If they do, local officers must contact the appropriate
Consulate. Both actions, the convention says, must be taken without
delay. Mexico further contends that these obligations are often
ignored in the United States, and that Mexican officials frequently
learn of arrests of Mexican citizens only years later, and only by
happenstance. (Source: Adam Limptak, Mexico asks Hague to Rule
on Rights of its Citizens, The New York Times, January 16, 2004.)
Also see, the special protection given by international law or certain
domestic jurisdictions as regards the detainees, in particular, the
detainees in Guantanamo Bay, as illegal enemy combatants. The Bush
Administration has argued that 660 detainees at Guantanamo are not
only illegal enemy combatants who are not entitled to protections of
international law, but that they are also not entitled to United States
constitutional protections because the naval base, on the southeastern
tip of Cuba, is not on United States territory. As such, the government
says, the prisoners may not petition the civilian courts for any relief
like filing habeas corpus petitions in which people under arrest,
challenge their detentions before the federal judges. The counter
argument was that the exercise of executive power without possibility
of judicial review, jeopardizes the keystone of our existence as nations,
namely the rule of law. (Source: Neil A. Lewis, Bushs Power to
14
the reason, that is to ensure the efficient performance of

the functions of the diplomatic missions1 or consular
posts.2 In Islamic literature, this source has been
occasionally called, exigencies of the Islamic regime
(ummah), analogy or anavine-Thanaviye (Secondary
Titles).
C. THE POSITION OF HUMANKIND IN ISLAM
First the Mans relationship towards God

Man is Valuable and Worthy. The Holy Quran regards
man as the one endowed with dignity. We have honoured
the children of Adam.3 This dignity is of a theoretical
value, which may find a practical aspect.
Mans dignity shows that he has advantages. In other
words, mans dignity implies that he has sublime traits. By
virtue of the same reason, after the creation of this great
essence, God addressed Iblis (Satan), thus: Why did you
not bow down before what I created with my own hands?4
This statement, namely the creation of Adam by Gods
hands, shows that man is in essence valuable and worthy,
for this statement is used when we regard especial respect
for something. This explanation elucidates that God has no
physical body or hand, but the idea is that all divine
essence has played a part in the creation of Adam; hence,
Plan Trial of Detainees is Challenged, The New York Times, January
16, 2004.)
1
Vienna Convention on Diplomatic Relations, 1961.
2
Vienna Convention on Consular Relations, 1963.
3
Sura of The Night Journey, Verse 70.
4
Sura of Sad, Verse 75.
15
man can be the manifestation of all divine qualities and

consequently, Gods vicegerent on earth.
According to the Islamic doctrine, human being is Gods
Vicegerent. This is considered to be the existing relation
between God and human beings. Islams perspective
towards man is a fundamental principle of Islam itself.
From it all his duties and rights derive. Allah says in the
Holy Quran, Behold, your Lord said to the angels, We
will create a vicegerent on earth.1 Allah highlights the
exalted human status among all other Gods creation by
ordering the angels to bow down to man: And behold, We
said to the angels, Bow down to Adam. And they bowed
down; but not so Iblis, he refused and was haughty.2
Allah has chosen man as His Vicegerent on earth so that
humans may become responsible agents3, and slaves of the
Most Gracious, whom Allah describes [in these words]:
And the slaves of (Allah) the Most Gracious are those
who walk on the earth in humility and when the ignorant
address them, they say, Peace!
Allah the Almighty has honoured man and asked him to
worship Him alone and not to bow down to any one but
Him. Allah Almighty says: Say: Verily, my prayer and
my service of sacrifice, my life and my death, are all for
Allah, the Cherisher of the worlds.
Quran 2:30
Quran 20:116
3
Symposium between Eminent Saudi Muslim Scholars and West
European Jurists about Islamic Sharia and Human Rights, op. at.,
supra n. 17.
2
16
Imam Ali perceives that a Gnostic (arif)* is one who

worships God through knowledge and because of love for
Him, not in hope of reward or fear of punishment. The
gnostic divine attraction (jadhbah) draws the attention of
the God-centered man toward the transcendent world and
awakens the love of God in his heart. In truth, it is the same
inner attraction that has brought into being the different
religions within the world, religions which are based on the
worship of God.1
Man is a God-seeking being: It is not such that man has
perfect relation to God but that the relation between Man
and God is like spiritual poverty and perfect need of Him;
O people! You are poor before God2
In this Verse, there are two realities: firstly, man does not
have an independent soul; secondly, his relationship is only
with God and he has no other relationship whatsoever.
Thus, any kind of formulating rights should correspond
with this God-seeking spirit. The set of rights for man
considering him an independent soul or considering him
independent of God, does not spring from a divine source.3
Man is eternal. From other sources in Islam, it is
understood that man is eternal, perceived both by reason
and by the holy sayings. The holy Quran regards that man
has an eternal soul who will step into another world after
*
A religious scholar.
Allamah Sayyid Muhammad Husayn Tabatabai, Shia, (translated by
Sayyid Husayn Nasr), p.112.
2
Sura of The Angles (35), Verse 15.
3
Ayatullah Abdullah Javadi Amuli, Sources of Human Rights in
Islamic Views on Human Rights: Viewpoints of Iranian Scholars, supra
n. 6, p. 2.
1
17
this world and will enjoy eternity there. According to

reason, man has an incorporal soul and that this soul is not
exposed to destruction.
All human beings long for a longer life and strive to live
longer. This implies that man innately seeks after eternity.
The Holy Quran holds that all cosmic order moves
towards God. This cosmic order goes towards resurrection
to testify what its travelers have done or complains of what
they have done to redeem them.1
According to
authoritative hadiths, this cosmos and all its parts complain
of, testify to or redeem deeds of man. 2
Man has Genetic Relationship with the Cosmos. Man
this eternal incorporeal essence that comes to meet the
Almighty, has inseparable relationship with the Cosmos.
Hence, nothing happens in man unless it affects his soul.
Any movement, speech and writing issuing from man,
affect his temperament; it begets either light or darkness.
Hence, all the issues including the legal principles are
associated with mans nature. With the acceptance of this
principle, it may no longer be concurred that man is free in
everything. Eating, dressing and the likes affect man.
Lawful (halal) food does not exercise the same effect that
unlawful (haram) food does. Truth does not have the same
effect that untruth does. All these have special functions.
For example, sin blackens the heart and removes purity
from it: What they have done, has blackened their
hearts.3
Ibid, pp.1-3.
Bihar al-Anvar, Vol.7, Chapter 16.
3
Surah of The Stinters (83), Verse 14.
2
18
Second, the Status of Human Beings vis--vis

each other: Equality
In his speech during the Farewell Pilgrimage, Prophet
Muhammad(e)* declared Human Rights when he said, O
mankind! Your Lord is one, and your father is one, you all
belong to Adam and Adam was made of clay. The best of
you in the sight of Allah is the one who is most righteous.
There is no superiority for an Arab over a non-Arab except
through righteousness.1
In his blessed speech, Prophet Muhammad(e), the
Messenger for all mankind, (peace and blessing of Allah be
upon him), summarized the position of Islam towards
Human Rights very clearly: People are equal in the shared
value of humanity. They are like the teeth of a comb in
terms of equality. There must be no preferences among
people except for piety on the basis of their good deeds as
well as what each of them accomplishes for his Lord,
himself, his nation and the human society.2
Allah says in the Holy Quran, O mankind! We created
you from a male and a female, and made you into nations
and tribes that you may know each other (not that you may
despise each other). Verily, the most honoured of you in
the sight of Allah is (who is) the most righteous of you.3
It is also stated in the Holy Quran: O mankind! We
*
Born in 570 A.D. and passed away in 632 A.D.

Sulieman Abdul Rahman al-Hageel, Human Rights in Islam (and
Refutations of the Misconceived Allegations Associated with these
Rights), (sponsored by HRH Prince Sultan Ibn Abdul Aziz al-Saud),
2001, p. 14.
2
Ibid.
3
Quran 49:13
1
19
created you from a single (pair) of a male and a female, and

made you into nations and tribes that you may know each
other (not that you may despise (each other). Verily, the
most honoured of you in the sight of Allah is (who is) the
most righteous of you1
Allah, the Almighty states in the Holy Quran, We have
honoured the sons of Adam; provided them with transport
and sea, given them for sustenance things good and pure;
and conferred on them special favours, above the great part
of our creation.2 Also Islam honoured man by prohibiting
degrading, disdaining, humiliating or calling him bad
names. Allah says: O you who believe! Let not some
men among you laugh at others; it may be that the (latter)
are better than the (former). Nor let some women laugh at
others. It may be that the (latter) are better than the former.
And do not defame, nor be sarcastic to each other by
(offensive) nicknames, seeming is a name connoting
wickedness, (to be used of one) after he has believed. And
those who do not desist are (indeed) doing wrong.3
Allah honoured man by prohibiting any wordings or acts
that affect mans dignity, viz., backbiting, calumny, spying
and the like. Allah scorns those who commit these sins and
any other acts or wordings that might touch mans honour
or dignity by saying: O you who believe! Avoid
suspicion, in some cases it is a sin; and spy not on each
other; nor speak ill of each other behind their backs, would
any of you like to eat the flesh of his dead brother? Nay,
you would abhor it. But fear Allah: Verily Allah is Oft
Returning, Most Merciful. O mankind! We created you
1
Quran 7:128
Quran 17:70
3
Quran 49:11
2
20
from a single (pair) of a male and female, and made you

into nations and tribes, that you may know each other (not
that you may despise each other). Verily, the most
honoured of you in the sight of Allah is (he who is) the
most righteous of you. And Allah has full knowledge and
is well acquainted (with all things).1 And Allah says:
Woe to every (kind of) scandal monger and backbiter. 2
Allah, the Almighty, addressing the Holy Prophet
Mohammed (peace and blessings of Allah be upon him),
hath stated: Obey not any mean, swearer, slanderer going
about with calumnies, (habitually) hindering (all) good,
transgressing beyond bounds, deep in sin.3 It is also
stated in the Holy Quran: And pursue not that of which
you have no knowledge; for surely the hearing, the sight,
and the heart, all of those shall be questioned.4
Third: The Status of Muslims vis--vis each

other
Islam conceives all of mankind as one single nation.
Although the message of Islam has been addressed to all of
mankind, but it is professed (that) The believers are but a
single brotherhood.5 The Prophet said: A Muslim is the
brother of the Muslim, he shall not allow him to be
aggrieved or release him to his enemies.6 He also said:
The example of the Muslims in their mutual love and
compassion is like the example of the body: when a single
organ is impaired all other organs of the body will likewise
Quran 49:12-13
Quran 104:1
3
Quran 68:10-12
4
Quran 17:36
5
Quran 21:92
6
Sulieman Abdul Rahman Al Hageel, supra n.33, p.29.
2
21
sustain fever and sleeplessness.1

Further, elaborating the relation between Muslims vis--vis
each other and vis--vis non-Muslims, Islam instructed
Maqal son of Qais as under: O Maqal! Fear God. Dont
be unjust to the Muslims and dont oppress the Zimmis*.
Dont be proud, because God doesnt like the proud.2
A manifestation of Sunnah may be found when Sufyan son
of Auf Asadi, a Commander of Muawiyas army invaded
the city of Anbar. Three principles emerge from this
historical incident, namely that it is the duty of the nation
to protect the religious minority, viz., Zimmis; that it is not
only the duty of the nation but also of all the Islamic
societies to provide such protection; and lastly, as provided
under the International Humanitarian Law,3 during the time
of armed conflicts, atrocities shall not be committed against
the civilians. This was manifested in the course of Caliph
Alis speech, wherein he said:
I have received
information that a member of this group entered the houses
of Muslims and Zimmi women and removed the anklets
from their feet and the bangles from their hands as well as
the necklace and earrings which they were wearing, and
they had no means of protection except that they should
say: We are from God and we have to return to Him and
remain patient Now, if a Muslim dies of sorrow on
account of these tragedies he cannot be blamed for it. In
my opinion it ought to be so.4
1
Ibid.
Zimmis refers to the followers of the holy Scriptures, namely Jews,
Christians and Zoroastrians (the old Persian religion).
2
George Jordac, supra n.15, pp. 185-186.
3
The four Geneva Conventions of 1949, in particular the third Geneva
Convention on Civilians, and the two Additional Protocols of 1977.
4
*
22
With regard to relation of Muslim vis--vis non-Muslim,

the following sentence also appeared in the pact which
Imam Ali concluded with the Christians of Najran: They
will not be subjected to injustice and oppression, nor will
any of their rights be reduced.1
DEFINITION OF RIGHTS IN ISLAM
One of the Sermons of Imam Ali manifests a definition of
rights and speaks about the rights and duties of persons
towards God, towards oneself and towards others. With
respect to rights and duties of persons towards God, he
provides that an individual is considered as a Vicegerent of
God. Thus, the humankind is Gods Vicegerent, not Adam
alone.2 On the other hand, as Gods vicegerent, every man
is entrusted with Gods rights, such as performance of
Salat, and fasting. With respect to the duties towards
God, Imam Ali provides that the Almighty while
conferring certain rights, has assigned for man certain
responsibilities also. These rights and responsibilities
stemming from a divine source may not contrast each
other. Thus, religious obligations, that is, the obligatory
and the prohibited, have priority over mans will, and
humane rights including the individual and the collective
ones, are of secondary importance.3
Last but not the least, being Gods vicegerent indicates
inter alia the rights and duties of human being towards
1
Ibid.
For further information see Allamah Tabatabais Al-Mizan Fi Tafsir
al-Quran, Quran 2:30.
3
Hujjat al-Islam Muhsin Kadivar, Political Rights of People in Islam
in Islamic Views on Human Rights: Viewpoints of Iranian Scholars,
supra n. 6, pp. 110 -111.
2
23
himself and all others, e.g. every man as Gods vicegerent

shall have the right to take part in determining his political
destiny. Thus, leadership is particular to everyone.1 This
has been confirmed by the Holy Prophet that kollohom
Rae, va kollohom masulun an Raiyateh, meaning you are
all shepherds and you are all responsible before the fellow
subordinates.
Further, Imam Ali perceives that right is the broadest affair
in description, and the rarest affair in moment of action and
justice. As regards the rights and duties towards others, he
refers to the balance struck between rights and duties,
where he underlines that no one has right towards others,
unless others have rights towards them; and others have no
rights towards those others unless they have rights towards
them. Also, if someone has rights towards anyone, the
rights are particular to the Almighty God. So the Almighty
God has proclaimed necessary some rights towards some
people and proclaimed them equal as compared to some
others and has proclaimed some of them incumbent as
compared to others.2
The reference area to peoples rights is the area of the
permissible and in this area, which is often called Mantaqat
al-Faragh3 (The Area of Separation), man is free to make
decisions and, of course, he is responsible for his decisions.
Mantaqat al-Faragh is not a small plane but an extensive
1
For further information see Kazim Husayni Hairi, Walayat al-Amr fi

Asr al-ghaybat, pp.175-178. Also see Hujjat al-Islam Muhsin Kadivar,
supra n. 51, pp. 116-117.
2
Nahj al-Balaghah, Sermon 34, infra n.62, pp.332&333, also ibid
sermon 34, p. 79. Ibid, letter 50, p.424.
3
For further information see Muhammad Baqir Sadr, Iqtisadina,
Mantaqat al-Faraq fi al-Tashir al-Iqtisadi, (Beirut, al-Tab at alSadisat Asharat, 1981, p. 400.
24
one. The political rights of people become manifested in

this place.1 He who abandons the right of God and he who
violates them, shall be forgiven by an act of repentance; but
he who violates the rights of people, ought to repent and
ask forgiveness from the people.2
Additionally, the basic perception of Imam Zein alAbedins3 treatise is that in Islam although individuals have
rights vis--vis the universe and all other existing subjects
and objects created by God, these subjects, and objects in
turn inherit right over the individuals. Thus, rights
conferred under Islam to individuals, are mutual rights. In
other words, when an individual has right against others,
reciprocally others have rights against that individual. This
reciprocity of rights gives rise to duties that are incumbent
upon the individuals. Therefore, every right of an
individual has three dimensions: first, his right to others;
second, the reciprocal rights of others over the individual;
and third, the duties emerging there from.
Imam Zein-al-Abedin describes the life in this universe as a
complex of rights and obligations. Nothing in this world
could escape from this reality. He defines all the rights and
obligations as Gods prescription. Therefore, Imam looks at
Human Rights from the natural or divine law approach. By
explaining these points, he indicates that:
God has right upon you and that concerns every movement
1
Hujjat al-Islam Muhsin Kadivar, supra n. 51, p. 111.

For further information see Thaqat al-Islam Kulaini, Al-Kafi, Kitab
al-Imam wal-Kufr, Vol. 2, Bab al-Zulm, Hadith 2, p. 331.
3
Treaties on Rights, Zein al-Abedin, (born in 659 A.D. and passed
away in 713 A.D.), see Tohafotal Oghul (written in 12th century
A.D.), for Spanish translation see, El. Tratado de los Derechos,
published in Mexico, Junio 1977, (editor, Dr. Alireza Deihim).
2
25
of yours which you conduct even if you take rest, or a place

you enter, or every part of your body which you have and
upon every instrument which is at your disposal. Some of
these rights are more important than the others.
The Imam explores the root of the rights in three main
categories:
i) Human beings relation towards God.
ii) Human beings relation towards himself.
iii) Human beings relation towards each other.
As regards the first category, the Imam explains:
The main right of God upon you is the right which God, the
Almighty, has declared obligatory upon you with regard to
Himself, and this is the root and origin of all other rights.
The reason for that is:
Then, follows the rights of your Lord upon you, Who
provides you with all subsistence, maintenance and
bounties.
This is Gods unilateral right, rather obligations upon His
creatures. Then there follows the Lords bounties, to
Whom you render your services. To conclude, God has
right upon human beings, which are the human beings
obligations. Also, human beings obligations and activities
have reciprocal rights upon human beings.
Gods rights upon human beings include performance of
prayers, observance of fasting and obligation of charity.
Explaining Gods these rights as activities, the Imam refers
to all of these, rights of human beings, by saying that:
26
He has ordained for your prayer which is His right upon

you, as well as your observance of fasting and obligation of
the charity is incumbent upon you. The presenting of gift to
anybody, invokes his/her right upon you.
As regards the second category, the Imam highlights the
following points:
Among the rights, which have been declared obligatory/
mandatory upon you and these concern your own
existence, are the ones which extend from your head to
your legs and all other organs.
God, the Almighty has given you the tongue which has
right upon you; He has given you the hearing which has
right upon you; He has bestowed upon you the vision
which has right upon; He has vested you with hands which
have right upon you; He has given you the legs which have
right upon you; He has given you stomach/abdomen which
has right upon you; and He has given you the sexual organ
which has right upon you.
To these seven aforementioned organs are activities
attributed and God, the Almighty, as regards these
activities, has prescribed upon you the rights and
obligations.
The third category is the rights of others upon each other.
In the light of the Imams words, these rights have been
declared mandatory by God, and the most obligatory rights
of the others upon you as prescribed by God, is your
obligations towards your leaders (or authorities). They are
followed with the rights of your citizens and subordinates
and then your kins (or familys) rights upon you. From
27
these rights other rights derived. The Leaders rights

against you, are of three types:
(i) who administers his authority upon you,
(ii) who educates you with knowledge, and
(iii) who supports you with property and financial
assistance; the one who accomplishes these
commitments is your leader (or administrator).
The rights of the citizens or subordinates are also of three
types:
(i)
most vital amongst them is the right of citizens/ ruled

upon the king,
(ii) thereafter, the rights of those who educate you as their
subordinate. The reason being that the ignorant is
considered subordinate to the learned; and
(iii) the rights of your family members accruing from the
marriage, such as the wives or through any other
bonds and ties, and the rights of persons who are your
blood-relations. The rights of persons related to you
through blood, are very extensive, and it depends upon
the proximity or closeness of those people to you as
blood-relations. Thus, the most mandatory of these
rights is the right of your mother upon you. This is
followed by the right of your father upon you; then
your childrens right upon you; then follows your
brothers right upon you. The one who is closer to
you, is closest to that right towards you, and who is
first to you, is first in his rights against you.
Within this category, there are other classes who have
rights. First are those who in some relation with you;
Second are the rights of all other people; and Third, the
28
rights of non-Muslims. In Imams prescriptions:

Then, follows the right of everybody who makes you any
favours, and then follows the right of the one who invites
you for convocation, then the right of your priest, then
comes the right of one who accompanies you, then the
rights of your neighbors, then comes the right of one who
sits besides you, then comes the right of one who makes
partnership with you. These are followed by the rights of
the property holders upon you, then comes the rights of
indebtors against whom you have the claim and then comes
the rights of your creditors who makes claim against you.
Then comes the rights of those who associate with you.
Then comes the right of your adversary who has claim
against you, then comes the right of your adversary against
whom you have any claim. Then comes right of the one
who asks for your consultation, and then comes the rights
of the one who gives you his consultation or advice. Then
comes the right of the one who asks for your
recommendation, and then comes the right of the one who
provides you with his recommendation. Then comes the
right of the one who advises you; then comes the right of
the one who is older than you; then comes the right of the
one who is younger to you. This is followed by the right of
the one who begs from you; and then comes the right of the
one whom you have begged from. Then comes the right of
the one whom you have hurt with your words or deeds, or
who has delighted you or made you happy with his words
or deeds, intentionally or unintentionally. Then comes the
right of all of your people followed by the right of those
who are not Muslims but to whom you have extended your
support and protection. Then the current rights, which
evolve according to the changing times and differing ways,
need due consideration.
29
Happy is whom God has helped to perform his duties,

prescribed by Him, to do his duties in the best manner and
in most appropriate conduct.
To summarize, the leaders are not restricted to be only
officials or governmental authorities. Rather this
terminology also includes those who educate or render
financial support. Moreover, the rights of the third party
upon you, would be complemented by your rights upon
them. Thus, every right stems from a corresponding
obligation. On the other hand, every obligation
automatically generates the corresponding right.
Imam Zein-al-Abedin, peace be upon him, in other part of
his Treatise, confers particular rights to:
i) All of the above mentioned obligatory activities, such
as prayers, fasting, etc. Gods major right against you
is to worship Him without considering anyone as His
associate. Having done it with probity and sincerity,
He would suffice you in this world, and in the
Hereafter. Moreover, He protects you in the way that
you like it.
ii) The seven organs of the human body: The right of
your ego is to conduct it in Gods obedience.
Therefore, concede to your tongue its right, to your
hearing its right, to your vision its right, to your hand
its right, to your leg its right, to your stomach or
abdomen its right, to your sexual organ its right; and
invoke Gods assistance to perform all these duties,
iii) and to perform the activities to accomplish these.
The details of those right holders are meticulously
enumerated as follows:
(i)
(ii)
(iii)
(iv)
(v)
30
Coming to the right of the tongue, dont use it as an

instrument to insult others; give it the accustomed, to
be directed to the bounty and guided with politeness,
and adorn it. Dont use it except when it deserves to
be used or brings you any benefit for your belief or
your material life. Deter it from intervention when its
entailed advantage is low and its harm cannot be
avoided. Your tongue should strengthen the wisdom,
being its witness, adorning your wisdom and showing
the best conduct through its words. There is no
authority warranted except from God, the Glorious.
The right of your hearing is to purify it in such a way
to bring it in route, conducive to your heart; not
listening except what your heart desires as the best,
and does not acquire something except the best moral
and modesty. This is justified because your hearing is
the gate of your words passing through the heart,
giving all meanings to words. There is no power
except coming from God.
The right of your vision is to close it before what you
are not entitled to or what you are not permitted, and
leave it being tempted except when the cause is to
caution or admonish. (Giving you more insight or
enjoying more knowledge because your vision is the
gate for warning.)
The right of your legs is not to walk on the route
which you do not deserve, and dont make them
obedient to you to walk on the ways which degrade
you, because it ought to carry you and lead you to the
ways of ideology (or righteousness), and it is a
competition (or struggle) for you. There is no power
except the one coming from God.
The right of your hand is that do not employ it except
in what is permitted for you. If you violate this right,
31
you will receive the torment from God, in the form of

cutting down your age, and being blamed by the
people in your own daily life. If it is employed, in a
manner, which has been prescribed by the God, do not
withhold it. Dignify it by keeping it distant even from
many things which are permitted and using it towards
many things which are not obligatory for it. If it would
be kept within its limit and dignified in daily life, it
would be granted the best recompense, as extension of
the lifestyle.
(vi) The right of your stomach is not to convert it to a plate,
receiving even little of what is illicit and not to
accumulate it even with what is permitted and entitled
to you. Do not go beyond the limit, which is necessary
or exigent, which instead of giving you energy, causes
you lethargy, tending you away from human dignity.
Keep it under control when you are hungry or thirsty
because the hunger, which leads the hungry to
gluttony, makes him lazy (or lethargic/slothful) and
distances him from every goodness and bounty.
Behold any lavish drinking which makes you
intoxicated; degrades you; makes you ignorant and
tends away your dignity.
(vii) The right of sexual organ to keep it away from what is
not permitted for you. Request for His assistance by
closing your eyes because He would be the strongest
supporter amongst supporters and by remembering
many times the death and intimidating your ego before
God, and subdue it. In fact, piety is dependant upon
God and subject to His support. There is no power and
authority except through Him.
One of the main features of the Imams doctrine, neither
accepting nor rejecting is individualism one of the basic
32
components of the liberal theory of Human Rights.

According to this theory, the individual is the owner and
master of his/her rights and duties. He/she is the only one
who shapes his/her destiny. Therefore, when we encounter
some controversial aspects between secular and religious
perspective, e.g., regarding the right to abortion or
practising adultery, the secular theory leaves them to the
individuals discretion, lest law prohibit it. For instance, it
was proclaimed at a march for abortion rights in
Washington: When we define choice, its about a
womans right to decide if and when she will have sex, if
and when she will get pregnant, if and when she will carry
a pregnancy to term, and if she will raise a child.1 On the
other hand, according to the Imams viewpoint, an
individuals right over his/her body is not unilateral, rather
is mutual. The human organs as well as their activities have
a corresponding right over an individual too.
To recapitulate, by undertaking abortion or adultery, one is
benefiting of his/her right, but is violating two other rights,
i.e., the right to life and piety, attributed to their activities
and the right of the related organs of the human body.
Secondly, the secular theory rejects any religious
interpretation of Human Rights. However, by virtue of his
treatise on Rights, the Imam introduces Gods rights upon
human being with regards to Himself, as the root and origin
of all other rights.
Imam Zein-al-Abedins perception of rights has been
Lynette Clemetson, For Abortion Rights Cause a New Diversity,

The New York Times, April 24, 2004.
33
summarized in the following charts*:

God's Rights towards an individual
concerns
every movement which

he conducts
every place he
enters
every part of
his body
every instrument at
his disposal
Treatise on Rights, Zein al-Abedin, (born in 659 A. D. and passed

away in 713 A.D.), supra n. 57.
F.
34
SPECIFIC HUMAN RIGHTS IN ISLAM
I. CIVIL AND POLITICAL RIGHTS

1. Right to Life
The first right enumerated for man by the Holy Quran, is
the right to life. There are two phases for life: physical and
spiritual. No one has the right to take this right from
anyone. The violation of the right to live, results from
killing. According to the Holy Quran, this is equal to
destroying the whole society; unless it is done under sound
reasons. Who soever slays a soul not to retaliate for a soul
slain, nor for corruption done in the land, shall be as if he
has slain mankind altogether.1
1
Quran 5:32.
35
The violation of the spiritual right to life results from

misleading others. They destroy their spiritual life. The
loss of spiritual life means the loss of bliss; otherwise the
spirit of man shall not be destroyed. For the same reason,
the Holy Quran regards spiritual life as opposed to
atheism. In other words, anyone who becomes atheist, loses
bliss and dies spiritually.1
2. Right to Freedom
One of the main messages of all the Prophets is to free their
followers from the bondage and servitude. This could be
traced and substantiated by the role played by Moses
[p.b.u.h.], when he demanded the freedom of the Bani
Israel* from Pharaohs servitude. The Pharaoh was idolater
and Moses [p.b.u.h.] invited all to worship none but God.2
In the works of the Imam Ali, the message of freedom is
clearly discernible. The most obvious document in this
regard is Nahjul-Balaghah where Imam Ali addressees his
son Hassan Mujtaba, thus: Be not servant to anyone but
Ayatullah Abdullah Javadi Amuli, supra n. 29, p. 8.

The Jews.
2
Islam provides that freedom lies in freedom from servitude of others
but of Allah. However, the proponents of other schools believe that
freedom lies in mans capability to choose anything. In their eyes, man
is free to choose any religion he desires, for they regard religion as an
ordinary thing. Thus, as man chooses his profession and residence, he
can choose his own religion. According to this belief, religion finds its
origins in the traditions and beliefs of people. However, in Islam, this
absolute freedom is servitude, for if man is free to choose whatever he
likes as his religion, then he falls into the pitfall of his desires and
follows them. Has thou seen him who has taken his caprice as his
God? says the Holy Quran 45:23.
*
36
God, for He has created you free.1

As is seen in this statement, true freedom lies in breaking
of all servitudes but not of God. For the same reason, Imam
Ali finds his honor in this kind of freedom: O God, it
suffices me to be Thy servant; this is great honor for me to
have Thee as my Lord.2
3. Right to Equality and Non-discrimination
The Universal Declaration of Human Rights, 1948, dealt
with equality and non-discrimination under Article 3 as
noted above. Islamic Sharia has dealt with equality and
non-discrimination as an enforceable and binding legal
duty. Islamic Sharia determines equality of all human
beings with respect to their origins, ethnic affiliations and
humanitarian values. There is no favour for an Arab over a
non-Arab, save for righteousness. Allah, the Almighty
says: O mankind, we created you from a single (pair) of a
male and a female, and made you into nations and tribes,
that you may know each other. Verily, the most honoured
of you in the sight of Allah is (he who is) the most
righteous of you. And Allah has full knowledge and is
aquatinted (with all things).3 Also, Allah addresses
mankind with the expression, the children of Adam. He
says in the Holy Quran, O children of Adam!4 In these
Verses, Allah addresses all human beings in general as the
1
Imam Ali, Nahj al-Balaghah, Selection from Sermons, Letters and

Sayings of Amir Al-MuMinin, Ali ibn Abi Talib, (selected and
compiled by as-Sayyid Abul-Hasan Muhammad ibn al-Husayn arRadi al-Musawi and translated by syed Ali Raza), Karachi, the 17th
May 1971, Letter 31, p.128, Part 87.
2
Bihar al-Anwar, Vol.74, Chapter 15, p. 42, Tradition No. 23 and Vol.
91, Chapter 32, p. 92, Tradition No. 6.
3
Quran 49:13
4
Quran 7:26
37
sons of Adam; this generality indicates that all human

beings are treated on an equal footing.
Islam has transported man from the partisanship and
bigotry of tribalism, clan, faction, race, sex and colour to
the much wider parameters of a humanity that is goes back
to one origin. These differences are not supposed to drive
people to separation, antagonism, and hostility. Rather,
they should make them cooperate and to know each other.
When Abu Dhar al-Ghafari* became furious with Bilal Ibn
Rabah**, the former called the latter the son of the black
woman. When the Holy Prophet heard this insult, he got
angry and said: This is too much! There is no honor for
the son of the white lady against the son of the black lady
except for piety and righteousness. Upon hearing this,
Abu Dhar placed his cheek on the ground and asked Bilal
to put his foot on his cheek.1
Prophet Mohammed, (peace and blessings of Allah be upon
him), has also referred to the principle of equality in Islam
by saying: O mankind! Your Lord is One. All of you are
the sons of Adam, and Adam is created from clay. There is
no virtue or honor for an Arab over a non-Arab, neither for
a non-Arab over an Arab, or for red over black, neither
black over red or white over black except for piety. Have I
delivered the message? The present should inform the
absent.2 He said in the domain of equality between the
people in implementing Hudud, The nations before you
*
The follower of the Holy Prophet.

The follower of the Prophet from Ethiopia.
1
Al Tadhamun Al Islamie (Journal) Issue of Zhul Qaida 1411 H (as
quoted in Sulieman Abdul Rahman al Hageel, Human Rights in Islam,
supra n. 33).
2
From the statement of Holy Prophet Mohammed in his last
pilgrimage.
**
38
were destroyed because if a noble committed theft, they

[the rulers] would not apply hadd on him; whereas if the
weak and humble committed theft, they would inflict hard
punishment on him. Behold! If my daughter Fatima
committed theft I will order her hand to be amputated.1
4. Right to Freedom from Slavery and Servitude
Prohibition of slavery is one of the basic principles of
International Human Rights Law and has acquired the
status of customary international law. Prohibition and
freedom from slavery and servitude is one of the
fundamental principles of Islam.
Caliph Umar* has said: How did you make the people
your slave when their mothers gave birth to them as
freemen?2 In consonance with the remarks of Umar, Imam
Ali said: Do not be the slave of anyone when God has
created you free. He further states that man has been born
free and not that someone else should take pity on him and
set him free. 3
This sentence of Imam Ali shows that he considered the
freedom of man to be inherent and natural, and all the
actions of man are the outcome of this inherent and natural
freedom. This freedom is free from all external influences.
This freedom is enjoyed by him internally and not
externally. It is like the light of the sun which cannot be
separated from it.
Narrated by al-Bukhari and Muslim.

Assassinated in 644 A.D. (first half of the 7th Century)
2
George Jordac, supra n.15, pp.136-138.
3
Ibid.
*
39
5. Right to Freedom from Forced Labour

Development of land and payment of full wages,
commensurate with the work done, were the two strong
pillars on which Islam intended to erect the structure of a
good and pious society. An instance of observance of the
right to freedom from forced labour is manifested in the
following:
Some persons belonging to a particular place came to
Imam Ali and said: There is a canal in our area which is
now filled with dust. If it is dug again, it will be very
beneficial for us. They then requested him to write to the
Governor of the area to make it compulsory for everyone to
dig the canal. The Commander of the Faithful approved
the digging of the canal but did not accede to their request
that the people should be compelled to dig it. He wrote
thus to Qarza, son of Kaab, the Governor of the area:
Some persons belonging to your area came to me and told
me that there was a canal in that region which is now filled
with dust. If these people dig the canal once again, it will
lead to the development of the area and they will be able to
pay the revenue. This will also lead to the increase in the
income of the Muslims residing in the area.
These persons asked me to write a letter to you desiring
you to collect the people of that place to dig the canal and
to make it obligatory upon them to bear the expenses of the
work.
I do not consider it appropriate to compel any person to do
a work which he does not like to do. You should,
therefore, call the people and employ those of them who
are willing to do the work. When the canal is ready only
40
those persons who do digging work, will be entitled to use

it, and those who do not participate in the work, will have
no right on its water. If those people develop their area and
their financial position improves, it is much better than
their remaining weak.1
6. Right to Peace (Peaceful Coexistence, Pacta Sunt
Servanda)
Islam is a religion of peace and universal brotherhood. The
secular meaning of the word Islam is peace. Bear in
mind that you do not throw away the offer of peace which
your enemy may make himself. Accept it, for that will
please god. Caliph Alis this statement bears witness to
this fact.2 He further advices: Abstain from shedding
blood without a valid cause. Do not wish to build the
strength of your State on blood, for it is this blood which
ultimately weakens the power and undermines the authority
and shakes its very foundations; power then slips to other
hands.3
Islam also mandates Muslims that peace treaties should
be adhered to. This is one way of achieving peaceful
coexistence of various nations. The Caliphs of Islam had
always discharged their obligations under various peace
treaties. 4
1
George Jordac, Supra n. 15, pp.175-176.

Ibid., p. 225
3
Ibid., p.226
4
But, if under the Peace Treaty you have accepted any obligations,
discharge those obligations scrupulously. It is a trust and must be
faithfully upheld and whenever you have promised anything, keep it
with all the strength that you command, for whatever difference of
opinion might exist on other matters, there is nothing so noble as the
fulfilment of a promise. So, never make excuses in discharging your
responsibilities and never break a promise, nor cheat your enemy, for
2
41
According to Islam love and friendship is the greatest

blessing for mankind. It says: Almighty God has
strengthened the tie of love between the human beings.
Also it says: One who gains victory by evil means, is, in
fact, defeated. Nothing is worse than fighting and
bloodshed.
In resonance with the principles of International
Humanitarian Law,1 Islam emphasizes: Never challenge
another person to combat. Fighting is as much injurious
for truth as it is the source of refuge for falsehood. It is by
means of truth that man is exalted, the society is
strengthened and the world becomes prosperous. It was for
this reason that at time, in order to put end to trouble and to
invite the friends to peace, Caliph Ali said: For your
enemies this loss is sufficient that they have gone astray.
Islam asks a sinner and a transgressor to express regret for
his lapse so that fighting might not take place. As regards
the oppressed persons, Islam asks them to accept the
apology of the transgressor however big his offence might
be. It says: Accept the apology of a person who
apologizes to you. It also says: Fight against your worldly
desires by means of reason. Islam further says: If you feel
breach of promise is an act against God and none except the positively
wicked, acts against God. So, do not make any such promise which
you cannot fulfil, nor attack your enemy without ultimatum. A treaty
should, therefore, be free from fraud, duplicity and deception. Never
execute a pact open to interpretations, but once it is executed, dont
exploit equivocation, if any; nor repudiate any Treaty concluded in the
light of Divine injunctions, even in the face of grievous difficulties,
Imam Ali directed Malik Ashtar.
1
Dr. Ali Reza Deihim, An Introduction to the International Criminal
Law, (the Institute of Political and International Studies, Tehran, 2002),
Chapter III, pp. 59-83.
42
secure from vexation by someone, try to make him your

brother.
It provides: Refrain from enmity and dispute, because
these two things make the heart sick and discord is
generated from them. Also, Do good to your enemy
because this victory is more agreeable and sweet. It
further provides: The goodness of a goodness which is
acquired through, evil is futile and the affluence which is
the result of indigence and adversity, has no value.1
Further, in the testament which Caliph Ali wrote for Malik
Ashtar while appointing him as the Governor of Egypt he
said: If you settle some conditions with your enemy or
conclude a pact with him, you should relieve yourself of its
burden by honouring it. You should discharge faithfully the
responsibility undertaken by you and should make yourself
a shield for the protection of your promise. You should
not, therefore, abandon what you undertake to do, nor
dishonour the covenants you make and should not deceive
your enemy.2
7. Administration of Justice and Independence of
Judiciary
In an Islamic State, the ruler is not supposed to keep aloof
from the people. The ruler is one amongst them. He has to
meet people regularly and interact with them. 3 Grievance
1

Ibid., p.202.
3
Caliph Ali says: Meet the oppressed and the lowly periodically in an
open conference and conscious of the Divine presence there; have a
heart-to-heart talk with them and let none from your armed guard or
civil officers or members of the police department or the intelligence
department be by your side, so that the representatives of the poor
might state their grievances fearlessly and without reserve. .no
2
43
redressal is one of the objectives of these interactions. In

fact, the Caliphs of Islam were very devout in meeting
people and in sorting out their problems. The following
directions given by Ali reached the ears of the governors
continuously:
Redress the grievances of the people and meet their needs,
because you derive your capital from them. Do not deprive
anyone of what he needs, and do not obstruct him from
attaining his object. Do not sell the summer or winter dress
of anyone to realize revenue. Do not take away from any
person a quadruped which is required by him for his
business and do not whip a person for even a penny.1
Once Ali saw his coat of mail in the possession of a
Christian. He took him in the Court of a judge named
Shurayh, so that he might give a decision regarding its
ownership. When both of them appeared before the judge,
Ali said: This coat of mail is mine. I have neither sold nor
gifted it to anyone. The judge asked the other person:
What have you to say about the claim made by the
Commander of the Faithful? The Christian said: This
coat of mail is mine. In spite of this, however, I do not
consider the Commander of the Faithful to be a liar. Then
the judge Shurayh turned to Ali and said: Can you
produce any witness who should depose that this coat of
mail is yours? Ali smiled and said: Shurayh is right. I
cannot produce any such witness.
The judge gave a judgment in favour of the Christian who
took the coat of mail and departed. The Commander of the
nation or society, in which the strong do not discharge their duty to the
weak, will occupy high position. Ibid., p. 223
1
George Jordac, supra n.15, p. 65
44
Faithful kept looking at him from behind. After having

gone a few steps, however, he returned and said: I testify
that such an order resembles the order of the Prophets,
because one who is the Commander of the Faithful, has
appeared along with a person like myself in the Court of
the judge who is also his subordinate and the judge has
given a judgment against him. Then he added: O
Commander of the Faithful! I swear by God that this coast
of mail is yours and my claim was false.1
Judiciary has a very important role in the administration of
justice. Islam recognizes the independence of judiciary.
Caliph Ali in his testament had highlighted the
Independence of judiciary.
Select as your Chief Justice from the people, one who is by
far the best among them is the one who is not obsessed
with domestic worries; one who cannot be intimidated; one
who does not err too often; one who does not turn back
from the right path once he finds it; one who is not selfcentered or avaricious; one who will not decide before
knowing the full facts; one who will weigh with care every
attendant doubt and pronounce a clear verdict after taking
everything into full consideration; one who will not grow
restive over the arguments of advocates and who will
examine with patience every new disclosure of fact and
who will be strictly impartial in his decision; one whom
flattery cannot mislead; one who does not exult over his
position.Never select men for responsible posts
(subordinate judiciary) either out of any regard for personal
connections or under any influence, for that might lead to
injustice and corruption. Increase their salaries to give them
a contended life. A contended living is a help to self1
Ibid., p. 67
45
purification.1
8. Right to Religion
Absolute freedom of religion, under the International
Human Rights law as discussed above, is considered as
personal, heartfelt, and everyone has a right to preserve it
for himself and that the diversity of belief has to be
respected.
Man due to his power of choice is free to choose his
destiny: It applies to accepting the divine religion also.2 No
one shall be compelled to accept Islam. Religion in its
objective and subjective entity lives in the minds and
hearts of people. The ideology, world vision, explanation
of the realities in the world and rules, stem from natural
laws. Islam regards religion as the inherent law in man. It
coincides with the very nature of man. As Muslims ulama
(religious scholars) state: Religious matters stem from
genetic realities and the belief in religion means the
harmonizing of man with nature.3
Hence, as nature is not illusionary or absurd, religion
should not be based on illusion. Be as it may, as man and
his belief are to be respected, Islam allows that everyone
who is not able to understand the amazing nature of Islam
and accepting that no one else has the right to refrain his
fellow beings from accepting Islam. Concerning this, the
Holy Quran states: There is no compulsion in religion.4
1
George Jordac, supra n.15, pp. 219-20

There is no compulsion in religion. Quran, 2:25.
3
Ayatullah Sayyid Muhammad Khaminii, Individual Rights in
Islam in Islamic Views on Human Rights: Viewpoints of Iranian
Scholars, supra n. 6, pp.48-59.
4
Quran 2:25; and also the Verses: To you your religion, and to me
my religion (The Unbelievers (109), Verse 6); Wouldst thou then
2
46
The path of salvation is made distinct from aberration and

no one shall be compelled to accept religion, for everyone
is free to choose the right path by virtue of his/her rationale
and intellect and tell apart wrong from right. As
pronounced in the Holy Quran, one can exercise freedom
in the choice of ones religion, but thereafter one is bound
to follow it as a Covenant is made with God, based on the
will of man.1
9. Mans Right over his own Property and Wealth
As regards mans right over his property, Islam prohibited
trespasses and laid down the guarantees for the protection
of the properties more than fourteen centuries ago. Allah
has threatened the non-believer with painful chastisement
for trespassing or encroaching upon others properties, as
He says: That they took usury, though they were
forbidden and that they devoured mens wealth wrongfully;
We have prepared for those among them who reject faith a
severe torture.2
The term, property here, includes
whatever can be possessed and owned by man, whether
currency or goods of material value, movable or
immovable.
Holy Prophet Mohammed, (peace and blessing of Allah be
upon him), talked about the inviolability of mans life in
constrain the people, until they are believers? (Jonah (10), Verse 99);
So let whosoever will believe, and let whosoever will desbelieve
(The Cave (18), Verse 29); The remind them! Thou art only a
reminder, thou are not charged to oversee them (The Enveloper (74),
Verses 21-23); It is thine only to deliver the Message, and Ours the
reckoning (Thunder (13), Verse 40); It is only for the Messanger to
deliver the Message (The al- Maidhah (5), Verse 99); and the likes.
1
Ayatullah Sayyid Muhammad Khaminii, supra n. 83, p. 58.
2
Quran, 4:161
47
conjunction with mans property when he said: Your lives

and property are inviolable forever until you meet your
Lord.1
Also, as narrated by Abu-Bakrah, the Holy Prophet
Mohammed, (peace and blessing of Allah be upon him),
delivered a Khutbah (religious talk) on the day of Nahr
(10th of Dhul Hijjah). He said: Allah and His Messenger
know better. He remained silent till we thought he might
give that day another name. He said: Isnt it the day of
Nahr? We said: It is. He further asked: Which month
is this? We said: Allah and His Messenger know better.
He remained silent till we thought that he might give it
another name. He then said: Isnt it the month of DhulHijjah? We replied: Yes, it is. He further asked: What
town is this? We replied, Allah and His Messenger know
it better. He remained silent till we thought that he might
give it another name. He then said: Isnt it the forbidden
(sacred) town (of Makkah)? We said: Yes, it is. He said:
No doubt, your blood and your properties are sacred to
one another like the sanctity of this day of yours, in this
month of yours, in this town of yours, till the day you meet
your Lord. No doubt! Havent I conveyed Allahs Message
to you? We said: Yes. He said: O Allah! Be witness.
So, it is incumbent upon those who are present to convey it
(this information) to those who are absent because the
informed one might comprehend it (what I have said) better
than the present audience, who will convey it to him.
Beware! Do not renegade (as) disbelievers after me by
striking the necks (cutting the throats) of one another.2
1
Al Jamie al-Sagheir, al-Soyouti, Vol.1, No. 6271.

Sahih al-Bukhari, Vol.2, Hadith No.797, quoted from explanation
given as regards Surah 2. al-Baqarah, Part 2, Ayah 191, Translations of
the Meanings of the Noble Quran in the English Language, Dr.
2
48
Further, in this regard, there is a hadith by the Holy

Prophet that says: All people are the masters of their
properties.1 When people are in control of their properties,
they can do any kind of ownership in what they have, and
others have no right to interfere in their properties unless
by their permission.2
10. Right of People to be Consulted
The Almighty God has considered the will of people as
being the realm of public affairs and has bidden people to
consult each other in this regard. And those who respond
to their Lord, and establish prayer, and conduct their affairs
with counsel among themselves.3 It is clear that by saying,
and their affairs with counsel among themselves, is not
meant the divine responsibilities or principles because in
the realm of religious responsibilities, the vote of the
believers is the criterion. The reference is to the mantaqat
al-faragh in which policy takes place on the basis of public
counsel. In other words, in the public realm decisions are
made with attention to peoples satisfaction acquired by
counseling them. If people lack rights in the public realm,
why are the authorities bound to counsel with them?4
11. Right of People/Society towards the State (or
Authority)
As manifested in the words of Imam Ali, the greatest
rights prescribed by the Almighty is the right of the
Muhammad Taqi-ud-Din al-Hilali & Dr. Muhammad Mushin Khan,
(King Fahd Complex, Madinah K.S.A.), pp. 39-40.
1
Allamah Majlisi, Bihar al-Anwar, Vol.2, Kitab al-Ilm, Chapter 33,
Hadith 7, p.272; also see Rasail al-Shiah, Vol.3 Abwab Ahkam alWasaya, Chapter 17, Hadith 2, p. 381.
2
Hujjat al-Islam Muhsin Kadivar, supra n. 51, p.114.
3
Surah of Counsel (42), Verse 38.
4
Hujjat al-Islam Muhsin Kadivar, supra n. 51, p. 115.
49
guardian towards people and the right of the people

towards the guardian and this right God has regarded
incumbent upon people and guardians alike.1
Therefore it is incumbent upon you to give advice in the
exercise of that right and assist each other. No one can
reach the truth of the true obeisance of God although they
may be longing to satisfy Him and strive hard to be His
true servants. Among the rights of God towards people, is
giving advice and assisting each other in the light of their
powers and no one is needless in what the Almighty has
prescribed upon him of getting assistance. However great
his status may be, and however he has succeeded in
religion, there is no one inferior to him to help or to be
helped although people consider him small and he may
seem small in their eyes.2
There may be people who regard praise to come after
sweet works, so do not praise me for my obeying God, my
good conducts but ask me of the rights I have not
exercised, or the obligatory things I am impelled to do.3
II. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
1. Rights of Orphans
Islam recognizes that in every nation there are certain
groups of people who are unable to support themselves.
Therefore, it is the responsibility of the nation as well as
every individual to support them. Islam confers certain
specific rights to such needy sections of society, namely
orphans, small children and old persons etc. Allah, the
1
Nahj al-Balaghah, Sermon 216, supra n. 62, p. 333.

Ibid, p.334.
3
Ibid, p.335.
2
50
Almighty says: They ask you concerning orphans. Say

the best thing to do is what is for their good. If you mix
their affairs with yours, they are your brothers; but Allah
knows the one who intends mischief from the man who
means good. And if Allah had wished he could have put
you into difficulties. Allah is indeed Exalted in power,
Wise.1 Also, To orphans restore their property (when
they reach their age). Nor substitute (your) worthless
things for (their) good ones. And devour not their
sustenance (by mixing it up) with your own, for this is
indeed a great sin.2
Islam provides that it is the responsibility of the nation to
support those who are unable to earn, for instance young
orphan children. It is an exclusive right of orphans, and not
an act of kindness, and the governments and its
representatives are responsible to pay this right. Islam
Says: Out of all members of the society these persons are
more deserving of justice. Hence, you should pay the right
of every one of them and equip yourself with an excuse to
be presented before God. Take care of the orphans and the
old persons who can neither earn their livelihood, nor can
stand before others to beg.3
2. Prevention of Corruption (Misappropriation or
Favouritism)
Islam mandates that a ruler should be a righteous person,
who is not tempted by material gains, which leads him to
favouritism, misappropriation of public funds and
corruption. He is judged by his modesty, simplicity and
Quran, 2:121
Quran, 4:2
3
George Jordac, supra n. 15, pp. 178.
2
51
honesty.1
This is well manifested in the works of Imam Ali. Once
Imam Ali received information that a military officer had
taken bribe. He held his hand and gave it such a violent
jerk that it was about to be dismembered from his body.
Then he said to him: The people earlier than you were
annihilated because they deprived the people of their rights
and they were, therefore, obliged to acquire their rights by
offering bribes. They compelled the people to do invalid
things as a result of which falsehood became prevalent.2
3. Freedom from Poverty and Indigence
Eradicating poverty and indigence from the society is one
of the fundamental objectives of Islam. An ideal Islamic
State is a State where the rights of the poor, orphan,
widows, and aged are well protected. This is well
manifested in the testament which Imam Ali, the Caliph of
Islam, wrote to Malik Ashtar while appointing him as
Governor of Egypt. It says:
Fear God when dealing with the problem of the poor who
have none to patronize them, who are forlorn, indigent,
helpless, and are greatly torn in mind-victims of
vicissitudes of time. For Gods sake, safeguard their rights
1
Make this clear to yourself that those immediately about and around
you, will like to exploit their position to covet what belongs to others
and commit acts of injustice. Suppress such a tendency in them. Make
a rule of your conduct never to give even a small piece of land to any
of your relations. Deal justice squarely regardless of the fact whether
one is a relation or not. If any of your relations or companions violates
the law, meet out the punishment prescribed by law, however painful it
might be to you personally, for it will be all to the good of the State.
Ibid., p. 225
2
George Jordac, supra n.15, p.165.
52
for on you rests the responsibility of protecting their

interests. Do not let any preoccupations slip them from
your mind for no excuse whatsoever for the disregard of
their rights will be acceptable to God. Do not treat their
interests as of less importance than your own and never
keep them outside the purview of your important
considerations, and mark the persons who look upon them
and of whose condition they keep you in ignorance. Seek
your reward from God by giving to each of them what is
due to him and enjoin on yourself as a sacred duty the task
of meeting the needs of such aged among them as have no
independent means of livelihood and are averse to seeking
alms. 1
Further, the social principles and views of Ali in nine
sentences consist of the cause of affluence and indigence
and the class differences of the people or in other words the
best rules and regulations for eliminating poverty and need,
and establishing equality of rights between them.2 These
principles and views are as follows:
Prevent Hoarding
No indigent person remained hungry, except because a rich
man usurped his share.
I have not seen excessive wealth with anyone, except that I
have seen the right of someone being infringed.
You should be more anxious to develop land than to collect
revenue.
I do not consider it proper that a person should be
compelled to do a work, which he does not like.
The hearts of the pious people are in Paradise and their
bodies are busy doing work in the world.
1
2
Imam Ali, Nahj al-Balaghah, supra n. 62, pp. 433-471.

53
The canal belongs to him who participated in its digging

and not to him who did not provide physical or financial
assistance to it.
Keep in view the achievement of a person, and do not
attribute the achievements of one person to another.
Beware! Dont appropriate to yourselves the things in
which all have equal rights.
4. Freedom from Oppression
Islam never permits oppression of any kind. In fact, it is the
duty of a Muslim to liberate the oppressed from
oppression. Nothing deprives man of divine blessings,
nor excites divine wrath against him more easily than
oppression. Hence, it is that God listens to the voice of the
oppressed and overpowers the oppressor.1
According to Imam Ali, God has made it mandatory for the
ulema that they should not remain silent spectators of
injustice of the oppressor and the grief and helplessness of
the oppressed person. He says: And the sin which will not
be forgiven is that one person may oppress another. He
1
George Jordac, supra n.15, p. 214. Imam Ali on various occasions
had emphasised the need for eliminating oppression. I swear by God
that it is preferable for me to lie on the thorns and be chained rather
than that I should oppress anyone or usurp even the most ordinary
thing. It is my duty to wage a war against oppression and the
oppressors, and against those who unlawfully grab the wealth of others,
and I shall have to account for it on the Day of Judgment. If the
Almighty God had not taken a promise from the rulers that they will
not sit quiet in the event of the oppressor becoming over satiated with
food and the oppressed one remaining hungry, I would have thrown the
reins of the Caliphate on a camels shoulders and would have satisfied
its last one like the first one. Do not oppress others just as you do not
like to be oppressed by others. (Ibid., pp. 285& 458).
54
held the view that: Oppressing a weak person is the worst

type of oppression.1
5. Duty to Trade Honestly
Islam permits trade and business on all items, except which
are explicitly prohibited by the Holy Quran and the Holy
Prophet. At the same time, Islam gives the consumer, the
right of not being cheated by greedy businessmen. In fact,
hoarding and other business and trade related frauds are
considered crimes in Islam.2
PART TWO:
INTERNATIONAL HUMAN RIGHTS LAW
A.
INTRODUCTION
The expression Human Rights is relatively new, adopted

into everyday parlance of the international affairs only
since World War II, the founding of the United Nations in
1945 and the adoption of by the UN General Assembly of
the Universal Declaration of Human Rights in 1948.3
Ibid, p.211.
Imam Ali while guiding the Governor-designate, says: Prevent them
(businessmen) from hoarding; for the Holy Prophet of God had
prohibited it. See to it that trade is carried on with the utmost ease, that
the scales are evenly held and that prices are so fixed that neither the
seller nor the buyer is put to a loss. And if, in spite of your
warning,they (businessmen) commit the crime of hoarding, then
inflict upon him a severe punishment. )George Jordac, supra n.15, p.
222)
3
Weston H. B, Human Rights, 20 New Encyclopedia Britannica (15th
ed. 1992).
2
55
Although today there is widespread acceptance of the

importance of Human Rights in international structure,
there is considerable vagueness about the precise nature of
such rights and their substantive role in international law.1
Moreover, due to uncertainty surrounding the rhetoric and
notion of rights, the nature and scope of rights itself is a
matter of intense jurisprudential debate.
Rights are considered as emanating from various sources,
whether religious, morals, the nature of man or the nature
of society. The genesis, source and development of the
concept of Human Rights have been traced back to
primarily two approaches: Natural Law, and Positivism.
B. HISTORICAL ANTECEDENTS OF HUMAN
RIGHTS IN INTERNATIONAL LAW
I. First School of Thought: Natural Law
The natural law view is that certain rights exist as a result
of a higher law than positive or man made law, which
constitutes a universal and absolute set of principles
governing all human beings in time and space. These rights
were called inalienable rights, a terminology coined in the
17th century, which included the right to life, liberty and
property. This theory enabled to provide a powerful
method of restraining arbitrary power.2
The concept of Human Rights is closely allied with ethics
1
See, for instance. Shaw M. N., International Law, (Cambridge,

Cambridge University Press, 1995), pp. 187-188; Mosokowitz, The
Policies and Dynamics of Human Rights, 1986, pp. 98-99.
2
Shaw, M. N., International Law, op. cit., p.188; Lauterpacht,
International Law and Human Rights, 1950; Finnis, Natural Law and
Natural Rights, 1980
56
and morality. In the development of the idea of Human

Rights, the notion of the law of nature played paramount
and principal role. The foundation of the Law of Nations,
in general, and the concept of Human Rights, in particular,
lie primarily in the development of Western culture and
political organization.1
The origins of the concept of Human Rights have been
traced to ancient Greece and Rome. The growth of
European notions of sovereignty and the independent
nation-State; whereby inter-State relations could be
conducted in accordance with commonly accepted
standards of behaviour, viz., jus civile (applied only to
Roman citizens) and jus gentium (simplified rules to
govern the relations between foreigners, and foreigners and
citizens in Roman empire),2 played a significant role.
The most influential of Greek concepts taken by Romans,
was the idea of Natural Law formulated by the Stoic
philosophers of 3rd century B.C. 3 The Doctrine of the
Stoics held that human conduct should be judged according
to, and brought into harmony with, the law of nature. Such
rules were rational and logical and because they were
rooted in human intelligence, they could not be restricted to
any nation or any group.4
During the Middle Ages the natural law became associated
with natural rights. In Greco-Roman and medieval ages,
1
Shaw, supra n. 109, p.12.

The Roman Law, jus civile and jus gentium allowed for the existence
of a natural law and certain universal rights that extended beyond the
rights of citizenship.
3
Lloyd, Introduction to Jurisprudence, 4th ed., 1979, pp.79-169.
4
See Shaw, supra n.109, pp.13-17 and Weston, supra n.108.
2
57
doctrines of natural law concerned mainly with duties,

rather than rights. This theory was further developed by
Christian philosophers, in particular St. Thomas Aquinas,
who converged Christianity and Natural Law. He laid great
emphasis on Natural Rights, which conferred certain
immutable rights upon individuals. However, according to
him Natural Law formed part of the law of God and Eternal
Law, which have been Divinely revealed. It was declared
by Aquinas that reason was essence of man and thus must
be involved in the ordering of life according to the Divine
Will. It thus led to a theory of conditional acceptance of
authority with unjust laws being unacceptable.1 The idea of
Human Rights qua natural rights gained general
recognition during the phase of Renaissance, when the
conception of natural right shifted from duties to rights.2
Renaissance bequeathed the prerequisites of independent,
critical thought and a humanistic, secular approach to life
as well as political framework for the future. Reformation
and the European religious wars and growing power of
nations, marked the decline of a continental system,
founded on religion and the birth of continental system,
founded on the supremacy of the State.
The theological interpretation of natural law, however,
should not be confused with the modern secular
interpretation of Natural Rights, particularly as enunciated
by Grotius and Pufendorf, who interpreted the concept of
natural rights differently. Grotius (17th century) excised
theology from international law and emphasized the
irrelevance of any conception of Divine Law in such a
1
2
Weston, supra n.108, p.21, Summa, Theologia, English ed., 1927.

Ibid.
58
study.1 Following Grotius, Samuel Pufendorf attempted to

identify international law completely with the law of nature
and understood natural law as a moralistic system.2 Thus,
they detached natural law from religion, laying the
groundwork for secular, rationalist version of modern
natural law.3
The natural law theory gradually led to the natural rights
theory the theory most closely associated with modern
Human Rights. The chief exponent of this theory was John
Locke.4 He argued that there are certain rights which
individuals inherit as human beings (because these rights
existed in the state of nature before humankind entered
civil society), independent of whether these rights are
recognized or not by the ruler; and that, upon entering civil
society (pursuant to a social contract), humankind
surrender to the State only the right to enforce these natural
rights, not the rights themselves. Locke asserted that the
individuals basic rights are inalienable (the right to life,
liberty and property), which implies that, on one hand they
cannot be legitimately taken away by the ruler or society
and, on the other, they cannot be alienated, surrendered or
transferred by their possessor to the State.5
The critical problem with the Natural Rights Doctrine is
Shaw, supra n.109, p.20-22; Knight, The Life and Works of Hugo
Grotius, 1925, and Commemoration of the Fourth Century of the Birth
of Grotius (various articles), 182 HR pp. 371-470.
2
Pufendorf S., On the Law of Nature and of Nations, 1672.
3
Sinha M.K., Implementation of Basic Human Rights, (New Delhi,
Manak Publications, 1999), p.5.
4
Louis Henkin, The Rights of Man Today, London, 1979, pp.1-18.
5
Coker F.W., Reading in Political Philosophy, New York, 1942.
59
how to determine the norms that are to be part of the

natural law and which are therefore inalienable.1
II. Second School of Thought: Positivism
Another school of thought which substantially influenced
the development of concept of rights, and Human Rights in
particular, is Positivism. Positivists approach was derived
from empirical method adopted in Renaissance, and was
not concerned with the edifice of theory structured upon
deductions from absolute principles.2 This approach led to
reinterpretation of international law in terms not of
concepts derived from reason or what states ought to do
given basic rules of law of nature, but rather in terms of
what states actually do, that is what law is and not what law
ought to be. Positive rights may be taken to include those
rights enshrined within a legal system, whether or not
reflective of moral considerations.
Positivism developed as the modern nation-State system
which emerged after the Peace of Westphalia (1648), from
the religious wars and coincided with theories of
sovereignty as propounded by Bodin and Habbes, which
underlined the supreme power of the sovereign and led to
notions of the sovereignty of States.3
Vattel, a Swiss lawyer of the 18th century, incorporated the
elements of both naturalism and positivism in his works.
He introduced the Doctrine of Equality of States in
international law irrespective of the size or might of the
1
Hart H.L.A., Utilitarianism and Natural Rights, Tulane Law

Review (Louisiana), Vol.53 (1979), pp. 661-83.
2
Shaw, supra n.109, pp. 24-25.
3
Ibid.
60
State. By distinguishing between law of conscience and

laws of action and considering that only the latter were of
practical concern, he minimized the importance of natural
law.1
Chief positivist thinkers, Austin and Bentham, rejected the
idea of law of nature as vague and meaningless. According
to Bentham, rights are not natural but are created by law
whose worth depends on their utility. Thus, Bentham
replaced nature with utility. And the jurist John Austin
argued that political or civil liberty constitutes the freedom
of action granted by a sovereign to the subjects and the
principle of utility itself helps the State in identifying the
limits of civil liberty. 2
However, the German thinker Hegels view of freedom
was based on old Greek notion of an individual finding his
true personality and his freedom in the State. Thus, he
proposed the Doctrine of the Will of the State and asserted
subordination of individuals to the State because the latter
enshrined the will of all the citizens and thus evolved
into a higher will. He propounded that on external scene
the State was sovereign and supreme.3
H.L.A. Hart refined the positivist philosophy arguing that
the authority for the rules of law are found in the
background of legal standards against which the
Nussbaum, A Concise History of International Law, 1962, pp.156-64;

Shaw Supra n.109, p. 25.
2
Sinha M.K., supra n.118, pp. 6-7.
3
Avineri, Hegels Theory of the Modern State, 1972, and Friedmann,
Legal Theory, 5th ed., 1967, pp.164-76.
61
government acts, standards that have been recognized and

accepted by the community for that government.1
III. Naturalism
Development
and
Positivism:
Human
Rights
To summarize, although the Natural Law theory fell out of

favour in nineteenth century due to the problems of its nonempirical and diffused methodology, nonetheless it proved
to be of immense value in the recent history of the
establishment of Human Rights within the international
community as universal principles. Positivism as a theory
emphasized on the authority of State and as such left little
space for rights in the legal system other than specific
rights, emanating from the constitutional structure of that
system.2 These theories and other theories (like Socialist
theories, modern rights theories) emphasize the complexity
of the nature of the concept of Human Rights in the context
of development of legal and political process.
BASIC COMPONENTS OF THE
INTERNATIONAL HUMAN RIGHTS LAW
THEORY
One of the principal components of the contemporary
theory of Human Rights is individualism, namely the
individual is bearer/owner of his rights and duties and the
State has responsibility towards individuals to protect their
rights and to ensure the presence of individual in
1
H. L. A. Hart, Positivism and the Separation of Law and Morals,

Harvard Law Review (Massachusetts), Vol.71 (1958), pp. 543-630.
2
Shaw, supra n.109, pp.186-189; Lloyd, Introduction to
Jurisprudence, 4th ed., 1979, Chapter 4. See also Hart, The Concept of
Law, 1960.
62
International Law.1
The second component is that the nature of Human Rights
is based upon humanistic values, human dignity and not on
a regional (e.g. European) or restricted political, economic
ideology such as Western, Socialist or Communist
Ideology. Indeed, humanistic values are per se a matter of
ideological cultural interpretation. According to this
component (although the scope of it is controversial) the
pertinent question is whether Human Rights should
incorporate universal ethical and moralistic norms and
values or in this respect, it should confine itself to the
empirical and functional practices? The school of thought,
which appeared to be more realistic and practical than
idealistic, could be called as positivists. However, one
cannot and should not ignore the impact of ideology,
culture and customs on the notion of Human Rights. Indeed
they should be studied and analyzed and the common
notions may be underlined. However, this requires more
intellectual interaction, and dialogue particularly in the
field of subjects, which can create international concern,
such as Human Rights.
1
The question of the status in international law of individuals is closely

bound up with the rise in the international protection of human rights.
Traditionally only States, and possibly international organizations,
were considered to be the subjects of the law. The growth of
positivism, particularly in 19th century, emphasized the centrality and
even exclusivity of State in this regard. Nevertheless, the modern
practice does demonstrate that individuals have become increasingly
recognized as participants and subjects of international law. This has
occurred primarily, but not exclusively through human rights law. It
has been recognized now that the individuals can even claim rights
against States (including his own) but their procedural capacity to
enforce their rights is grossly deficient. Moreover, the present practice
shows that the international organizations and certain non-State entities
are also to some extent, regarded as subjects of international law.
63
The third component is the increasing perception that

inherent dignity, equal and inalienable rights of all
members of the human family are the foundations of
freedom, justice and peace in the world.1
The Fourth is rejection of any religious interpretation of
Human Rights influenced by absolutism and eternal
principles inspired by God, as propagated by the defenders
of natural law or idealists. However, for the positivists the
Natural Law theorists were more subjective than objective.
The fifth component is a consistent effort to integrate and
include these principles into the universal or regional
declarations, codes of conduct, charters, covenants,
statutes, conventions, protocols or any other international
legal instruments. These legal instruments attempt to
reflect a global outlook as regards International Human
Rights principles, based upon value concept of human
dignity.2
DEFINITION OF HUMAN RIGHTS AND
INTERNATIONAL HUMANITARIAN LAW
I-Definition of Human Rights

Human Rights are universal legal guarantees requiring
respect for fundamental freedoms and human dignity and
protecting individuals or groups against any violation or
1
McDougal, Lasswell and Chen, Human Rights and World Public

Order, 1980, pp. 82-93.
2
For articulation of International Law from value-concept see in
particular Allott, Language, Method and the Nature of International
Law, British Yearbook of International Law, p.79 at p. 128.
64
abuse of those values, norms, principles or standards. Or,

Human Rights are universal legally binding guarantees
consisting of values, norms, principles or standards,
requiring respect for fundamental freedoms or human
dignity and protecting individuals or groups against any
violations or abuse of those guarantees.
While most Human Rights are perceived as individual
rights vis--vis the Government, Human Rights norms may
also apply to non-State actors who commit Human Rights
abuses (such as armed opposition groups, corporations,
international financial institutions and individuals who
perpetrate domestic violence). The campaign to abolish
slavery, one of the oldest efforts to protect Human Rights,
was an attempt to prevent private actors from keeping or
trading in slaves.1
Some of the most frequently cited characteristics of Human
Rights are as follows:
focus on dignity of the human being
legally protected 2
internationally guaranteed
protect the individual and groups
oblige States and State actors
cannot be waived/taken away
equal and interdependent
universal
1
See General Act and Declaration of Brussels of 1890, Convention of

Saint-Germain-en-Laye of 1919, and the Slavery Convention of 1926,
60 L.N.T.S. 253, entered into force March 9, 1927.
2
Article 2 of the International Covenant on Economic, Social and
Cultural Rights (1966) and International Covenant on Civil and
Political Rights (1966) describes Human Rights as enforceable binding
commitments.
65
II. Definition of International Humanitarian

Law
International humanitarian law can be defined as that
part of international law where Human Rights is designed
to ensure respect for general principles of humanity in
situations of international armed conflict, and (to a lesser
extent) to internal armed conflict. This branch of
International Law, which is called International
Humanitarian Law, by common Article 3 of the 1949
Geneva Conventions and their 1977 Protocols, applies to
any armed opposition groups. Growing from costumary
international law, early efforts at codification, and treaties
adopted at the Hague Peace Conferences of 1899 and 1907,
international humanitarian law has its principal sources in
the four Geneva Conventions of 1949 and the two 1977
Protocols additional to those Conventions.
E. SOURCES OF INTERNATIONAL HUMAN
RIGHTS LAW AND INTERNATIONAL
HUMANITARIAN LAW
Main Sources of International Law are as follows:

Treaty
International Costumary Law
General Principles of Law
Jurists opinion
In the following Section we will outline the main sources
of International Human Rights and humanitarian law:
66
I. Main Sources of International Human Rights

Law
The main universal instrument and source for Human
Rights is the International Bill of Human Rights
(comprising the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and
Cultural Rights, and the International Covenant on Civil
and Political Rights with its Optional Protocols). Over the
years, however, international and regional Human Rights
instruments have made more explicit the rights set forth in
the International Bill of Human Rights. Human Rights
are now defined with far more detail, specificity, and
expansion of scope of application. International Human
Rights law is, therefore, more protective of vulnerable
individuals and groups, including children, indigenous
groups refugees and displaced persons and women and
protection of diplomats and staff of international
organizations as well as U.N:
1. International Instruments
i) The Bill of International Human Rights:
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural
Rights
ii) Specialized Treaties:

Convention on the Prevention and Punishment of the
Crime of Genocide;
Convention relating to the Status of Refugees;
67
Protocol relating to the Status of Refugees;

International Convention on the Elimination of All Forms
of Racial Discrimination;
Convention on the Elimination of All Forms of
Discrimination Against Women;
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
Convention on the Rights of the Child, and
Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the
death penalty (Second ICCPR Protocol)
Non-Treaty Instruments
In addition to treaties, the United Nations has overseen the
development and adoption of dozens of declarations, codes,
rules, guidelines, principles, resolutions, and other
instruments that serve to interpret and expand on the
general Human Rights obligations of Member States under
Articles 55 and 56 of the UN Charter and may reflect
costumary international law.
Some of these instruments are reflective of costumary
international law binding on all States, irrespective of
whether they are party to the treaties which also contains
those provisions. Among the prominent instruments, which
are not treaties but are of great importance in the field of
Human Rights are (in order of their date of adoption):
Standard Minimum Rules for the Treatment of Prisoners;
Declaration on the Rights of Disabled Persons;
Code of Conduct for Law Enforcement Officials;
Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power;
68
Standards Minimum Rules for the Administration of

Juvenile Justice (The Beijing Rules)
Declaration on the Right to Development;
Body of Principles for the Protection of All Persons under
Any Form of Detention of Imprisonment;
Principles on the Effective Prevention and Investigation of
Extra-Legal, Arbitrary and Summary Executions;
Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials
Declaration on the Protection of All Persons from Enforced
Disappearances;
Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious or Linguistic Minorities;
Declaration on the Elimination of Violence Against
Women;
Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental
Freedoms.
2. Regional Instruments
1) African Charter on Human and Peoples Rights (the
Banjul Charter)
The African Charter is a different kind of Human Rights
instrument specifically designed to respond to the African
concerns, African traditions and African conditions.1 It
has not only incorporated internationally recognized
individual rights, but has also proclaimed collective rights
and individual duties.
Richard Gittleman, The African Charter on Human and Peoples

Rights: A Legal Analysis, Virginia Journal of International Law, Vol.
22 (1981), pp. 667-714.
69
2) American Convention on Human Rights (the American

Convention)
The States of Western Hemisphere have developed a
regional system to promote and protect Human Rights in
the American system. The system centers around a regional
treaty, the American Convention on Human Rights, drafted
by the member States of the Organization of American
States (OAS).
3) European Convention for the Protection of Human
Rights and Fundamental Freedoms (the European
Convention).
The European Convention for the Protection of Human
Rights and Fundamental Freedoms was adopted in 1950 in
Rome. The European system for protecting Human Rights
is primarily composed of two main treaties: the European
Convention for the Protection of Human Rights and
Fundamental Freedoms and the European Social Charter.
The substantive guarantees in the European Convention
have been supplemented by the addition of further rights in
the First, Fourth, Sixth and Seventh Protocols to the
Convention that are binding upon those States that have
ratified them.
II. Main sources of International Humanitarian

Law
The principal multilateral treaties that legislate
international humanitarian law - the four Geneva
Conventions of 1949 and the two Additional Protocols of
1977 - extend and make more specific the protections of
the 1949 Geneva Conventions to international and non-
70
international armed conflicts. These treaties constitute the

core of international humanitarian law, which is designed
to ensure respect for general principles of humanity during
periods of international and non-international armed
conflict. In the context of armed conflicts, international
humanitarian law provides a stronger and far more detailed
basis for the protection of Human Rights than the
International Bill of Human Rights and other UN Human
Rights instruments.
1. The Four Geneva Conventions of 1949:
i) Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed
Forces in the Field (First Geneva Convention)
ii) Geneva Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea (Second
Geneva Convention)
iii) Geneva Convention Relative to the Treatment of
Prisoners of War (Third Geneva Convention)
iv) Geneva Convention Relative to the Protection of
Civilian Persons in Time of War (Fourth Geneva
Convention)
2. Additional Protocols of 1977
i) Protocol Additional to the Geneva Conventions
and relating to the Protection of Victims of
International Armed Conflicts (Additional
Protocol I)
ii) Protocol Additional to the Geneva Conventions
and relating to the Protection of Victims of NonInternational Armed Conflicts (Additional
Protocol II)
71
NATURE OF INTERNATIONAL HUMAN

RIGHTS
One of the prominent issues in Human Rights is whether
emphasis should be laid on individual rights or collective
rights. This is so because of differences in
conceptualization of Human Rights. In the past, a unitary
conceptualization, with singular emphases on individual,
was dominant. However, the world is now going through a
paradigm shift and this conceptualization is no longer
adequate to address a myriad of national and global
situations in which Human Rights are implicated. In
modern times, with the advancement of understanding and
conceptualization of Human Rights, it is considered that
Human Rights are both collective and individual. The
following Section describes the nature of Human Rights as
collective and individual rights.
I. Collective Rights
In recent years, more attention has been given to various
concepts of collective rights, such as freedom of assembly.
Although right to life or freedom of expression are
individually expressed, while manifestation of ones own
religion is collectively expressed.
Right to self
determination or physical protection of the group as such
through the prohibition of genocide1 constitute collective
1
Genocide means any of the following acts committed with intent to

destroy, in whole or in part, a national, ethnical, racial or religious
group, as such: (a) killing members of the group; (b) causing serious
bodily or mental harm to members of the group; (c) deliberately
inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part; (d) imposing measures
intended to prevent births within the group; (e) forcibly transferring
children of the group to another group.
72
manifestations of individual rights as well as rights of

persons belonging to minorities, thus constituting collective
rights. Balancing of the legitimate rights of States, groups
and individuals is a crucial practice.
1) Prohibition of Discrimination
Apart from requirement of protection from physical attack
upon the very existence of a group, the group needs
protection from discriminatory treatment, as relevant to
individuals as well. The International Convention on the
Elimination of All Forms of Racial Discrimination (1965)
is premised on the prohibition of discrimination such as
any distinction, exclusion, restriction or preference based
on race, colour, descent, or natural or ethnic origin,
impairing enjoyment or exercise by all persons, on equal
footing of Human Rights and thus amounting to violation
of fundamental freedoms.
International Covenant on Civil and Political Rights (1966)
provides in its Article 2 (1) that all States respect and
ensure to all individuals the rights recognized in the
covenant, without distinction of any kind such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status
(214). Further, Article 26 stipulates that all persons are
equal before the law. Thus the principle of nondiscrimination constitutes a basic and general principle
relating to the protection of Human Rights.
However, different legal cases or comments have pointed
out that not every differentiation of treatment will
constitute discrimination, provided the criteria for such
differentiation have reasonable objectives and the aim is to
73
achieve a purpose which is legitimate under the Covenant.1

The pertinent question is what is just, reasonable, or is
objectively and reasonably justified.
2) Principle of Self-determination
This Right, so far, has been examined primarily in the
context of decolonisation. Thus, the question arises
whether this right has an application beyond the
colonization context. By virtue of this right all peoples
determine and pursue freely their political status,
economic, social and culture development. The 1970
Declaration on Principles of International Law concerning
Friendly Relation indicates that subjecting peoples to alien
subjugation, domination and exploitation constitutes a
violation of this right. The ILC in 1988 expressed its view
that the principle of self determination was of universal
application, while the Principles of International Law on
Friendly Relation and General Assembly Resolution 1514
(XV) underline that any attempt at partial or total
disruption of the national unity and the territorial integrity
or to impair the territorial unity of a country, is
incompatible with the purposes and principles of the
Charter of UN. Internal self-determination is directed to
their own people, to provide the participation in social and
political structures.
3) Protection of Minorities
Various attempts were made in the post-World War to
protect those groups to whom sovereignty and statehood
could not be granted. Article 27 of ICCPR provides that in
those Sates in which ethnic, religious or linguistic
1
General Comment on non-discrimination, adopted by the Human

Rights Committee, CCPR/C/21/Rev.1/Add 1 p. 4.
74
minorities exist, persons belonging to such minorities shall

not be denied the right in community with the other
members not of their group, to enjoy their own culture, to
profess and practise their own religion or to use their own
languages.
4) Other Collective Rights
Other main collective rights are the right to a healthy
environment and the right to peace.
II. Individual Rights
The most important individual rights envisaged in the main
documents, are enlisted in the following:
1) Provisions under the UN Charter, 1945
Although the Charter does not enunciate specific Human
Rights, there are a number of Human Rights provisions
included in the Charter of the United Nations. There are
seven provisions in UN Charter which deal with Human
Rights, namely, Article 1, 13 (1) (b), 55, 56, 62, 68 and
76(c). Article 1 of the Charter includes the promotion and
encouragement of respect for Human Rights and
fundamental freedoms for all without distinctions of race,
sex, language or religion;1 Article 13(1)(b) provides for
assisting in the realization of Human Rights and
fundamental freedoms for all without any distinction;
Article 55 provides for promotion of universal respect for
and observance of Human Rights and fundamental
1
ICJ in Namibia case (1971) noted that to establish and to enforce

distinctions, exclusions, restrictions and limitations, exclusively on
grounds of race, colour, descent or national or ethnic origin, constitute
denial of fundamental Human Rights in flagrant violation of purposes
and principles of the Charter.
75
freedoms for all without any distinction; Article 56 enjoins

member States to take joint and separate action for
achievement of purposes set out in Article 55; Article 62
provides for ECOSOC to make recommendations for
promoting respect for Human Rights; Article 68 empowers
ECOSOC to set up Commission for the promotion of
Human Rights; and Article 76(c) enjoins trusteeship to
encourage respect for Human Rights and fundamental
freedoms for all without any distinction.
These provisions have not only served as the basis for the
United Nations action in the Human Rights field but also
constituted the normative source for many Human Rights
instruments both at the global and regional levels.
2) Provisions under the Universal Declaration of
Human Rights, 1948
The Universal Declaration of Human Rights (1948)
incorporates both civil and political as well as economic,
social and cultural rights. It covers a wide range of rights
viz., right to life, liberty and security of the person, equality
before the law, due process, prohibition of torture, arbitrary
interference with privacy, freedom of movement,
conscience and religion, asylum, expression, assembly; and
social and economic rights, like right to work, equal pay,
social security, etc.
However, since the Declaration was adopted as a legally
non-binding instrument, the question arises as to whether
the Declaration has subsequently become binding either by
way of customary practice of States or general principles of
law. In spite of a robust debate around this issue, no
conclusive opinions have emerged. Nonetheless, it is a
settled position that certain important Human Rights
76
included in the Declaration, have acquired the status of

customary international law; for instance the provisions of
non-discrimination, prohibition against torture and slavery.
The Declaration has acquired a unique nature, which makes
it the basic document of the international law and a
common standard for achievement for all people and all
nations with patent potential to gradually acquire
obligatory character.
3) International Covenant of Civil and Political Rights,
(ICCPR), 1966, and International Covenant of
Economic, Social and Cultural Rights (ICESCR), 1966:
These International Covenants are the first legally binding
Human Rights instruments containing specific Human
Rights, guaranteed to all by virtue of being human. They
contain wide set of rights, like ICCPR ensures the rights of
self-determination; legal redress, equality, life, liberty,
freedom of movement, fair public and speedy trial of
criminal charges, privacy, freedom of expression, thought,
conscience, and religion, peaceful assembly, freedom of
association (including trade union rights and political
parties), family, and participation in public affairs,
forbidding torture; cruel, inhuman or degrading treatment
or punishment, slavery, arbitrary arrest, double jeopardy
and imprisonment for debt.
On the other hand, the rights ensured in the ICESCR
include the right to work; to have safe and healthy working
conditions; to enjoy trade union rights; to receive social
security; to have protection for the family; to possess
adequate housing and clothing; to be free from hunger; to
receive health care; to obtain free public education; and to
77
participate in cultural life, creative activity, and scientific

research.1
G.
THE IDEOLOGICAL CONCEPTION OF

INTERNATIONAL HUMAN RIGHTS
The second half of the 20th century was identified with the
advent of the third world and developing countries. This
on one hand, and on the other, the strong effort of some
European and American thinkers and politicians to push for
Human Rights as one of the main parts of International
Law, resulted in mutual mistrust and confrontation. The
former considered it as imposition of homogenous Western
ideology imbued with political ambitions and interference
in the internal affairs objectives. However, the latter
perceived it as one of the main pillars of the World Peace
and democracy.
Further, some have even described it as one of the features
of the clash of civilizations. This approach would
definitely radicalize the religious conflicts and deepen the
existing gaps. Moreover, such perception of mistrust and
sometimes misunderstanding precluded any fruititions of
effective collaboration between these two societies, which
is of paramount importance in the era of interdependence
and if we are interested in a genuine globalization process.
This article is not primarily intended to conduct any
comparative study between Islam and Western idea of
Human Rights. Nevertheless, it requires cross-reflection in
order to identify the similitude and differences with the aim
1
For further reference see, Training Manual on Human Rights

Monitoring, No. 7, UN Office of the UNHCR, New York and Geneva,
2001.
78
of mutual dialogue and understanding and, to the possible

extent, sharing unified approach.
Although the developed and the developing countries
reached a common stand as regards the importance of
Human Rights, nonetheless they differed concerning the
priorities among these rights.The Western view emphasizes
the basic civil and political rights of individual, that is to
say those rights that take the form of claims limiting the
power of government over the governed. Such Rights
include freedom of expression, assembly, religion and
political participation in the process of government.
However, the consent of the governed is crucial in this
process.1 The approach of former Soviet Union has been
to note the importance of basic rights and freedoms for
inter peace and security, but to emphasize the role of the
State. Therefore, the focus was not upon the individual (as
in Western conception of Human Rights) but solely upon
the State.2 They contended that Human Rights are
implemented by State and are matters basically and
crucially within the domestic jurisdiction of the State.
Having stressed the central function of the State, it was
accordingly pointed out that the nature and context of those
rights would vary from State to State. In other words, they
advocated that only State obligation is incurred with no
direct link to the individual, and that such an obligation
was one that the country might interpret in the light of its
own socio-economic system. Thus, they advocated that
these documents did not represent the rights, directly
enforceable by the individual. Human Rights treaties
established State obligations to citizens, not just to other
1
See e.g., Hauser, A First World View, in Human Rights and

American Foreign Policy (eds. Kommers and Loescher), 1979, p. 85.
2
Shaw, supra n.109, pp. 189-192.
79
State parties to the International Agreement.1 With regard

to different kinds of Human Rights, the Soviet approach
was to stress those dealing with economic and social
matters in the light of its own socio-economic system.
The general approach of the Third World States has
combined elements of both the previous perceptions,2
mainly concerned with the equality and sovereignty of
States, together with recognition of the importance of
social and economic rights. Also, such countries have been
influenced by the decolonization struggle. The traditional
civil and political rights have tended to lose their priority in
the concern of the Third World States as the economic
problems have played a large role in focusing their
attention upon general developmental issues. But this
approach by the end of the 1980s began to change.
The other difference was whether Human Right is a
universal concern or as positivist regarded it in 19th
century, a matter of domestic (or internal) jurisdiction. In
other words, the controversial debate regarding
universalism Vs. cultural relativism.
LIMITATIONS AND DEROGATION OF RIGHTS
Under certain specific conditions, as enunciated under
Article 4 (1) of ICCPR, the States are allowed to impose
1
International Law in an Independent World, 28 Columbia Journal

of Transnational Law, 1990, pp. 291, 300; Dean, Beyond Helsinki:
The Soviet View of Human Rights in International Law, 21 Virginia
Journal of International Law 1980, p. 55.
2
Emerson, The Fate of Human Rights in the Third World, 27 World
Politics, 1975, p. 20; Zvobgo, A Third World View in Human Rights
and American Policy, (ed. Meron), 2 Vols., 1984, p. 90
80
certain limitations in the exercise of some Human Rights.

Therefore, many rights are subject to a limitation or clawback clause in certain situations. However, any limitation
on rights should be seen as the exception, rather than the
rule. Any State exercising the right of derogation, must
satisfy the following criteria: (a) that there should be a
public emergency which threatens the life of a nation, and
(b) that emergency measures must be strictly required by
the exigencies of the situations. In general, such limitations
and restrictions must be those which are determined by law
and are considered necessary in a democratic society to:
(i)
ensure respect for the rights and freedoms of others,
and
(ii)
meet the just requirements of public order, public
health or morals, national security or public safety.1
Article 4 (1) of ICCPR permits State parties to derogate
from 18 Articles in times of officially proclaimed
emergencies. Similar provisions exist both under Article 15
(1) of the European Convention, and Article 27 (1) of the
American Convention.
It is clear from the above discussion that the right of
derogation is very broad. There is, however, a group of
rights in the various international and regional Human
Rights instruments which can never be restricted nor
derogated from, even in times of war or other public
emergency threatening the nations. Article 4 (2) of ICCPR
enumerates seven non-derogable rights; namely, the right
to be free from arbitrary deprivation of life; torture and
1
Procedural limitations are mentioned under Article 4 (3) of ICCPR,

Article 15 (3) of European Convention and Article 27 (3) of the
American Convention.
81
other ill-treatment, slavery, imprisonment for debt,

retroactive penalty, recognition as a person before the law,
and infringement of freedom of thought, conscience, and
religion.1
Yet, other universal instruments which contain nonderogable right are the Four Geneva Conventions of 1949
and Additional Protocols I&II of 1977. These Conventions
are applicable only during armed conflicts. The common
Article 3 of the Four Geneva Conventions provides that in
non-international armed conflicts all Parties involved,
should observe at least certain basic humanitarian
principles. All provisions under Article 3 refer to hard
core rights; it contains an absolute prohibition on
violations. Another non-derogable provision is Article 4 of
the Protocol II, associated to the provisions of victims of
non-international armed conflicts.
Similarly on the regional plane, the European Convention
and the American Convention attempt to constrain States
from suspending fundamental rights through the use of
specific derogation clauses. Article 15 (2) of the European
Convention enumerates these rights as right to life except
in lawful act of war, prohibition of torture, prohibition of
slavery, and non-retroactivity of criminal offences.2
According to the American Convention, these are the rights
to judicial personality, life, humane treatment, freedom
from slavery, freedom from ex post facto laws, freedom of
conscience and religion, right to a family, to a name, rights
1
2
Articles 6, 7, 8 (1), 11, 15, 16 and 18 of ICCPR (respectively).

Articles 2, 3, 4 (1) and 7 of the European Convention (respectively).
82
of a child, right to nationality and participation in the

Government.1
I. HUMAN RIGHTS ENFORCEMENT
MECHANISMS
I. International Mechanisms for Enforcement
1. Human Rights Committee (HRC)
A Human Rights Committee was established under Part IV
of the ICCPR consisting of 18 independent and expert
members, elected by State parties. The power of the
Committee was conferred by the Optional Protocol to the
Civil and Political Rights Covenant, to receive and
consider individual communications, alleging violations of
the Covenant, or by a State Party. The individuals must
have exhausted all available domestic remedies before
approaching the Committee. However, the Committee on
Human Rights is not a Court with the power of issuing
binding decisions. The Optional Protocol also does not
provide for sanctions.
2. Committee on the Elimination of All Forms of
Discrimination (CERD)
Under Part II of the Convention on the Elimination of All
Forms of Discrimination, 1965, a Committee of 18 experts
was established consisting of persons serving in their
personal capacity and elected by the State parties to the
Convention. The Committee considers the reports,
submitted by the state parties regarding the measures
adopted to give effect to the provisions of the Convention
1
Articles 3, 4, 6, 9, 12, 17, 28, 19, 20 and 23 of the American

Convention (respectively).
83
and make suggestions and recommendations. The

Committee reports annually to the General Assembly
through the UN Secretary-General. The Committee is
empowered to receive inter-State complaints and individual
complaints. However, the latter is subject to a declaration
made by the State recognizing the competence of the
Committee.
3. Committee on the Elimination of All Forms of
Discrimination against Women (CEDAW)
The Committee on the Elimination of All Forms of
Discrimination Against Women was established under
Article 17 of the Convention on the Elimination of All
Forms of Discrimination Against Women, 1979, in order to
ensure to women, on equal terms with men and without
discrimination, equality of treatment and opportunity; to
eradicate the practice of female circumcision; to deal with
problems of violence against women and to provide
equality in marriage and family relations. The Committee
is entrusted with the task of overseeing the implementation
of the Convention by the State parties. The Committee
receives periodic reports from the State parties and holds
constructive dialogue with them. The Committee is also
empowered
to
formulate
suggestions
and
recommendations, based on the examination of the state
reports. In addition, the Committee has been recently
granted the authority to receive individual petition or interState complaint under the Optional Protocol to the
Convention.
4. Committee against Torture (CAT)
The Committee against torture was established under Part
II of the Convention against Torture (1984).1 It commenced
1
Signed on 10 December, 1984.
84
its work in 1987. The Committee receives State reports

(Article 19), has an inter-State complaint competence
(Article 21) and may hear individual communications
(Article 22) subject to a declaration made by State,
accepting the competence of the Committee. The conduct
of the reporting procedure bears much resemblance to the
practice of the Human Rights Committee.
Article 20 provides that if the Committee receives any
reliable evidence that torture is being systematically
practised, it may invite Member States to cooperate in
examining the evidence or designate a confidential inquiry.
However, the State Parties have the ability to opt out of this
procedure.
The first three cases before the Committee were
admissibility decisions concerning the communications
against Argentinian legislation exempting junior officers
from liability for acts of torture (1976-83) and its
compatibility with the Torture Convention. It was declared
inadmissible on the ground that the Convention could not
be applied retroactively. However, the Committee
criticized the Argentinian legislation and noted that
Argentina was morally bound to provide a remedy to the
victims of torture.
5. Committee on the Rights of the Child (CRC)
The Convention on the Rights of the Child1 stipulates inter
alia, inherent right to life, to name, to acquire nation,
freedom of thought, conscience, religion, to health. Article
43 provides for the establishment of a Committee, which
submits its reports every two years to the General
Assembly through ECOSOC. As it sets aside time for
1
Adopted on 20 November, 1989.
85
general discussions on particular topics, in 1992, the

Committee discussed the question of children in armed
conflicts. Various follow up measures to the consideration
of reports are provided under the Convention.
6. Committee on the Protection of the Rights of All
Migrant Workers and
Members of their Families
(CMW)
The International Convention on the Protection of the
Rights of All Migrant Workers and Members of their
Families1 includes migrant and seasonal workers, workers
on offshore installations and specified employment
workers, excluding employees of international organization
or official State employees. The Convention seeks to
prevent and eliminate the exploitation of the migrant
workers throughout the migration process by providing a
set of binding international standards to address the
treatment, welfare and Human Rights of both documented
and undocumented migrants, as well as the obligations and
responsibilities on the part of sending and receiving States.
In particular, it seeks to curtail the illegal and clandestine
recruitment and trafficking of migrant workers.
The Convention is monitored by the Committee on the
Protection of the Rights of All Migrant Workers and
Members of their Families. The Committee consists of 10
experts of high moral standing and acknowledged
impartiality, serving in their personal capacity, elected by
the States parties to the Convention.
The Convention obligates the States to provide reports on
measures taken to give effect to the provisions of the
1
Adopted on 18 December 1990.
86
Convention.1 An inter-State complaints procedure is

provided in Article 76. Its Article 77 recognizes the
competence of the Committee to hear individual
complaints, if the State made declaration recognizing the
competence of the Committee in this regard.
7. The Specialized Agencies
7.1
International Labour Organisation (ILO)
ILO was created in 1919 and then expanded in 1946. The

basic principles enunciated in the ILO Constitution are:
Labour is not a commodity; freedom of expression and
association are substantial to the prosperity; and poverty
constitutes a danger to prosperity everywhere. The ILO
Constitution enables the organization to elaborate
international labour standards, whether Conventions or
Recommendations. Under Article 22, States are obligated
to make annual reports to the International Labour Office,
on the measures taken to give effect to the provisions of the
Conventions.
Also, the Office enjoys power to receive representation
made by the employers or workers organizations to the
effect that any of the members have failed to secure
effective observation of any Convention to which it is a
party2 and also review complaints from any member
against another member State concerning implementation
of the provisions and procedures of Convention.3
7.2 United Nations Education, Scientific and Cultural
Organisation (UNESCO):
1
Article 73 of the Convention on the Protection of Rights of Migrant

Workers.
2
Articles 24 and 25.
3
Articles 26-29 and 31-33.
87
The aim of UNESCO is to contribute to peace and security

by promoting collaboration through education, science and
culture. Unlike the ILO, UNESCO has no Constitutional
provision for reviewing complaints concerning the
implementation of Convention Procedure. However, in
1962 a Protocol instituting a Conciliation and Good Offices
Commission, was adopted to help resolve disputes arising
between State parties to the 1960 Convention against
Discrimination in Education. Also, in 1978 by adopting a
decision 104 EX/3.3, UNESCO established a procedure to
handle and examine individual complaints alleging
violations of Human Rights, which fall within UNESCOs
competence in the fields of education, science, culture and
information. In addition, UNESCO may also examine
questions of massive, systematic or flagrant violations of
Human Rights resulting either from a policy contrary to
Human Rights applied by the State or from an
accumulation of individual cases forming a consistent
pattern.
II. Regional Mechanisms for the Protection of

Human Rights.
1. Europe:
As noted above, the European Convention on Human
Rights (1950) together with eight Protocols, covers a wide
variety of primary civil and political rights. Prior to 1998,
there were two levels of machinery established for the
implementation and enforcement of rights provided under
the Convention, namely, a European Commission of
Human Rights, and European Court of Human Rights.
However, after 1998 the Commission has been abolished
and only European Court has been empowered to enforce
the rights guaranteed under the Convention. There are two
types of complaint procedures available under the
88
Convention, namely: (i) an inter-State complaint system,

and (ii) the right of individual application.1
2. America:
The American Convention establishes two types of organs
to supervise the implementation and enforcement of the
rights contained within it, namely, the Inter-American
Commission on Human Rights; and the Inter-American
Court on Human Rights. The Commission promotes
respect for and defence of Human Rights. Individuals,
groups and non-governmental organizations may file
complaints with the Commission alleging violations of the
American Convention by the State parties. Furthermore,
the Convention also provides that the State parties may
complain to Commission of violations by other State
parties. However, the power of the Commission is more
recommendatory in nature. The Inter-American Court is
granted Contentious jurisdiction2 and consultative or
advisory jurisdiction.3 The decision of the Court is binding
upon the parties.
3. Africa:
The crucial task of enforcing the rights enshrined in the
Charter, is entrusted to the African Commission on Human
and Peoples Rights. The Commission comprises 11
members. The functions of the Commission may be
1
There is also a provision for occasional reports by States on their

compliance with the Convention (Article 57), but the procedure was
seldom used.
2
Permits Court to decide specific claims related to the interpretation
and application of the provisions of the Convention.
3
To render opinions regarding controversies on the interpretation of
the Convention and other treaties concerning the protection of human
rights in American States or regarding the compatibility of any
domestic laws with other Treaties.
89
summarized as promoting, protecting, and interpreting and

executing any other tasks that entrusted to it by the
Assembly of Heads of State and Government. The
protective and interpretive mandate entrusted to the
Commission, appears to vest quasi-judicial and judicial
legislative functions in the Commission. To fulfill its
protective mandate, the Commission is empowered to
consider inter-State communications under Articles 47-54.
It is also mandated to consider communications from
individuals and NGOs under Article 55 of the Convention.
***
90
Human Rights and Social Spirituality

Swami Agnivesh*
Introduction
The Human Rights movement is a significant offshoot of
humanitys march from the medieval to the modern world.
Though presupposing a religious worldview, from which
the rationale for the worth and significance of the human
person are derived, it has been domesticated more within a
secular frame of references.
Some of the problems that we see in the pursuit of giving
effect to Human Rights charters, stem from this source.
Moving steadily away from its spiritual ambience, the
Human Rights discourse took an increasingly legalistic and
confliction overtones, an outcome that was almost
inevitable within the paradigm of power, which shapes the
affairs of the world. In the secular worldview, economics,
politics and law shape human life in its public or corporate
dimension. Religion is deemed extraneous to the secular
proprieties. But it is religion or spirituality that shapes the
deepest layers of human life. For the individual, the idea of
Human Rights still purchases its punch from the
supernatural roots of human existence. A human being as a
mere item of mortality embedded in a politico-economic
process, a faceless particle in the burgeoning collectivity, is
*
Address : 7, Jantar Mantar Road, New Delhi
91
not an ideal candidate for the blessings of Human Rights in

their full implications. Hence, it is that the ambit of Human
Rights, despite the international sanction they have on
paper, is not spacious enough to embrace the aspirations
especially of peoples in the developing countries. To define
the human person in materialistic and economic terms is to
riddle the Human Rights discourse with discrepancies and
discrimination.The burden of my argument here is that the
Human Rights movement to fulfill its mandate, must
enunciate for itself a spiritual frame of reference. To
withdraw the umbrella of spirituality from the human
horizon, is to turn individuals into cosmic orphans,
vulnerable to the vagaries of political, economic and
cultural variables. The idea of the intrinsic worth of a
human being, undiluted by the accidents of birth or wealth,
is a mirage in a secular worldview. To be fair to
secularism, it needs to be noted that Europe had enough
reasons and provocations to insist on the separation
between the State and the Church in the interest of peace
and harmony in the public space. Seemingly, interminable
sectarian conflicts, resulting in immense bloodshed and
unspeakable suffering in the name of religion, forced the
conclusion on Europe that nothing less than a total divorce
between religion and politics would ensure peace and
harmony in society. From a historical perspective,
therefore, secularism implies a negative response to the
human predicament in the religio-political domain. While
this is wholly understandable, it needs to be noted that this
is not a reflection either on religion or on spirituality, but
on the degradation and depravity besetting the religious
establishments of the time. Even today, religion as
religion, in more instances than not, could be a hindrance
than help in the Human Rights discourse. Not unlike the
medieval scenario, religion today functions as a
92
contradiction of spirituality. It becomes imperative in this

context, hence, to fix the broad markers of the spiritual
vision and its interface with Human Rights, Religion and
Spirituality.
The domain of religion is shaped by the dynamics of
conformity. Religion believes in the law of change. But it
is change in a limited and regulated sense of the term.
Religions seek to coerce the world around to conform to its
norms and notions. What refuses to cooperate with this
process, tends to be stigmatized and excluded. Religion is
driven by the pro-status quo instinct. The main reason for
this is the ascendancy of a class in the religious
establishment. As a rule, those who enjoy the privileges
and benefits of a system, are averse to changing it. Also,
the elite in every context enjoys the intellectual and
ideological tools by which to manipulate the perceptions
and apprehensions of the masses. They succeed in
spreading anxiety in the masses vis--vis any reform in
respect of religion. This explains why religious reform is
easily the riskiest vocation that a person can undertake.
That is not the case with spirituality. Spirituality also seeks
to bring about change. But that change is not the process of
fitting everything into a fixed framework. It is a change
from what is to what might well be, a change from the real
to the ideal. Spirituality is a continual endeavour to bring
out the best potential, latent in every person or society. It is
on account of its tendency to foster a spirit of escapism that
religion stands in danger of becoming the opium of the
masses. Now, opium is deceptive nourishment. While true
nourishment seeks to enable, opium disables its consumers
from engaging the world and its realities. The tragedy of
escapist religiosity is that it forestalls the spiritual growth
of the people. Spirituality, in a sense, is stamina. It takes a
93
lot of spiritual stamina to engage the world. The true

purpose of religion is to enhance people's spiritual stamina
to impact the world around them. At the core of the
spirituality of engagement is the concern to bridge the gulf
between religious knowledge and social action. It is not
enough that we know. The spiritual task is to bridge the
gulf between knowledge and action. This bride is
compassion. Compassion is the ability to love others in
deeds not less than in words. Love is dynamic. It seeks to
respond in a state of empathy. Conventional religiosity
preaches love but denies it in action. It must be deemed
axiomatic that our love for the world will grow and deepen
only when we engage it. That is true even of parental love.
Parents love their children and children reciprocate their
love only because they engage each other in active love.
Now, the world around us may be addressed from two
different paradigms. The entrepreneur, not less than the
man of God, addresses the world around him. Often times,
a thief is more sensitive to and aware of the surrounding
world than the religious saint. It is not enough to address
the world. The crucial thing is why we want to do so and to
what effect? While unspiritual religiosity -much like
commercial enterprise-addresses the world from the
perspective of taking the spirituality of engagement,
responds to the world around with a spirit of giving. God
is the eternal Giver. The spiritual task is for ourselves to
become the conduit for the generosity of God. Generosity
is not mere charity; charity by giving in a superfluous way.
It is not only material resources that God gives. It is a
comprehensive framework for total human well-being in a
spiritually wholesome fashion. Applied spirituality or the
spirituality of engagement cannot develop, unless this
shifts from the self to the other. Founded in God, it is
welcomed and internalized. The power of spirituality
94
derives from its connectivity, as we observe in case of the

flow of electricity as well. For power to flow the two
terminals must be connected. Applied spirituality connects
God Who is the positive terminal of the Universe with the
whole of creation, which is the negative terminal.
Whenever religious enlightenment takes place, this pattern
becomes evident. In the absence of the true manifestation
of the power of God, this world has been filled with the
demonstration of the power of man. That is true also of the
domain of religion. In the gigantic structures and massive
establishments we have built up in the name of religion,
there is hardly any space for the revelation of the glory of
God. God is an outsider, the excluded One, vis--vis our
edifice of religiosity.
The first and foremost requirement to turn religion into an
invitation to address the world around, is to invite God to
come into our spirituality. But God will not do so on our
terms and fit into our narrow frameworks. Our religiosity is
too narrow for God Whose presence fills the Cosmos. Our
pettiness is too mean for the majesty of God's sovereign
sanctity. The coming in of God will, hence, be experienced
as an explosion of heresy. We must have the spiritual
robustness to withstand this religious trauma. Spirituality is
a sphere of ever-expanding responsibility. That is why it is
also a medium of mankind's ongoing evolution. In respect
of religion, it may be adequate to mind one's own welfare,
but that is never the case with spirituality. Spirituality is a
vision that insists that one's welfare is coterminous with the
welfare of society. That is because spirituality presupposes
a holistic vision in which all the parts dwell organically
within the whole and the whole dwells in the parts. One
part cannot thrive at the expense of the other. Engagement
is the dynamic of liberation and empowerment. The
95
tragedy with the prevailing popular idea of religion is that

its goal is reduced to having rather than being. Getting
some blessings or enjoying some privileges is a sufficient
goal in the having mode of religiosity. But in the being
mode of spirituality, the irreducible goal is the full
unfolding of the potential and scope of our humanity. It is
the empowerment to be fully human.
The core idea in spirituality, as relevant to Human Rights,
is the natural and supernatural significance of the human
person. It is because of this immense worth that justice
becomes an issue of immense spiritual significance. But
justice in this context is to be understood in a pro-active
rather than negative sense. Justice is not merely the
absence of hurt or hindrance, but the presence or
availability of those conditions that are essential for all
persons to attain the fullness of the potential latent in him
or her. The spiritual paradox is that the essential rationale
for Human Rights must be derived from a source higher
than that of human beings. Historically, the need for this is
that human beings have been notoriously unable or
unwilling to treat each other justly and fairly. History
records mans cruelty to man. Given the dynamics of
power as exercised by human beings, justice is the
prerogative or the affluent and the powerful. Human worth
gets defined in materialistic terms in terms of what a
person has and not who he is. Intrinsic human worth is
alien to the non-spiritual cultures.
The basic flaw of materialism is that it facilitates the
gradual suppression of human beings by material things.
Human beings become mere adjuncts to the material
scheme of things. The balance between man and material is
lost. This has serious implications for Human Rights. The
96
basic business of social spirituality is to safeguard human

worth as a universal imperative. The equal worth of all
human beings, despite a bewildering diversity of functions
and material circumstances, is the corner stone of social
spirituality. This, and this alone, is a sufficient foundation
for Human Rights discourse. The history of the Human
Rights movement reveals that a conflictual element inheres
in the Human Rights discourse. It pits, for example, the
rights of the individual against those of the group. There is
an implicit, nonetheless important, conflict between the
rights of the powerful nations and those of the poorer
nations, for nations too are individuals among the comity
of nations. The more powerful among the nations of the
world will have their way, irrespective of the facts and
circumstances of the given situation. It does not have to be
argued that such a situation cannot be harmonized with the
dictates of Human Rights.
Even more importantly, an unwavering insistence on the
full scope of social justice is a basic requirement for giving
meaning and effect to the mandates of Human Rights.
Where social justice is merely notional, as it is the case in
India, the prescriptions of Human Rights will remain a
theory to which lip service is paid from time to time. We
have, for instance, one of the most enlightened
Constitutions in the world. But its provisions have not been
made available to the weaker sections of our society
because of the virtual absence of social spirituality in the
Indian context.In place of social spirituality, we have an
alarming rise in popular religiosity that is ready at any
given point in time to degenerate into aggressive
communalism. All over the world, religiosity of the
Extreme Right becomes a cover up for communalism,
corruption and exploitation, all of which are inimical to the
97
cause of Human Rights. The moral of the story is that

Human Rights cannot be thought out and pursued in
isolation from the reigning social realities. Human Rights
are an index to the spiritual status of the given society.
They are also a catalyst to awaken its dormant spirituality.
Social spirituality is to Human Rights what fire is to light.
One implies the other; and it is high time we realize this
glaring truth.
***
98
ISLAM AND THE HUMAN RIGHTS

Professor Muhammad Rafique*
The harmonious and peaceful working of a society is
intimately connected with performance and observance of
duties and rights of the individuals comprising that society.
Not only this, the same action is duty for a person and right
for another Person. For example, the service and respect of
the parents is the duty of their children; whereas the same
is the right of the parents incumbent upon their children.
That is to say, to every right we have a duty corresponding
to it. If the equilibrium between the duties and rights is
disturbed, it will result in discords and conflicts in a
society. So far as the Islamic position is concerned in this
regard, God will take account of the observance of duties
concerning Him (violation of which He can forgive if He
likes, but the violation of the rights and duties concerning
human beings can be forgiven only with the concurrence of
the individuals who have been so wronged). In fact,
according to the Holy Qur'an, there are strict punishments
here and in the Hereafter for infringing the rights. There is
a complete and comprehensive range of these rights and
corresponding punishments, which have been mentioned in
the Holy Quran and the Islamic Law. Sharia has been
framed accordingly. That is why, from the very dawn of
*
Ex Dean Faculty of Arts and Chairman, Department of Philosophy,

Aligarh Muslim University, Aligarh
99
civilization, the question of Human Rights has been

conspicuous in the human mind. The question of Human
Rights has been marked, more often than not, by their
violations than their observance. Every religion in its own
way has prescribed the Human Rights. As we know, many
Human Rights such as the unassailable right to life,
freedom, justice and equality were violated by the
injunctions of certain religions. To give a few example
maidens were thrown in the swollen river in order to pacify
it; in some societies the young girls were buried alive in
order to save the honor of the family; caste-based
unsociability was practised as a religious duty, women
were denied rights to divorce and right to own property;
burning of the married women on their husbands pyres,
are some of the examples of the blatant violations of the
Human Rights. Sometimes religion was just a matter of
compulsion rather than a matter of free choice, and justice
depended entirely on the caprice of the headman or the
king. Fourteen hundred years ago, Islam inundated all the
rights of the human beings which the world can think of,
through their revelation in the Holy Quran. Here the
sanction for implementing them comes from God Himself
who is our Guardian and is watching our actions. He will
take account of all our actions and will reward or punish us
in the Hereafter according to the instructions in the Holy
Quran. It is surprising that about fourteen centuries ago,
Islam upheld all these Rights, which have now been
propounded, only about fifty years back by the so-called
civilized world in the form of UN Universal Declaration of
Human Rights.
The situation of the Human Rights had been so alarming
throughout the world that on 10th December, 1948, the
United Nations General Assembly adopted and proclaimed
100
the Universal Declaration of Human Rights. It was

supposed that each country would have to follow and
implement the Human Rights, mentioned in the said
Charter of the UNO. We have seen time and again that the
UNO has found itself helpless in getting these rights
implemented. At best, they have been only pious
resolutions on paper or fond hopes and aspirations. The
UNO time and again has found it self-helpless in getting its
resolutions implemented. We all know that Iraq was
recently attacked and plundered (and still it remains so) by
the USA and allied forces much against the wishes of the
UNO. On the pattern of UN Charter of Human Rights,
International Muslim Countries Organization has also
codified together all the Human Rights taken from the Holy
Quran and Hadth in the form of the Universal Islamic
Declaration of Human Rights. The same was upheld and
publicized at Paris on 19th September 1981 by the
Secretary General of the Organization. In the Foreword to
this Universal Islamic Declaration of Human Rights, the
Secretary General of the Organization of the Islamic
Countries, remarked:
This Declaration of Human Rights is the second
fundamental document proclaimed by the Islamic Council
to mark the beginning of the 15th Century of the Islamic
era, the first being the Universal Islamic Declaration
announced at the International Conference on The Prophet
Muhammad(e) (peace and blessings be upon him) and his
Message, held in London from 12 to 15 April, 1980.
The Universal Islamic Declaration of Human Rights is
based on the Holy Quran and the Sunnah and has been
compiled by eminent Muslim scholars, jurists and
representatives of Islamic movements and thought, May
101
God reward them all for their efforts and guide us along the
right path.
Maulana Abul-Al Mawdd, writing on the Human
Rights in Islam, 1 distinguishes between the Western and
Islamic approach to them. In fact, he criticizes the Western
approach as they take credit for themselves for everything
good and beneficial. Moreover, the rights they have
affirmed in the UN Charter have no binding force in them
and they keep on being violated by the different countries
with impunity. However, according to him, Islamic
approach gets sanctions from the Holy Quran and Sunnah,
and that the violation of these rights would lead to
punishment here and eternal damnation in the hell in the
Hereafter. Therefore, he remarks:
The second point which I would like to clarify at the very
outset, is that 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, could 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 God has conferred Human
Rights, no legislative assembly in the world, or any
government on earth has the right or authority to make any
amendment or change in these rights. No one has the right
to abrogate them or withdraw them, neither are they the
basic Human Rights which are conferred merely on paper
for the sake of show and exhibition and are denied in actual
1
al-Tawhd Journal Vol. IV No. 3 Rajab-Ramadhan, 1407
102
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 to
anybody while the latter is applicable to every believer.
They are part and parcel of the Islamic Faith. Every
Muslim or administrator who claims 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 individuals
and governments is clear and unequivocal:
Those who do not judge by what God has sent down,
are the disbelievers. 1
It will be seen that the dignity of the human beings depends
on the observance of Human Rights. Seeing the dismal
record of certain religions in violating these rights, some
philosophical theories, e.g., Humanism has sought to
emphasize the practice of these rights in its own way
without resorting to religions for the purpose. Thus, the
centrality of man in the universe and its insistence on
heartfelt goodness as opposed to formalistic piety,
(Britannica 2001 Deluxe Edition CD-ROM) has been
stressed by Humanism but again the theory is teethless in
the event of the violation of these precepts.
It is now time to see the various Human Rights, which have
been stressed in Islam.
1
al-Maida, 5:44
103
RIGHT TO LIFE:
Fundamental of al1 rights is the right to life and personal
safety. All other rights are just subservient to it. In the past,
it has been dependent on the sweet will of the kings and
headmen. It has been sacrificed time and again to propitiate
certain evils. To Islam, life is sacred and human life cannot
be destroyed wantonly or for warding off any evil except as
retaliation and retribution for murder or killing in a just
war. We shall just now quote the relevant Verses of the
Holy Quran in this regard:
Nor take life - which Allah Has made sacred except
for just cause. And if anyone is slain wrongfully, We
have given his heir authority (to demand Qiss or to
forgive); but let him not exceed bounds in the matter
of taking life1
Take not life, which Al1ah hath made sacred, except
by way of justice and law. Thus doth He command you
that ye may learn wisdom.2
As a matter of fact, taking one life is equivalent to killing
of the whole humanity in the eyes of the Holy Quran:
... if any one slew a person - unless it be for murder
or for spreading mischief in the land it would be as if
He slew the whole people: And if anyone saved a life it
would be as if he saved the life of the whole people.3
According to the Holy Quran, the war against those people
is justified, who commit oppression and mischief against
the innocent people. However, if these oppressors desist
1
2
3
Bani lsrail, 17: 33

Al- An'am, 6: 151
Al-Maida, 5 : 32
104
from creating tumult, the Muslims are also required to stop

hostilities against them. Thus, we read in the Qur'an :
Fight in the cause of Allah those who fight you but
do not transgress limits, for Allah loveth not
transgressors.1
But if they cease let there be no hostility, except to
those who practise oppression.2
From the sacredness of life, it follows automatically that
the abortion and infanticide are great sins against which
Muslims are exhorted to guard themselves. By the same
argument the female infanticide is forbidden. Let us see the
relevant Verses of the Holy Quran in this regard :
Kill not your children for fear of want: We shall
provide sustenance for them as well as for you.
Verily, killing of them is a great sin3
This right to life is universal. That is to say, this right is a
fundamental right of all human beings, whether Muslim or
Non-Muslim. We may quote a Hadth of our Holy Prophet
[p.b.u.h.] who had remarked:
One who kills a man under Covenant (i.e. a dhimmi),
will not even smell the fragrance of Paradise4.
It is now time to see what has been said in the UN Charter
of Human Rights regarding the inalienable right to life. The
same is contained in its Article 3, which reads thus:
Everyone has right to life, liberty and security of
person.
1
2
3
4
Al-Baqarah, 2: 190
Al-Baqarah, 2 : 193
Bani Israil, 17 : 31
Bukhri and Ab Dwd
105
It will be interesting to see how this right to life has been

spelled out in the Universal Islamic Declaration of Human
Rights. It reads as under:
Right to Life
a) Human life is sacred and inviolable and every effort
shall be made to protect it. In particular, no one shall be
exposed to injury or death except under the authority of the
Law.
b) Just as in life, so also after death, the sanctity of a
person's body shall be inviolable. It is the obligation of
believers to see that a deceased person's body is handled
with due solemnity.
2. RIGHT TO EQUALITY:
We now come to discuss the right to equality whose
violation greatly undermines and tramples the dignity of
man. From the very inception of Islam, the distinction
between man and man on the basis of colour, caste and
creed or nationality was done away with. The following
Verses of the Holy Quran may be seen in the affirmation
of the right to equality:
O mankind! We created you from a single (pair) of a
male and a female, and made you into Nations and
tribes, that ye may know each other (Not that ye may
despise each other).1
All the men of the world are one and equal. Even the
women in matter of rights are also equal to men - if
anything, the distinction in them is on the basis of the
degree of righteousness and virtue in them. This was even
more clearly brought to focus in the Sermon of the Prophet
1
al-Hujurat, 49 : 13
106
Muhammad (e) on the occasion of his farewell

pilgrimage. Therein he said:
All mankind is from Adam and Eve, an Arab has no
superiority over a non-Arab, nor a non-Arab has any
superiority over an Arab; also a white has no
superiority over black, nor a black has any superiority
over white except by piety and good action. Learn that
every Muslim is a brother to every Muslim and that
the Muslims constitute one brotherhood. Nothing shall
be legitimate to a Muslim which belongs to a fellow
Muslim unless it was given freely and willingly.1
However, much before that, after the conquest of Medina,
Prophet Muhammad e entered the first Covenant with the
citizens, which granted full freedom of religion and
equality to all without any discrimination. The Treaty
further specified: the guilty will be punished whatever
their faith that both would be called upon to defend the
State when need arose. One author regards this Treaty as a
great Charter of the freedom of conscience and common
citizenship.2 Similarly, the Holy Prophet gave Charter of
freedom to the Christians of Najrn, assuring them of their
lives, property and religion, that they would have full
liberty to practice their faith, that no bishop, monk or priest
would be removed from his office, that no image or cross
would be destroyed, that no tithes would be levied from
them and that they would not be required to furnish any
troops.3.
Bukhri and Ab Dwd

Haroon Khan Sherwani: Studies in Muslim Political Thought and
Administration., Lahore, 1945, p. 20
3
Ibid, pp. 20-21
2
107
In the same veins, we can find the Arab General, Khlid

Ibn Wald who subjugated the Christian Kingdom of Hir
in Arabia during the rein of first Caliph, Ab Bakr, is said
to have guaranteed the lives, liberty and property of the
Christians, when he declared: They shall not be prevented
from playing Nakus (a sort of musical instrument) and
taking out their crosses on occasions of festivals.1 The
result of such a religious freedom to other religionists was
this that non-Muslims could practise their religion freely
and build temples, churches and synagogues within the
Caliphate. Not only this, they were allowed to occupy high
offices, military or civic, in the Muslim State. Even the
Mughals here in India followed the same tradition.
This right to equality found expression in the UN Charter
of Human Rights' Article No. 1, which reads thus:
All human beings are born free and equal in dignity
and rights. They are endowed with reason and
conscience and should act towards one another in a
spirit of brotherhood.
The Charters Article No. 7 also corroborates the same
rights. It reads:
All are equal before the Law and are entitled without
any discrimination to equal protection of the law. All
are entitled to equal protection against any
discrimination in violation of this Declaration and
against any incitement to such discrimination.
The right to equality finds expression in the Universal
Islamic Declaration of Human Rights in the following way:
Ab Ysuf: Kitb-ul-Khirj, p. 84.
108
1. Right to Freedom
a) Man is born free. No inroads shall be made on his
right to liberty except under the authority and in due
process of the Law.
b) Every individual and every people has the in alienable
right to freedom in all of it forms, physical, cultural,
economic and political - and shall be entitled to struggle by
all available means against any infringement or abrogation
of this right; and every oppressed individual or people has
a legitimate claim to the support of other individuals and/or
peoples in such a struggle.
2. Right to Equality and Prohibition against
Impermissible Discrimination
a) All persons are equal before the Law and are entitled
to equal opportunities and protection of the Law.
b) All persons shall be entitled to equal wage for equal
work.
c) No person shall be denied the opportunity to work or
be discriminated against in any manner or exposed to
greater physical risk by reason of religious belief, colour,
race, origin, sex or language.
3. Right to Conscience and Freedom of Religion
Right to the freedom of conscience and freedom of religion
is very fundamental to the dignity and honour of man.
Whatever his choice in this regard, it should be a matter of
free will and there should be no compulsion in this matter.
A man should make a choice after thorough deliberation
and reflection. The Holy Quran is very specific and clear
on the subject. It says:
109
Let there be no compulsion in religion: Truth stands

out Clear from Error-1
Another Verse of the Holy Quran allows the Non-Muslims
to continue to worship false gods if they so like but for
Muslims it is Allah Whom they worship. The two will not
follow each other. Therefore, it says to the Non-Muslims:
To you be your Way and to me mine. 2
Let us see how this right to conscience found expression in
the UN Charter of Human Rights during the preceding
century. It reads as mentioned in its Article No. 18:
Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either
alone or in community with others and in public or
private, to manifest his religion or belief in teaching,
practice, worship and observance.
In the Islamic Charter the above-mentioned right finds its
expression in the following language:
Right to Freedom of Religion

Every person has the right to freedom of conscience and
worship in accordance with his religious beliefs.
4. Rights of Married Women:
When the children, whether male or female, are young,
they generally receive equal love and care by the family
1
2
al-Baqarah, 2 : 256
al-Kafirun, 109 : 6
110
and the society. It is when a woman is married, all kinds of

discrimination, oppression and injustice are committed
against her. Islam from the very beginning granted to
women a11 the rights which were desirable from the point
of view of peace, happiness and harmony in the family. To
begin with no marriage could be contracted without the
expressed and verbal consent of the bride and the groom.
Both were free to abrogate the wedlock, through Talq and
Khula', in the event of dissatisfaction. The women are
entitled to own and inherit the property according to the
rules of Sharia'. The women should be treated well. Where
a man wants to have more then one wife, it is binding upon
him that he makes no discrimination between them in
treating all of them fairly. The Holy Quran is very specific
on the point that a man should take only one wife if he
fears that he will not be able to deal justly between them.
Both are entitled to seek knowledge and the same religious
duties and rights are enjoined upon them, and both will be
subjected on the Day of Judgment to giving an account of
their actions in the world, and both virtuous men and
women will be entitled to enter the heaven in the Hereafter.
Considering the human nature, the Holy Quran exhorts its
followers to have only one wife since they will not be able
to do justice if they have more than one wife.
Ye are never able to do justice between wives, even if
it is your ardent desire. 1
Let us see how the Holy Prophet in his last Sermon in the
Farewell Pilgrimage advised Muslims to be mindful of the
mutual rights and duties of their spouses. He said:
O People! It is true that you have certain rights with
regard to your women but they also have rights over
1
al-Nisa, 4:129
111
you. Remember that you have taken them as your

wives only under Allah's trust and with His
permission. If they abide by your right then to them
belongs the right to be fed and clothed in kindness. Do
treat your women well and be kind to them for they are
your partners and committed helpers. And it is your
right that they do not make friends with anyone of
whom you do not approve, as well as never to be
unchaste.
Let us see how womans rights find expression in the UN
Charter. The same is contained in its Article No. 16, given
below:
(1) Men and women of full age, without any limitation
due to race, nationality or religion, have the right to marry
and to found a family. They are comitted to equal rights as
to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and
full consent of the intending spouses.
5. Right to Found a Family and Related Matters
As mentioned in the beginning, the Universal Islamic
Declaration of Human Rights has enunciated the Charter of
Human Rights in Islam. Under Section XIX, the Charter
explains the rights under the above head, in the following
way:
a) Every person is entitled to marry, to found a family and
to bring up children in conformity with his religion,
traditions and culture. Every spouse is entitled to such
rights and privileges and carries such obligations as are
stipulated by the Law.
b) Each of the partners in a marriage is entitled to respect
and consideration from the other.
112
c) Every husband is obligated to maintain his wife and

children according to his means.
d) Every child has the right to be maintained and properly
brought up by its parents, it being forbidden that
children are made to work at an early age or that any
burden is put on them which would arrest or harm their
natural development.
e) If parents are for some reason unable to discharge their
obligations towards a child, it becomes the
responsibility of the community to fulfill these
obligations at public expense.
f) Every person is entitled to material support, as well as
care and protection from his family during his
childhood, old age or incapacity. Parents are entitled to
material support as well as care and protection from
their children.
g) Motherhood is entitled to special respect, care and
assistance on the part of the family and the public
organs of the community (ummah).
h) Within the family, men and women are to share in their
obligations and responsibilities according to their sex,
their natural endowments, talents and inclinations,
bearing in mind their common responsibilities toward
their progeny and their relatives.
i) No person may be married against his or her will, or
lose or suffer diminution of legal personality on
account of marriage
Let us see how the above rights found expression in the UN
Charter. The same is given in its Article No. 25 which
reads as follows:
113
Article 25:
(1) Everyone has the right to a standard of living
adequate for the health and well being of himself and of his
family, including food, clothing, housing and medical care
and necessary social services, and the right to security in
the event of unemployment, sickness, disability,
widowhood, old age or lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
6. Right to Justice:
This right according to Islam is also universal which is to
be administered according to the Islamic Law. While doing
justice, there should be no distinction between Muslims
and Non-Muslims, high or low, rich or poor, king or
subject, kith or kin or general public, friend or foe. The
Holy Quran is very specific on the point. It says:
O ye who believe! Stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be (against) rich
or poor: For Allah can protect both. Follow not the
lusts (of your hearts), lest ye distort (justice) or
decline to do justice, verily Allah is well-acquainted
with all that ye do.1
7. Right to Privacy and Security:
Islam is strictly against interfering with the private life of
each and every person. That is why, according to Islam,
entering somebodys or even one's own house without the
clear and express permission of the occupants, peeping or
1
al-Nisa, 4:135
114
peering in others houses, spying on one another,

backbiting, false accusations or making fun of anybody is
prohibited. We can see the ill effects of these evils in
disturbing the peace and happiness in the society as often
they result in strives and quarrels. Thus, the Holy Quran
says:
O ye who believe! Avoid suspicion as much (as
possible): for suspicion in some cases is a sin: And spy
not on each other, nor speak ill of each other behind
their backs. Would any of you like to eat the flesh of
his dead brother? Nay, ye would abhor it.1
And again:
If ye find no one (that is if no one replies) in the
house, enter not until permission is given to you: if ye
are asked to go back, go back: That makes far greater
purity for your selves and Al1ah Knows well that ye
do.2
Position of Slaves in Islam
Maulana Abul-Ala Mawddi, writing on the position of
the slaves in Islam and in the West, remarks that the socalled civilized Western nations, America in particular,
transported thousands of black Africans for slave trade in
America. They were treated inhumanly and put to work
like animals. It is only lately that apartheid has been legally
banned; though discrimination against them still persists.
The Maulana writes: This is the record of the people who
denounce Muslims day and night for recognizing the
institution of slavery. It is as if a criminal is holding his
finger of blame towards an innocent man. So far as Islam
1
2
al-Hujurat, 49:12
al-Nur, 24:28
115
is concerned, it tried to solve the problem of the slaves in

Arabia by encouraging the people in different ways to set
their slaves free. The Muslims were ordered that in
expiation of some of their sins, they should set their slaves
free. Freeing a slave by one's own free will was declared to
be an act of great merit, so much so that it was said that
every limb of the man who manumits a slave, would be
protected from hell-fire in lieu of the limb of the slave,
freed by him. The result of this policy was that by the time
the period of the Rightly-Guided Caliphs was reached, all
the old slaves of Arabia were liberated. Not only this,
Muslims were exhorted to treat the slaves equally in
matters of food and clothing and they were encouraged to
forge matrimony with the slaves. As we are talking about a
period dating fourteen hundred years back, we can see how
revolutionary were the measures taken by Islam in order to
ameliorate the condition of the slaves.
Islam has, as we know, laid great emphasis on the
chastity and modesty on the part of both the sexes, and it
has fixed the punishment of death by stoning for the
transgressors in this matter. We also know that because of
laxity in the matter of sexual morality in the Western
countries there emerge unwanted pregnancies, unwedded
motherhood and fragile family-system. This has made the
whole Western society thoroughly sick, chaotic and
susceptible to fatal diseases like AIDS. All this can be
countered by laying stress on the right of women to be
respected and their chastity protected. Similarly, there are
rights to own property, rights to migrate and seek asylum in
order to avoid persecution. We are not mentioning all the
rights comprehensively; we have made repeated references
to the Universal Declaration of Human Rights by the UN
Charter. We do not find fault with the document itself.
116
Certainly, the architects of this Charter might have drawn

great help from the teachings of Islam. However, what is
lacking, is the binding force on the countries of the world.
So far as the rights as enunciated in the Universal Islamic
Declaration of Human Rights are concerned, we find that
all the rights have been mentioned in the Charter and even
more. But here the Laws of Sharia will not only punish the
violators of these rights but greater and ever-abiding
punishment in the hell is waiting for them in the Hereafter.
Thus, the whole of the career of the violators is at stake. As
a matter of fact, this applies to all the injunctions of the
Holy Quran and Sunnah. That is, if one becomes
unmindful and careless regarding his religious and social
responsibilities, he is liable to punishment both here and in
the Hereafter.
***
117

Professor Saud Alam Qasmi*
The modern phenomena of intolerance, exploitation,
oppression, injustice and subjugation of weaker nations,
communities and sections of the society by the strong and
powerful all over the world, are matters of grave concern
today.
Abuse of power by many governments including some
Muslim governments and law enforcing agencies, pose
threat to life, honour and dignity of the people. U.S.A. the
most powerful country in the world today and selfappointed champion of civil liberties, has grievously
violated Human Rights more notably in Vietnam,
Afghanistan and Iraq.
Its abuse and sub-human treatment of the prisoners in
Guantanamo and Iraq put the most dictatorial regimes to
shame.
In such a global scenario, Human Rights agencies are
raising their voices against the gross violation of Human
Rights. But the Muslim Ummah has failed to prove its
existence and play its legitimate role in this very crucial
*
Chairman of the Department of Sunni Theology, Aligarh Muslim

University, Aligarh
118
area. The Muslims largely remained silent spectators, while

they should have played a very active role with full
determination to defend Human Rights as these rights were
in real sense conferred by God and fully protected by their
religion.
The Muslims rightly take pride in the fact that Islam was
the first to introduce a code of Human Rights and Prophet
Muhammed(e) took every possible measure to protect and
implement it, particularly as given in his last Sermon of
Hajj, better known as Khutba-Hajjatulwada.
Islam gave an ideal Code of Human Rights to mankind in
an era when humanity was grooming under the unbearable
burden of injustice, oppression and ignorance, and the
oppressed and the downtrodden were denied all Human
Rights. Women were treated like slaves and slaves were
treated worst than animals.
Mission of the Holy Prophet:
Islam emancipated mankind from every form of oppression
and subjugation. The Holy Quran introduced the goal and
mission of the last Prophet by saying: Those who follow
the Messenger, the umm Prophet, whom they find
mentioned in their own (scriptures); in the Taurat and the
Gospel, commands them what is just and forbids them
from what is evil; he allows them what is lawful, what is
good, and prohibits them from what is bad, he releases
them from their heavy burdens and from the yokes. (alAraf:157).
Dignity of the Mankind:
Islam greatly elevated the status of man and declared his
superiority over all the creatures. Almighty Allah has given
119
special position to him in the universe. The Holy Quran

explains: We have indeed created man in the best of
moulds (At-Tn: 4).
The Holy Quran further elaborates: We have honoured
the sons of Adam; provided them with transport on land
and sea; given them for sustenance things good and pure
and conferred on them special favours above a great part
of our creation. (Ban Isr`l:70).
Unity of the Mankind:
Islam gives a powerful impetus to mankind for unity,
equality and brotherhood. Islam asserts that the origin of
human beings is one, Creator is also One, and hence, all
human beings must be considered and treated as one and
equal without any discrimination on the basis of caste and
colour. The Holy Quran says :
O Mankind: We created you from a single (pair) of
male and female and made you into nations and tribes
that you may know each other (not that you despise
each other). Verily, the most honoured of you in the
sight of Allah is he who is the most righteous of you.
(al-Hujart : 13).
It is, therefore, a gross violation of the teachings of the
Holy Quran to make any kind of distinction between man
and man except on the basis of piety.
Equality of the Mankind:
Prophet Muhammed(e) in his lifes last Sermon in the
valley of Arafat commanded :
No Arab has superiority over a Non-Arab, nor is a white
any way better than a black. The only criterion for the
120
superiority and respectability is the one having the element

of piety. All human beings are the off-spring of Adam and
the very existence of Adam was from clay.
Demolishing the distinctions on the basis of caste, colour
and region of ones origin, the last Prophet e ensured the
respect of life, honour and property of all human beings.
He commanded:
O people; every bodys blood, property and prestige have
become sacrosanct for others. All these are now of the
same significance and sanctity as the sanctity of this day in
this Holy month and in this city. ---(al-Bukhr)
Right to Live:
The right to live is basic and fundamental right of man. No
one can deprive him from this right. According to Quranic
teachings, killing of one innocent person is equal to the
killing of the entire mankind. The Holy Quran says:
He who killed any person unless it be a person guilty
of man-slaughter, or of spreading chaos in the land,
should be looked upon as though he had slain all
mankind and he who saved one life, should be
regarded as though he had saved the life of all
mankind. ---(al-Mìda:32).
According to Islam, a Muslim is one who does not indulge
in killing of an innocent. The Holy Quran clarifies:
A true Muslim is he, who doesnt kill a soul which
Allah has
forbidden, unjustly---- (al-Furqn:66).
121
Right to Property:
The right to possess property is another fundamental right
of the mankind, and no one can be deprived from having
property The Holy Prophet in the last Sermon specially
emphasized this aspect.
It is not lawful for anybody to have anything from his
brother without his consent and pleasure.
Taking away money forcefully from any body, is strictly
prohibited in Quran:
Do not usurp one another's property by unjust
means, nor offer it to the judges so that you may
devour knowingly and unjustly a portion of the goods
of others (al-Baqara:188).
Right to Work:
Islam protects ones right to choose any legitimate
occupation and pursue it. It lays greatest possible emphasis
on the dignity of labour. The Holy Quran says:
The man shall have their due share according to
what they have earned and the women shall have their
share according to what they have earned. (al-Nis`:
32).
The Prophet(e) is reported to have said that no one can
earn his livelihood better than through the work of his own
hand. The Prophet further said:
Give the labourer his due wage before his sweat has
dried. (Ibne Mjah).
122
Right to Protect of Honour:

Respect for the honour of human beings is also an
unalienable and fundamental right. Therefore, every man
should be treated with all the regard due to him. Islam has
given special attention to the protection of the honour of
mankind. Humiliation, intimidation and outraging of the
basic human dignity is not acceptable in any circumstances.
The Holy Quran commands:
O you who believe! neither should men mock other
men, it may be that these are better than they, nor
should women mock other women, it may be that these
are better than they. Dont taunt one another among
yourselves, nor call one another by nicknames. It is an
evil thing to be called by a bad name after forth (alHujurt:11).
Islam is particularly sensitive to the safeguarding of
women's honour due to her sex. Any body found guilty of
defaming or dishonouring her, is bound to get harsh
punishment. The Holy Quran says:
Whoever took any part in it (slander), earned his
share of the sin accordingly and the one who had the
greatest share of responsibilities in it, shall have
terrible punishment (al-Nr:11).
Right to Privacy:
In addition to safeguarding the honour and dignity of man,
Islam firmly believes in the right of people to privacy.
Islam strongly disapproves interference in the private life
of other people and peeping into the house of any
individual. The Holy Prophet e forbade groping after the
secrets of people and said.
123
If you grope the secrets of people you will spoil

them (Ab D`d).
The Holy Prophet specially warned the ruler not to look for
the secrets of people and said:
If any ruler searches for the defects of people and
indulges in doubts, he will spoil them (Abu-Daud).
The Holy Quran strictly prohibited making suspicion
and preying into the affairs of others. (see alHujurt:12).
The Holy Quran also prohibited entering anybodys house
without his permission, so that his privacy may not be
disturbed.
O believers! Enter not houses other than your own,
until ye have asked permission and saluted those in
them; that is best for you in order that ye may heed
(what is seemly) (Al-Nr-27).
Right to Marriage:
According to Islam every person is entitled to marry to
establish a family and to bring up children in accordance
with his religion and culture. The wife is entitled to live in
the house of her husband and to receive the maintenance.
The Holy Quran says:
Wives have the same rights as the husbands have on
them in accordance with the generally known
principles (al-Baqarah:228).
124
Right to Education:
From the very first day of its dawn, Islam gave due
importance to education. Islam not only considers it as a
basic right of every body but goes much beyond it and
makes it obligatory on every believer to acquire
knowledge. The Holy Prophet declared:
Seeking knowledge is compulsory on every believer,
man and woman. (Ibne Mjah).
The significance of this Hadith lies in the fact that while a
man is entitled to forgo his right, he can not skip from his
obligation; and, if he does so, he will be held answerable.
According to Islam, it is the responsibility of the parents to
impart proper education to their children. The Holy Prophet
said:
No parent gives better gift to their ward than good
education. (Tirmiz)
Islam also holds the State responsible for the education of
its people. Once the Holy Prophet e warned the Asharys
tribe: If you will not educate your neighbors, you will
deserve punishment.
Right to Justice:
Islam is very sensitive about the dispensation of justice.
Every one is entitled to get justice. This is his natural and
inalienable right. Nobody in any circumstances can be
denied justice. It does not matter at all whether he or she is
a friend or foe. All persons have equal rights in matter of
justice, and everybody will be treated strictly in accordance
with the law. The Holy Quran commands:
125
O Believers, be steadfast in righteousness and just

in giving witnesses for the sake of Allah, the enmity of
any people should not so provoke you as to turn away
from justice. Do justice, for it is akin to piety (alMìda:8).
Islam maintains that the mission of all Prophets was to
establish justice in the society. The Holy Quran says:
We sent aforetime our Messengers with clear signs
and sent down with them the book and the balance,
that men may stand forth in justice (al-Hadd: 25).
Right to Fair Trial:
In the light of the above mentioned holy Verses, jurists say
that no person shall be adjudged guilty except after a fair
trial, and only after reasonable opportunity for defense has
been provided to him.
Right to Habitation:
Islam recognizes the right of residence and habitation. No
one can be deprived from this right, and nobody can be
deported from his homeland without due process of law.
The Holy Quran criticizing Jewish practice of driving
people out from their homes, says:
Remember also what we made another solemn
Covenant with you. You shall not shed blood among
yourselves, nor expel one another from your homes.
And you confirmed it and you are witness to it. But in
spite of this, you are killing your brothers and driving
them away from their homes; whereas their expulsion
itself was unlawful for you (al-Baqarah: 84-85).
126
Right to Protest against Harassment:

Moreover, Islam has granted to the mankind the right to
protection against harassment and misuse of power. The
Holy Quran says:
Allah does not like that a person should utter evil
words except when one has been wronged (al-Nis:
148).
This Divine Command also confers the right to protest
against oppression. If a person is wronged, he has the right
to raise his voice against the wrong doers.
Rights of Prisoners of War:
As Islam recognizes Human Rights in peace times, it also
recognizes rights of the mankind in war. Islam established
the principles of war for the first time. Islam made
distinction between combatants and non-combatants.
Regarding non-combatants the Holy Prophet instructed the
believers, saying:
Dont kill an old person, or any woman or child.
Don't kill the monks in monastery and don't kill the
people who are sitting in places of worship. (Ab
Dwd, Musnad Ahmed).
As far as combatants are concerned the Holy Quran says:
When you have routed them, hold them fast, then
either you show them favour or accept ransom until
the war lays down its arms. (Muhammad : 4).
The Western world has formulated the right of prisoners of
war only after Geneva Convention in 1949. The so-called
127
protectors violated these rights in almost every war and

adopted double standard. The recent happenings in Iraq are
the burning example.
Islam teaches to treat prisoners of war humanly. One of the
example is the appointment of prisoners of battle of Badr
as teachers of Muslim children.
Right to Freedom:
Islam considers the right of freedom as fundamental.
According to Islam, human beings who are born free,
cannot be enslaved. The second Caliph Hazrat Umar
cautioned his governor, Amr bin-s: Their mothers gave
them birth as free men; when did you enslave them?
At a time when slavery was prevalent in the world, Islam
wanted the believers to set free slaves as many as possible,
declaring this action as one of the noblest virtues. It is true
that Islam did not abolish slavery because of the peculiar
socio- political conditions of the time. But this fact can not
be denied that Islam gave to slaves a measure of dignity
that could not be even imagined in other civilizations.
Slaves were treated before Islam and even modern times
like cattle, but Islam considered them as brothers and at par
in honour with their masters. The Holy Prophete in the
sermon of Hajjatulwada commanded the Muslims:
Take care of your slaves. Feed and cloth them as you
feed and clothe yourself.
If the teachings of the Holy Quran and the Holy Prophet
e regarding slavery are kept in mind, it would clearly
emerge that Islam wanted slavery to gradually fade out
from the society.
128
It was the impact of total human behaviour of Islam that

slaves have been playing important role in the history of
Islam in almost all the fields of human activity, and have
made great contribution.
Right to Belief:
Islam grants to mankind the freedom of belief and
conscience and worship in accordance with their faith. No
person shall be compelled to give up his belief or to
embrace any other creed against his will. The Holy Quran
granted this freedom by clearly declaring:
There is no compulsion in religion (al-Baqarah:256).
Holy Quran says very emphatically:
Had your Lord willed (that all the people of the
world should be believers), all the dwellers of the
earth would have believed in Him. Will you then, force
the people to become believers? (Ynus:99).
While granting the freedom of belief and religion, Islam
has placed restriction on believers to change their religion.
This has attracted criticism from human right groups, who
consider it as a violation of article 18 of the Universal
Declaration of Human Rights.
This restriction has an historical background. It was
established to curb the Jewish conspiracy, which was
hatched to create hurdles in the way of Islam. They plotted
to embarrass Islam apparently so that the inhabitants of
Madina get confused and renounce Islam. The Holy Quran
has given a graphic description of this conspiracy:
129
A party of the people of the Book (Jewish) says to

one another, profess in the morning what has been
sent down to the believers and reject in the evening: it
may be that, by this device, they will turn back from
their faith. (al-Imrn: 72).
In these circumstances Islam prohibited the change of
religion and provided for punishment, so that nobody could
embrace Islam unless he first studies it in-depth and fully
satisfies himself with its Doctrine and Ideology, only then
that he must accept it.
Right to Express the Views:
Islam has also granted freedom to express thoughts and
views as long as the individual remains within the limits.
The second Caliph Umar was delivering a Sermon, a
villager stood up and said: I will not listen to you unless
you explain how you got such a long coat, while the cloth
distributed among the Muslims, was short. Hence, they
could not provide for such a long coat. The Caliph listened
to the villager with full patience, explained the position and
satisfied him. Describing the attributes of the Muslims, the
Holy Quran says:
You are the best community, you enjoin what is right
and forbid what is wrong (le-Imrn).
This responsibility cannot be fully discharged unless
people are given complete freedom of speech and
conscience. The Holy Prophet e has said:
Verily the best Jihad is speaking truth before the
cruel emperor. (Tirmiz).
130
These rights are fundamental and unalienable. They are not

meant for lip service; they are meant to be fully
implemented in letter and spirit. In the light of the
teachings of the Holy Quran and Sunnah, it is incumbent
upon all the Muslims to try to establish a society, which
enshrines these basic Human Rights granted by Islam. It is
also their bounden duty to work for its restoration if any
section of society is deprived from these rights.
***
131

Dr. Ali Nadeem*
Western
ideas
of
individualism,
liberalism,
constitutionalism, Human Rights, equality, liberty, the rule
of law, democracy, free markets, the separation of church
and State often have little resonance in Islamic, Confucian,
Japanese, Hindu, Buddhist or Orthodox cultures
(Samuel P. Huntington, The Clash of Civilizations?)
It has been held that the values and principles of

Democracy are defined and enshrined in the British and
American Constitutions, and that both the British (1688)
and American Bill of Rights (proposed in 1789 and ratified
1791) are not compatible with Islam.
The Problem stated:
Contrary to popular belief, the struggle for universal
Human Rights is not a modem one.
Although some claim that Human Rights is a Western
concept or ideology, Islam is among the first institutions to
advocate and implement such Human Rights as universal
equality and women's rights. In fact, Islam promoted the
universality of the human experience over 1300 years
before the United Nations declared it to exist. Although the
*
Reader in Department of History, Aligarh Muslim University,

Aligarh
132
Universal Declaration of Human Rights of 19481 is an

excellent step towards acknowledging the importance of
Human Rights on a worldwide political and legal level. But
in reality, it is not binding on any government, and,
therefore, often times it is ignored. Islam on the other hand,
does not limit Human Rights to political and legal
standards, as the UDHR does; Islam advocates Human
Rights as part of a complete way of life. Human Rights are
inextricable from Islam, and Islam, in return, requires that
Human Rights be acknowledged and respected by all
Muslims.
Realistically speaking, the concept of Human Rights was
thought of, but not taken seriously, by the time humanity
had entered into the 7th century. Before Islam entered the
world stage, oppression was common; women were
regarded as property in many parts of the world, and the
right to a fair and public hearing was unheard of. If Human
Rights are one of the standards by which we can judge a
civilization, a close reading of history will reveal that the
world was not very civilized before the rise of Islam.
The modern concept of Human Rights, principally
associated with Western patterns of thought and practice, is
rooted in the seventeenth century, at the time of the
'Enlightenment' and associated with the liberal theory of
John Locke. Lockean theory of natural rights to life, liberty
and property emerged as an opposition to arbitrary power.
1
Universal Declaration of Human Rights, adopted 10 Dec. 1948,

G.A. Res. 217 A (Ill), 3 D.N. GAOR (Resolutions, Part 1) at 71, D. N.
Doc. N810 (1948); See also Vienna Declaration and Programme of
Action of 25 June 1993, reprinted in the Human Rights Quarterly, No.
353 (1993).
133
Basically, his theory was based on the concept that rights

were natural, God-given, and it was the Government's duty
to protect these rights. The centrality of the human being
was stressed and the autonomy of the individual elevated to
the highest value, rights became essentially a means of
realizing that autonomy. Each individual is, in a sense,
absolute. He or she is irreducible to another and separated
in his or her autonomy from society.
Islam, for example, has a more communal sense of social
life than do the European principles; out of which Human
Rights beliefs have evolved. Where Christianity especially
Protestantism, sees individuals solely responsible for their
sins, Islam sees God commanding everyone to maintain the
social order. Where enlightened philosophers began with
individual sense of experience, Muslim philosophers began
with the nature of community. Thus, in Islam one may not
have an absolute right to marry whom one pleases, and
Muslims arguably do not have the right to change their
religion. The Holy Quran builds community around
religion and marriage, making them not just a matter of
individual choice.
However, Islam does not abandon the individual. It just
provides different protections. Where Human Rights
advocates seek to protect individuals by using rights as
lines beyond which governments cannot go, Islam protects
the person by emphasizing the collective need to maintain a
fair society. Both consider that people need protection, but
only the former sees rights as the solution. According to
Jack Donnelly:
The [Islamic] right to justice proves instead a duty of
rulers to establish justice; whereas the right to freedom is
merely a duty not to enslave unjustly. In fact, economic
134
rights turn out to be duties to earn a living and to help

provide for the needy; whereas the right to freedom of
expression actually is an obligation to speak the truth; i. e.,
the right is not an obligation of others but an obligation of
the rights holder!1
Islam thus puts society above the individual, while still
counting justice as a core value. Human Rights ideals, on
the contrary, presume the individuals ultimate worth.
In analyzing the status of women, Human Rights thinkers
and activists have emphasized the importance of human
agency in the construction of gender discrimination in
Islamic societies and in the development of certain
elements of Shar'a Law. An-Na'm emphasizes the human
as opposed to the divine basis of certain elements of Shar'a
Law, highlighting the distinction between (a) the
provisions in the Holy Quran (b) the provisions in the
Hadth and (c) the interpretation, application, development
and codification of these standards. Hence, for An-Nam,
Shar'a is not the whole of Islam but instead is an
interpretation of its fundamental sources. It is best
understood:
Through a consideration for the impact of the historical
context within which Shar'a was constructed by the
founding jurists of the eighth and ninth centuries out of the
original sources of Islam'.2
1
Jack DonnelIy, "Human Rights and Human Dignity: An Analytic

Critique of Non-Western Conceptions of Human Rights" American
Political Science Review 76/2, 1982, 306.
2
An-Na'im, A. A. Toward an Islamic Reformation;.. Civil Liberties,
Human Rights, and International Law. New York, Syracuse University
Press, 1990, p.165
135
Similarly, for Uthmn, what is at present accepted, as a

body of Islamic tenets and laws concerning women, does
not rest solely on the Holy Quran or on direct
interpretation of its text. It also includes references and
interpretations from the Hadth and Sunna, as well as
accumulated interpretations (tafsir) of classical scholars. In
this way, Uthman suggests that the Islamic paradigm of the
ideal role, status, and duties of Muslim women, largely
derived from the tafsir of male jurists and scholars particularly those of the classical age of Islamic
civilization1 of importance of cultural and political
variables, have also been emphasized in this context.
According to An-Naim the historical restriction of the
other person to members of one's own culture was done
in retaliation to one's exclusion by members of other
cultures. The exclusion of women, he suggests, was partly
due to the prevalence of the use of force and lack of the
rule of law which made physical strength the decisive
factor of status and power. While Nanji suggests that
certain rules codified into Shar'a Law, reflect patriarchal
traditions that pre-dated the Holy Quran, Islam and that:
The development and occurrence of customs and
practices of seclusion and veiling of women were a
result of local tradition and customs, occasionally
antithetical to the spirit of emancipation of women
envisaged in the Holy Quran2
1
- 4 Othman, N. "Growlding Human Rights Argwnents in NonWestern Culture: Shari'a and the Citizenship Rights of Women in a
Modem Islamic State", The East Asian Challenge for Human Rights, 1.
R. Bauer and D. A. Bell (ed.), Cambridge, Cambridge University Press.
1999, p.178.
2
Nanji, A. Islamic Ethics. A Companion to Ethics. Singer. Oxford,
BlackwelI, 1993, p.1O9.
136
Indeed, some thinkers and activists go further, suggesting

that the rights introduced in the Holy Quran provide a
revolutionary basis for a feminist agenda. For example,
Ftima Mernissi a feminist and a founding member of the
Moroccan Organization for Human Rights - is a leading
proponent of the view that Islamic ideas and traditions
provide rich foundations for ideas of gender equality and
the Human Rights of women. She has expressed the view
that:
Muslim women can walk into the modern world with
pride, knowing that the quest for dignity, democracy, and
Human Rights, for full participation in the political and
social affairs for our country, stems from no imported
Western values, but is a true part of the Muslim tradition...
Ample historical evidence portrays women in the Prophet's
Medina raising their heads from slavery and violence to
claim their right to join, as equal participants, in the
making of their Arab history. Women fled aristocratic
tribal Mecca by the thousands to enter Medina, the
Prophet's city in the seventh century because Islam
promised equality and dignity for all, for men and women,
masters and servants. Every woman who came to Medina
when the Prophet was the political leader of Muslims,
could gain access to full citizenship, the status of' Sahbi',
Companion of the Prophet. Muslims can take pride that in
their language they have the feminine of that word,
sahbiyat, women who enjoyed the right to enter into the
councils of the Muslim umma, to speak freely to its
Prophet-leader, to dispute with the men, to fight for their
happiness, and to be involved in the management of
military and political affairs. The evidence is there in the
works of religious history, in the biographical details of
137
sahbiyat by the thousand, who built Muslim society side

by side with their male counterparts.1
Louay M Safi elaborates on the very notion that constitutes
the raison d'etre for the articulation of Human Rights in
Western tradition; human dignity. This he considers the
reason for which International Human Rights have been
delineated.2 The preamble of the UDHR begins by
emphasizing this very point. In Western tradition, the
concept of dignity has been best elaborated by Kant, who
points out that human beings are moral agents, and should
hence always be treated as ends, and never as means.
Conceiving every human being as an end means that he or
she should always be treated as a subject, capable of
identifying and pursuing his or her interests. This does not
mean that one cannot use the services of others to achieve
one's goals, but that the services they provide must be
performed with their consent, and should be based on their
full realization of the intents, significations, and
consequences of their actions. Compelling people to act
under the use or threat of force, violates their dignity.
Likewise, the Holy Quran describes the human person as a
unique being among the creatures of God, endowed with
rational capacity to understand the natural order, and to
distinguish right from wrong. Life is presented as a trial in
which people have the opportunity to make choices; they
are individually responsible for the choices they make.
Therefore, central to the notion of dignity in both Western
and Islamic traditions, is the notion of moral autonomy, i.e.
1
Mernissi, F. The Veil and the Male Elite: A Feminist Interpretation of

Women's Rights in Islam. Wokingham, Addison-Wesley. English
Translation, 1991, p.g.
2
Safi, Louay M., Human Rights and Islamic Legal reform
http://home.att.net/ 1.safi/articles/
138
the freedom to make rational choices, and to accept the

outcome of the rational choices one makes. While the
notion of human dignity emphasizes the moral autonomy
of individuals and groups, employing another principle can
specify the extent of this autonomy; the principle of
reciprocity, or as An-Na'm states the golden rule. This
rule/principle, central to all religious and secular ethics, has
been appropriated from Christian ethics by modern
Western scholars, and has been given a secular expression
in Kant's categorical imperative: Act only on that maxim
through which you can at the same time will that it become
an universal law1 Similarly, the principle of reciprocity
lies at the core of the Islamic concept of justice. The Holy
Quran is pervaded with injunctions that encourage the
Muslims to reciprocate good for good and evil for evil.
Safi, therefore, contends that since Quranic texts embody
a clear and developed notion of human dignity,
restructuring shar'a rules particularly those which relate to
the public sphere on the basis of the Holy Quranic notion
of human dignity, could lead to a situation in which the
civil and political liberties of all citizens regardless of
gender, ethnic, or religious distinctions are protected.
Furthermore An-Na'm advocates a cross-cultural dialogue
to promote universality at a theoretical or conceptual level
by highlighting moral and philosophical commonalities of
human cultures and experiences.
The Golden Rule of treating others as one, would wish to
be treated by them, which is found in some formulation or
another in all the major cultural traditions of the world can be presented as a universal moral foundation of Human
1
Kant, Immanuel ,Groundwork of the Aletaphysics of Morals, 1993,

Routledge., pp 84.
139
Rights norms. This principle of reciprocity could provide

universal rationale for Human Rights as those rights which
one would claim for himself or herself, and must therefore
concede to others. However, efforts to articulate shared
values and principles must be founded on mutual respect
and sensitivity to the integrity of other cultures, especially
in view of colonial and post-colonial power relations
between the North and South.1
An-Nam uses the case of Islamic punishments to illustrate
the application of the cross cultural perspective. He makes
the very valid point that a universal standard may not be as
simple as it is thought to be. To most Western Human
Rights advocates simply no comparison can be made
between the Islamic punishment for theft (amputation) and
the most widely used Western punishment (imprisonment).
Na'm says it would be instructive to consider how a
Westerner would feel if the Muslim punishment were made
the norm. Muslims may feel amputation appropriate
punishment once strict safeguards have been satisfied.
However as Nam points out:
Islamic Law requires the state to fulfill its obligation to
secure social and economic justice and to ensure decent
standards of living for all its citizens before it can enforce
the Shar'a punishments2
He suggests that cross-cultural and inter-faith dialogue on
1
An-Na'im, A A Toward a Cross-Cultural Approach to Defining

International Standards of Human Rights: The Meaning of Cruel,
Inhuman, or Degrading Treatment or Punishment in AA An-Na'im
(ed.),
2
Ibid. p.34
140
the subject of Human Rights is most likely to be successful

if direct confrontation is avoided and dialogue is based on a
combination of mediation, internal discourse and
reconciliation. In particular, individuals and groups ought
not to be confronted with the need to make exclusive
choices between religious commitments on the one hand,
and international Human Rights law on the other. In any
event, self-criticism of ones own Human Rights policy is a
necessary precondition to any serious cross-cultural
dialogue on Human Rights.
The fact remains that despite fundamentalist movements
that do not represent the majority of Muslims today, Islam
has always accommodated a pragmatic humanitarianism, in
keeping with the Holy Quranic promise that God intends
every facility for you; He does not want to put you to
difficulties. Srah 2:185. Hence, puritanical inflexibility is
typical of the Islamic tradition, which has appeared capable
of adapting to human needs.
Regarding the importance of the Human Rights discourse,
one must also take into account recent events; the attacks
of September 11th then the following war on terror and
their implications for Human Rights in the Islamic world.
The attacks on the US have been explained as an act of
violence against Western civilization and democracy. The
language of righteousness adopted by the US and its allies
has distinctly suggested that they are embarking on a war
of good against evil, of civilization against barbarity.
American and Western officials have repeatedly stated that
their war is not against Islam. However President Bushs
use of the word crusade and a campaign at first called
infinite justice has not convinced many Muslims. In fact,
the global campaign that has been declared against
141
terrorism, has so far focused exclusively on certain Islamist

groups. In such a context it is not surprising that large
numbers of people in the Islamic world, perceive that the
conflict has been defined in cultural terms, along a frontier
between Western or Christian and Islamic values and
identity. This has resurrected discussion of Samuel
Huntington's thesis (1993) that the fundamental sources of
conflict in the post-Cold War world will not primarily be
political or economic but cultural. Huntington's clash of
civilizations paradigm has been discussed world-wide in
the wake of the September attacks, and this has made clear
that, whatever its merits, a widespread perception exists
that cultural/religious (or civilizational) differences are
relevant to analyzing the attack and responses to it. The
perception of the attacks in most of the Islamic world needs
to be considered. The attacks have been widely perceived
as a reaction to injustice. While condemning them, many
are strongly inclined to view them as a response to
legitimate grievances that are caused by US and Western
interventions in the region - especially support for Israel
and authoritarian governments in the Middle East and
North Africa, and the US campaign against the Iraqi
people. We have recently seen the examples of Human
Rights as practised by America on the 10th of Muharram.
One can quote Ahmet Davutoglus Civilizational
Transformation and the Muslim World which perhaps best
expresses the nature of a collective Islamic grievance
against the differential treatment of Muslims in the
functioning of the World Order:
The Muslim masses are feeling insecure in relation to the
functioning of the international system because of the
double standards in international affairs. The expansionist
142
policy of Israel has been tolerated by the international

system. The Intifda has been called a terrorist activity,
while the mass rebellions of East Europe have been
declared as the victory of freedom. There was no serious
response against the Soviet military intervention in
Azerbaijan in January 1990 when hundreds of Azeris were
killed while Western powers reacted against intervention in
the Baltic republics. The international organizations, which
are very sensitive to the rights of small minorities in
Muslim countries, did not respond against the sufferings of
the Muslim-minorities in India, the former Yugoslavia,
Bulgaria, Kashmir, Burma, etc. The atomic powers in some
Muslim countries like Pakistan and Kazakhstan have been
declared a danger when such weapons have been accepted
as the internal affairs of other states such as Israel and
India. Muslims, who make up about 25 percent of the
world's population, have no permanent member in the
Security Council and all appeal from the Muslim world is
being vetoed by one of the permanent members. The
Muslim masses have lost their confidence in the
international system as a neutral problem-solver after the
experiences of the last decade.1
In such an atmosphere of exclusion and distrust the
perception of difference means that we can expect a fresh
debate about the universality of rights. Huntington himself
argued that International Human Rights standards reflected
Western 'civilization' and disputes about their universality
indicated deep 'civilizational' differences. Other questions
also arise: Is there a risk, after September 11, of a
deepening cultural/religious divide and if so what are the
1
Cf. Richard A. Faulk, Human Rights Horizons, 2000, Routledge,

p.155.
143
implications for Human Rights work? In terms of Human

Rights and Islamic culture, what issues should be
considered? If perceptions of a divide persist, can the
existing
International
Human
Rights
standards
retain/develop a universal appeal? Or, will we need to find
other references around which to build agreement on crosscultural values to reinforce human dignity and freedom?
September 11 is not a unique event. What about the
hundreds of thousands of deaths that have resulted in Iraq
from malnutrition and disease, during the sanctions and the
US/UK war of attrition? Or, the hundreds of Palestinian
civilians that have died at the hands of Israeli soldiers over
the past many years? However, given the global media
coverage and global awareness of the attacks, the moral
issues and disagreements are more visible. This may affect
the fragile consensus that has existed on the importance
and objectivity of International Human Rights standards. In
the American press, journalists ask whether it is wrong if
civilians are targeted in reprisal attacks, with little
deference to the point that such killings would be war
crimes. Similarly they are surprised at the concern shown
for Al-Qaeda, Taleban prisoners in Cuba. Opinions such as
this have not encouraged many Islamic countries in their
attitude towards Human Rights.
The Position in Islam
The history of Islam, as we have seen above, took a
significantly different course than what was taken by
Europe. Although the expansion of Islam under the
Caliphate was mainly political and economic in nature, the
message of Islam spread with-and beyond-its borders at a
stunning pace. History affirms the claim that Islam is a
universal message to all people. The opening paragraph to
144
a chapter entitled European Colonialism and the

Emergence of Modern Muslim States in the Oxford
History of Islam, elucidates the universality of Islams
message:
There are today more than fifty Muslim states, extending
from the Atlas Mountains in the West to the Malay
Archipelago in the East, and from Sub-Saharan Africa to
the steppes of Central Asia. They include some of the most
populous countries in the world, such as Indonesia,
Nigeria, Bangladesh, and Pakistan, as well as some of the
smallest such as the Maldives and the Comoros. Some are
strong states with effective government institutions; others,
like Bosnia-Herzegovina, enjoy only a precarious
existence. Some, like Mali and Bangladesh, are poor;
others, like Libya, Brunei, Turkmenistan, and Saudi
Arabia, are endowed with great natural wealth; still others,
like Malaysia the worlds seventh most exporting country
in 1997 - owe their wealth to successful industrialization.
Some Muslim states are ethnically uniform; others include
sizable ethnic, linguistic, or religious minorities. Nearly the
entire spectrum of social, economic, ideological,
institutional, and political expressions is represented in
these states...1
Since Human Rights are inherently universal, and Islam is
both universal in thought and practice, it can only be the
unifying nature of Islam's message that can provide a
strong foundation for Human Rights. The Oxford History
of Islam further expands on the universality of Islam's
message:
1
Esposito, Joseph, The Oxford History of Islam, Oxford University

Press, 1999, p.549
145
The universality of religious experience is an important

premise of the Holy Qurans argument against the profane
of secular life. Taking a different track from the hadth (the
corpus of prophetic traditions that provides detailed
instructions on how to act as a Muslim in specific ritual or
moral contexts), the Holy Quran is less concerned with
defining creedal boundaries than with affirming the
universal obligation to believe in One God. The Holy
Quran thus speaks of broad varieties of religious
experience to which every human being can relate.
Similarly, when dealing with religious practices, the Holy
Quran is less concerned with the details of ritual than with
the meaning that lies behind the rituals it prescribes. The
details of ritual practice, which serve to define Islam for
most believers, are usually left for tradition to define. By
speaking in a transcendental voice and presenting a
discourse that is relevant to human experience in general,
the Holy Quran overcomes the cultural limitations of the
Arab civilization in which it was originally revealed and
makes its message accessible to people of different cultural
backgrounds. This universalism has never been more
important than in the present day, when the majority of
Muslims are Southern or Southeast Asian in origin and
when only one-fifth of them are Arabs.
Such a transcendence of culture is necessary for any
religion that aspires to universal validity. As the vehicle for
the word of God, it is necessary for the Holy Quran to
overcome linguistic and cultural differences and express
itself in a language that can be understood when its
original Arabic is translated into a non-Semitic language
such as English or Indonesian. An example of this metalanguage can be found in the tripartite model of knowledge
146
previously discussed. Despite the exceptionalism of post

modern philosophy, which accentuates cultural boundaries
by hypostasizing the notion of difference, the comparative
study of human societies reveals that most people-whatever
their experiences and regardless of variations in culturethink in similar ways and have similar wants and needs.
Responding to this fact, the Holy Quran seeks to establish
a common foundation for belief that is based on such
shared perceptions and experiences. Over and over again,
the Holy Quran reminds the reader to look behind the
familiar of mundane things of the world, such as the signs
of God in nature, the practical value of virtue, and the
cross-cultural validity of fundamental moral principles.
What is good for Muslims is meant to be good for all
human beings, regardless of gender, color, or origin...1
It becomes clear then, that Islam is a message to all
humanity. As such, Allah's message necessarily requires
Muslims to think beyond their own faith and look to the
benefit of the world at large, regardless of any differences,
including faith. Although much can be said about Islam's
teachings regarding Human Rights in particular, there are
several important doctrines that are fundamental to Islams
view on Human Rights.
The first and most important doctrine is the existence of
One God and that the message of Allah is preserved in the
Holy Quran. As can be seen from even a casual reading of
the Holy Quran, Allah demands that we respect and
promote Human Rights. Unlike the UDHR, this demand is
not effectively limited to demands for policy change in
certain governments. Respect for Human Rights is
1
Ibid, p.67
147
expected from all believing Muslims in all aspects of their

life as well as from all Muslim governments (which should
have the best interests of its people as its highest priority).
Also, by believing that Human Rights are rights conferred
from a Divine, transcendental Force, Muslims do not
accept the belief that Human Rights can ever be granted or
taken away by governments or even supranational
organizations such as the UN. Clearly, Human Rights
existed before the UN and will continue to exist with or
without it. Over 1400 years ago, the message of Islam
proclaimed that Human Rights are universal and permanent
and must be recognized, promoted, and protected by even
ordinary people, and not left only up to governments,
which
have
historically resisted
the
genuine
implementation of many Human Rights.
The second Islamic doctrine that concerns itself with
Human Rights is the oneness of humanity, which is the
basis for Islam's recognition of human justice and equality,
which are the bedrock principles of Human Rights. Quite
simply, this means that all humans are united and equal in
the sight of God. Islam has no concept of ethnic or other
differences; equality-whether you are Muslim or not-has
always been a human right promoted by Islam. Under
Islam, discrimination in all of its forms is not permissible.
This also means that there is no such thing as diplomatic
immunity or other special status that might distort the
concept of absolute equality.
Universal equality is also extended to gender differences-according to Islam there should not be any inequality
amongst the sexes. Equality itself is often an ambiguous
word and concept, so a more accurate statement would be
that women all over the world could finally achieve parity
148
or social balance with men through Islam (a concept

unheard of before the 7th century). It is important to note
that Islam does not consider the relationship between the
sexes unequal, but rather involves complimentary duties
and obligations to one another.
Despite the negative image that most people have
regarding women's rights and Islam, the fact remains that
Islam was the first institution to grant women many rights,
such as permanent land rights and the first prenuptial
agreements as well as many other rights. Unfortunately,
however, many times women are not treated the way that
Islam says they should be treated. Often one finds a
disparity between theory and practice, and the application
of Human Rights is no exception. Muslim countries are
more often than not governed by regimes that do not care
about the rights of women, much less Human Rights in
general. In these cases-which are unfortunately prevalentMuslims must stand up to oppression and help to align
Islamic tenets with everyday practice, thereby ensuring that
all humans-especially women-have access to all rights
conferred to them by God.
Although equality and women's rights are important
examples of Human Rights in Islam, Islam does not limit
itself to these rights. Below does Islam promote a list of
Human Rights. These rights were proclaimed in the 7th
century, and have impacted the world for the better ever
since.
I.
Right to Life
II.
Right to Freedom
III.
Right to Equality and Prohibition against
Impermissible Discrimination
IV.
Right to Justice
149
V.
VI.
VII.
VIII.
IX.
X.
XI.
Right to Fair Trial

Right to Protection against Abuse of Power
Right to Protection against Torture
Right to Protection of Honor and Reputation
Right to Asylum
Rights of Minorities
Right and Obligation to Participate in the Conduct and
Management of Public Affairs
XII. Right to Freedom of Belie (Thought and Speech)
XIII. Right to Freedom of Religion
XIV. Right to Free Association.
XV. The Economic Order and the Rights Evolving
Therefrom
XVI. Right to Protection of Property
XVII. Status and Dignity of Workers
XVIII. Right to Social Security
XIX Right to Found a Family and Related Matters
XX Rights of Married Women
XXI. Right to Education
XXII. Right of Privacy
XXIII. Right to Freedom of Movement and Residence
One difference between the Universal Declaration of
Human Right's version of Human Rights and the Islamic
perspective is that Islam has demanded that these rights be
enforced on an individual, community, and institutional
level. Respect for Human Rights must occur on each of
these levels, and not be mainly a political and legal effort,
like the UDHR is. Thus, all individuals, communities and
institutions must respect each other and their roles in
preserving mutual respect for Human Rights. Individual,
community, and institutional rights and obligations are
harmoniously and equally arranged in Islam, which
effectively makes Human Rights a pervasive idea in
150
Islamic life. In Islam, Human Rights are a deeply rooted

concept that necessarily touches upon every aspect of a
Muslim's life, and both respecting Human Rights and
enforcing them is compulsory to all Muslims.
Another difference, mentioned earlier, is that Islam views
Human Rights as part of a religious or God-centered way
of life. Historically, the concepts of many Human Rights
were emphasized in religions such as Judaism and
Christianity. Islam places an emphasis on Human Rights as
being inseparable from a general, God-inspired way of life
as well. This fact-that Christians, Muslims, and Jews view
Human Rights as part of a larger God centered view of lifeensures that over half of the world views Human Rights
within a religious context and framework. By contrast,
there is no mention of God in the UDHR. This is because
some of the framers felt that mentioning God would serve
to alienate parts of the human population, namely those
who didnt believe in God. It should be remembered
however, that Islam does not try to force others to believe
in God. It clearly promotes tolerance for all beliefs, thereby
retaining Islams universal message by respecting other
cultures and religions.
Islam guaranteed a superior version of Human Rights well
before the United Nations declared them. Islamic
concepts are universal, based on reason, and are
acknowledged and able to be put into practice by a
significant portion of the worlds peoples.
***
151
A Comparative Study of the Islamic

and Western Perspective of Human
Rights
Raza Abbas Uloom*
Western idea of Human Rights is based on the post
Renaissance atheistic and secular perspective of the West.
It is based not on Christianity or the revelation but on the
philosophical theory of natural law, which was propounded
by the Greek.
ANTECEDENTS OF THE IDEA OF HUMAN
RIGHTS IN WESTERN POLITICAL THOUGHT
The modern idea of Human Rights is based on, or has
evolved from, the ideas of natural law and natural rights.
Claims that certain actions or policies are contrary to or are
in violation of Human Rights are often explained and
justified with reference to the idea of natural law. For
example, certain actions or policies may be asserted to be
inhuman or unnaturally cruel. In international law and
jurisprudence, the idea of crimes against humanity is
sometimes explained and justified not in terms of the
existing law, but in terms of appeals to the idea of a higher
*
Madinatul Uloom Seminary, Aligarh
152
law or natural law. Broadly speaking, a natural law

theory locates claims of these types in the context of a
general theory of the good in human life, and of right and
wrong in human choices and actions.
The historical origins of the idea of natural law are
commonly traced back to Ancient Greece. Generally
speaking, the roots of this idea are located in the works of
Aristotle. However, as Buckle suggests, many theories of
natural law are associated with the ideas of universalism
and an unchanging ethical order; and to this extent, the
roots of the idea of natural law can also be located in
Platos ethical theories.
Plato proposed that in the realm of ethics-as well as in the
realm of mathematics and aesthetics- there exist abstract,
eternal and universal truths that exist as elements of an
unchanging natural order. They exist independent of
human observation and can be apprehended by processes
of reasoning. In elaborating this theory, Plato suggested
that the empirical facts of ethical diversity and
disagreement in the world do not necessarily challenge the
validity of universal truths, because diversity and
disagreement do not preclude the conclusion of some views
being right and others being wrong.
Though the Universal Declaration of Human Rights is
called Universal, it was articulated along the lines of
historical trends of the Western world during the last three
centuries, and a certain philosophical anthropology of
individualistic humanism which helped justify them [1].
The basic assumptions underlying the Declaration were of
a universal human nature common to all the peoples, b) of
153
the dignity of the individual, and c) of a democratic social

order [2].
In the decades since the Declaration, the term Human
Rights has become an integral part of both political and
popular discourse, particularly amongst Western, and
Western-educated, persons.
Until very recently most of this discourse has been in
largely secular terms. In fact, it is frequently assumed, as
well as stated, by many advocates of Human Rights, in
both Western and non-Western (including many Muslim)
countries, that Human Rights can exist only within a
secular context and not within the framework of religion.
Underlying the stance that the concept of Human Rights is
fundamentally secular, and, therefore, outside of, and even
antithetical to the worldview of religion, is, of course, a
certain view of the Human Rights and also that of religion.
It is often remarked by West-struck secular-minded
proponents of Human Rights in Muslim countries that it is
not meaningful to talk about Human Rights in Islam
because as a religious tradition, Islam has supported values
and structures, which are incompatible with the
assumptions associated with the Universal Declaration of
Human Rights.
What needs to be pointed out to those who uphold the
Universal Declaration of Human Rights to be the highest,
or sole model of a charter of equality and liberty for all
human beings, is that given the Western origin and
orientation of this Declaration, the universality of the
assumptions on which it is based, is at the very least
problematic and subject to questioning.
154
Islamic Perspective:
According to the Holy Quran, dignity of the children of
Adam is a Divine bestowal, which is to be secured by all
means including the law and the State authorities, and is to
be defended by all forces:
We have conferred dignity on the children of Adam,
and borne them over land and sea, and provided for
them sustenance out of the good things of life, and
favoured them far above most of our Creations.
(17:70)
What distinguish humans from many other creatures, are
their intellect and their free will to choose between doing
good and doing evil. To fulfill a human potential, all
obstacles and pressures must be removed from the way;
and, all means should be secured to maintain and develop
our humanity. The dignity bestowed on humans in the Holy
Quran, must be defended. It is the individual, social and
universal responsibility of Muslims to guard Human Rights
because oppression is an obstruction of Gods will in His
creation:
We reserve the abode of the Hereafter for those who
do not seek exaltation on earth, nor corruption. The
ultimate victory belongs to the righteous. 1
As for the responsibility of the individual, it is the
individual, social, and universal responsibility of Muslims,
according to their faith, to protect the human merits and
virtues of all the children of Adam, whatever their
differences may be. Defending the Rights of human beings
is a religious duty for a Muslim, who believes that any
1
Quran: 28:83
155
oppression is an obstruction of Gods Will and plan of His

creation. Moreover, a Muslim believes that God has
created all mankind equal as human beings, and no one can
claim superiority in this respect, whatever his/her ethnicity,
family, wealth or gender may be.
We can quote Verse 1 of Sra 4 and Verse 13 of Sra 49;
O people observe your Lord; the One who created
you from one being and created from it its mate, then
spread from them two many men and women. You
shall regard God, by whom you swear, and regard the
parents. God is watching over you.1
O people we created you from the same male and
female, and rendered you distinct peoples and tribes
that you may recognize one another. The best among
you in the sight of God is the most righteous. God is
Omniscient, Cognizant.2
The only One who is above all humans is their Creator and
Lord:
None equals Him3
An offshoot of the belief in God is the belief in the equality
of all human beings, since those who believe in One God
believe that the One Creator creates all human beings.
Thus, deeply rooted in the conscience of believers is the
duty to maintain Human Rights and to practise equality in
the process. Any discrimination against any individual or
group about their basic rights as members of humanity, is a
challenge to the faith of believers, since for any human to
1
2
3
Quran: 4:1
Quran: 49:13
Quran: 112:4
156
claim superiority based on origin or power, is contradictory

to the belief in the One Ultimate Supreme Being:
Glory be to God: the Lord with absolute authority.
He is high above their claims. He is never to be asked
about anything He does, while all others are
questioned.1
A tyrant is against Human Rights and the One Ultimate
Supreme Being as well:
Pharaoh turned into a tyrant on earth, and
discriminated against some people. He persecuted a
helpless group of them, slaughtering their sons, while
sparing their daughters. He was indeed wicked.2
In the same Chapter, the Holy Quran states that those who
will attain happiness in the life to come, are those who
dont seek to exalt themselves on earth, nor get to spread
malevolence; for the future belongs to the God-conscious.3.
Thus, the Holy Quran repeatedly emphasizes Human
Rights and justice, and condemns injustice, aggression and
oppression.
It highlights the message of Prophet
Muhammad(e):
He exhorts them to be righteous, enjoins them from
evil, allows for them all good food, and prohibits that
which is bad, and unloads the burdens and the
shackles imposed upon them. Those who believe in
Him, respect Him, support Him, and follow the light
that came with Him are the successful ones.4
1
2
3
4
Quran: 21:22-23
Quran, 28:4
Quran, 7:157
Quran, 7:157
157
Justice can be concisely and precisely defined as the

maintenance of Human Rights and equality:
Their Lord responded to them: I never fail to reward
any worker among you for any work you do, be you
male or female - you are equal to one another.1
Any discrimination between men and women in rights or
responsibilities is forbidden according to the Divine Justice
- the same as any other discrimination:
The believing men and women are allies of one
another: they advocate righteousness and forbid evil,
they observe the contact prayers (Salat) and give the
obligatory charity (Zakat), and they obey God and His
Messenger. These will be showered by Gods mercy.
God is almighty. Most Wise.2
Divine Justice can never be for Muslims only. It secures
the rights of all human beings, whatever their beliefs may
be. It is especially protective of the right of belief and
practising ones belief, there shall be no compulsion in
religion3. Defending all houses of worship is legitimate
and urged:
if it were not for Gods supporting of some people
against others, monasteries, churches, synagogues,
and masjids where the name of God is commemorated
frequently would have been destroyed. Absolutely,
God supports those who support Him. God is
Powerful, Almighty.4
1
2
3
4
Quran, 19:5
Quran, 9:71
Quran, 2.256
Quran, 22:40
158
Muslims are taught by the Holy Quran to build their

relations with others on kindness. The minimum obligation,
which should be strictly observed, is justice1. They should
always have in mind that no hostility stays permanently,
and that if they follow Gods guidance, their behaviour
may turn an enemy into a close friend:
God may change the animosity between you and them
into love. God is Omnipotent. God is Forgiver, Most
Merciful.2
Not equal is the good response and the bad response.
You shall opt for the nicest possible response. Thus,
the one who used to be your enemy, may become your
best friend. None can attain this except those who are
extremely fortunate,3
Islam secures the Human Rights even for those who may
violate the Human Rights of others. Since two wrongs do
not make one right, any violation should be stopped
instantly, but the rights of the violator as a human being
should be secured. Islamic law aims to fight the crime in its
origin, not just to inflict punishment. Islamic penal law is
enforced in order to prevent the sources of violation and
transgression without social justice and public education
for all. It is required that every possible effort should be
made to educate and rehabilitate an offender and not to
destroy him/her Punishment within the framework of
Islamic justice will be forthcoming.
Islamic commercial law prohibits illegitimate and
exploitative gains while protecting the profit, which has
1
2
3
Quran, 60:8
Quran, 60:7
Quran, 41:34-35
159
been earned legitimately and legally before usurious

additions:
those who charge usury are in the same position as
those controlled by the devils influence. This is
because they claim that usury is the same as
commerce. However, God permits commerce and
prohibit usuary. Thus, who ever heeds this
commandment from His Lord and refrains from the
usury, he may keep his past earning, and his judgment
rests with God. As for those who persist in usury, they
incur Hell where in they abide forever.1
The Islamic law of war requires an open declaration of the
start of military operations, and limits fighting to the
combatants only. As soon as the aggression is stopped and
the aggressor submits to justice. Justice should be
maintained in relation to both parties equally:
If two groups of believers fought with each other; you
shall reconcile them. If one group aggresses against
the other, you shall fight the aggressing group, until
they submit to Gods command. Once they submit, you
shall reconcile the two groups equitably you shall
maintain justice: God loves those who are just.2
Any of the enemys army who seeks for protection or
shelter, it should be granted, and be to his camp if he so
requests:
If one of the idol worshipers sought safe passage with you,
you shall grant him safe passage, so that he can hear the
word of God, and then send him back to his place of
1
2
Quran, 2:275
Quran, 49:9
160
security. That is because they are people who do not

know.1
The wounded and deserters from the enemys army should
not be attacked, but should be cared for, until they are
cured or repatriated.
The Holy Quran protects the Human Rights of all
individuals. The Muslim jurists actually classified Islamic
law, as mentioned before, into the securing and developing
human personality in five main areas: life, family, mind,
faith, and property. The Human Rights covered by these
five areas include the collective rights of groups and
peoples as well as the rights of individuals; their political
and social rights. A collective effort to defend the
powerless and the oppressed against a powerful oppressor,
is an essential Islamic obligation. Every right is considered
a responsibility and an obligation. In addition to Human
Rights being considered a collective responsibility of the
umma (the Muslim people as a group) and the authorities,
every holder of a right must also struggle himself/herself to
obtain, maintain and enjoy this right.
However, according to Islam accurate balance has to be
maintained between basic spiritual and moral development
and education on one side, and the protection of values by
the law and the State on the other. A balance should be
maintained as well between rights and duties:
We sent our Messengers supported by clear proofs,
and we sent down to them the scripture and the law,
that the people may uphold justice. And we sent down
the iron, wherein there is strength, and many benefits
1
Quran, 9:6
161
for the people. All this in order for God to distinguish

those who would support Him and His Messengers, on
faith. God is powerful, Almighty.1
Based on faith in God, the Islamic perspective on Human
Rights is comprehensive and deep. The Holy Quran
repeatedly confirmed and assured the equality of all
individuals and guaranteed their rights to live in peace, free
of oppression or fear.
Conclusion:
To sum up, the Universal Declaration of Human Rights is
based on this secular outlook but its basic principles are
found on a more profound level in Islam. The difference is
that in Islam Human Rights flow from the Right of Allah
and the rights go hand in hand with duty but in West they
are divorced from religion and spirituality.
The concept of Human Rights in Islam rests on spiritual
and religious perspective and not on secular ideology.
While in other concepts including the Western concept is
built on the foundation of secularism and atheistic
humanism and dry legal dictates
***
Quran, 57.25
162

AND THEIR SOURCE
Syed Ali Mehdi
From where we can derive the Islamic principles about the
Human Rights? Following are some of the sources: the
Holy Quran or the Book of Revelation, Sunnah or the
practical traditions of the Holy Prophet Muhammad(e)
and the Holy Imams; Hadth or the oral sayings attributed to
the Holy Prophet Muhammad(e) and the infallible Imams;
Fiqh (Jurisprudence) or Madhib (Schools of Law); and the
Shari'ah or code of law which regulates the diverse aspects
of a Muslim's life. Of all these sources of the Islamic
tradition, undoubtedly, the most important is the Holy
Quran, which is regarded by all Muslims as the primary,
and most authoritative source of all norms.
The Holy Quran is the source of all Human Rights and its
concern is to free human beings from the bondage of
traditionalism, authoritarianism (religious, political,
economic, or any other), tribalism, racism, sexism, slavery
or anything else that prohibits or inhibits human beings
from actualizing the Holy Quranic vision of human
163
destiny, embodied in the classic proclamation: Towards

Allah is thy limit1.
In the following pages we will discuss some of the rights of
man as stipulated in the Holy Quran and Hadith:
General Rights
A. Right to Life
The Holy Quran upholds the sanctity and absolute value of
human life2 [7] and points out that, in essence, the life of
each individual is comparable to that of an entire
community and, therefore, should be treated with the
utmost care3.
B. Right to Respect
The Holy Quran deems all human beings to be worthy of
respect4 because of all creation they alone chose to accept
the trust of freedom of the will.5 Human beings can
exercise freedom of the will because they possess the
rational faculty, which is that distinguishes them from all
other creatures6. Though human beings can become the
lowest of the lowest, the Holy Quran declares that they
have been made in the best of moulds7, having the ability
to think, to have knowledge of right and wrong, to do the
good and to avoid the evil. Thus, on account of the promise
1
Reference here is to the Holy Quran, Surah an-Najm, 53:42. The

translation is by Muhammad Iqbal, The Reconstruction of Religious
Thought in Islam, Shaikh Muhammad Ashraf, Lahore, 1971, p.57.
2
Reference here is to Surah al-An'am, 6:151.
3
Reference here is to Surah al-Maidah, 5:32.
4
For instance, see Surah al-Isra', 17 : 70
5
Reference here is to Surah al-Ahzab, 33:72.
6
Reference here is to Surah al-Baqarah, 2: 30-34.
7
Reference here is to Surah at-Teen, 95 : 4-6.
164
which is contained in being human, namely, the potential to

be Gods vicegerent on earth, the humanness of all human
beings is to be respected and considered to be an end in
itself.
C. Right to Justice
The Holy Quran puts great emphasis on the right to seek
justice and the duty to do justice1. In the context of justice,
the Holy Quran uses two concepts: adl and ihsan.
Both are enjoined and both are related to the idea of
balance, but they are not identical in meaning.
Adl is defined as to be equal, neither more, nor less.
Abu'l Kalam Azad, a famous translator of the Holy Quran
and a noted writer, says: What is justice, but the avoiding
of excess? There should be neither too much, nor too
little; hence the use of scales as the emblems of justice2.
Lest anyone try to do too much or too little, the Holy
Quran points out that no human being can carry another's
burden or attain anything without striving for it.3
Recognizing individual merit is a part of 'adl. The Holy
Quran teaches that merit is not determined by lineage, sex,
wealth, worldly success, but by righteousness, which
consists of both right belief' (mn) and just action
('amal)4. Further, the Holy Quran distinguishes between
between passive believers and those who strive in the cause
For instance, see Surah al-Ma'idah, 5 : 8 and Surah an- Nisa', 4 : 136.
Fayzee, A.A.A., A Modern Approach to Islam, Universal Books,
Lahore, 1978 p. 17.
3
Reference here is to Surah an-Najm, 53: 38-39.
4
Reference here is to Surah al-Baqarah, 2:177.
2
165
of God pointing out that though all believers are promised

good by God, the latter will be exalted above the former.1
Just as it is in the spirit of 'adl that special merit be
considered in the matter of rewards, the special
circumstances are also to be considered in the matter of
punishments. For instance, for crimes of unchastity the
Holy Quran prescribes identical punishments for a man or
a woman who is proved guilty, 2 but it differentiates
between different classes of women: for the same crime, a
slave woman would receive half, and the Prophets consort
double the punishment given to a free Muslim woman3.
While constantly enjoining 'adl, the Holy Quran goes
beyond this concept to ihsn, which literally means,
restoring the balance by making up a loss or deficiency 4.
In order to understand this concept, it is necessary to
understand the nature of the ideal society or community
(ummah), envisaged by the Holy Quran. The word
ummah comes from the root umm, or mother. The
symbols of a mother and motherly love and compassion are
also linked with the two attributes most characteristic of
God, namely, Rahm and Rahmn, both of which are
derived from the root rahm, meaning womb. The ideal
ummah cares about all its members just as an ideal
mother cares about all her children, knowing that all are not
equal and that each has different needs. While showing
undue favour to any child would be unjust, a mother who
gives to a handicapped child more than she does to her
1
Reference here is to Surah an-Nisa', 4 : 95-96

Reference here is to Surah an-Noor, 24:2.
3
Reference here is to, Surah an-Nisa', 4 : 25; Surah al-Ahzab, 33 : 30.
4
Parwez G.A., Tabweeb-ul-Qur'an, (Urdu), Volume I, Idara-e-Tulu'-eIslam, Lahore: 1977, p. 78.
2
166
other child or children, is not acting unjustly but

exemplifying the spirit of ihsan by helping to make up
the deficiency of a child who needs special assistance in
meeting the requirements of his/her life. Ihsn, thus, is to
show Gods sympathy for the disadvantaged segments of
human society (such as women, orphans, slaves, the poor,
the infirm, and the minorities).
D. Right to Freedom
As stated earlier, the Holy Quran is deeply concerned
about liberating human beings from every kind of bondage.
Recognizing the human tendency toward dictatorship and
despotism, the Holy Quran says with clarity and emphasis
in Surah ale-'Imran1:
It is not (possible) that a man, to whom is given the
Book, and Wisdom, and the Prophetic Office, should
say to people: Be ye my worshippers rather than
Allah's. On the contrary (he would say): Be ye
worshippers of Him Who is truly The Cherisher of
all.2
The institution of human slavery is, of course, extremely
important in the context of human freedom. Slavery was
widely prevalent in Arabia at the time of the advent of
Islam, and the Arab economy was based on it. Not only did
the Holy Quran insist that slaves be treated in a just and
humane way3, but it continually urged the freeing of
Quran, Surah Al-Imran : 79

The Holy Quran, Tr. Abdullah Yusuf Ali, Amana Corporation,
Brentwood, Maryland, U.S.A., 1989, p. 148.
3
For instance, in Surah an-Nisa', 4:36
2
167
slaves1. By laying down in Srah 47: Muhammad: 4, that

prisoners of war were to be set free, either by an act of
grace or against ransom2. The Holy Quran virtually
abolished slavery since the major source of slaves - men
and women - was prisoners of war3. Because the Holy
Quran does not state explicitly that slavery is abolished, it
does not follow that it is to be continued, particularly in
view of the numerous ways in which the Holy Quran
seeks to eliminate this absolute evil. A Book, which does
not give a king or a Prophet the right to command absolute
obedience from another human being, could not possibly
sanction slavery in any sense of the word.
The greatest guarantee of personal freedom for a Muslim
lies in the Holy Quranic decree that no one other than
God, can limit human freedom!4 and in that statement that
Judgment (as to what is right and what is wrong) rests
with God alone5. As pointed out by Khalid M. Ishaque, an
eminent Pakistani jurist:
The Holy Quran gives to responsible dissent the status of a
fundamental right:
Allah says addressing the Prophets: and consult with
them upon the conduct of affairs. And .when thou art
resolved, then put thy trust in Allah6.
1
For instance, in Surah al-Baqarah, 2:177; Surah an-Nisa', 4 :92; Surah

al-Ma'idah, 5:89; Surah at-Tawbah, 9:60; Surah an-Noor, 24:33; Surah
alMujadalah, 58:3.
2
Muhammad Asad (Tr.) The Message of the Holy Quran, Gibraltar:
Oar al-Andulus, 1980, p. 778.
3
Parwez G.A., Islam: A Challenge to Religion, Idara-e-Tulu-e-Islam,
Lahore: 1986, op. cit. 346.
4
Reference here is to, Surah ash-Shuara, 42:21.
5
Reference here is to Surah Yusuf, 12: 40.
6
Islamic law: Its Ideal and Principles, The Challenge of Islam, Editor
Gauhel A, The Islamic Council of Europe, London, 1980, p.157.
168
Since the principle of mutual consultation (shra) is

mandatory1, it is a Muslims fundamental right, as well as
responsibility, to participate in as many aspects of the
community's life as possible. The Holy Quranic
proclamation in Surah al-Baqarah2 that: There shall be no
coercion in matters of faith3 guarantees freedom of
religion and worship. This means that, according to
Qur'anic teaching, non-Muslims living in Muslim
territories, should have the freedom to follow their own
faith-traditions without fear or harassment. A number of
Qur'anic passages state clearly that the responsibility of the
Holy Prophet Muhammad(e) is to communicate the
message of God and not to compel anyone to believe4. The
right to exercise free choice in matters of belief is
unambiguously endorsed by the Holy Quran5 which also
states clearly that God will judge human beings not on the
basis of what they profess but on the basis of their belief
and righteous conduct6, as indicated by Surah al-Baqarah,
2:62:
Those who believe (in the Holy Quran) and those who
follow the Jewish (scriptures), and the Christians and
the Sabians, and who believe in God and the Last Day,
and work righteousness, shall have their reward with
the Lord: on them shall be no fear, nor shall they
grieve.7
1
Reference here is to Surah ash-Shuara, 42:38.

Verse, 256.
3
The Message of the Holy Quran, p. 57.
4
For instance, see Surah al-An'am, 6:07; Surah Yunus, 16: 99; Surah
al-Nahl, 10:82; Surah ash-Shuara, 42:48.
2
For instance. see Surah al-Kahf, 18:29.

For instance. see Surah al-An'am, 6:108.
7
The Holy Quran, 3:3-34.
6
169
The Holy Quran recognizes the right to religious freedom

not only in the case of other believers in God, but also in
the case of non-believers in God (if they are not aggressing
upon Muslims)1.
The right to freedom includes the right to be free to tell the
truth. The Holy Quranic term for truth is Haqq which is
also one of Gods most important attributes. Standing up
for the truth is a right and a responsibility which a Muslim
may not disclaim even in the face of the greatest hardship
or difficulty2. While the Holy Quran commands believers
to testify to the truth, it also instructs society not to harm
persons so testifying3.
E. Right to Acquire Knowledge

The Holy Quran puts the highest emphasis on the
importance of acquiring knowledge. That knowledge has
been at the core of the Islamic world-view from the very
beginning, is attested to by Surah al-'Alaq, 96:1-5, which is
one of the first revelation, received by the Holy Prophet
Muhammad(e).
Asking rhetorically if those without knowledge can be
equal to those with knowledge4, the Holy Quran exhorts
believers to pray for advancement in knowledge5. The
famous prayer of the Holy Prophet Muhammad(e) was
Allah grant me Knowledge of the ultimate nature of
1
For instance. see Surah al-Ana`m, 6:108.

Reference here is to Surah an-Nisa', 4:135.
3
Reference here is to Surah al-Baqarah; also see G.A. Parwezs
Bunyadi Haquq-e-Insaniyat (Urdu), in Tulu'-e-Islam, (Lahore,
November, 1981).
4
Reference here is to Surah az-Zumar, 39:9.
5
Reference here is to Surah Ta-Ha, 20: 114.
2
170
things and one of the best known of all traditions

(ahadith) is Seek knowledge even though it be in
China.
According to Qur'anic perspective, knowledge is a
prerequisite for the creation of a just world in which
authentic peace can prevail. The Holy Quran emphasizes
the importance of the pursuit of learning even at the time,
and in the midst of war1.
F. Right to Sustenance
As pointed out by Surah Hud, 11: 6, every living creature
depends for its sustenance upon God. A cardinal concept in
the Holy Quran, which underlies the socio-economic and
political system of Islam - is that the ownership of
everything belongs, not to any person, but to God. Since
God is the universal creator, every creature has the right to
partake of what belongs to God2. This means that every
human being has the right to a means of living and that
those who hold economic or political power do not have
the right to deprive others of the basic necessities of life by
misappropriating or misusing resources which have been
created by God for the benefit of humanity in general.
G. Right to Work
According to Qur'anic teaching every man and woman has
the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labour
belong to the one who has worked for them regardless of
whether it is a man or a woman. As Surah an-Nisa', 4:32
1
2
Reference here is to Surah at-Tawbah, 9:122.

For instance, see Surah al-An'am, 6:165 and Surah al-Mulk, 67:15.
171
states: ...to men is allotted what they earn, and to women

what they earn.1
H. Right to Privacy
The Holy Quran recognizes the need for privacy as a
human right and lays down rules for protecting an
individual's life in the home from undue intrusion from
within or without2.
I. Right to Protection from Slander, Backbiting,

and Ridicule
The Holy Quran recognizes the right of human beings to
be protected from defamation, sarcasm, offensive
nicknames, and backbiting3. It also states that no person is
to be maligned on grounds of assumed guilt and that those
who engage in malicious scandal mongering, will be
grievously punished in both this world and the next4.
J. Right to Develop Ones Aesthetic Sensibilities

and Enjoy the Bounties Created by God
As pointed out Muhammad Asad: By declaring that all
good and beautiful things belong to the believers, the
Quran condemns, by implication, all forms of life-denying
asceticism, world renunciation and self-mortification.5 In
fact, it can be stated that the right to develop ones
aesthetic sensibilities, so that one can appreciate beauty in
all of its forms, and the right to enjoy what God has
1
The Holy Qur'an, p. 194.

For instance, see Surah an-Noor, 24: 27-28, 58; Surah al-Ahzab, 33:
53 and Surah al-Hujurat, 49:12.
3
Reference here is to Surah al-Hujurat, 49:11-12.
4
For instance, see Surah an-Nur, 24:6-9; also see Surah an-Nisa',
4:148-1 49.
5
The Message of the Holy Quran, p. 207.
2
172
provided for the nurture of humankind, are rooted in the

life affirming vision of the Holy Quran.1
K. Right to Leave ones Homeland Under

Oppressive Conditions
According to Qur'anic teaching, a Muslim's ultimate
loyalty must be to God and not to any territory. To fulfill
his Prophetic mission, the Holy Prophet Muhammad(e)
decided to leave his place of birth, Mecca, and emigrated to
Madina. This event (Hijrah) has great historical and
spiritual significance for Muslims who are called upon to
move away from their place of origin if it becomes an
abode of evil and oppression; where they cannot fulfill
their obligations to God or establish justice.
L. Right to The Good Life

The Holy Quran upholds the right of the human being not
only to life but to the good life. This good life, made up
of many elements, becomes possible when a human being
is living in a just environment. According to the Quranic
teaching, justice is a prerequisite for peace, and peace is a
prerequisite for human development. In a just society, all
the earlier-mentioned Human Rights may be exercised
without difficulty. In such a society, other basic rights such
as the right to a secure place of residence, the right to the
protection of one's personal possessions, the right to
protection of ones covenants, the right to move freely, the
right to social and judicial autonomy for minorities, the
right to the protection of ones holy places and the right to
return to one's spiritual center, also exist
***
1
For instance, see Surah al-A'raf, 7:32.
173

Ms Qaisar Habeeb Hashmi*
The history of Human Rights is as old as the human
history, or as old as the creation of Adam and Eve. They
were ordered to cohabit, and the rules of cohabitation were
laid down. Surah Baqara says O Adam you and your wife
live in Paradise. Eat from wherever you like but do not go
near that tree or you will be counted with the unjust ones1.
As the population of the world increased, the rules were
expanded and altered. The last Messenger came with the
final set of laws, and Allah completed Islam through him.
He brought the rules, applicable at all times, in journeys
and stays, in fields and jungles, on the mountains and in the
sea and in war and peace. The Holy Quran says: Today
the disbelievers have become despondent in hurting Islam
in anyway. Do not be afraid of them. Fear Me only. Today
I have completed your religion; completed My graces upon
you, and preferred Islam as a religion for you2.
Our basic book is the Holy Quran and Human Rights have
been explained in many Surahs, or we can say that the
history of the complete set of Human Rights is 1425 years
old; while in the West it is thought that it originated only
after 1927. As far as human resource is concerned, it has
*
Reader in Department of Sunni Theology, Aligarh Muslim

University, Aligarh
1
Verse 35.
2
Surah al-Maidah, Verse 3
174
been mentioned very clearly in Surah Bani Israel.1 We

have created mankind above all other creatures and in
Surah at-Teen. We created mankind in the best image2.
In Surah Luqman Allah says: Dont you see that Allah
has made all that is in the sky and on earth subservient to
you3. Similar words have come in Surahs al-Ibrahim, alNahl, al-Hajj and al-Zukhruf. The most compact ayats on
Human Rights are in Surah Nisa`: Worship only Allah and
do not make partners for Him. Be kind to your parents,
relatives, neighbors, close friends, travelers, and those who
are in your control. Allah befriends others and dislikes the
proud, the vain and the boastful people, who are miserly
themselves and instigate others to miserly lives; and who
hide that which Allah has bestowed upon them.4 The
human society comes into existence by corelations and it
can only be peaceful if all the people strive to give others
their due rights. We should be aware of the rights as well as
obligations then only will the distressed get their due share.
Allah has made His own right compulsory on the man
himself. In Surah Nisa He says: O Believers! Do not use
each others wealth but only when there is a mutual
agreement for trade. Do not kill yourselves.5 This means
that suicide is unlawful or haram. The Messenger has said:
Whosoever takes his own life, will be kept alive till
Qiyamat only to keep repeating the manner of his own
death. In Surah Tahrim Allah says: O believers! save
yourselves and your family from the fire.6 You can only
save yourself from the fire of Hell if you abstain from evil
1
Verse 70
Verse 4
3
Verse 20
4
Verse 36-37
5
Verse 29
6
Verse 4
2
175
deeds, which destroy your character. He who remains

righteous in his life, will be beneficial for himself, his
relatives, neighborhood, towns and country. Love grows
under the shadow of mutual respect and cooperation.
Cooperation has been described in the following way as
given in Surah al-Maidah: Help each other in good deeds
but do not help in sins and evil deeds.1
Sometimes anger prevents a person from giving another
person his due right. The mental tension makes the mind
unjust and creates the opportunity of the rights being
trampled. In Surah ale-Imran Allah showed us how to
avoid this: Those who control their anger and forgive
others, and Allah befriends the righteous people.
Equilibrium between rights and duties is the life of a
healthy society. It is the spinal cord on which the whole
structure is balanced and mutual love, power and peace
stand. The first duty is the duty towards parents or the
rights of the parents. You should treat them kindly, obey
them; cajole them and serve them. In Surah Bani Israel2
Allah says: And your Lord has decreed that you should
worship none but Allah. Be kind to your parents if they live
with you in their old age. Do not wince or be rude to them
in reply but talk to them respectfully, and bow before them
in humility. Pray for Allah to have mercy on them, Just as
they were kind and merciful to me in my childhood. One
person asked the last Messenger, Who deserves my best
behavior? Hazrat answered Your mother. He asked:
After her? He said: Your mother He again asked:
After her? Hazrat said: Your father (Bihar: Kitabul
Adab). Allah has asked us to be always thankful to our
1
2
Verse 2
Verse 23-24
176
parents and to be so both orally and in deeds. Surah

Luqman1 says: Be thankful to Me and your parents. The
Holy Messenger has said, It is a great sin to make
partners for Allah and to be disobedient to parents. (Sahih
Bukhari Kitabul Adab). Abdullah ibne Masud asked the
Messenger: Which deed does Allah like the best? He
answered: Worshipping at the fixed time. He again asked:
Which deeds? Hazrat said: To obey your parents. On
asking again, he said: Jihad fi Sabilillah. (Bukhari in
Kitabus-Salat): If the parents ask you to disobey Allah then
only should you disobey them, but you should not stop
respecting them. Surah Luqman says: If they press you to
make partners for Me about whom you have no knowledge
then you should definitely not obey them but be kind to
them in this world.
The husband and wife complete a mutual life and both
have rights on each other. If these mutual rights are not
respected and the man tends to have a lopsided view of his
own rights, then it will result in chaos. In Surah alBaqarah, the Holy Quran says: Those women have rights
similar to mens right on them. In his last Sermon the
Messenger said: You have rights over your women just as
they have rights over you. (Jami Tirmizi). In another
hadith he says, These women have the rights of fooding
and clothing on you (Abu Daud). The husband should not
torture his wife or talk to her indecently. He should cajole
her. He is also responsible for teaching Islam to her. Surah
Tehreem says: If you have more than one wife you should
be just with them. If you fear that you will not be just with
the orphan girls then marry any other women, two, three or
four. If you feel you will be unjust then one woman.2. It is
1
2
Verse 14
Quran, an-Nisa, Verse 30
177
compulsory for the husbands to pay the dowry money

(Mehr). Surah Nisa says: Give the women their Mehr
happily Allah has decreed the share for women. Surah
Nisa says: The wealth the parents or relatives leave
behind after their death be it large or small has a share for
the men and a fixed share for the women.1
The husband has certain rights over his wife, which she
must fulfill. His right as a husband should be respected as
explained by the hadith (Bukhari and Muslim). The wife
should look after the honor and respect of the husband and
should not call to her house a person he dislikes in his
absence. Hazrat Said: It is the duty of the women not let a
man whom you dislike enter your house (Muslim). She
should not go out of the house without her husbands
permission and should respect his opinion in other matters
too. Hazrat Said: The best wives are those who make you
happy when you look at them. When you ask them they
obey. When you are away they protect your wealth and
honor. The man is the governor of the house the women
should obey him as well as teach the children to do so. So
that the house remains haven of peace. Surah Nisa2 says
the same.
The relatives should fulfill each other's rights and this is
called Silah Rahm. In Surah Rom3 Allah says: Give the
relative his share and the destitute and traveler his share.
This is better for those who want to please Allah and they
are the ones to be rewarded. In Surah al-Nahal the Holy
Quran says:4 Verily Allah orders you to give the rights of
1
Ibid, Verse 7
Ibid, Verse 34
3
Ibid, ar-Rum, Verse 48
4
al-Nahl, Verse 96.
2
178
the relatives. The rights of the relatives depend on their

closeness. In Surah al-Ahzab 1 the Book says: The
relatives are more deserving than the general Muslim in
Allahs Book. There is a hadith where the Holy
Messenger said: Allah says I am Rehman and Raheem
(relatives) I have attributed as my name. He who joins it I
join him and he who cuts it then I break away from him.
One should not break away from relatives and keeping
relationship is the sign of a Mumin. In Surah Rad2 is
given: Those who fulfill the covenant with Allah and do
not break it; who keep the relationship that Allah has
ordered to keep joined, who fear their Lord and fear evil,
who forbear to please Allah, say their prayers and they
give overt and covert charity from what that we have given
them, they eradicate evil through goodness. These are the
people who have houses in the Hereafter. The Holy
Messenger has said: Anyone who wishes Allah to increase
his sustenance, should keep relations intact (Bukhari:
Kitabul Adab). The Mumin should treat his relatives well
and be patient with their rudeness. A companion
complained to the Holy Messenger: O Messenger! my
relatives treat me badly even though I am kind to them.
Hazrat replied: You are putting them to shame. Allah will
keep helping you so long as you keep doing this (Sahih
Muslim). There is yet another hadith: If the relatives are
poor then they should be preferred for giving Sadaqa and
Zakat. Giving Sadaqa to a destitute is only Sadaqa but
giving it to a relative is Sadaqa as well as Silah Rahm
(Tirmizi).
1
2
Verse 6
Verse 20-22
179
Islam has also stressed on the rights of neighbors and this

leads to national security. The Holy Messenger said: He
who believes in Allah and the Hereafter should treat his
neighbor well (Bukhari). Hazrat Ali has said: The Holy
Prophet stressed the importance of neighbours so much that
I thought he would have given a share in inheritance too.
A Mumin should not hurt his neighbours, be they of any
religion, caste, creed or culture. His nationality or religion
does not alter his rights. Hazrat said: If a neighbor is not
safe from him then that person is not a Mumin (Bukhari).
Neighbours should be tolerant with each other. They
should be invited in tending their sick ones, in happiness
and in tragedy. The hadith of the Holy Messenger says:
Anyone who believes in Allah and his Rasul should treat
his neighbors well. If he is poor, then he should be helped.
If a person fills his stomach while the neighbor remains
hungry, then that person is not a Momin, said the Holy
Messenger. Exchange of gifts increases well-being and
love. The Holy Messenger told Hazrat Abuzar: O
Abuzar! If you have cooked only soup then increase it by
water and give some to your neighbor (Muslim). If you do
not give the neighbor his dues or rights you will be
answerable after death. At times there are differences but
they should be avoided or resolved through the sayings of
the Holy Prophet. A good neighbor is a gift of Allah.
Another right that the Quran speaks of, is the right of
children over the parents and on it depends the future well
being of the society. The parents should not be selfish and
greedy for wealth and stop the birth of children. They
should allow them to be born and live rather than be killed.
They should look after the proper education of their
children, and girls should be accepted and brought up
willingly. If the person looks after two important factors,
180
one that his children should grow up without inferiority

complex and two, that they do not become dependant on
others, then such a person will go to Paradise.
Common people too have mutual rights even though they
may not be relatives. The Holy Messenger said: All
Muslims are brothers and have mutual rights. When you
meet a Mumin, greet him with peace. They should visit
each other in sickness and if someone dies then attend his
funeral prayers. Accept his invitation. If he asks for advice,
then be sincere with him (Bukhari). The Sahih hadith
mentions other rights also e.g. a Muslim should not
physically or otherwise hurt another Muslim and he prefers
for him what he prefers for himself. If he is innocent, then
help him; but if he is unjust, then convince him to give up
being unjust. Do not stop talking to each other for more
than three days in anger. Do not mock one another or be
jealous, and do not betray a fallen Muslim (Bukhari
Muslim). Help the needy with Zakat and Sadaqat. When
some one talks ignorantly, teach him wisdom.
The Right of non-Muslim over Muslims: Muslims or nonMuslims, all are human beings and the children of Adam
and they should respect mutually the existence of each other.
This promotes well-being in society. A peaceful atmosphere
signifies development, and mental peace leads to high
thinking. Muslims should treat the non-Muslims well. The
last Messenger has said: Mankind is the family of Allah,
and Allah likes the person who well treats his family.
(Mishqat). When the opportunity comes to implement
justice, it should be done impartially even if it goes against a
near one. The Holy Quran has ordered: O believers! Be
on the right path created by Allah and be the witness for
justice. The animosity against any nation should not turn
181
you away from justice. Be just. It is closer to piety. AlMaidah says: We should be kind and considerate with
them. The Holy Messenger said: Allah will not have
mercy on a person who does not have mercy on others
(Bukhari al Tawhid). We should always keep helping them;
feed them if they are hungry and cloth them if they are bare;
treat and nurse them when they are ill and comfort them in
their despair. Hadith says that on the day of Qiyamat, Allah
will ask man on behalf of all the needy: I was hungry,
thirsty and sick but you paid me no attention. The man will
reply: You are Omnipotent and without needs. Allah will
then say: My so and so servant was hungry, had you fed
him you would have found me close to you; so and so was
thirsty had you given him water, you would have found me
close; so and so was ill, had you treated him and nursed him
you would have found me close. (Muslim).
The Holy Messenger has laid great stress on the protection
and well being of those non-Muslims who are citizens of a
Muslims state or who have agreements with them. He said:
If anyone hurts a Zimmi, then I will be his advocate on
judgment day and I will win my plea. In Sahih Bukhari he
says: Never be unjust to a Zimmi who has an agreement;
never over burden him and if something is forced away
from him then I will be his advocate on the day of
judgment.
Islam has even allowed protection to an enemy. The Holy
Messenger and Islam have enriched the society with the
knowledge of rights and duties. Today, we need to
implement these commands. We should propagate it orally
and in writing but the best way is to establish them through
deeds.
***
182
THE HUMAN RIGHTS IN THE HOLY

QURAN
Ali Momini Rad*
This article briefly states that the Holy Quran, the primary
source of law in Islam, provides many Human Rights for the
individual and society. In the other word, the attempt of this
Article is to discuss each of the essential and fundamental
Human Rights in the Holy Quran.
Introduction:
The primary source of knowledge in Islam is the Holy
Quran. The Holy Quran consists of the Arabic text,
revealed to Prophet Muhammad (peace be on him) over a
period of 23 years.
The Holy Quran gave to mankind an ideal Code of Human
Rights fourteen centuries ago. These rights aim at
conferring honor and dignity on mankind, and to eliminate
exploitation, oppression and injustice.
Human Rights in Quran are firmly rooted is the belief that
God, and God alone, is the Law Giver and is the Source of
all Human Rights. Due to their Divine origin, no ruler,
government, assembly or authority can curtail or violate, in
*
Member of Academic Board, Sharif University, Tehran, Iran
183
any way, the Human Rights conferred by God, nor can they
be surrendered.
Human Rights in Quran are an integral part of the overall
Islamic order, and it is obligatory on all Muslim
governments and organs of society to implement them in
letter and in spirit within the framework of that order.
It is unfortunate that Human Rights are being trampled
upon with impunity in many countries of the world,
including some Muslim countries. Such violations are a
matter of serious concern and are arousing the conscience
of more and more people throughout the world.
These are the rights which every human being, on account
of his belonging to the human race, is entitled to without
any discrimination of sex, colour, race, religion, abode
(land) and nationality. An Islamic State guarantees these
rights to every individual living in its territory. And, if the
State fails to provide such a surety, the individuals can
acquire those rights through the court of law.1
1-The Right to Life

The first and the foremost basic right is the right to live and
to respect human life. The Holy Quran lays down:
...whosoever killed a soul not to retaliate for a soul, nor
for creating disorder in the land, then it is as if he had
killed all mankind. And whoso gave life to one soul, then it
is as if he had given life to all mankind... (Quran, 5:32)
Do not kill a soul which Allah has made sacred,
except through the due process of law (Quran,
6:151)
1
www.alhewar.com, Universal Islamic Declaration of Human Rights.
184
2-The Right to Justice

This is a very important and valuable right, which Islam
has given to man as a human being. The Holy Quran has
laid down: Do not let your hatred of a people incite you to
aggression. (Quran, 5:2)
O believers! stand up firmly by the Commandments
of Allah, bearing witness with justice and let not the
enmity of any people incite you that you should not do
justice. Do justice that is nearer to piety and fear
Allah, undoubtedly, Allah is aware of your doings.
(Quran, 5:8)
- And again, in Surah 4: An-Nisa': 13f; the Quran
emphasizes the importance of upholding justice:
O ye who believe! Stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be (against) rich
or poor: for Allah can best protect both. Follow not
the lusts (of your hearts), lest ye swerve, and if ye
distort (justice) or decline to do justice, verily Allah is
well acquainted with all that ye do.
Islam is a religion of justice. God has said: Truly God
commands you to give back trusts to those to whom
they are due, and when you judge between people,
judge with justice.... (Quran, 4:58)
And He has said: ...And act justly. Truly, God loves those
who are just. (Quran, 49:9)1
1
Hassan Riffat, Religious Human Right in the Holy Quran, University

of
Louiville-Louisville-Kentuky, U.S.A.
185
3-Equality of Human Beings

Racism is not allowed in Islam, for the Holy Quran speaks
of human equality in the following terms: O mankind!
We have created you from a male and a female, and have
made you into nations and tribes for you to know one
another. Truly, the noblest of you with God is the most
pious. Truly, God is All-Knowing, All-Aware. (Quran,
49:13)
This has been exemplified by the Prophet in one of his
sayings thus:
No Arab has any superiority over a non-Arab, nor
does a non-Arab have any superiority over an Arab.
Nor does a white man have any superiority over a
black man, nor the black man any superiority over the
white man. You are all the children of Adam, and
Adam was created from clay (al-Bayhaqi and alBazzaz)
4-Right to Respect:
In (Surah al-Isra, 17:70) the Holy Quran says: Now,
indeed, We have conferred dignity on the children of
Adam. Human beings are deemed worthy of esteem,
because of all creation they alone chose to accept the
trust of freedom of the will (Quran, Surah al-Ahzab,
33:72). Human beings can exercise freedom of the will
because they possess the rational faculty, which is what
distinguishes them from all other creatures (Quran, Surah
al-Baqarah, 2:30-34). Though human beings can become
the lowest of the lowest, the Holy Quran declares that
they have been made in the best of moulds (Quran,
Surah, At-Tin, 95:4-6), having the ability to think, to have
knowledge of right and wrong, to do the good and to avoid
the evil. Thus, on account of the promise which is
186
contained in being human with the potential to be God's

vicegerent on earth, the humanness of all human beings is
to be respected and considered to be an end in itself.1
5- Right to Freedom:
The Holy Quran is deeply concerned about liberating
human beings from every kind of bondage. Recognizing
the human tendency toward dictatorship and despotism, the
Holy Quran says with clarity and emphasis in Surah alImran, 3: 79)
It is not (possible) that a man, to whom is given the Book,
and Wisdom, and the Prophetic Office, should say to
people: Be ye my worshippers rather than Allahs. On
the contrary (He would say): Be ye worshippers of Him
Who is truly the Cherisher of all.
6- The Protection of Honor

The Holy Quran clearly lays down:(a)You who believe,
do not let one (set of) people make fun of another set. (b)
Do not defame one another. (c) Do not insult by using
nicknames. (d) And, do not backbite or speak ill of one
another (49:11-12).
7-The Security of Life and Property

God Almighty has laid down in the Holy Quran: Anyone
who kills a believer deliberately, will receive as his reward
(a sentence) to live in Hell for ever. God will be angry with
him and curse him, and prepare dreadful torment for him
(Quran, 4:93)
1
Hassan Riffat, Religious Human Right in the Holy Quran, University

of
Louiville-Louisville-kentuky
187
8 Right to Sustenance:
As pointed out by Surah Hud, 11: 6, every living creature
depends for its sustenance upon God. A cardinal concept in
the Holy Quran which underlies the socio-economic and
political system of Islam, is that the ownership of
everything belongs not to any person, but to God. Since
God is the universal Creator, every creature has the right to
partake of what belongs to God (Surah al-Anàm, 6:165;
Surah al-Mulk, 67: 15). This means that every human being
has the right to means of living, and that those who hold
economic or political power, do not have the right to
deprive others of the basic necessities of life by
misappropriating or misusing resources which have been
created by God for the benefit of humanity in general.
To provide means of sustenance to every individual, is the
responsibility of the system raised on Divine Injunctions:
(Quran 6:152). Such system shall proclaim: We are
responsible for your needs as well as the needs of your
offsprings.
9-Right to Acquire Knowledge:

The Holy Quran puts the highest emphasis on the
importance of acquiring knowledge. That knowledge has
been at the core of the Islamic worldview from the very
beginning, is attested to by (Surah al-Alaq, 96:1-5), which
Muslims believe to the first revelation received by the Holy
Prophet Muhammad(e). This passage reads:
Proclaim! (or Read) in the name of thy Lord and
Cherisher, Who created, created man, out of a (mere) clot
of congealed blood. Proclaim! And the Lord is Most
Bountiful He Who taught (the use of) the pen, taught man
that which he knew not.
188
Asking rhetorically if those without knowledge can be

equal to those with knowledge (Surah Az-Zumar, 39:9), the
Holy Quran exhorts believers to pray for advancement in
knowledge (Surah Ta-Ha, 20:114)
10- Right to Develop Ones Aesthetic Sensibilities

and Enjoy the Bounties, Created by God:
Some of the most memorable passages in the Holy Quran
point to the insight and wisdom which can be gained by
reflecting on the myriad manifestations of God's creative
activity all around us. The Holy Quran tells Muslims that
monasticism was not prescribed by God (Surah a1-Hadid,
57:27). Though they are to remember that the Hereafter is
more important than the life on earth, Muslims are told to
reject the negative view that it is wrong to enjoy the beauty
and bounty of God's creation.
11-Right to Work:
According to Quranic teaching, every man and woman
has the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labour
belong to the one who has worked for them - regardless of
whether it is a man or a woman. As Surah An-Nisa', 4:32
states: to men is allotted what they earn, and to women
what they earn.
12- Sanctity and Security of Private Life:

The Holy Quran has laid down the injunction: Do not
enter in spying on one another.(Quran, 49:12) The Holy
Quran has laid down the injunction: O believers! Enter
not houses other than your own, until you take permission
and salute the residents thereof. This is better for you,
happily you may be heedful. (Quran, 24:27)
189
The Holy Quran recognizes the need for privacy as a

human right and lays down rules for protecting an
individual's life in his/her home from undue intrusion from
within or without.
13-Right to Protection from Slander, Backbiting,

and Ridicule:
The Holy Quran recognizes the right of human beings to
be protected from defamation, sarcasm, offensive
nicknames, and backbiting (Surah al-Hujurat, 49:11-12). It
also states that no person is to be maligned on grounds of
assumed guilt and that those who engage in malicious
scandal mongering, will be grievously punished in both this
world and the next (Surah an-Nur, 24:16-19). Urging
throughout that human beings should treat others with
sensitivity and compassion, the Holy Quran points out in
Surah An-Nisa', 4:148-149:
God loves not that evil should be noised abroad in public
speech, except where injustice hath been done; for God is
He who heareth and knoweth all things. Whether ye
publish a good deed or conceal it or cover evil with pardon,
verily God doth blot out (sins) and hath power (in the
judgment of values).
14-The Right to Protest against Tyranny:

Among the rights that Islam has conferred on human
beings, is the right to protest against State's tyranny.
Referring to it the Holy Quran says: Allah likes not the
utterance of evil words except one who is being oppressed.
And Allah is Hearing, Knowing. (Quran, 4:148)
190
15-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 lays down this principle clearly: And no soul
bearer of burden will bear the burden of another. And if
any one heavily loaded, calls any other to share its load,
not anyone will bear anything from its burden, even though
he may be a near relation... (Quran, 35:18)
16-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. The Holy Quran
states: And in their wealth there is the right of the beggars
and the unfortunate. (Quran, 51:19)
17-The Right to Participate in the Affairs of State:

It is stated in the Holy Quran: And those who obeyed the
command of their Lord and established prayer and their
affairs are decided by mutual consultation and they spend
something out of Our provision in Our way. (Quran,
42:38)(4)
18- The Right of a Person not to Bear the Burden

of Another:
Every soul draws the mead of his own acts on none but
himself: NO bearer of burden can bear the burden of
another. (Quran, 6:164) This is the basic principle.
19- Freedom of Conscience and Conviction:

Islam laid down the injunction: There should be no
coercion in the matter of faith (Quran, 2:256). On the
contrary, totalitarian societies deprive the individuals
totally of their freedom. Indeed, this undue exaltation of the
191
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.
20- Right of Redress of Grievances of the

Oppressed:
Allah loves not, public exposure of the evil, except
by a person who has been wronged. (Quran, 4:148)
21-Other Rights
Since Quran touches every aspect of human life, there are
a large number of references concerning Human Rights
than can be mentioned in this short summary. Reference
has been made in the foregoing account to the Human
Rights which figure most importantly in the Holy Quran
and which continue to be of on-going interest and
importance in contemporary Muslim societies. In addition
to the rights mentioned in the foregoing account, reference
may also be made to the following: (1) the right to social
and judicial autonomy for minorities, (2) the right to
protection of one's holy places, and (3) the right to return to
one's spiritual centre.
Conclusion:
The entire philosophy of Human Rights is based on the
premise that all humans are equal. No one is superior to
another through his nationality, race, lineage, colour, sex,
wealth or status. This is the fundamental message of Islam.
It is to be made clear that Islam tries to achieve the above
mentioned Human Rights and many other not only by
192
providing certain legal safeguards but mainly by inviting

mankind to transcend the lower level of animal life 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.
There are indications from across the world of Islam that
an increasing number of Muslims are beginning to reflect
seriously upon these teachings of the Holy Quran, as they
become disenchanted with capitalism, communism, and
Western democracy. As this reflection deepens, it is likely
to lead to the realization that the supreme task entrusted to
human beings by God, of being God's deputies on earth,
can only be accomplished by establishing justice, which the
Holy Quran regards as a prerequisite for authentic peace.
Without elimination of the inequities, inequalities, and
injustices that pervade the personal and collective lives of
human beings, it is not possible to talk about peace in
Quranic terms. It is important to note that there is more
Quranic legislation pertaining to the establishment of
justice in the context of family relationships than on any
other subject.
To sum up, Islam stands for emancipation and not
suppression, empowerment and not oppression, liberty and
not slavery, peace and not war, harmony and not discord,
universality and not sectarianism, and for democracy and
not tyranny.
***
PART TWO
HUMAN RIGHTS
AND
THE SIRAH OF PROPHET
MUHAMMADe
193
194
THE HUMAN RIGHTS AND THE SIRA OF

HOLY PROPHET MUHAMMAD (e)
Dr. Ahsanullah Fahad*
In Islam the basic Human Rights are as old as the existence
of man. Just as Allah has created water, food, light and
others as essential for mans existence, he has also made
certain rules and norms for the very beginning of a social
life. Man was bestowed with rules and norms of life before
he was sent to this earth. Hazrat Adam started his life on
this earth with complete knowledge and this has been
clarified by the Holy Quran: And Allah taught Adam the
names of everything. This proves that he was given
complete knowledge and he was taught about everything
that mankind would face in this universe. This included the
Human Rights vis a vis everything on this earth. When he
faced the challenge, his response to it proved that mankind
does not depend on guesswork, intuitions or enlightment
but on the rules made by Allah to respect the right of all
creatures in existence. When Qabl threatened to kill his
brother Habl after his sacrifice was not accepted, Habl
responded: If you lift your hands to kill me, I will not lift
my hands to kill you. I fear Allah, the Lord of the world. I
want you should gather my sins and become a resident of
Hell. This is the retribution of the injustice. The Quran
Department of Sunni Theology, Aligarh Muslim University, Aligarh
195
clearly shows that Habl was aware of the right to defend

ones life as declared by Allah. He knew it to be a sin and
one who does it will be put in Hell. He gave his life merely
in the fear of Allah but did not prefer to lift his hand on his
brother1. The commandments that Adam had received
about God and other creatures of God, were the same that
were sent to mankind through all the apostles including the
last Messenger. The increase in human numbers and social
life has supplemented by other orders cementing the ones
sent before. The commandments or the message was
completed in the life of the last Messenger and the Ayat
was revealed: Today I have completed your religion for
you and have finalized my blessings on you, and have
accepted Islam as the religion for you. From Adam to the
last Messenger, each apostle invited people to the one and
simple religion. They had a common mission with the same
set of laws, which were not of their creation but given to
them by the One Who gave them the status of Prophethood.
The Holy Quran says: Allah has fixed the religion which
he had instructed to Nuh and whose relatives were sent to
you which was instructed to Ibrahim, Musa and Isa with
the order that you establish this religion and do not be
diverse. The religion was not just based on tracts but
based on the faith of the tenets for all the problems of life
as a solution. It was the religion with complete
instructions2. Quran says ..Remember that we had made
an irrevocable covenant with the children of Israil that
none but Allah should they worship. Be kind to your
parents, orphans and destitute. Talk decently to people.
Establish prayers and give Zakat, but excepting for a few
most of you had ravaged against the covenant. Remember
we took a covenant from you that you should not shed each
1
. Quran al Hakeem, Surah Baqara : 31.

. Surah Maidah: 28, and 3.
196
others blood, nor eject each other from the residence. You
agreed and became a witness to it.
This history of Human Rights in the Holy Quran is a proof
that the basic rights were promulgated right from the time
of Adam. The Western world claims that the history of
Human Rights is around four hundred years old and
whatever they have achieved with hardships, benefits the
entire world today. But the history that Quran is
presenting to us, starts from the day Adam arrived on earth;
and this was not his achievement but Allah had arranged
this system for him. Wherever we have the echoes of
Human Rights the epicenter of it is the commands of Allah.
The scope of the human rights is very wide in the Islamic
society. Like other laws formulated by mankind, it does not
limit its scope between the ruler and the ruled; instead it
propagates the laws that governed the entire life of
mankind. Quran and hadith have so interlinked the laws of
Allah by faith, by worship, civility, social norms, cultural
rules, politics, justice, peace and war that you do not need
to formulate any laws to govern a society. The Human
Rights that Quran and hadith have fixed1 are above the
powers of the state laws and through its justice they have
ensured the dignity of every individual. These rights do not
include just security of life, dignity, property, justice,
equality, freedom of expression and religion but also the
rights from breast feeding the baby to the right of dowry
(Mehr) of every women, that had been incorporated by the
Messenger and Allah. There can be no changes within now.
Quran has called them Huddallah. This parameter is
the control of both the individual and a state.
1
. Surah Shuarah :13
197
Islam has given paramount importance to human life. The

murder of a single human tantamounts to the murder of
whole nation. This is the greatest dictum, given by law in
any human society. It is found in no other laws of any
religion. The Holy Quran says: If anyone has killed a
human for any reason but to avenge murder, has killed the
entire race of mankind. He who has saved the life of one
person, has saved the life of humanity. The Messenger has
explained this on many occasions. Speaking on his
returning from his last Hajj, he said: O people your
blood, wealth and respect has been banned on others
forever. Their respect is the same as today, this months
(Zilhijjah) in this city of Makka. Be warned that you should
not be at one anothers throat after I am gone and be
counted among the disbelievers. He then gave the
foremost example of his advice: All the customs of the
pre-Islamic days are now obsolete. First is the revenge that
I declare void for my own family. The blood of the infant
of Rabi bin Hris who was killed by Bani Hazl, I now
declare forgiven. We get the true picture of the stress
Islam has put on human life at the fall of Makkah when
general amnesty was declared for all. The pagans of
Makkah were treated like the oppressors till the time they
kept attacking Islam and Muslims. In the Battle of Badr,
Hazrat Umers idea of killing the prisoners has given the
procedure over Abubakar's idea of taking ransom money
and letting them go. In the defeat of Makkah, however, the
status of pagans changed. With the change of their status
their aggression on Muslims and Madina came to an end.
They came under the Islamic patronage as a defeated
people. The Messenger gathered the people at Ka'ba and
asked: Do you know how I am going to treat you today?
The crowd answered: You are respected brother and the
son of a respected brother. The Messenger answered:
198
There is no compulsion on you today. Go you are all

free.
The Prophet granted the following rights:
The Right of Ownership of Property

Gained and for which the taxes have been paid is free from
governmental interference. The owner of such properties
will have the following rights: (1) The Right to use it, (2)
the Right to make profits of investment, (3) the Right to
transfer it or sell it, and (4) the Right of its safety. The land
which the Messenger chose for the Masjide Nabawi,
belonged to two orphans. They offered their land free but
the Messenger had the lands price assessed and paid them
according to the market rate prevalent in those days.
The Islamic State provides the right of dignity to its
citizens. In his Sermon after the last Hajj, the Holy Prophet
he had ordered the same. In many of his speeches, he asked
or ordered that none should hurt or insult another. Once he
said: The back of the Muslim is honourable and it should
not be beaten excepting if he has done a deserving crime1.
If anyone hits a Muslim without a reason, Allah will
subject him to punishment.
The Right to Personal Life

The Islamic State provides total security to a mans
personal life. They are absolutely free within the four walls
of their houses. Quran has ordered people not to interfere
in another persons personal matters. This is why the
Messenger has said: When a person sees the defeat of
. Nafs Mussada, Surah Maidah :32.
199
another and shields it then it is as if he has rekindled life in

a dying person. (Abu Dawood, Nisai).
We can judge from an incident of Hazrat 'Umar as to how
far an Islamic ruler can interfere into other peoples
personal problems. One day in the night he heard a person
singing inside his house, he climbed the wall and looked
and espied that there was wine and also a woman. He
called out: O enemy of God! What did you think you will
disobey Allahs commandments and He will not expose
your secret? The man answered: Amirul Muminin do not
be hasty. If I have committed one sin then you have sinned
thee. Allah has prohibited inquisitiveness and you have
dropped in; Allah has ordered us to enter the houses from
the door but you have climbed the walls; and Allah has
prohibited us not to enter another persons house without
permission as you enter your own, but you trespassed into
my house without my permission. Hearing this Hazrat
Umar confessed his sins and took no actions against that
person but took a promise from him to be good.
Personal Freedom:
Islamic State does not allow the detention of any person
until the guilt is proven. Today, pre-eruptive detention is
the game being played on the pretext of national security.
This is not allowed in Islam. The Islamic viewpoint is to
avoid punishment as much as possible, the proof of guilt is
not for punishment.1 The scope of forgiveness should be
searched first. The Messenger has said: Try and save the
Muslims from punishments as much as possible. Excuse
them at the slightest possibility. This has been elaborated in
the incident of bin Malik. He committed adultery. Came to
1
. Bukhari. p. 323.
200
the Messenger himself and said: O Messenger of Allah!

cleanse me, for I have committed adultery. Observe the
way the Messenger tries to avoid answering him. At first,
he turned his face away and said: Go away and repent to
God. He came and repeated his confession. He again
turned his face away and repeated his sentence. When he
said the third time, the Holy Prophet again turned his face.
Abubakar warned him: Look if you confess a fourth time,
then the Messenger will order your punishment; but he did
not relent and repeated his confession. Now the Messenger
paid heed to him and said: Perhaps you had just indulged
in kissing or patting? He answered No! The Messenger
asked him: Have you slept with her? He said yes. He
then asked: Did you penetrate her. He said: yes. He
said: Did you have intercourse with her? He said: yes.
In this way he answered in affirmative to three questions.
The Messenger then asked: Do you know what is Zin?
He said: Yes Sir, I did with her illegally that which a
husband legally does with his wife. The Messenger asked:
Are you married? He said: Yes, I am. The Messenger
asked: Did you drink wine? He said: No. Some one got
up, smelt his mouth, and confirmed it. Then, Hazrat asked
his neighbours: Is he insane They answered: We have
never found him so! He then said to Bin Nam who had
reared Bin Mlik and has asked the Messenger to pray for
forgiveness. If you had hidden his sin, it would have been
better. He then ordered Bin Mlik to be stoned to death.
He was taken out of the city and was stoned. When he was
being stoned, he ran and begged the people to take him to
the Messenger so that he could ask for forgiveness but no
one listened, and he was stoned to death. When the
Messenger was informed about it, he said: Why didnt
you let him see me? You should have brought him to me.
201
He may have repented and Allah may have accepted his

repentance.1
The Right to Protest Against Injustice

Islam has given the right to its citizen to protest against
oppression and injustice. They should not give in to
oppression. In the battle of Badr, the Messenger was
arranging the ranks with an arrow. Suwd bin Ghazia was
ahead of his troops. He came to him and said: Suwad be
obedient and stand. Suwad said: O Messenger! you have
hurt me though Allah has appreciated you to be just and
truthful. So give me the permission to avenge myself. The
Messenger opened his chest and said: Suwad take your
retribution. Suwd ran up and kissed his forehead.
The Right to Freedom of Expression

Islam has given the right to the citizens to express their
views freely on the matters of State. The Messenger used to
consult his Sahba in worldly matters and urged them to
express their opinion. At the time of the battle of Uhud
many of the Sahba were in favor of staying in Madina to
defend themselves, but Hazrat Hamza and the young men
felt that they should go out to fight. When he found that
majority preferred this view, he decided accordingly and
went into his room to arm himself. In the meanwhile the
elders told the young men that they have caused
inconvenience for the Messenger with this idea. So the
young men gathered outside his Hujrah to retract their
view. He came out and heard their excuse and then said:
After determining to embark on Jihd, it does not befit a
Prophet to lay down his arms before achieving his goal. Let
us go, we will fight outside Madna.
1
The narration need scruting as per the Islamic provision. Ed
202
In one ghazwa (battle) the Messenger ordered his men to

be stationed at certain fixed places. One Sahbi asked him:
You are giving instructions because of a revelation or it is
your own opinion? He said: This is my personal view.
The Sahbi said this is not the right place for battle and so
and so place will be more suitable. The Messenger
retracted his view and took that of the Sahbi.
The Order for Equality:

The Holy Quran declares every human being to be equal
and announces: We have created you from a single man
and a single woman and then made nations and
brotherhoods among you, so that you may recognize one
another. The closest to God among you is he, who is the
most righteous! The Messenger has said the same thing in
his Sermon after the last Hajj: No Arab has any
prominence over a non-Arab (ajam), nor is any colored
man inferior to a white skinned person or vice versa except
for righteousness. You are all the sons of Adam and he was
made of clay. As per the Holy Quran and hadth all
Islamic citizens are equal in society and there is no
prominence except for piety. We find complex examples in
the lifetime of the Messenger. Master and slave, the ruler
and the citizens, the rich and the poor, Muslims and nonMuslims were all dealt with equal severity of justice. A
woman of Quraysh had committed theft. When Usma
recommended that she be forgiven, the Messenger said
very strictly: O Usma! you interfere in Allahs justice
with your recommendation. Beware! do not make the same
mistake again. Then he asked Bill to gather the Muslims
in the mosque and then addressed them thus: The people
who preceded you, were destroyed because they used to
punish the lowly and forgive the upper classes. By the
Power Who has the control over our lives if my own
203
daughter had done the same thing, I would have cut her
hand (Bukhari & Muslim). Anyone living in an Islamic
State has the right to defend his innocence if injustice has
been meted out to him. Quran has the order from Allah to
his Prophet that he should proclaim: I have been ordered
to establish justice among you. The way the Messenger of
Allah and the Muslim leaders have practised this is a
beacon of light for us.
The Right to Refrain from Sins:

Every Islamic citizen has the right to disobey any order,
given to him to sin. The Messenger of Allah said regarding
this: The obedience to the ruler is compulsory till he
orders something against Allah and his Rasul. Only then
you can disobey him. (Bukhari) The above named rights
belong equally to all citizens, but the rights given by Islam
have to be based on the Holy Quran and the Sunnah, and
they include inheritance, ownership, sustenance, meher of
marriage, talaq, khulah, biya or shara, and others. No
changes can be made in these laws. All the above rights
can be obtained through the judiciary. If a woman is
divorced during her pregnancy, the Quran establishes a
norm between that woman, the infant in her womb and the
husband. Those fathers who want that their baby should be
breast fed till the stipulated time of two years, then they
will have to pay for the upkeep of the woman and the child.
No one should be burdened more than he can carry. The
mother should not be troubled because the child is hers or
the father should be bothered because the child is his. The
woman who suckles the baby, has equal rights on the father
as well as his heirs. But if they want to wean away the
child with mutual agreement then nothing prevents it. If
one wants his child to breast fed by another woman then
there is no harm provided a wage is fixed for it as per the
204
norms. Fear Allah and remember that Allah is aware of

whatever you do. The rights fixed for the infant, the
mother and the father come under the basic laws of
Governance and have be as promulgated by Allah. They
can be obtained through the judiciary and the State cannot
change the laws. The days fixed for the weaning away of
child, cannot be postponed or brought forward. We can
assess these laws by the incident of Ghandia who came to
the Messenger and confessed four times that she had
committed adultery and that she is pregnant: Please have
me stoned and cleanse me. The Messenger said: So go
and come back after delivering the child. She comes back
with the child and repeats her confession. Hazrat says: Go
suckle the child and come only after it has stopped breast
feeding. She returns after that period with a piece of
bread. She feeds the child with the bread as a
demonstration and then says: O Messenger of Allah!
now he eats bread. Hazrat gave the child to another
person to be brought up and the woman was stoned.
We understand from this incident that the first time he
wanted the life of the child to be safe; the second time he
wanted him to have his nourishment, and then only after
seeing him eat the bread that he ordered her stoning, for the
child was no longer dependent on the mother for food. His
decision is legally an example, and no one has the power to
change this law. This law now is dependent on the example
set, protecting the childs life and nourishment. One
significant point is that a child born bastardy, will be
considered innocent. The Islamic State may punish the
parents, but has to look after the total welfare of the child.
He cannot be looked down upon; instead he will be treated
as any other legal child. From this short analysis we gather
that the Holy Quran gave humanity the basic rights long
205
before the Western world thought about it. The Rasul has
explained this in his Sermon after his last Hajj. Islam did
not just promulgated these laws, but instilled them in the
consciences of the believers; putting the fear of God in
them; making them love mankind, and realizing their duty
towards the society. These are those distinctive features of
Islam that are the flag bearer of Human Rights which the
Western world does not have. This is why they are the
biggest violators of Human Rights and the U.S.
Government is leading them blatantly, being proud of it.
***
206
HOLY PROPHETS BEHAVIOUR WITH THE

OPPRESSED PEOPLE
Khusro Qasim*
The first thirteen years after Besat comprised a very
difficult period in the life of the Holy Messenger. In this
period, he concentrated on the following subjects: (1)
Preaching Oneness of Allah, and (2) the truth, recitations of
the revelation, the teaching of wisdom, propagating faith in
Allah, and the faith in the Hereafter. Thus, he concentrated
on the eradication of paganism and its obsolete and false
traditions. He was seen sometimes warning his relatives of
the punishment in the Hereafter and the Bani Quraysh. He
was seen inviting the multitude that had come to Min to
the truth, and reciting the Quran in the market place as
well as the Kaba. Sometimes, he was seen preaching at
Arafat and he was seen inviting people to Islam in
Makkah or Taif.
Taking Allahs name was to become an enemy of the
people of Makkah. Just imagine a place where friendship
was answered by animosity; well wishing was replied to by
stoning, and the truth was answered by mockery and
insults. What can an apostle do? A million salutes and
praises to the great Messenger who looked after the poor
Lecturer, Zakir Husain College of Engineering, A.M.U., Aligarh
207
and the destitute in such trying conditions. He was always

helping them and responding to their calls in distress.
In the early stages of revelation, Allah reminded him of his
days of helplessness as an Orphan: Do not be harsh on the
Orphans and do not deride the beggar1 We do not find
many incidents in the hadth books about his help to the
orphans but among the few that are found, ably described
his kindness and benevolence.
The Gift of his Shirt to a Child Explaining the Ayats 2930 of Surah Bani Israel, many scholars like Zamakhshar in
Kash-shf, Ab Hayyn Andalusi in Bahrul Muht, Allma
Alsi in Rhul Mani, Shaikh Ismal Haqqi in Rhul
Bayn and Qazi Sanullh Pnpathi in Tafsr Mazhari
have said that a lady sent a boy to the last Apostle, with a
request for a shirt, who said: I do not have anything, come
back later. The boy went back, but his mother sent him
back a second time and asked him to tell the Messenger: If
you do not have another, you have the one on your body,
please give it to us. The Messenger went in, took off the
shirt and gave it to the boy. Since he had no other shirt, he
remained inside his house and could not come out to pray.
The Sahba were worried and went in. They came to know
of the situation. Ayat 29/30 of Surah Bani Isral were
revealed. O Messenger! neither tie your hand to your
neck nor keep it totally free. Verily, Allah increases the
sustenance of those He wants and restricts for those He
wishes. He is aware of the intentions of His servants and
sees all2. Since the Messenger was an example for the
entire mankind and the majority of the people do not have
the courage to give all they possess in the name of Allah,
1
2
Quran, Surah al-Zaha : 9-10.

Verses 29-30
208
Allah ordered a more balanced attitude in charity because

the Apostle himself would not have rested before he spent
all he had in the name of Allah. His nature was such that
the word L or No was never uttered by him, so far as
charity in the name of Allah was concerned. The witness
says:
He (the last Apostle) never refused anything, asked
for in charity.
Whenever he was asked for anything (in charity), he
gave it instantly.
The Gifting of a sheet to a Needy Person: Here is another
one of Bukharis tradition which will give an idea of the
extent of the Holy Messengers charity. Hazrat Bin Saad
says a female Sahbia brought a knitted bed sheet to the
Holy Messenger and said: I have woven it with my hands
and I wish you to wear it. The Messenger accepted the gift.
Since he needed a sheet, he wore it and came out of his
house. A person said: O Messenger! What a beautiful
sheet! Please may I have it? As asked, he gave it to him.
After the Holy Messenger left the gathering. Those who
remained, told that what he did, was not something nice.
You knew that he needed a sheet and you also knew that
he would not turn down a request. Hearing this, the
Sahbia answered: By God, I did not ask for this sheet to
use it but to have it for my shroud. So according to the
narrator it became her shroud on his death.
The Incident of Abu Jahl and the Payment for the
Camel: The Messenger was always worried about the
protection of the rights of the weak against the rich and
unjust people. You can understand the amount of effort he
gave to this effort and the sympathy he had for them from
this incidence. Which ibn Hishm has recorded in his Srat.
209
Abdullh Bin Abu Sufyn Saqaf says: One person from

the tribe of Bani Arash came to Makkah to sell his camel.
Abul Hakam bought the camel but was unwilling to pay the
amount. The stranger went to a group of Quraysh and the
Holy Messenger was sitting in the corner of the Masjidul
Harm. The stranger asked the group: Who will help me
against Abul Hakam and persuade him to give my dues? I
am a poor person and a traveler and he has usurped my
right. This group pointed towards the Holy Messenger
saying: Do you see that man? Infact, they were just
joking about, because there was animosity between Abu
Jahl and the Messenger. They said Go to him, he will help
you against Abu Jahl. The poor fellow was unaware of the
background so he went to the Holy Messenger; related the
whole matter and also said: I had asked these people to
help but they have sent me to you so please help me get my
rightful dues. May Allah be kind upon you please come
(with me) to Abu Jahl. The Holy Messenger, most
naturally, must have been busy praying in the Kaaba, but
it was no ordinary form of worship to help the needy
because to console a herting heart is better than a thousand
Hajj. To gladden a sad heart is better than Hajj. A gladden
heart is better than a thousand kaabas. So the Messenger
accompanied him. The Quraysh of Makkah were watching
so they sent a spy to report what was done by Abu Jahl.
The narrator says: On reaching the house the Holy
Messenger knocked at Abu Jahls door and he called out
from inside who? The Holy Messenger said: I am
Muhammad. Come out. When he came out his face was
ashen with fear. Hazrat said: Please pay this mans dues
immediately. He replied: Please wait I will bring the
money from inside. The narrator says: Abu Jahl went in,
brought the money and paid to Arashi. The Holy
Messenger returned and told the stranger: Now go your
210
way! Arashi came back and narrated the whole episode to

that group of Quraysh and said: May God reward the
person who got me my dues. In the meantime, their spy
had also returned and they asked him what took place
there. He said: I saw a strange sight. The Holy Messenger
knocked at Abu Jahls door and he came out ashen faced
and immediately obeyed the Messenger. A little while
later when Abu Jahl came himself, they told him: May
you die what happened to you? We have not seen such a
sight before. He answered: By God, when Muhammad
knocked at my door and I heard his voice a fear
overwhelmed me. When I came, I saw a great camel
standing on his head. I had never seen such a fearsome
face, beard or neck. By God, had I refused, the camel
would have devoured me.
Saving a Zubedi from Abu Jahls oppression: The Holy
Messenger did not give speeches to make the poor happy
by talking about their rights. Instead, he always tried by all
lawful means to see to it that the oppressed got their dues.
One such incidence is narrated by Ali bin Burhanuddin
Halbi (d. 1044 H.) in his famous book Seratal Halbia.
Once when the Holy Messenger was sitting in the mosque
with some companions, a person from the tribe of Zubed
kept moving around the people of Bani Quraysh. He was
saying: O Quraysh! How can someone from outside
come to you and how can a trader bring his merchandise to
your city when you do not hesitate to be unjust to people
who enter the precinct of Kaaba. While saying this, he
reached the Holy Messenger who asked him: Who has
been unjust to you? The man said: He had brought three
beautiful camels but Abu Jahl made a deal only on one
third the price, and now after reducing the price, neither he
is willing to pay it, nor is he fixing a time for the same.
211
Hazrat asked: Where are your camels? He said: In a

neighboring hill. Hazrat got up and the Sahaba went with
him. They fixed a price to which the man agreed. Hazrat
sold the camels at a reasonable price and distributed the
price of the camel among the widows and the needy of
Bani Muttalib. Abu Jahl was watching but did not have the
courage to say a word. Hazrat then addressed him: O
Amr! refrain from such deed in future or else the
consequences will be grave for you. He said: Alright O
Muhammad! I will not do so in future. Ummaiyya bin
Khalaf and his friends told Abu Jahl: You were insulted in
front of Muhammad. It looks like you are going to follow
him or you are struck to his awe. He replied: I will never
follow him so long as I am alive. So far as being awestruck
is concerned, the real reason is that I saw people with
spears standing on either side of him. Had I opposed they
would not have let me live.
The Return of an Orphans Wealth from Abu Jahl:
The Prophet knew the despair of the orphans, for he had
been himself one like them, and so he always patronized
them; consoled and helped them. Here is another incident
concerning Abu Jahl who was the guardian of an orphan.
Since people hardly came to the aid of the victims, he
misappropriated the orphans wealth. The orphan knew that
none would help him against Abu Jahl, so he came straight
to the Holy Messenger from where no one went unhelped.
He asked for help and Hazrat went to Abu Jahl with him
and asked Abu Jahl to return the money. He did so
immediately. When asked about it by Zain, he said: I was
afraid of the spears on both sides of him. Had I refused to
repay, I would have been killed.
212
Maghdmul Mulk Sharafuddin Yahya Munri is one of the

famous Sufis of India. He wrote a letter to Firoze Shah
Tughlaq about helping a person and also the general
people. He has written a strange incident about the Holy
Messengers help to the oppressed. He says: Hazrat Bill
has narrated that once the Holy Messenger asked me to go
out and look. When I went out, I found a Christian
standing. He asked about the Holy Messenger and was
allowed in and he said: O Muhammad! you say that you
are Allahs Apostle and invite us to Islam. If you are the
true Messenger then you should see to it that the strong
should not oppress the weak. Hazrat asked about the
oppressor and he said that Abu Jahl had taken his wealth.
This was the time for the Messengers siesta. Abu Jahl too
must be resting and will be upset. He went and knocked at
Abu Jahls door, who became angry. He swore and oath on
Lat and Uzza that he would kill the person at the door.
When he came out he saw the Holy Messenger: How did
you came and did not send someone, he said. The Holy
Messenger angrily said: Why have you usurped this
Christians money. Return it. He said: If you have come
for this then you should have sent someone and I would
have refused it. The Messenger told him not to talk but
give the material back. He brought the entire woolen
material and gave it. Hazrat asked the Christian: Now you
have your assets back. He said: Yes but for a bag.
Hazrat asked Abu Jahl to give the bag and he said: O
Muhammad! You go back I will return it to him. Hazrat
said: I will not go back until you return the satchel. Abu
Jahl went inside the house but could not find the satchel.
He came out with a better one and said: I could not find
the bag so I brought the better one. Hazrat said: O
Christian! Is this satchel better or the other one? He said:
O Muhammad! This one is better. Hazrat said: Had
213
you said that the other was better I would not have returned
it, but would have recovered its price for you.
To conclude, it may be said that the Srat or the Character
of the Holy Messenger was like an unending clean and
pure ocean. Just as the miracles of the Holy Quran will
never cease, the miracles of the Messengers character too
will never cease till the Day of Judgment.
Bibliography
Bukhari Sharif, Vol. 2.792 and 2.253
Zarqani Sharrah Muwahib, Vol. 4.295
Bukhari Sharif, Vol. 1.170
Seerah Ibn Hisham, Vol. 1.416/417
Seerah Halbia, Vol. 506/7
Seerah Halbia, Vol. 1.506
Seerah Halbia, Vol. 1.506
Sayyed Sabauddin Buzme Sufia, 412-413.
***
214
THE FREEDOM AS HUMAN RIGHT

IN NAHJUL BALAGHA
Dr.S. Latif Husain Kazmi*
Introduction:
The problem of freedom of human will has been a crucial
and vexing question from the dawn of human thought and
culture. Like many other philosophical problems, it has
agitated the human mind in all ages and in all countries.
Despite various solutions advanced from time to time in
this regard, it has remained a complex issue. As in other
communities of the world, the problem of freedom was
raised as a significant issue with important socio-political
implications in the early Islamic society as well.
The pre-Islamic Arab society was a stern fatalistic society.
The people of the Peninsula had absolutely abandoned
themselves to the idea of an irresistible and blind fatality.
Man was but a sport in the hands of fate. This idea bred an
utter disregard for human life.1
With the advent of Islam a new vision of life and valuesystem was inaugurated in Peninsular Arabia. The
*
Reader, Department of Philosophy, Aligarh Muslim University,

Aligarh
1
Amir 'Ali, The Spirit of Islam (Indian Edition), B.I. Publications,
Bombay, Delhi, 1978, p. 403.
215
teachings of Islam created a revolution in the Arab mind.

With the recognition of a Supreme Intelligence governing
the whole universe, they were taught to believe and
practise an attitude of self-dependence, self-awareness and
personal responsibility as well. The consciousness of moral
obligation was founded on the Islamic teaching of the right
of freedom (qadar) or human volition. The Holy Quran is
very eloquent on the issue of human freedom and
responsibility :
One of the remarkable characteristics of the Holy Quran is
the curious, and, at first sight, inconsistent, manner in
which it combines the existence of a Divine Will, which
not only orders all things, but which acts directly upon men
and addresses itself to the springs of thought in them, with
the assertion of a free agency in man and of the liberty of
intellect. 1
Freedom in the Holy Quran and Tradition of the Holy
Prophet:
Though this peculiar feature of human responsibility is also
to be found in some other holy Books like the Bible, but
the Mother of Books (Umm al-Kitab), the Holy Quran,
offers a unique account of the problem under consideration.
The conception of human responsibility is so strongly
developed and emphasized in the Holy Quran that the
question of the reconciliation of destiny and responsibility
or say Divine Will and human will naturally crops up with
full philosophical force.
Amir 'Ali, The Spirit of Islam (Indian Edition), B.I. Publications,

Bombay, Delhi, 1978, p. 403.
216
If one simply goes through the Holy Qur'an, one will find
both types of Verses: one group of Verses emphasizing the
Omnipotence of God, and the other stressing upon human
freedom. It is mentioned in the Holy Quran that:
( : )
Lo! Allah is able to do all things1 (al-Baqarah:2)

( : )
Unto Allah (belongeth) whatsoever is in the heavens
and whatsoever is in the earth; and whether ye make
known what is in your minds or hide it, Allah will
bring you to account for it. He will forgive whom He
will and He will punish whom He will. Allah is able to
do all things.2
(al-Baqarah: 284)
( : )
Allah is Mighty Wise3 (al-Baqarah : 228,240)
( : )
Allah Createth what He will. Lo! Allah is able to do
all the things.4 (al-Noor : 45).
( )
For thy Lord is ever Powerful.1 (al-Furqan : 54).
1
Al-Qur'an, 220 (English Translation from The Meaning of the

Glorious Qur'an by Marmaduke Pickthall, Taj Company, Delhi,
Edition, 1983).
2
Ibid., 2: 284.
3
Ibid., 2:228 and 240
4
Ibid., 24:45.
217

)
( :
Say: O Allah! Owner of Sovereignty! Thou givest
sovereignty unto whom Thou wilt, and Thou
withdrawest sovereignty whom Thou wilt. Thou
exaltest whom thou wilt and thou abasest whom Thou
wilt. In Thy hand is the good. Lo! Thou art able to do
all things2.
On the other hand one also clearly finds in the Holy Qur'an
that God has given man freedom and power to exercise his
will according to his wisdom. The Holy Book vividly
indicates that:
( : )
Allah Changeth not the condition of a nation until
they (first) change what is there within them ....,
(: )
And that man hath only that for which he maketh
effort. 3
( : )
Whoso committeth sin, committeth it only against
himself4

( : )
So whosever is guided, is guided only for (the good
of) his soul, and whosoever erreth, erreth only against
it. And I am not warder over you.1
1
Ibid., 25:54.
Ale-Imran:26
3
al-Najm : 39
4
al-Nisa: 111
2
218
( : )
So Allah surely wronged them not; but they did
wrong themselves.2

( : )
There doth every soul experience that which it did
aforetime, and they are returned unto Allah, their
rightful Lord, and they which they use to invent hath
failed them.3
In view of the above mentioned Verses of the Holy Quran,
the question naturally comes to one's mind as to how, the
Holy Book, on the one hand, so powerfully underlines
human responsibility and on the other, advocates
everything including mans actions to be determined or
ruled by an Omnipotent Will of God. This inconsistency in
the domain of the Islamic ethical discourse, was resolved
through the blessings of the Prophet of Islam.
Prophet Muhammad(e)set up an example through his
conduct and practice that may be of great value in
resolving this issue. The Holy Prophet of Islam clearly told
the people that the Verses of the Holy Quran in which
Allahs All-Powerful Will is described and termed as the
Decree of Allah, are categorically referring to the laws of
nature. As we see, the stars and planets each have their
appointed course, so have the changing of day and night
and the seasons, and every object of creation. The
movements of the heavenly bodies, the phenomena of
nature, life and death, are all governed by the Divine Law.
al-Younus: 108
al-Tawbah : 70
3
Al-Younus : 30
2
219
So far as the other Verses of the Holy Book are concerned

they vividly indicate the idea of a Divine Agency working
upon human will; but they are again explained by other
Verses... It is to the seeker for Divine assistance that Allah
renders His help and also it is on the searcher of his own
heart, who purifies his soul from impure longings, that
Allah bestows His Grace.1
Prophet Muhammad(e) strongly advocated the liberty of
human will. His earnest belief was to inculcate a sense of
freedom and moral responsibility among the followers of
Islam. A considerable number of traditions of the Holy
Prophet endorse the above. A few traditions are given
below:
Every man is born religiously constituted; it is his parents
who make him afterwards a Jew, Christian, or a Sabaean,
like as ye take up the beast at its birth - do ye find upon it
any mutilation, until ye yourselves mutilate it?2
It is your own conduct which will lead you to Paradise or
Hell as if you had been destined therefor.
Every moral agent is furthered to his own conduct.3
These and several other Traditions of the Holy Prophet of
Islam convey that in Islam no impression of predestination
in actions of man does exist. On the contrary, they portray
a soul animated with the living faith in Allah, and yet full
of trust in human development in all spheres of life,
1
Amir Ali, the Spirit of Islam, Indian Edition, B.I.Publications,

Bombay, 1978, op. cit., pp. 405-6
2
Amir Ali, the Spirit of Islam, Indian Edition, B. I. Publications,
Bombay, 1978, op. cit., pp. 407-8
3
Ibid, p. 408
220
founded upon individual exertion springing from human

freedom. Thus, freedom is onto cosmologically guaranteed
as the most crucial human right in the framework of
Islamic discourse.
Emergence of Ilm al-Kalam and its Schools: (Mutazlah,
Asharah and Shiah)
In the history of Islamic philosophy the emergence of ilm
a/-Kalam was the result of the exercise of free choice of
man. Though the problem of freedom occurred oft and on
during the life time of the Holy Prophet, but after him it
started becoming a serious issue especially during the
tyrannical rule of the Umayyads. Thereafter, Muslims
started separating themselves into two schools of
Jabariyyah and Qadariyyah, the former affirming man's
responsibility for his actions and the latter denying it.
Under different names these schools have never ceased to
exist.
The Qadarite, and later on, their successors, the Mutazilite,
who called themselves the rationalists of Islam, became the
supporters of the Unity of God and Justice and calling
themselves Ahl al-Tawhid wa-al-Adl (the people of
Unity and Justice). They believed in man's responsibility
for his actions, otherwise how could he be rewarded or
punished by a Just God if he was not free to choose
between Good and Evil?
In reaction to the views of the Mutazilite school, another
orthodox school Asharism (scholarsticism) came into
existence after the name of its founder Abdul Hasan alAshari. They formulated the rigid metaphysical and
doctrinal system that underlies the creed of considerable
number of Muslims even now. They denied Causation and
221
Uniformity of the laws of Nature not in order to defend the

freedom of human will, but to support the arbitrariness of
Allah. They maintained that God could not be bound by
any laws; that was an encroachment on His Omnipotence.
God can act in any way He likes. He can do even those
things which do not tally with mans reason.1 The
Mutazilites deny even the possibility of God acting against
reason.
Thus, the Qadarite and the Mutazilite doctrine of complete
freedom also ignores the relativity of freedom in relation to
different individuals. And on the contrary, the Jabarite and
the Asharite notion of determinism too, goes against
Islamic teachings and can be understood in the light of
socio-political expediencies of the times. The Umayyad
rulers wrongly interpreted determinism and did many sinful
things and attributed their acts to the Rida (Will) or the
Decree of God. Iqbal has correctly analyzed and explained
the reasons behind the Umayyads attitude of the denial of
human freedom which resulted in the tragedy of Karbala:
The practical materialism of the opportunist Umayyad
rulers of Damascus needed a peg on which to hang their
misdeeds at Karbala, and to secure the fruits of Amir
Mu'awiyas revolt against the possibilities of a popular
rebellion. Ma'bad is reported to have said to Hasan of
Basrah that the Omayyad killed Muslims, and attributed
their acts to the Decrees of God. These enemies of God,
replied Hasan, are liars. Thus, arose, in spite of open
protest by Muslim divines, a morally degrading fatalism,
Muzaffaruddin Nadvi, Muslim Thought and its Source, Idara-iAdabiyat-i-Dilli, Delhi, 1983, p.71
222
and the constitutional theory known as the accomplished

fact in order to support vested interests. 1
It is not necessary to go into further details of the issue of
qadr and jabr (freedom and determinism), as explained by
the Mutazila and the Ashairah respectively, as our point
under consideration, is that the approach of the Shi'i kalam
seems reasonable because freedom to it is via media
between the two qadr and jabr.
Freedom in Saying of Ahlul Bayt and Nahjul-Balaghah
Now, let us discuss briefly the views and practices of the
Imams of the Prophets' family the Ahl ul Bayt (p.b.u.t.)
who suggested a via media between fatalism and absolute
freedom of man. The Imams suggest that the Absolute
Freedom belongs to Allah only, and He has bestowed this
power (like all other powers or attributes) to man in various
degrees according to the abilities of individual men. It is in
this sense that freedom is termed by Imam Ja'far al-Sadiq
(A.S.) and Imam A1i Rida (A.S.) as tafwid, that means
delegated freedom. When Imam Ali was asked to explain
the difference between qada and qadar, he said: The first
means obedience to the commandments of God and
avoidance of sin; the latter the ability to live a holy life, and
to do that which brings one nearer to God and to shun that
which throws him away from His perfection Say not that
man is compelled, for that is attribution of tyranny to
God.2 Imam Jafar al-Sadiq (A.S.) regarding Jabr
(determinism or compulsion) expressed his opinion viz.;
Those who uphold Jabr make out God to be a participator
1
Iqbal, S. M., Reconstruction of Religious Thought in Islam, Shaikh

Muhammad Ashraf, Lahore, 1944, p. 110.
2
Amir Ali, The Spirit of Islam (Indian Edition), B.P. Publications,
Bombay, 1978, op. cit., pp. 109-10.
223
in every sin they commit, and a tyrant for punishing those

sins which they are impelled to commit by the compulsion
of their being: this is infidelity.1 The Imam further adds:
The doctrine of jabr converts God into an unjust Master.2
However, these utterances cannot be interpreted as
advocating absolute freedom for man because the Imams,
particularly Ja'far al-Sadiq (A.S.) and Ali ibn Musa Rida
(A.S.), warned that the common individual may take it
otherwise. Therefore, their stand was that the man must
exercise his right of freedom in between Jabr (and Qadr or
Jabr and tafwid). Thus, Imam Jafar al-Sadiq (A.S.) has
been quoted in Usul al-Kafi by Muhammad Yaqub alKulayni as saying:
There is neither determinism, nor freedom (or delegated
freedom) but the matter is between the two. And a similar
saying is ascribed to the Eighth Imam of the Ah1 al-Bayt,
Ali ibn Musa al-Rida (A.S.).3
In modem times, we also see that the latest scientific
studies of the problem of freedom, both metaphysical and
political or social, arrive at the conclusion that freedom is
always relative to human beings. No society or state can
give absolute freedom to man in order to secure harmony
and mutual respect of all the members. A.V. Spakovsky, a
famous Russian social reformer and thinker shares the
same views - that in individual and social aspects of
freedom, man is partly free and partly determined:
1
Ibid, p. 411
Ibid
3
Abu Ja'far Muhammad ibn Ya'qub ibn Ishaq al-Kulaini (d. 328 or
329), Usul al-Kafi (Persian Tr.), Intisharat-e Islamiyyah, Tehran, Iran,
pp. 222-24.
2
224
Social freedom consists in a possibility that everybody can

express freely his thought, feeling and will without being
persecuted for this expression by the social environment.
But it is also quite natural that the coexistence of man with
man necessitates certain limitations in regard to the social
freedom of everybody. This co-existence transforms the
absolute freedom of man as a separate individual, as a
separate I into the coordinated freedom of man as a part
of human society, as an element of a collective we.1
Spakovsky has formulated a formula which can serve as a
symbol for this coordinated social freedom of man as: My
freedom begins where the freedom of another man ends,
and my freedom ends where the freedom of another man
beings.2 This mutual respect for the right of freedom lays
certain duties on man, the duties of granting equal freedom
to everybody. Therefore the above mentioned saying of
Imam Jafar al-Sadiq(A.S.), there is neither Jabr, nor qadr
or tafwid, but the matter is a via media between the two,
can rightly be interpreted both metaphysically and socially.
Metaphysically or rather theologically it means that
Absolute Freedom is for Allah only; man has been given
limited freedom in accordance with his bestowed powers of
knowledge: the will to choose is not independent but
depends upon knowledge. It is knowledge which examines
the various alternatives and weighs the pros and cons and
then according to the decision the will puts the powers into
motion.3
1
Spakovsky, A. V., Freedom - Determinism - Indeterminism, Martinus

Nijhoff, The Hague, Netherlands, 1963, p. 5.
2
Ibid.
3
Khalifah Abdul Hakim, Metaphysics of Rumi, The Institute of Islamic
Culture, Lahore, p. 57.
225
In a similar way Imam 'Ali (A.S.) was questioned about

Jabr and Ikhtiyar : as to whether a man is free or
determined. The Imam asked the man to raise one of his
feet from the earth, and the man did it, and then he ordered
him to raise the other one too at the same time. That was
naturally impossible. Imam 'Ali (A.S.) said that you were
free to raise one foot but you are not free to raise both.
Hence, you are free and you are not free at the same time.1
Socially and politically freedom is delimited by duties and
obligations and is not complete or absolute. Imam 'Ali ibn
Musa Rida' (A.S.) sums up the issue in these words: You
are at liberty to take one or the other path; pain or joy,
reward or punishment, depend on your own conduct. But
man has not the capacity of turning evil into good, or sin
into virtue.2 Thus, we may conclude that man is free, but
his own right of freedom demands of him to fulfill certain
duties or obligations towards himself, towards other fellow
beings, and, ultimately, towards Allah. Freedom is
meaningless if one does not fulfill these obligations. All
Human Rights become due to man when he exercises his
freedom to shoulder the duties, he is expected to perform
by his Creator, his fellow beings and his own nature.
Now, we shall discuss freedom as one of the important
Human Rights as elaborated by Imam 'Ali (A.S.). Our main
source of reference would be Nahj al-Balaghah, a
collection of the Sermons, letters and sayings of the Imam.
The third most important fundamental source, besides the
Holy Quran and tradition of the Prophet, for the present
1
2
Ibid., p. 53.
Cf. Amir Ali, op.cit., p. 412.
226
discussion, is Nahj al-Balaghah. This literary masterpiece

is centuries old though modern Islamic studies have mostly
neglected it for probably political reasons. It is a fine
collection of about 245 sermons, 79 letters and 210 sayings
of Imam 'Ali ibn Abi Talib (A.S.). This work was compiled
by Sayyid Radi (d. 1014). However, we find many of the
entries of the work appeared in much earlier works also. In
this connection the names such as the early historian
Hisham bin Muhammad ibn Kalbi (821-22) and Abu alHasan Ali ibn Muhammad al-Madainin (d. 83940) etc., are
important who in the second century Hijra, compiled the
Sermons and letters of Imam 'Ali.1
1. Freedom in Nahjul-Balaghah :
In Nahjul-Balaghah Imam 'Ali (A.S.) has repeatedly and
forcefully emphasized that God created man a trustee, a
free being, with sound senses and rational faculty, and led
him with His Grace to the right path. But it was man who
charmed himself with fable desires and wrong ambitions.
The Imam stresses this point with regard to man's natural
makeup and his ability to exercise his freedom in the right
direction. The French philosopher Rousseau's famous
dictum Man was born free, but everywhere he is in
chains, echoes the saying of Imam 'Ali, repeated time and
again during his days of struggle for human freedom, when
it was threatened by the stern fatalists and slaves of worldly
desires and encroached upon by those who wanted to
reduce a free Islamic society to a tyrannical monarchy and
barbarism.
The notion of freedom as one of the fundamental rights has
been discussed and elaborated by various religious scholars
1
Shuja Alhaq, A Forgotten Vision, Vikas Pub. House Pvt. Ltd., 1997,
p. 110.
227
and philosophers of each age. In reality, it is yearning of

man's inner being. According to Iqbal, Adam and Eve were
compelled by this urge to leave Heaven. It is presumed that
action is grounded in freedom. Islam does not accept the
Christian notion of original sin, as a punishment for which
man was thrown from Heaven. What is called the fall of
man in pre-Islamic Semitic tradition, may be interpreted
from the Islamic viewpoint as mans exercise to a life of
freedom. Thus, man coming to earth, was an act of his free
choice and has to earn eternal freedom and conquer time
through his continuous free act in this world, which tests
his urge for freedom at every step and every department of
his life.
The history of mankind is replete with a ceaseless quest for
freedom. It is a multidimensional quest: freedom from
want, from fear, from the forces of nature, from the
tyrannical behaviors of fellow beings, from injustice, from
superstition, from prejudice, from worldliness, from ones
egocentric existence, etc. Man passed gradually through the
various stages of realizing all these forms, each of which
had a material as well a spiritual aspect. Mere material
freedom is nothing unless it brings in its make spiritual
freedom also. Rather, both of them are complementary to
each other and are inseparable. The Holy Quran contained
the guiding principles of scientific inductions as well as
moral codes that could suffice for mans socio-political and
economic advancement, ensuring maximum freedom of
human action in all the spheres of mans multi-pronged
quest for freedom. Human beings are free to exercise their
freedom here and now. As Imam Ali (A.S.) says:
. .. They had been allowed time to seek deliverance;
had been shown the right path and had been allowed
to live and seek favors; the darkness of doubts had
228
been removed, and they had been let free in this

period of life as a training place in order to make the
preparation for the race on the Day of Judgment, ...1
In the same context the Imam further says:
...O people who possess eyes and ears and health
and wealth! ... The present is, an opportune moment
for acting. O creature of Allah! since the neck is free
from the loop and the spirit is also unfettered, now you
have time for seeking guidance. . . you have
opportunity of acting by will...2
In order to have a more comprehensive view of the right of
freedom granted to man by Islam, one has to understand
the Islamic concept of freedom along with all its
implications and practical consequences bearing upon
human society, State, economic activity and moral
behaviors, at both individual and collective levels.
The notion of freedom as one of the most important rights
in the framework of Islam is emphasized by the Holy
Quran, explained and practised by the Holy Prophet(e)
and the Imams of the Prophet's family (the Ahl al-Bayt
(p.b.u.t)). We have already quoted a considerable number
of Verses from the Holy Book, few traditions of the Holy
Prophet and various utterances of the Imams of Ahl al-Bayt
(p.b.u.t) besides some other renowned thinkers of Eastern
and Western philosophical outlooks in order to ascertain
the place of freedom as one of the fundamental rights of
man, enshrined in the Islamic Weltanschauung. To
substantiate the points made so far, a few more relevant
1
Imam 'Ali, Nahjul Balaghah, Sermon 81, (Tr. S.A. Raza), Ansariyan
Publications, Qum, Iran, 1401 A.H./1981 A.D., p. 155.
2
Ibid., p. 159 .
229
passages from Nahjul-Balaghah may be given here,

because the notion of freedom of human will is repeatedly
emphasized and lucidly elaborated by Imam Ali (A.S.) in
many of his Sermons (Khutbt), Letters and Sayings. The
Imam says:
Know that if one does not help himself in acting as
his own adviser and warner then no one else can
(effectively) be his adviser and warner.1
God has given inborn disposition to human mind to shape
themselves either towards good or towards evil.2 They
were given complete liberty in this world, of thought and
deed, to think as they like and to do as they desire, so that
they may develop their minds, and with the help of such
developed minds, free will, and the span of life allotted to
them, find the purpose for which they were created.3
You will be dealt with as you deal with others, you will
reap what you sow, and what you send today will meet you
tomorrow.4
In Sermon 86, Imam 'Ali further says that human beings
are given sound bodies and limbs with perfect senses to
acquire the knowledge of the external world and the light
of reason and wisdom, so that they are able to exercise
their freedom of thought and action.5 This important point
forms a recurring theme of the Nahjul-Balaghah, for a
1
Imam 'Ali, Nahjul Balaghah, Sermon 88, (Tr. S. A. Raza), Ansariyan

Publications, Qum, Iran, 1981, op. Cit. p. 168
2
Ibid., Sermon 75
3
Publications, Qum, Iran, 1981, op. Cit.
4
Ibid., Sermon 151.
5
Publications, Qum, Iran, 1981, op. cit.
230
sound body, sound senses and reason are essential

conditions of exercising freedom. In morality, wisdom and
freedom both are essential conditions. All moral actions
can be judged as good or evil or right or wrong on the basis
of wisdom and freedom. Those who are deficient in these
respects, are not held responsible for their acts, such as
insane persons and infants. Only those endowed with these
qualities are responsible for their actions. The Imam says:
...Lives of men who were enjoying themselves to
their hearts' content and had perfect freedom of action
have such useful lessons in them to teach . . .1
From the above quoted Sayings of Imam 'Ali (A.S.),
certain important points can be inferred: man is given the
right of complete freedom with the ability to exercise it;
freedom has a purpose: to realize and obey Allah and act in
just and right manner.
2. Justice:
Justice can be defined as maintaining equilibrium among
various duties and obligations and rights. As a modem
Western ethical thinker, William K. Frenkena, says:
Justice is treating people according to their needs, their
abilities, or both... the basic standard of distributive justice
is equality of treatment.2 Besides this, one must do justice
with oneself also. There are various Verses in the Holy
Quran and innumerable passages in the Nahjul Balaghah
restraining men from indulging in excesses even in
desirable deeds, such as generosity, excess of which is israf
and is prohibited. Doing justice to others, which ensures
1

Publications, Qum, Iran, 1981, op. cit..
2
Frenkena, W.K., Ethics, Prentice Hall of India Pvt. Ltd., New Delhi,
1988, pp. 49- 51.
231
social and political morality, and just behavior in relation

to Allah, require abstaining from overindulgence in ritual
worship. By maintaining justice in all these aspects - in
relation to oneself, others and Allah - man is free to
determine his destiny. In contemporary Western
Philosophy, existentialism is a movement which is credited
with introducing the notion of mans freedom in shaping
and moulding his own destiny, but a glance at the NahjulBalaghah is sufficient to arrive at the conclusion that it was
Islam alone who advanced this idea for the first time more
than fourteen hundred years ago:
If by destiny you mean compulsion (physical or
otherwise) whereby we are forced (by nature) to do a
thing, then it is not so. If it were so, there would have
been no question of reward for doing it and
punishment for not doing it, and there would have
been no sense of in Allahs promises (for blessings) or
warnings (for punishment). The Merciful Lord has
given His creatures complete freedom to do as they
like, and they are prohibited from certain actions and
warned of the consequences of such actions. These
commands carry in them the least trouble and lead us
towards the most convenient way of life.
3. Knowledge:
The Nahjul-Balaghah also emphasizes to acquire
knowledge of the creation in general and of this world in
particular, for it is a pre-requisite for knowing Human
Rights and making use of freedom in the right direction for
the purpose willed by Allah. Therefore, knowledge if used
properly, helps man in winning God's favour. As the Holy
Quran declares: And among men is he who sells his self
232
for seeking the pleasure of Allah1. Imam Ali (A.S.) says

that knowledge is the light of reason, a treasure, the root of
all good, and that which emancipates man; it is a power,2
and ones supremacy is in proportion to the extent of ones
knowledge and wisdom.3 Knowledge guards you and it is
the ruler while wealth is ruled upon. Wealth decreases by
spending; while knowledge multiplies by spending.4
4. The Rights of Underprivileged Sections:

The Nahjul-Balaghah also throws light on other aspects of
socio-political freedoms in the Islamic framework of
Human Rights and stresses upon the rights of the
underprivileged sections of the people within the
community and of the non-Muslim State subjects.
Islam paid special attention to weaker sections of society
and granted special rights to them so that they are not
denied to them, and any violation to them, is curtailed.
Islam makes special mention of all the weaker sections of
the society such as slaves, small peasants, landless
labourers, poor artisans, orphans, widows, homeless
people, mentally and physically challenged ones, the sick
and the old, prisoners and travelers etc., while laying down
the principles of justice and framing the laws according
rights to such people. To help them, the Holy Quran
introduces a system of zakat, sadaqah. Fitrah and other
financial, professional and educational help to the needy
ones. The Holy Quranic Verses al-Nur:21, al-Kahf 74, alBaqarah : 177, al- A'la: 14, 15, Fatir :19, Ha Mim: 6,7 are
1
Quran, al-Baqarah, 2 : 207

Imam Ali, Nahjul Balaghah, saying No. 146, Tr. S. Ali Raza,
Ansariyan Publications, Qum, Iran, 1981, op. cit.
3
Ibid, Saying 175 & 179
4
Ibid., Saying 146
2
233
sufficient to be referred to in this regard. So far as the

implementation of the Islamic principles or laws is
concerned, it is the duty of the governing authority or qadi
to see that justice is done to the under privileged sections.
Imam Ali (A.S.) in his letter to Malik al-Ashtar, which is a
comprehensive code of conduct for rulers and a document
laying down the Islamic principles of governance and
justice, beautifully elaborates the Holy Quranic code of
conduct adding that a qadi or governor has to be intelligent,
patient, of stable temperament, honest man of integrity,
meticulous, humble, daring, courageous and courteous.1
5. Non-Muslims' Rights and Freedom:

Again, regarding the rights and freedom of non-Muslims in
the matter of their faith, legal rights, general economic
activity, property, social security and the preservation of
their culture, the Holy Quran has taken special care of
them and ordered the Muslim rulers or managers to see that
injustice is not done to them in any of their mentioned
rights and freedom. In the Holy Qur'an a considerable
number of Verses such as al-Ma 'idah : 1; al-Nahl : 91; alAhzab : 15; al-Tawbah: 4 and 7; Banu Isra'i!: 34; alBaqarah: 177 and others clearly indicate that Muslims are
commanded to observe the conditions of their pacts and
treaties, made with non-Muslims and never to violate them.
Imam 'Ali('a) included non-Muslims also among the
common citizens paying taxes or tribute (jizyah).
Regarding pacts with an enemy, the Imam advises Malik
al-Ashtar in the following words:
Do not fight them unless they initiate the fighting,
because, by grace of Allah, you are on the right plea
1
Imam Ali, Nahjul Balaghah, letter Nos. 13 & 53, Tr. S. Ali Raza,
Ansariyan Publications, Qum, Iran, op. cit.
234
and to leave them till they begin fighting, will be

another plea from your side against them. If by the
Will of Allah, the enemy is defeated, then do not kill
the runner away, do not strike a helpless person, do
not finish the wounded . . .1
If your enemy invites you for a treaty that will be
acceptable to Allah, then never refuse to accept such an
offer. Be very careful, never break your promises with your
enemy, never forsake the protection or support that you
have offered to him, never go back on your words, and
never violate the terms of treaty. You must risk even your
life to fulfil the promises given, and the terms settled.
Because of all the obligations laid by the Mighty Lord
upon man, there is none so important as the keeping of
one's promises Deception and fraud against your enemy
is deception against Allah. Let there be no ambiguity in
them (pacts); do not try to take advantage of any
ambiguous word or phrase in an agreement... Do not reject
the peace to which your enemy may call you and wherein
there is pleasure of Allah, because peace brings rest to your
army and relief from your worries and safety for your
country.2
Further, in connection with the rights of the non-Muslim
subjects of the State, the Imam writes to Malik al-Ashtar in
the same letter:
Habituate your heart of mercy for the subjects and
affection and kindness towards them. Remember O Malik
that among your subjects there are two kinds of people:
1
Imam Ali, Nahjul Balaghah, letter No. 13, Tr. S. Ali Raza, Ansariyan
Publications, Qum, Iran, 1981, op. cit.
2
Imam Ali, Nahjul Balaghah, letter No. 53, Tr. S. Ali Raza,
Ansariyan Publications, Qum, Iran, 1981, op. cit.
235
they are either your brethren in religion or like you in

creation. They will commit slips and face mistakes. They
may act wrongfully, either will - fully or by neglect. So
extend to them your forgiveness in the same way, as you
would like Allah to extend His forgiveness and pardon to
you.1
Thus, the dhimmis (i.e. non-Muslims under the
protection of a Muslim state) and other non-Muslims loyal
to the Muslim State, fully enjoy freedom of faith and
worship. Their places of worship are protected and their
religious scriptures or personalities are given full respect.
Every kind of financial grant is received by them from the
Muslim State of which are also citizens, and thus enjoy
equal legal rights.
6. The Rights of Slaves:

The rights of slaves are also very carefully taken up by the
Holy Qur'an and well explained through word and deed by
the Prophet of Islam and his companions, particularly
Imam 'Ali (A.S). The Prophets sunnah and Imam 'Alis
instructions are sufficient to pinpoint that Islam bestowed
freedom on slaves of the world more than fourteen hundred
years ago. The slaves and women were the greatest
beneficiaries of the Islamic declaration of Human Rights. It
is because of the Islamic treatment towards freedom,
justice and equality that people who were discriminated on
racial or other psychological, economic or socio-religious
grounds, came to appreciate and admire Islam.2
Ibid.
Wahida Akhtar, Freedom in the Islamic Framework of Human Rights
with special reference to the Hanjul-Balaghah, Message of Thaqalayn,
Vol. 1, No. 1, September, 1993, pp. 120-121.
2
236
Conclusion:
From the above discussion, it may be concluded that the
notion of freedom is one of the most fundamental rights of
man as given in the Holy Qur'an and explained and practised
by Prophet Muhammad(e) and his Ahlulbayt, chiefly by
Imam Ali (A.S.), Imam Husain (A.S.), Imam Jafar alSadiq (A.S.) and Imam Ali ibn Musa al-Rida (A.S.). All
Human Rights originate in man's freedom and are secured
by the fulfillment of obligations to society and state. A
society which gives more rights to its members, is to be
considered freer than those which either grant limited rights
only or do not ensure that they are safeguarded or protected.
The modern States, as we see, the ones which claim to be
open, democratic, secular and free, curtail constitutional
rights in one way or the other; and the ones that are based
upon the sovereignty of the working class deprive other
classes of Human Rights. Furthermore, the latter, through
propaganda and doctrinal regimentation dehumanize and
mechanize free moral, agents and thus rob them of to their
right to choose in the light of their deepest lights.
The technocracy and bureaucracy of modem societies, both
capitalist and socialist, are concerned with the material
aspect of man and, consequently, dehumanize all social and
human relations. In the final analysis, freedom or other
Human Rights entail, rather presuppose a world-view and
value-system structured on the spiritual inviolability of
man. Ideologies promised on the ultimacy of matter, can
never appreciate the essential spiritual realm wherein the
norms of rights operate or ooze out, so to say, from a
transcendental or trans-human source. Merely material
gains do not satisfy the inner being of a man. Islam, on the
other hand, ensures the fulfillment of both the material and
spiritual aspirations of man by giving all sections of society
237
equal rights and ensuring their execution and

implementation by the state. Thus, Islam accepts the
inherent freedom of man and its full utilization and
development,
and
organizes
its
socio-political
superstructure accordingly. The Islamic conception of
Human Rights and its faithful implementation ensure
greater freedom to all sections of humanity than granted in
any other system or declarations of so called Human
Rights, firstly espoused by French Revolution (1789) and
subsequently championed by contemporary Human Rights
activists across the Atlantic Ocean.
If we honestly study views of the spiritual leaders of Islam,
we will see how they disapproved of all acts of injustice and
rejected all formulations or systems that sought to deprive
man of his freedom. Muslim. scholars working on Islamic
philosophy or Islamic studies and theology, must try to work
jointly to represent the true spirit and mission of Islam as
visualized and practised by the Prophet and other great
spiritual personalities in the light of the teachings of the
Holy Quran. The Holy Qur'an, the Prophets Sirah and the
Nahjul-Balaghah of Imam Ali(A.S.) can, in the best way,
guide the seekers to understand the glory and dignity of
human life. The issues pertaining to Human Rights in
contemporary science and technology driven society can be
resolved by recourse to the Holy Quranic and prophetic
world view and value-system. Mere sloganeering will not
carry us any far in this regard. The implementation of
Human Rights necessitates to work ceaselessly in the
framework provided by the Holy Quran, prophetic
teachings and principles enshrined in the Nahjul-Balaghah1.
***
1
The paper heavily draws from the writing of Wahid Akhtar
238
IMAM HUSAINS SIRAH AT KARBALA

AND THE HUMAN RIGHTS
Syed Hasnain Imam*
It is difficult to elaborate the term Human Rights for it is
wide and complex. Intolerance is the password of political
and military might. Just a few months ago, we had heard
George W. Bush declaring : Those who are not with us,
are against us. After this started a series of threat to all
countries which did not know to tow the will of the USA.
This remind some of the Proverb 6:12 in the Old Testament
: The words of the wicked men are murderous but the
words of the righteous rescue those who are threatened. In
the 60 Hijra, the declaration of Yazid ibn Muwiya bin Ab
Sufyn to Imam Husain ibn Ali bin Abi Talib was: Swear
allegiance or you die. But the Imams reply was: I would
not deliver myself into your hands with humiliation, nor
would I flee from you like a slave to save my life. In
response to Bushs threat, however, all the so-called Muslim
States, even those who financed the international terrorists,
opened their countries to the American troops. The only
right these days is might. This might in turn has given the
Western countries the right to concoct stories about other
countries such as the infamous WMD story and then to
bomb a country reeling under their economic sanctions for
*
Member Imamia Mission, and SU Academy
239
the past ten years. This sanction policy has given the
Western countries, led by the USA, the right to commit
infanticides worse than that committed by Ramesis II to
thawart the birth of Hazrat Msa. Human life in Christian
countries has a value but in the countries they consider
enemies, they cover it by the clause collateral damage.
Israel has a right to exist but the Palestinians do not have the
right to basic freedom. Adolf Hitler had the right to
exterminate thousands of Jews and the USA had the right to
bomb the civilians of Hiroshima and Nagasaki, but the
Afghans and the Iraqis do not have the right to kill the
soldier who forcibly occupies their country. How do we as
Muslims define Human Rights and what is meant by the
word dignity ?
Human Rights Today: In the year 1948, the United
Nations Charters Articles 55/56 cast a legal obligation as
the UNO took to promote respect for the observance of
Human Rights. The Universal Declaration of Human Rights
was passed in 1948 and was proclaimed in the General
Assembly. This was after the two world wars had been
fought and the world had observed the silence of the Vatican
in Rome. Further, the declaration has made after the
extermination of the civilian population of Hiroshima and
Nagasaki by the U.S.A.s Atom Bombs. This butchery of the
non-combatants may have evoked a sense of guilt in the
victorious nations and led to this Declaration. These salient
features relevant to our topic are: All humans are born free
and equal in dignity and rights. (Article 1); Everyone is
entitled to all the rights and freedoms set forth in the
Declaration without distinction of race, colour, sex,
language, religion, political and other opinion, national and
social origin, property, birth and other status (Article 2);
Everyone has the right of life, liberty and security of a
240
person (Article 3); No one shall be subjected to torture or

to cruel, inhuman or degrading treatment or punishment
(Article 5); No one shall be arbitrarily deprived of his
property (Article 13). Then there is the International
Covenant on Civil and Political Rights whose Article No
18[2] says: No one shall be subjected to coercion which
would impair his freedom to have or to adopt a religion or
belief of his choice. The American Convention on Human
Rights, 1969, says in its Article 12: Everyone has the right
to freedom of conscience and of religion. These Articles
were drafted presumably after studying the Magna Carta and
the Mosaic Laws. It is strange that the dominant Christians
States of the United Nations whom we refer in fear as
Western States, conveniently chose to ignore Islam and its
teachings. There is also no record of the so-called Islamic
nation State forwarding any suggestions because the
existence of their rulers depended and still depends on the
support of the Christian West, barring an exception or two.
The image of Islam is so tainted by the rulers of the Muslim
dominated countries that export Wahhabi terrorism that even
the atheist leader of the Ba'th Party of Iraq had the audacity
to declare what he called Jihad.
Now, we would discuss the supreme defence of Human
Rights and Dignity. Who was the defender? Sayyedna
Husain ibn Ali, the grandson of the Messenger of Islam.
Whom was he defending against? Yazid ibn Muawiya, the
so-called Khalifatul Muslimeen, who ruled Hijaz, Iraq,
Syria, Egypt, Yemen and Iran. Why was it imperative to
him to have the oath of allegiance of Imam Husain when he
was already a hereditary ruler after his father Muawiya bin
Abu Sufyn. It is simple: He wanted to justify the
transgression of his elders and the innovations he himself
had made in Islam. Imam Husain was the spiritual successor
241
of the Messenger of Islam and so long as he stayed aloof, the

true Islam would remain separated from the Islam of
convenience that had evolved after the death of the
Messenger. The clash was inevitable. Imam Husain was the
protector of the real Islam and Yazid was the formulator and
facilitator of the innovative form of Islam.
The Two Antagonists and their Genealogy: - Husain ibn
Ali. The maternal grandfather of Imam Husain was the
Messenger of Islam and his paternal grandfather was Abu
Talib who was responsible for raising and protecting the
Last Messenger, and he did so till the day he died. His father
was Hazrat Ali who is the only person to have born inside
the Holy Kaaba. He was the first to declare his belief in
Islam while still a teenager. He was the unconquered hero of
the battles of Badr, Hunayn, Khandaq, Uhud and Khybar.
He was described, thus: La Fat Ill Ali L Saif ill
Zulifiqr. The Messenger called him his successor,
protector, believer and vizier when he declared his mission
on Youmul Be'sat. He was called the complete faith Kulle
Imn when he went to fight against the Kulle Kufr. He
was unanimously made the fourth Khalifa of Islam and then
died from the injury inflicted by Ibn Muljim, in Masjidul
Kufa on the 21st of Ramadan, 40 Hijrah. Imam Husains
mother was Fatima, daughter of the Holy Messenger. She
preached Islam amongst the women when the Holy
Messenger did so among the men. The Messenger stood up
every time she entered in his presence as the mark of respect
for her piety and her effort in preaching Islam. She is called
Khtn-e-Jannat and the leader of all women in Paradise.
She was called Thira and was one of the five persons who
were under the sheet at the time of revelation of Ayat Tathr. The others were the Messenger, himself, Hazrat Ali,
Imam Hasan and Imam Husain.
242
Yazid bin Muawiya bin Abu Sufyn: His grandmother

was Hinda, the cannibal. Abu Sufyn was the facilitator,
instigator and perpetrator of all oppression against Islam. He
financed battles against Islam. He financed and fought three
major battles against the Messenger and his small and illequipped band of followers. It was only after the
Messenger's bloodless victory of Makkah that 'Abbas bin
Abdul Muttalib convinced him to save his life and that of his
family by reciting the Kalima, which he did reluctantly, not
with belief. His charade of belief was exposed when he
stood aloof in the battle of Yarmuk, urging the Romans to
defeat the Muslims.1 After the first Khalifa was nominated,
he came to Hazrat Ali and said that he would fill the streets
of Madina with swords of men if Hazrat choose to stake his
claim by force. Hazrat Ali rebuked him and rejected his
help. When Hazrat Uthman bin Affan agreed to follow the
first two Sheikhs, he was chosen the third Khalifa. Abu
Sufyn was very old then but he came to the Khalifa and
said: After a long time this Khalifat has reached you and
you should play with it as a ball. Establish your authority
through the Banu Ummaiyya. There is nothing else but this
worldly kingdom. As far as heaven and hell are concerned I
do not even think about them.2 The scholars of the Ahle
Sunnah should be praised for recording facts about Yazid
and his father Mu'awiya as they were. One incident is, Hatat
Majashi, Jariya bin Qadame and Ahnaf came to the Court of
Mu'awiya and were all given wealth but Hatat was given
less and so he complained. Muawiya said: I have
purchased both their worldly loyalty and their Iman so I
gave them more. Hatat also offered his faith on sale3.The
great Ahle Sunnah historian Mohammed bin Jarr Tabari
1
see Isti'b by Ibne Abdul Barr

Isti'ab Abdul Barr
3
Isteyab V.1/154. USDA Ghana by Ibne Asr Jazri, Vol.1. P.379
2
243
writes in his book, Vol. 2, on page 184 : Once Amr al Aas

was out of favour with Mu'aviya and a ban was imposed on
his entry to the Court. 'Amr al Aas knew of Mu'aviya's
weakness, so he sent his followers fully trained. On entering
the court they greeted Mu'aviyah saying ASSALAMO
ALEKA YA RASOOLALLAH. Muviyah heard it, but kept
silent in approval. The animosity against Islam that this
Machiavilli of Hijaz harbored within him, was exposed by
Mughra bin Sha'ba, and has been recorded by Zubair bin
Bakr, a noted Ahle Sunnah historian in his book Muqiyat.
One day Mogheera told Muawiya: Ya Amirul Muminn!
you are old in age and it is time for you to be just and kind to
people specially the Banu Hshim who are now very weak.
Moreover, they are your relatives and you will be
remembered kindly. Muawiya flared up in anger and said:
I do not hope of any kind of remembrance ! The Khalifa of
Bani Tamm Abubakr ruled and died and his memory has
died with him; The Khalifa of Bani 'Adi ruled for ten years
conquering nations. He died and his name died with him but
this Abu Kabsha (The Holy Messenger) is remembered five
times a day by saying: ASHADO ANNA
MUHAMMADUR RASOOLILLAH. How can I hope to be
remembered?1 Yazid inherited the animosity of Islam as a
genetical disease from his elders. The thorn which pricked
him most, was the first clause of the peace treaty his father
had made with Imam Hasan, saying that the Amir of Sham
will have to rule by the book, Quran and the Sunnah of the
Messenger. Further, there were two other important clauses:
(a) the life, property, honour, and children of the
companions and followers of Hazrat Ali wherever they
might be, shall be safe, and (b) Muawiya shall not try to kill
or do any harm openly or clandestinely to Hasan ibn Ali
and his brother Husain ibn Ali and also to anyone belonging
1
Muhammad bin Aqeel Hazarmi, Nasaì Kafia. P. 92.
244
to the Prophets household. None of them shall be

threatened or terrorized anywhere at any time. There are
always two parties to a treaty, one who lays down the
conditions and other who obeys them. To obey the terms of
this agreement meant acceptance of the fact that till that time
Muawiya and his followers never followed the Holy Quran
or the Sunnah, or else he would have objected and said that
he as a Muslim was already doing so. Swearing the oath of
allegiance by Imam Hussain to Yazid bin Muawiya, would
have resylted in certifying that both Muawiya and Yazid
had ruled according to the Holy Quran and the Sunnah, and
that they were the rightful successors of the Messenger. As
it was not the truth, Imam Husain could never agree to it.
Yazid wanted legitimacy to his Un-Islamic and Corrupt
rule. By his martyrdom Imam Husain has issued a
declaration till Youmul Qayamah that the Banu Ummayya
never followed the Holy Quran and the Sunnah which are
the essence of Islam.
What did Islam teach and what was Imam Husain
defending?
The following points provide answer to the above mentioned
questions:
01. There is No God but Allah and Muhammad is his
Prophet.
02. That there will be a Day of Reckoning.
03. Every human being is equal in social status and religious
duties. Hazrat Bilal was preferred over the wealthy of
Makkah. He was preferred to set the example. Islam
does not believe in any prejudices of race, color,
language or culture.
04. Every one has the right to inherit his parents property.
No one had the right to usurp the garden of Fidak that
the Messenger bequeathed.
245
05. All humans are born free with equal rights. No one has
the right to practise female infanticide.
06. No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment. No one had the
right to exile Abu Dhar Ghaffari for reciting the Holy
Quranic Verses that warned against accumulation of
wealth.
07. Everyone has the right to life and security of person. No
one had the right to attack the house of Fatima, the
daughter of the Messenger or to try to burn it down.
08. No one shall be arbitrarily deprived of his property by
aggression. Yazid had no right to trespass on the land,
purchased by Imam Husain at Karbala and to torture his
family and burn the tents after him.
09. Everyone has the right to leave his country and return to
it. Imam Husain had offered to go back to Medina or to
any other place but Yazid forced him to go to Karbala
and then got him killed.
10. No one should be deprived of the essential resources of
life. Yazid forced Imam Husain to move away from the
Euphrates and stopped the supply of water from the
fourth of Muharram. As against this, Imam Husain had
quenched the thirst of Hur Bin Yazid Riyahi and his
forces when they first met.
11. Everyone has the freedom of conscience and of religion.
The Ahlebait were being forced from the day after the
death of the Messenger to accept the people's choice of
leaders, no matter how hastily or forcibly he was chosen
in violation of what was earlier proclaimed by the Holy
Messenger.
12. No one has the right to kill children in battle. The forces
of Yazid not only killed the adolescent boys but also
even a six months old infant who was suffering from
hunger and thirst for the past three days.
246
13. Women and children being non-combatants, should be

treated with respect and dignity. But the women of the
Messengers family and others were made captives,
hand-cuffed and deprived of their Hijab, which could
protect their modesty and shield them from the coercing
heat of the sun. Moreover, they were made to sit on bare
backs of the camels which raced at full speed and were
not stopped for the children who fell from their mothers
laps.
What was Yazid Bin Muaviya bin Abu Sufyan trying to
destroy Islam?
Yazid was trying to destroy the basics of Islam that there is
only One God Allah and that Muhammad is his Prophet
because:
* He believed and followed the fatwa justifying the
right to abuse the Ahlebayt from all the mosques
for twenty-five years.
* He believed in his fathers practice of coercion,
bribery and murder of the followers of the
Ahlebait.
* He was a corrupt, so corrupt that Abdullah bin
Hunzala, Ghaseelul Malaìka said: By God in the
reign of Yazid, I fear that Allah will rain stones
from the sky.1
Khwaja Ghulam-us-Sayyedain puts the message of Islam
very aptly: Islam brought freedom to a world groaning
under the power and authority of the priests, a message of
freedom from the shackles of priestly order which claimed
to be the intermediary between the worshipper and the
worshipped; freedom from tyranny of an oligarchy of the
affluent who caring nothing for the divine law, and less than
1
Ibne Hajar, Sawaiq Muharriqa, p.125.
247
nothing for any human regulation, brazenly enjoyed the

fruits of the toil and labours of others; freedom for the slaves
and the suppressed classes from the oppression, inhumanity
and tortures of their masters and social superiors; freedom
for women from what was to all intent and purposes slavery
which divested them of their elementary Human Rights, and
freedom for the ordinary man from the constraints imposed
upon him by narrow inhibitions of castes, color and race
which blighted collective human life and divided the people
into rival warring camps. Mankind was fettered by chains
designed by it. Islam imparted to humanity the message of
freedom of thought, liberty, equality and human fraternity,
and for the first time in human history conferred plenary
civic and Human Rights upon all men. The glad tidings
rekindled new hopes and awakened a new awareness of
their being useful members of the society among the
impoverished and the persecuted who had been so far only
heartlessly trodden down by the power that be. In order to
usher in such an intellectual revolution, Islam endeavored to
river the altercation of the people to a divine power, working
its ends without the combined, cribbed and confined reaches
of materialization and looking upon all men as equal. Yazid
bin Muawiya was trying to destroy all that Islam had
established.
After the conquest of Makkah there was a great influx of
idolaters to the fold of Islam. It was only after this victory
that Surah Munafiqun was revealed. I do not say that all of
them had ulterior motives but they and those who converted
before them, saw Christianity confirm itself in the shape of
the great Roman empire. A dominant religion to them meant
a dominant kingdom. Instead of concentrating on
conquering the hearts of the people in the surrounding
countries, the rulers concentrated on winning the land of the
248
surrounding ones. By the end of the third Khilafat pomp and

splendour of the Ummayyad Court in Damascus was famous
among the Muslims all over. In order to emulate the
Byzantine empire, the Ummayyad decided to go to all
lengths to establish their rule; religion was used as a
stepping stone. It was not a clash of two personalities at
Kerbala but two opposite ways of life, two opposite
ideologies and two opposite system of political control. On
one side was Imam Husain defending the religion of Allah
from Adam onwards that had been confirmed both by the
Holy Quran and the Messenger. On the other side was
Yazid, the so-called Khalifatul Muslimin but not a rightful
Khalifat-ul-Muslimeen, (and) definitely not the Imam of
Mumineen. This was something he wanted to be known;
hence the demand for the Bayat from Imam Husain. He
failed, and when tyrants face failure their extreme step is
murder, which gives them a temporary respite but destroys
their tyranny forever.
This author would like to end his submission with an
anecdote about Yazid in Muviya bin Abu Sufyn exulting
in his material victory at Kerbala. When the heads of the
Martyrs of Kerbala were brought to him, he said: I wish
my ancestors of Badr were alive so that they could see the
despair of the enemy against the spears. This was a political
game of the Bani Hashim. There was no Divine Messenger
or revelation from the sky. I am not the descendent of my
ancestors, if I did not avenge them on the ancestors of
Muhammad. I have avenged the treatment we got in Badr.
My ancestors could be gleeful, had they been present today.
It is strange that even after 1400 years of Yazid's moral
defeat, there are some historians who have taken to defend
him and call him Khalifatul Mumineen.
***
PART THREE
Human and Sufis
249
250
HUMAN RIGHTS IN THE THOUGHT OF

MUSLIM MYSTICS:
A CASE STUDY OF SUFIS OF INDIA
Professor S. M. Azizuddin Husain*
The Sufi call in Islam was the result of an inner rebellion of
conscience against the social injustices of the age. The
impious ways of Muslim governing class, produced great
disgust in sensitive minds. It is significant that main centers
of Sufism during the early years of its development were
Kufa and Basra, the cantonment towns of Iraq, which had
witnessed horrible scenes of atrocities. During the period of
the Quietists which roughly extends from 661 to 850 A.D.,
the Sufi movement had an individual basis. Persons
dissatisfied with the conditions of the external world,
retired into seclusion and cut themselves off from worldly
attachment. In the later half of the 9th century there
appeared the Sufi.
In the 13 th century, there appeared three great figures Sheikh Muhiuddin ibn Arabi (ob. 1248 A.D.), Sheikh
Shahabuddin Suhrawardi (ob. 1234 A.D.) and Maulana
Jalaluddin Rumi (ob. 1273 A.D.) who consolidated the
thought of their predecessors and gave to Sufism a
*
Former Chairman, Department of History, Jamia-e-Milliya, New

Delhi
251
consistent philosophy, a discipline and a warm fund of

emotions. Sheikh Muhi-uddin propounded in his two works
Futuhat-i-Makkiya
and
Fususul
Hikam.
Sheikh
Shahabuddin wrote Awariful Maarif. Maulana Jalaluddin
Rumi popularized his ideas through his warm and
breathing Verses. What people had refused to accept in
prose readily they accepted it in verse. We find his Verses
being recited in Sufi circles of Delhi in the 14th century.
When Muslim power was at its lowest ebb and anarchy and
indiscipline reigned supreme, Alaul Mulk Juwaini gave a
description of these bad times in his work Tarikh-i-Jahan
Gusha. Sufis divided the universe into their vilayats
(spiritual territories) and with it clearly revitalized the
spiritual life of the Muslim.
Sheikh Shahabuddin Suhrawardi laid down the following
fundamental principles for the Sufis:
They should strive for the purification of their inner
life.
They should abstain from things that produce evil
effects, etc.
Self-assessment is the best way to minimize chances of
friction in human society. There is both good and bad
tendencies in every human being. In sufi terminology one
may say that there is nafs (animal soul) and there is qalb
(human soul) in every human being. While Nafs is the
abode of mischief, strife and animosity, qalb is the centre
of peace, goodwill and resignation. If a man opposes you
under the influence of his nafs, you should meet him with
qalb. The qalb will over-power the nafs, and thus the strife
252
would end. But if a man opposes nafs with nafs, there can
be no end to conflicts and strives.
Sufis believed that in their times, the whole or almost the
entire income of the Sultan was from prohibited sources.
The permitted income is only sadaqat, fay and ghanima.
And, these had no existence in those days. Only jizya
remained but it was realized through such cruel means that
it did not continue to be permitted.
The other alternative suggested by the Sufis, is that a man
should keep away from Salatin (rulers) so that he does not
come face to face with them, and this alone is feasible for
there is safety in it. It is obligatory, to name the conviction
that their cruelty deserves to be condemned. If a sufi
associated with the governing class- which by its very
nature was an exploiting class, he isolated himself from the
main sphere of his activity, the masses. He ceased to be a
man of the masses and became part of bureaucratic
machinery. It was in view of these considerations that the
Sufis developed an attitude of contempt and indifference
towards government and refused to serve under it. Imam
Abu Hanifa (ob. 767 A.D.) turned down the request of
Mansur a ruler of Abbasid dynasty to accept the post of
qazi. Imam Hambal refused to dine at his sons house
because he had served for one year as Qazi of Isfahan.
Sheikh Saud once remarked in relation to ulema: the
object of acquiring knowledge of the relegious law is to act
upon it and not to harass people. It was probably for this
reason that when Shaikh Nizamuddin Aulia requested
Shaikh Nafisuddin Mutawakkil to pray for his appointment
to the post of Qazi, he replied: Dont be Qazi, be
something else.
253
Sheikh Nizamuddin took .. a piece of bread or half a

bread with little vegetables at the time of Iftar, and very
little food at dinner. One day Abdur Rahim, who prepared
Sahri for the Shaikh, protested: The Shaikh eats very little
at Sahri also, it will badly affect his health and make him
very weak. The Shaikh replied with tears in his eyes: So
many poverty stricken people are sleeping without dinner
in the corners of the mosques and before the shops. How
can this food go down my throat. Sheikh Nizamuddin
advised the Sultan: Entrust the State to a God fearing
wazir. The Prophet says that if any old woman goes to
sleep hungry in any town of a kingdom, she would hold the
collar of the ruler on the Day of Judgment which is sure to
come.
Some Sufis extended the application of their non-violent
principles to animals also and adopted the cult of ahimsa.
Sheikh Hamid uddin Nagori did not like the slaughter of
the animals. He did not like any living being to be
deprived of its life for him or on account of him.
These Sufis threw open the doors of their khanqahs to all
sorts of men rich and poor, high and low, town folks and
villagers, men and women. The distinction between the
Sharif (Noble) and the razil (low born) which finds such a
powerful exposition in the writings of ulema and in the
policies of the Salatin, was meaningless to the Sufis. The
ulema and the governing class looked upon education as
the exclusive privilege of the upper strata of the society and
did not like it to spread among lower classes. The Sufis, on
the other hand, fought against illiteracy. Mir Saiyid Ali
Hamedani directs scholars to educate family members,
people living in mohallas and the town; and if they will fail
in their duty, they will be answerable to God on the day of
254
judgment. Shaikh Hamidudin said: Most worst thing is

ignorance among people. Whatever is there, it is
knowledge. Whosoever does not have knowledge is just
like a tree.
There is hardly any social or moral crime against which the
Sufis did not raise their voice slavery, hoarding, black
marketing, etc.
The tradition of the commemoration of the tragedy of
karbala was laid down by Sufis in India by holding sermon
meetings. Basically they were training Indians as to how to
fight against the high handedness of the tyrant rulers.
Basically Sufis believed in a principle the object of
acquiring knowledge of the religious law, is to act upon it
and not to harass people.
***
255
SUFISM AND HUMAN RIGHTS

Dr. Sanaullah Mir*
Sufism:
The word Tasawwuf cannot be equivalently translated
into any other language. Broadly speaking, it is translated
as 'sufism' by English orientalists of modern era. However,
without being trapped into linguistic, dictional or semantic
hairsplitting, Tasawwuf can be said to be the sum total of
activities, practices, modes of worship and exercises
carried out by Sufis across the centuries. At the theoretical
level Tasawwuf also connotes the ideology and philosophy
of Sufis. The term 'Sufi' is applied to Muslim spiritualists,
mystics and esotericists who attempt to understand the
mystery of the cosmos through ascetic exercises,
contemplation, renunciation and self-denial. The 'sufis'
generally withdraw from all settled abodes and deny
physical pleasures to themselves. They are deeply
concerned with the purification of soul and rectification of
conduct.
Tasawwuf can be defined in various ways. It may be said
to be the edification of soul or a style of life born out of
love of God. It may be said to be a struggle for the
attainment of Qurb (proximity) of Allah. It may be said to
*
Reader, Department of Philosophy, Aligarh Muslim University,

Aligarh
256
be a quest for soul-realization and God-realization. It may

be said to be a way of life and a view of the universe. It
may be said to be an effort to liberate us from moral
limitations, social normlessness, political opportunism and
psychological weaknesses etc. Positively it may be said to
be an effort to arm us with those qualities of head and
heart, which can lead to our spiritual enlightenment or
inner awakening.
Amir al-Muminin sums up most beautifully the fieldsituation or condition of man leading to the emergence and
continuance of Sufi approach to life:
O creatures of Allah! I advise you to keep away from this
world which is (shortly) to leave you even though you do
not like its departure, and which would make your bodies
old even though you would like to keep them fresh. Your
example and its example is like the travelers who travel
some distance and then as though they traverse it quickly
or they aimed at a sign and reached it at once. How short is
the distance to the aim if one heads towards it and reaches
it. And how short is the stage of one who has only a day
which he cannot exceed; while a swift driver is driving him
in this world till he departs from it.
So do not hanker after worldly honour and its pride, and do
not feel happy over its beauties and bounties, nor wail over
its damages and misfortunate because its honour and pride
would end; while its beauty and bounty would perish, and
its damages and misfortunate would pass away. Every
period in it has an end and every living being in it is to die.
Is not there for you a warning in the relics of the
257
predecessors and an eye opener and lesson in your forefathers, provided you understand?1
For Abu Ali al-Rudhabari a Sufi is one who wears wool
over (his) purity, gives his lust the taste of tyranny, and
having overthrown the world, journeys in the pathway of
the chosen one2 For Sahl ibn Abdullah al-Tustari a Sufi is
one who is clean of impurity and full of meditation, who
is cut off from humanity for Gods' sake, and in whose eyes
gold and mud are equal.3 For Abu al-Husayn al-Nuri
Sufism is abandoning all the portion of the carnal soul4.
For al-Junayed Sufism is the purification of the heart from
associating with created beings avoiding temptations of
the carnel soulbeing truly faithful to God and following
the Prophet according to Law.5
Sufism may be said to be an effort to attain the vision of
God, which according to Ghazali is the greatest pleasure
men can conceivably have. In pursuance of the same, the
seeker has to adopt a style of life conducive to spiritual
growth, maturity and sophistication. For example, Ghazali
recommends that a seeker must inculcate patience and
gratefulness. He should live in a state of fear and hope. He
should cultivate a life of poverty and renunciation. He
should have complete trust in God; should love God and
should be psychologically attached to none but God. He
should be engaged in deep meditations and introspections
and concentrate on nothing but God. He should constantly,
1
2
Nahjul Balaghah, Sermon: 98.
Al-Kalabadi, Abu Bakr, Kitab al-Taarruf Li Madhab al-Taswwuf,

p.10.
3
Ibid.
4
Ibid.
5
Ibid.
258
consistently and continuously remember God, and be ever

involved in prayers and invocations.
The seeker, according to Ghazali, should also be aware of
the harm that can be inflicted on us if we display anger,
hatred and envy. An uncontrolled tongue can inflict
devastating harms on a seeker. Similarly, an authentic
seeker cannot and should not be overpowered or
determined by sexual passions. He should never be greedy
or covetous, for evils of the worldly powers, properties and
pleasures are awesome and spiritually debilitating.
Similarly, the seeker should be aware of the evils of pride
or evils of miserliness etc.1
The historical role of Sufism in Islamic societies can
neither be wished away nor explained away. As an
ideological framework or paradigm Sufism is also an
outstanding feature of Muslim culture. Sufism as a value
system has played a crucial role in the annals of Muslim
history. However, the opponents of Sufism have always
cast aspersions on the Islamic credentials of Sufism,
especially those who have been inspired by a
predominantly theological perspective on Islam. The
theologians have always underlined the significance of
social, political and legal dimensions of the Holy Quranic
discourse. Conversely, the Sufis have underscored the
value of spiritual, mystical and moral aspects of Islamic
Weltanchauung.
However, the world-view and value-system as
encapsulated in the Holy Quranic discourse, is holistic.
The Holy Prophet of Islam also led an integrated life. He
combined the spiritual, mystical and moral values with
1
al-Ghazalli, Ihyay-i-Uloom-i-Din
259
social, political and legal injunctions of Islam, practically

demonstrating the significance of both the esoteric and
exoteric aspects of Islamic weltanchauung.
Nevertheless, the votaries of Sufism and theology have
been selectively citing favourable Verses of the Holy
Quran and the traditions of the Holy Prophet to bolster up
their respective standpoints. It is not possible to finally
clinch this controversy this way or that way. However,
there are certain Verses of the Holy Quran and certain
actions and traditions of the prophet which are amenable to
Sufi or mystical interpretation. Such an interpretation may
be said to be providing Islamic justification or rationale for
Sufi ideology and mode of living.
Human Rights:
Human Rights discourse and consequent debate is
essentially a post world war second development. The
leading arguments, tenets, principles and propositions
pertaining to Human Rights have been worked out in
Western Europe and Northern America. However,
presently there is a growing recognition across the globe
for the observance of Human Rights and fundamental
freedoms for all without any regard to religion, region,
race, caste, colour, language, culture, gender etc. Human
Rights are recognized trans-ideologically, trans-culturally,
trans-civilisationally, internationally and universally. An
ever-increasing number of social, political and moral
philosophers, legal authorities, scholars, commentators and
analysts agree, irrespective of culture or civilization, that
every human being is entitled to some fundamental
inalienable rights. These rights are beyond teleological
principles, utilitarian considerations, consequentialist
doctrines, political compulsions, and ideological
260
paradigms, religious world-views, cultural value systems,

situational justifications etc. There are and there must be
limits to violation of certain rights. Certain violations just
cannot be justified. Certain interventions just cannot be
defended. Certain actions are wrong; certain punishments
are indefensible and certain perpetrations are simply
unacceptable no matter what the justifications offered or
what the qualifications underlined. All human beings are
entitled to certain basic rights no matter what the
provocations, what the acts of omission and commission.
The mere and sheer fact that we are human beings entitles
us to some fundamental rights. That, in any circumstances
whatsoever, certain civil and political rights, certain social,
economic and cultural rights, certain liberty, equality,
property, safety and solidarity rights etc.; cannot be
violated by anyone. The demand for certain fundamental
Human Rights became the characterizing feature of the 20th
century. It can be plausibly argued that now for the first
time in known human history, man has been able to
achieve the right to political, social, economic and cultural
self determination.
Despite two world-wars and extensive colonial exploitation
across Asian and African continents, the 20th century may
be said to be a century of deliverance and liberation, of
decolonisation and freedom. Freedom became the
buzzword of the 20th century. The right to be free, became
the over-riding concern or the theme song of this century.
In the 20th century man especially demanded complete
freedom from historically sanctified horizontal and vertical
exploitations, injustices and prejudices. He wanted freedom
from exploitation on grounds of race, gender, colour,
culture, religion etc. He wanted freedom from virtual
slavery and servitude. He wanted freedom from torture,
261
cruelty, brutalisation, degradation and dehumanization. He

wanted freedom from the abuse and misuse of political
authority and from arbitrary rule. He wanted freedom from
ideological dogmatism and even scientific reductionism.
He wanted freedom from hunger and disease. He has
succeeded in freeing himself from these shackles to a
considerable extent.
He also struggled for freedom of conscience, freedom of
thought,
freedom
of
expression,
freedom
of
communication, freedom of profession, freedom of
association and freedom of action etc. He also achieved
these freedoms to an appreciable degree. The age-long and
ever-green dreams of liberty, equality and fraternity were
realized in the 20th century after a long drawn struggle
against absolutist ideologies, justifying exploitation of man
by man and enslavement of one by another.
(c) Sufism and Human Rights
The utterances or formulations of Sufis have encapsulated
deep and abiding humanistic values. Bistamis' or Hallaj's
mystical culminations might have earned them perennial
theological repudiation, but their standpoints inaugurated a
humanistic ethos of ever-lasting significance and poetic
creativity of exceptional brilliance.
The philosophical or theosophical formulations of lbn
Arabi have galvanized numerous anti-establishmentarian
interpretations and continuously challenged the doctrinal
positions of official theology. The onto-cosmological
doctrine of lbn Arabi is acclaimed as unity of All Being
or Wahdat al-Wujud. The fundamental assumption of lbn
Arabi is that phenomenal world has no substantial being,
independent of Allah. Allah is an all-encompassing reality.
262
Nothing exists but Allah, While monotheism stresses the

absolute unity of Allah, ibn Arabi underlines the absolute
unity of all things in Allah. Reality is characterized by
absolute oneness, absolute indivisibility and absolute unity.
The manifestations of Reality are multiple and together
they comprise the phenomenal world. They are the
particular modes of Reality. Thus, the semetic creationistic
cosmology is transmuted into a pantheistic world-view by
Ibn Arabi.
Now, apart from other things, the pantheistic metaphysics
of Ibn Arabi seeks to explain the phenomenon of religious
pluralism. For Ibn Arabi the multiple religions are various
versions or interpretations of the cosmic situation. They are
not competing hypotheses amenable to verification at some
distant point of time. It is the theological apologetics which
tries to project religious world-views and value-systems as
objective and even absolute accounts of what is ultimately
Real. This theological objectivism or absolutism is based
on shaky and slippery methodological grounds.
The radical pantheistic Sufism of Ibn Arabi is a protest
against the theological
Authoritarianism instead of justifying the monotheistic
theological framework, celebrates the phenomenon of
religious pluralism by pointing out that our differing
conceptions of God and religion are a function of our
differing conceptualizations or projections dictated by our
historical, situational and cultural dynamics. The
undifferentiated, infinite and Absolute God is beyond the
ken of our conceptualizations or projections. Therefore, all
religions encapsculating their own particularized versions
of the Absolute talk of truth. There is no point in rejecting
263
other religions as untrue. The following poetical or

mystical outpouring of Ibn Arabi reflects his pluralistic
and horizontal religious philosophy:
My heart has become the receptacle of every form,
It is a pasture for gazelles and a convent for Christian
monks, And a temple for idols, and pilgrims Kabah,
And the tablets of the Torah, and the Book of the Holy
Quran,
I follow the religion of Love whichever way its camels
take,
For this is my religion and my faith.1
Throughout centuries, Sufis have traveled across Asia,
Africa and Europe. They have lived with or co-existed with
Christians, Jews/Hindus, Buddhists, Confucians and
Pagans. They have been at peace with all of them. They
converted millions of non-Muslims to Islam through
peaceful persuasion. These men of God mingled with all of
them irrespective of caste, creed, gender, race and culture.
Of course, there were pseudo-Sufis as well. But, we have
not been able to weed out pseudos from any field of human
endeavour till date.
The Sufis were great humanists. Most of the Persian Sufis
were acknowledged and accomplished poets as well. They
understood human condition with great sympathy and
empathy. They understood that human condition is
characterized by vast and deep suffering. Their religious
invocations and poetic outpourings served as soothing
balms to hundreds of millions of people across the
centuries. Their hospices virtually became therapeutic
clinics to suffering humanity.
1
Annamaria Schimmel, Mystical Dimensions of Islam, p. 272.
264
The Sufi values and norms were horizontal and liberal.

Ideological dogmatism of any variety was anathematic to
them.
Their
anti-establishmentarism,
their
nonreductionism and their non-fundamentalism were values
which fostered humanistic attitudes of mutuality, interdependence and tolerance. Sufis generated a liberal and
humanistic outlook in times when ideological
regimentation was the order of the day.
However, to all intents and purposes, the medieval world of
Sufis and the modern world of Human Rights, seem to be
paradigmatically incommensurable. Most of the Sufis lived
their lives while discharging their duties and carrying out
their obligations. Sufis simply did not seem to be
concerned with the realm of rights; while the modernized
sections of contemporary global society seem to be
overwhelmingly conscious of their social, political and
economic rights. From the medieval realm of duties to the
modern realm of rights there seems to be a radical
paradigm-shift. As a matter of historical fact, the long
centuries of Sufi ideals and practices did not correspond
with the constitutional, liberal, democratic, socio-political
order. Sufis lived under autocratic, monarchical and feudal
socio-political arrangements. Therefore, Sufis could not be
identified as those playing the role of the champions of
Human Rights except in limited fields and in their style.
The debate of Human Rights as carried out in modern West
has been a post-Enlightemnent and post-Industrial
development.
Nevertheless, the question of the relationship of Sufism and
Human Rights is a complex one and needs to be handled
with extraordinary caution and care. It is true that the Sufis
265
were overwhelmed with the burden of their duties and

obligations.
However, duties and rights are intimately linked to one
another. If we have to respect the rights of other human
beings, it is to be done with a sense of duty. If Sufis were
conscious of their own duties. It unequivocally entails that
they were conscious of the rights of others. In fact, the
entire value-system of Sufis was geared to a heightened
awareness of the rights of others. The fact that Sufis were
loving, kind, affectionate, considerate, tolerant, indulgent,
compassionate etc. signifies that they were deeply
appreciative of the rights of others.
It is historical fact that Sufis have not launched political
revolutions or piloted progressive social agendas or
authored revolutionary Human Rights Declarations. Most
of the Sufis were not socio-political activists. In fact, they
displayed clear disdain for political office or administrative
authority. However, their non-participatory role in sociopolitical life was not necessarily motivated by
considerations of personal security and safety. They were
more concerned about the amenability of political office to
get bogged down into the vortex of corruption and
exploitation. Socio-political history, as it is, is a running
narrative of both vertical and horizontal corruption and
exploitation, enslavement and servitude, torture and
cruelty, dehumanization and brutalization etc. They
deemed it safe not to co-operate with the corrupt and
exploitative regimes. Yes, they did not launch anticorruption and anti-exploitation campaigns during
medieval times. How many of them did? From the cosy
environs of the liberal era, we can launch devastating
critiques of Sufis for not having rallied against cruel
266
monarchs or corrupt officials or exploitative regimes or

vested interests. However, history must register our
thankfulness to these noble souls for having displayed
moral shine and sheen when governmental and political
darknesses were pervasive, large and deep. For their part,
Sufis could well sing with Sadi in their Paradisal bliss.

***
267
TASAWWUF AND HUMANISM

Dr. (Ms.) Sameena Hasan*
Tasawwuf has affected a vast cross-section of socio-cultural
environments. This vastness of historical experience does,
however, contain a common chord which defines Tasawwuf
as a process, introduced as a personalized and individualized
element of devotion, cutting across all barriers of cult, race,
language and geography. What began as pietistic asceticism,
gained momentum to acquire the form of a mass-movement.
This centrality of mass support in the historical tradition of
Tasawwuf, points to its humanism. It is true that the higher
philosophical and intellectual debates were beyond the grasp
of the common man, yet what translated it for the common
man, was its humanism.
To understand, Plurality of Muslim society and the placement
of Tasawwuf, require a historical perspective. It is true that
Tasawwuf possesses no system of dogmatic or mystical
theology. Also, that Tasawwuf is not a static concept; it
traversed the path of historical progression which led to its
varied interpretations. The foundations of a complete theory
were laid on ma'rifa, which appear to be different from the
intellectual and traditional knowledge or ilm..
The defining principles of ma'rifa were laid down by the Holy
Prophet of Islam (PBUH), for Islam declares the Prophets as
*
Reader, Delhi University, Delhi
268
the font of knowledge regarding the realities beyond the ken

of human perception. The Holy Quran is the confirmation of
this whole tradition of Prophets. All the esoteric knowledge
(Asrar-i-Batin) the Holy Prophet (PBUH) had received
during the Miraj from the Divine, was passed on by him only
to Hazrat Ali(PBUH). Hazrat Ali PBUH apart from passing
that secret knowledge to his sons, shared it with his followers
and disciples like Imam Basri and others. This secret
knowledge defined the message of the prophets, which
addresses the entire humanity and universalists humanism.
Reference may be made to Prophet Abraham(PBUH) who
never took his meals alone. Sometimes, he went out for miles
in search of a guest. One day a polytheist was with him. He
asked him to begin by invoking the name of Allah. As the
polytheist refused to do so, he was aked to go away. Soon
there came Divine admonition to Prophet Abraham (PBUH),
saying: We can give life to this man but you cannot give food
to him?1
Asrar-i Rabbani absorbed by Hazrat Ali (PBUH) from the
Prophet (PBUH) gushed forth from his sermons, letter and
sayings, contained in Nahjul Balagha. Hazrat Ali declared: I
am the speaking Quran (Quran-e-Natiq). Here the basic
norms of humanity are very clearly elaborated and form the
basis of Tasawwuf for successive times. Hazrat Ali (PBUH) in
a letter to Malik al-Ashtar, governor designate to Egypt said:
... The most coveted way for you should be that which is the
most equitable for righteousness, the most universal by way
of justice and the most comprehensive with regard to the
agreement of the subjects....2
1
Fawaid-ul-Fund, p. 207.
Nahjul Balagha, Letter No. 53, Ansarian Publications, Qum,
Islamic Republic of Iran, 1981, P. 531
2
269
This commitment to humanism is evident in the following

letter of Hazrat Ali (PBUH) to his governor Uthman ibn
Hunayfal-Ansari:
it cannot be that my passions lead me and greed
takes me to choosing good meals while in Hijaz or in
Yamamah there may be people who have no hope at
getting bread, or who do not have a full meal. Shall I be
with a satiated belly; while around me there may be
hungry bellies and thirsty livers? ..Shall I be content
with being called Amir-ul-Mumeneen, although I do
not share with the people the hardships of the world?
Or, shall I be an example for them in the distresses of
life?1
This wider concern for humanity at large, is the very basis of
spirituality. Hazrat Ali (PBUH) elaborates thus:
When a person oppresses the creature of Allah, then
Allah becomes his enemy on behalf of the people, and
when Allah is the enemy of a person, He tramples upon
the latter's pleas and prayers, and he would remain in
the position of being at war with Allah, until he gives it
up and repents. Nothing is more inductive of reversion
of the bounty of Allah or the hastening of His
retribution than continuance in oppression, because
Allah hears the prayers of the oppressed and is on the
look out for the oppressors2
Expansion of Islam into new lands added new dimensions to
it. Political fragmentation, sectarian controversies,
theological and philosophical developments created a gap
between ideology and society. Muhammad Habib has aptly
1
Nahjul Balagha, Center for Islamic Studies, Qum, Islamic Republic

of Iran , 1981, p. 519
2
Ibid.
270
observed that three godless forces - wealth, clericalism and

political power - sooner or later suck the life of religion,
embalm it as a mummy - for show purposes it reinstitutes
under new names and new forms.1
In Awarif ul Ma'arif, Shihabuddin Suhrawardi rejected the
externalism of the clerics and followed the Sunnah of the
Prophet (P.B.U.H.). This is what Muhammad Habib calls the
school of the centre. The other was the leftist school of
Ibn-i-Arabi, whose doctrine of Wahdat ul Wujud demolished
the neo-God. Post-Quranic ideology, according to Maxime
Rodinson2 is more susceptible of explanation in the social,
cultural and ideological context of the age in which they
operated... Edward Said remarks that: Islam is not about
texts but about people. Said views Islam through a
historically oriented cultural anthropology, so that Islam is
both a religion and a social reality including various Muslim
groups or communities which in spite of the persistence of
local traditions, maintain the universalism of Islam against
internal and external challenges.3
This universalism of Islam was maintained by its emphasis on
humanism. This was the language of Islam. Adoption and
integration of local idioms and symbols by the Sufis only
helped translate this universalistic message of humanism
and formed the basis of this cultural communication. It
defines the folk Islam or syncretic Islam. Since it deals with
humans, social and psychological factors are an integral part
of this phenomenon and the reason for the tremendous appeal
of saints among both urban and rural people.
1
Politics and Society during the early Medieval Period, Vol. I, p. 256,
Ed. K. A. Nizami,
2
Maxime Rodinson, Islam and Capitalism, Tr. by Brian Pearce, p.64
3
Edward Said, Orientalism, p.305
271
Plurality of muslim society found continuum in humanism

which resounds in the following passage:
I will tell you something about Islam which was not
told by anybody before this: Islam means the
Obedience, and Obedience means the Belief and the
Belief means the Attestation and the Attestation means
the Acceptance: and the Acceptance is the
Performance: and Performance, means good deeds.1
This was Tasawwuf. No doubt it had a historical tradition
and diversification, yet the definition of Tasawwuf remains
ma'arifa. This elaborated the social dimension of spirituality.
Islamic mysticism became a space-time force for the
betterment of the individual and society. Devotion came to
be defined as lazmi (intransitive) and mutaaddi (transitive).
Lazmi devotion included prayers, fasting, pilgrimage etc.,
which benefited the devotee. As against this mutaaddi
devotion involved social servitude.2 The entire structure of
spiritual discipline was built around ideals of tolerance,
forbearance and sympathy. In Kashf ul Mahjub, Hujweri3
emphasizes the importance of sincerity of devotion thus:
One evening Hasan of Basra passed by the door of his
cell. Habib had uttered the call to prayer and was
standing, engaged in devotion. Hasan came in, but
would not pray under his leadership, because Habib
was unable to speak Arabic fluently, or recite the Holy
Quran correctly. The same night, Hasan dreamed that
he saw God and said to Him: O Lord, where does Thy
good pleasure consist? And God answered.' O Hasan,
1
Nahjul Balagha, Center for Islamic Studies, Qum, Islamic Republic of

Iran
2
Fawaid-ul-Fuwad, p.13-14
3
Nicholson, p.88
272
you found My good pleasure, but did not know its

value: if...you had said your prayers after Habib and if
the rightness of his intention had restrained you from
taking offence at his pronunciation, I should have been
well pleased with you.
Again, Malik bin Dinar (d.c.744 AD.) declared:
When the servant acquires knowledge in order to do
good works... his knowledge increases; but if he
acquires it for any other purpose than to do good, he
increases in wickedness and arrogance and contempt
for the common folk.1
According to Abu Nasr Bishr ibn al-Haris al-Hafi, the
highest spiritual merit was earned by doing service to
mankind. He advised pilgrims to Mecca to give their money
to an orphan or to a poor man, and thus earn more religious
merit.2
Shaikh Junaid found God in the lanes of Madina because
God is with the destitute and the broken hearted.3
Ideals of love and amity in society were to be followed to
unite people. The corner stone of mystic ideology was
imitating Divine beneficence, which did not discriminate
between one individual and another. Ethical, intellectual and
aesthetic experience can only be meaningful if it transcends
all barriers and touches every aggrieved heart and tormented
soul. The true seeker is one who prays for and feels the pain
of others. Rubais of Sarmad reveal the notion that humanity
is a sacred trust of God:
1
Nahjul Balagha
Arberry, pp..80-86
3
Purar-i-Nizami, Mss: Siyar-ul-Aulya, p. 559
2
273
He does not live only in temple and the mosque

But all the heavens and the earth are His abode
the whole universe is gone mad about His name
Yes, wise is one who is lost in Him.
This ethical intellectual and aesthetic experience was rooted
in social realities of the times or what Muhammad Habib calls
in a sympathetic identification of the individual with his
environment. This aesthetic experience appeared to be
different from the intellectual experience fostered by the
Muslim peripatetic like Farabi and Avicenna. However, Qazi
Nuru'llah Shustari (1549 A.D. - 1610 A.D.) pleaded that
reasoning and intuition were both two different gateways to
knowledge and that the one did not necessarily repudiate the
other. The Qazi stated the concluding remarks of the
intellectual debate between Avicenna and Shaikh Abu Said
bin Abi'l Khair:
Abu Said: 'Whatever he (Avicenna) knows (rationally), we
sufis perceive(intuitively)Avicenna: 'Whatever he (Abu
Said) perceives (intuitively), we (philosophers) know
(rationally). '
Contextualization of the basic ingredients of Tasawwuf like
Zuhd, Tawhid, lbadat, Zikr, etc., in the wider framework of
Islamic thought, testifies to the fact that Tasawwuf with its
emphasis on 'humanism' is not just a derivative of Islam, but
Islam itself. According to Junaid :
'Tasawwuf is that God should make you die from
yourself. And should make you live in Him '.1
***
1
Asiri, F.M. Rubaiyat-I-Sarmad, Shantiniketan, No-249, 1950
PART FOUR
Human Rights:
Related Issues
274
275
ISLAMIC APPROACH TO SLAVERY

Professor Abdul Ali*
Some Western critics base their severest attack on Islam on
account of its having tolerated and retained the institution
of slavery, which they considered to be a blot on the
history of mankind.
Being totally ignorant and neglectful of Islamic teachings
in this regard, they maintain that had Islam come as a final
dispensation to the whole of mankind, it would have
abolished slavery outright. They even accuse Islam of
having been instrumental and responsible for the
continuance of this inhuman institution in society. An
instance of their biased accusation is quoted below:
Seeing that Muhammad(e) himself has no scruple to
own and sell his fellow men as slaves, how can we
wonder that slavery has always been a recognised
institution throughout the Mohammedan world? It is
but natural that the religion of such a Prophet should
be as tolerant and favourable to the continuance of
slavery as the religion of Jesus Christ, tends surely
though perhaps slowly, to bring about the cessation of
this degraded condition of humanity.1
*
Chairman Department of Islamic Studies, Aligarh Muslim

University, Aligarh.
1
S.W.Koulle, Muhammad and Muhammedanism, p.178
276
But an impartial and comprehensive analysis of the subject

clearly establishes the fact that there could not have been a
better solution of this problem than that offered and
practised by Islam over fourteen hundred years ago. It is
important to note that there is not even a single statement in
the Holy Quran and in the Sunnah of the Prophet, which
may even, be remotely construed to permit Muslims to
perpetuate slavery. On the contrary, the numerous texts in
both the sources instruct Muslims to take practical
measures to liberate slaves.
Origins and Growth of Slavery
Slavery has been an ancient worldwide institution, which is
primarily a sequence of war. In remote primitive times, the
adult males among the enemy were killed while the women
and children were enslaved.
Then there came a time when the victor realised that a live
prisoner was after all better than a dead one. Henceforth,
the victors started enslaving the overpowered enemies in
order to exploit them to their comfort and convenience. In
view of this fact it may fairly be said that slavery marks a
humanitarian improvement in the laws of war.1
This put a sufficient check on the vindictive passions of the
conquerors in the moment of victory, which hitherto had
resulted in the wholesale massacre of the prisoners-of-war.
Hence, the utility and indispensability of this institution
until a no-war State is finally reached by following the
principles of universal brotherhood and peaceful coexistence, has been the supreme objective of Islam.
Encyclopaedia of Religion and Ethics,Vol. XI, p. 597
277
The institution which was a necessary step in human

progress in early ages, was in its more cruel forms in later
times the cause of an enormous amount of suffering to the
slaves. The Indians, the Egyptians, the Babylonians, the
Greeks and the Romans, all practised worst forms of
slavery. The condition of slaves was very pitiable under
them. They were regarded as a sub-human species, treated
as a mere chattel, and considered the absolute property of
their masters, possessing no individual rights and enjoying
no legal protection. The owners had unlimited right
including the power of life and death to deal with the slaves
as thought fit. Besides, they were kept in chains; given a
very harsh treatment, and tortured and killed on their
slightest negligence. And the people were not at all moved
at the harsh treatment meted out to the slaves, simply
because they considered them to be a wretched lot meant to
be pressed into their service like animals. In short, they
were not included among human beings. Even philosophers
like Plato and Aristotle deprived them. They held that the
slaves should be kept deprived of civil rights. For
example, Aristotle dehumanized slaves, saying:
A slave is a living instrument, and an instrument is a
lifeless slave.1
An idea of cruelties perpetrated on slaves by the Greeks,
may be had from the fact that Spartan youths were trained
how to torture and kill enemies on the persons of slaves
standing unarmed in groups. Thus, a large number of slaves
were tortured and killed without any justification.
Thompson, W. F., Practical Philosophy of the Muhammadan People,

p. 310.
278
Likewise, slavery was the worst abuse of the Roman

Empire. Hideous crimes were committed against slaves who
had no rights of body or soul against their owners. They
were subjected to dreadful punishments including mutilation
of the nose and ears and gouging out of the eyes.1
It is surprising that the two major religions, Judaism and
Christianity, did nothing significant to improve the
conditions of slaves. While Jewish legislation refused to
slaves all title to independent property. Their rabbis held that
whatever the slave had acquired was the property of his
master.2
Similarly, there is no explicit condemnation of slavery in
the teachings of Christianity. It was more concerned with
the rights of the masters than with amelioration of the lot of
slaves. Although it gives the impression of having tended
to make slavery milder, it never thought of abolishing it.
On the contrary, owing to its excessive care for the rights
of the masters, it became instrumental in perpetuating what
would have otherwise passed away.3
Islamic Solution to the Problem of Slavery
When Islam came and looked at the position of slaves from
various angles, it did not think it proper to abolish slavery
at one stroke. While dealing with this subject. Two
important points need to be taken into consideration.
Firstly, although Islam retained the institution of slavery, it
took all possible measures for its total abolition. Secondly,
it humanized this institution to such an extent that slavery
Encyclopaedia of Religion end Ethics, Vol.XI, p. 604.

Ibid.
3
Ibid.
2
279
as retained by it, is altogether different from that as

practised in the pre-Islamic days.
It would be no exaggeration to say that slavery as practised
in pre-Islamic days, reducing slaves as sub-human species,
was not only disapproved by Islam, but was also abolished
forthwith; while the adequately modified and humanised
form of slavery, elevating slaves to the status of fellow
human beings, was retained by it to deal with the only
unavoidable source of slavery recognised by Islam i.e., the
prisoners-of-war, for all other prevalent sources of this
institution such as procurement of slaves by brigandage or
by any other means, were banned by it outright.
It is pertinent to note in this context that there is no Islamic
injunction for permanent enslavement of even prisoners-ofwar. The only Quranic Verse touchong upon their fate,
reads as follows:
(: )
And afterwards either set them free as a favour or let
them ransom themselves until the war lays down its
weapons.1
Restoration of Human Status to the Slaves

Islam has full understanding of the human nature and
psychology. It fully knew that slavery could not be
abolished overnight by merely passing a legislation to that
effect. Any abrupt abolition of slavery could have created
more problems than solved, as it happened in America,
following the declaration of slavery as officially abolished
by Abraham Lincoln with the stroke of a pen.
The Holy Quran, XLVII: 4
280
In order to avoid the consequences of any hasty and

unimaginative action with regard to abolition of slavery,
Islam launched a systematic campaign against enslavement
of human beings. The first step which it took in this
direction, was restoration of human status to the slaves by
laying down that they are the same flesh and blood who
deserve humane treatment as well as deliverance from the
yoke of all forms of slavery and serfdom. This is in
complete contrast to the ancient practice of slavery, which
sought to justify perpetual humiliation of slaves by
maintaining that they are by birth an inferior race.1
Secondly, Islam enjoined its followers to treat slaves as
their brothers, as they were all descendants of Adam. It
further stressed that no person should claim superiority
over his slave merely on account of being his master. As
described above, it recognised only one basis of superiority
and nobility, i. e., piety.2
Humane Treatment of Slaves by Masters

Islam commanded the masters to be good and fair in their
dealings with the slaves. After the prohibition of idolatry,
the second most important law of Islam enjoins doing good
to the servants of Allah including this oppressed class of
human beings, known as slaves.3 This is clearly borne out
by the following Quranic Verse: And serve Allah.
Ascribe nothing as partner unto Him. Show kindness unto
parents, and unto near kindred, and orphans, and the
needy... and the slaves whom your right hands posses...4
Encyclopaedia of Religion and Ethics, Vo1. XI, p. 619.

The Holy Quran, XLIX : 13.
3
Shibli Nomani, Sirat al-Nabi,Vo1.VI, p. 219.
4
The Holy Quran, (tr. By M.M.Pickthall), lV:36
2
281
Here it is worthy of mention that the prisoners of war also

have a right to kind treatment in Islam. This should be clear
from the fact that even the captives at Badr were kindly
treated by the Prophet; although they deserved the severest
punishment as they had persecuted the Muslims most
severely in Mecca. Allah has applauded this attitude of
Muslims in the following Verses: And (they) feed with
food the needy, wretched, the orphan and the prisoner,
saying: We feed you, for the sake of Allah only. We wish
for no reward, nor thanks from you.1
Next, the relationship between masters and slaves was
based on the principles of brotherhood rather than those of
slavery and overlordship. The former were held responsible
for the well-being of the latter. They were asked to feed
and clothe them as they did themselves. The Prophet asked
his followers to treat them with kindness in the following
words:

Your slaves are your brothers. So, he who has a
brother under him, should feed and clothe him as he
feeds and clothes himself. He should not ask him to do
works beyond his capacity; and if he asks him to do
such works, he should assist him personally.2
The Prophet had such kind regards for the slaves that he
asked his followers not to hurt their feelings in any way.
He commanded them to address their slaves in a pleasing
manner instead of calling them slaves. He said:
1
2
The Holy Quran, (tr. By M.M.Pickthall), LXXVI : 8.

Muhammad Qutb, Islam: the Misunderstood Re1igion, p. 70.
282

None of you should say: This is my slave and this is
my slave-girl; he should rather say: This is my boy
and this is my girl.
Liberation of Slaves
Mere restoration of human status to the slaves, does not
suffice in Islam. In its efforts to completely wipe out
slavery from society, it became the first to initiate the
movement of emancipating them in a phased manner. It
sought to bring about their total freedom by two important
means: (1) voluntary emancipation of slaves by their
masters called al-Itq and (2) purchase of freedom by slaves
called mukatabah.
Voluntary Emancipation of Slaves

Islam encouraged emancipation of slaves by describing it
as an act of great piety. The Holy Quran recommended
their emancipation by calling it al-Itq one of such virtuous
acts that make man transcendent and lead him nearer to
Allah by holding it as a sign of spiritual ascent: What is
spiritual ascent? It is to redeem a slave. 1

Prophet Muhammed also urged his followers to emancipate
slaves, saying:
Nothing pleases Allah better than to free a slave. He
who sets free a Muslim slave, shall be freed from the
fires of hell.
Muhammed Farid Wajdi; al-Istirqaq 'ind al-Umam wa Fil-Islam, Nur

al-Islam,Vol.V, p.331.
283
Besides, liberation of slaves is prescribed as atonement for

the killing of a believer, or for the breaking of an oath, or
for other religious and moral lapses on the part of the
masters. Consider, for example, the following Verses:
: )
(
He who hath killed a believer by mistake, must set
free a believing slave, and pay the blood-money to the
family of the slain.1

(: )
... But He (Allah)..will take you to task for the oaths
which you swear in earnest. The expiation thereof is
the feeding of ten of the needy with the average of that
wherewith you feed your own folk... or the liberation
of a slave...2
But those who divorce their wives by Zihar,3
Then wish to go beck on the words they uttered. It is
ordained that such a one should free a slave before
they touch each other: Thus are ye admonished to
perform, and God is Well-acquainted with (all) that ye
do.
Furthermore, ill treatment of slaves by their masters also
leads to their liberation. This is ordered by Prophet
Muhammad(e) in the following words:

Whosoever beats his slave, he should set him free as
atonement for his beating.
1
The Holy Quran, (Tr. M.M. Pickthal), IV : 92

The Holy Quran, tr. by M.M.Pickthall, V : 89.
3
Zihar was the ancient pagan custom of divorcing one's wife by calling
that she was just like the beck of his mother for him.
2
284

If anyone curses his slave by invoking the disgrace of
Allah on him, the latter is free.
A large numbers of slaves achieved their freedom through
these voluntary means of emancipation. The Prophet
himself encouraged the practice of freeing slaves by setting
free all the slaves he had. His companions also followed his
example. Even in the initial years of nascent Islam in
Mecca where atmosphere was quite uncongenial for the
Muslims, Khadijah, the Prophet's wife, Abu Bakr and other
wealthy Muslims freed a good number of slaves by
purchasing them from the Meccan disbelievers.
The movement of freeing slaves was further accelerated
following the Prophet's migration to Madina. Among the
numerous companions who distinguished themselves by
liberating slaves, mention may be made of Abdullah Bin
'Umer and Abdul Rahman Bin 'Awf who set free one
thousand and thirty thousand slaves respectively.1
Similarly, Hakim Bin Hazm, who professed Islam on the
day Mecca was conquered, celebrated his profession of
Islam by freeing one hundred slaves.2
Purchase of Freedom called Mukataban

The second important means through which Islam brought
freedom to slaves, was that of mukatabah, i. e., buying
oneself free, on the basis of which the slaves could seek
freedom from their masters on the payment of ransom. This
was a contractual liberation, in which the slave paid his
owner a certain equivalent for his freedom. The owner
1
2
The Holy Quran, tr. by A. Yusuf Ali, LVIII:3.

Shibli Nomani, Sirat al-Nabi, Vo1. 6, p. 29.
285
could not cancel this contract; while the slave could annul
it, if he so desired.
Furthermore, if a slave offered to ransom his freedom, his
owner could neither turn down the offer, nor could he delay
his emancipation on receipt of the ransom-money. Thus, by
this provision Islam paved the way for freedom of all
slaves desiring liberty at their own convenience.
It was also considered virtuous to help the slaves in their
efforts to obtain freedom. The master was enjoined not to
exact the whole amount earned by the slave; and the Holy
Quran has provided for a part of the zakat (poor-tax) to be
set aside for the benefit of slaves aspiring to purchase their
freedom. For example, the following Quranic Verse lays
down that eight part of the poor-tax should be spent for
ransoming such slaves as were unable to obtain their liberty
with their own earnings:
Alms are only for the poor and the needy, and the officials
appointed over them... and for the ransoming of captives.1
It is clear from the above that the financial assistance
provided to the slaves by the State out of the Public
Exchequer for the purpose of setting them at liberty, was a
sure manifestation of the great interest taken by Islam in
the eradication of slavery.
Yet, another Islamic measure which hastened this process
of withering away of the institution of slavery, was that
while elsewhere a child born in slavery would always
remain a slave, the Holy Prophet enjoined that if a captive
1
The Holy Quran, IX : 60
286
or bondwoman bore a child to her master, the child would

be a free child and the mother would become free.1
The Actual Position of Slaves in Islam
That Islamic solution to the problem of slavery was ideal
and exemplary, is best seen in the practical aspects of
slavery as experienced by slaves under the care and
protection of their Muslim masters. As described above,
they were given such a kindly and humane treatment that
they lived as family members with their masters, enjoying
thereby a status similar to that of free men. That was the
main reason why many of them, even when freed by their
masters, instead of bidding them farewell, preferred to live
with them; although now as free men they stood in no need
or fear of them.
The slaves were hardly distinguishable from their masters
in the practical life. Numerous examples can be cited in
support of this point. Here it would suffice to mention that
when on the fall of Jerusalem Caliph 'Umar was invited to
personally conclude a Treaty with the notables of that city,
he started his journey on a camel accompanied by a slave
with the arrangement that they would ride and walk
alternately. And, as they approached their destination, it
was the slave's turn to ride, while the caliph himself walked
along.
On another occasion when Caliph 'Umar saw that a group
of slaves were standing, not eating along with their
masters, he became angry, reprimanded the masters for
discrimination and asked the slaves to eat along with them.
S. Ameer Ali: The Modernity of Islam, Islamic Culture Golden

Jubilee Commemoration, Volume, p. 17.
287
Besides, such distinguished Companions as Uthman, Abd

al-Rahmen Bin 'Awf, Salman al-Farsi, etc., took pains to
demonstrate perfect equality with their slaves. It is said that
'Uthman Bin 'Affan once rubbed up the ear of one of his
slaves on a fault made by the latter.
But he became so much repentant that he asked his slave to
pinch his own ear in a similar manner. When the slave
refrained from it, he insisted on it and got his ear pinched
by him, saying: Rub up my ear as I had done yours, for I
cannot bear its punishment on the Day of Judgement.
Similarly, whenever 'Abd al-Rahman Bin Awf walked in
the company of his slaves, it was difficult to distinguish
him from his slaves as he would always clothe himself like
them as well as walk in their midst rather than lead them.
Again, when a certain man was once surprised to see
Salman al-Farsi kneed floar, the letter replied, saying that
since he had already assigned a work to his servant, he did
not want to task him two works.1
Since Muslim society was not race or colour conscious,
liberated slaves of whatever origin were readily absorbed
as equal members of the community. The history of Islam
is replete with examples of slaves reaching the highest
positions. For example, Bilals freed slave, was married to
the daughter of Abu Bakr, while Salman al-Farsi was the
key-holder of the Ka'bah. The emancipated slaves were
entrusted with as prestigious offices as those of governors
and military commanders. The Holy Prophet himself
appointed Zaid, his freed slave, as Commander of the
Muslim army. After his death he was succeeded by his son,
Salih Bin 'Abdullahi; Mawaqif al-Islam Min el-Riqq, Saut al-Ummat,

Jamia Salafia,Varanasi,Vol. XXVI, No.1, January, 1998, pp. 26-29.
288
Usamah, as Commander of the army which included such

prominent Companions as Abu Bakr and 'Umer.
Another important measure which Islam took with a view
to raising the standards of slaves in society, was that they
were provided with all opportunities of acquiring
knowledge and learning. As a result, a good number of
them like Salim, Bilal, Nafi end Ata, to mention only a
few, excelled in their knowledge of the Holy Quran and
Apostolic Traditions, due to which they were exalted to the
rank of Imam, perhaps the highest honorific title which a
Muslim could obtain in those days.
That the slaves flourished, and were given high
administrative posts under the Muslim rule is further
established by the fact that once the Umayyad Caliph,
Hisham Bin Abdu1 Malik asked al-Zohri, the renowned
scholar of Hadith, about the governors of different Muslim
territories, and also wanted to know whether they were
Arabs or non-Arabs. Al-Zohri replied that they were all
freed slaves of foreign origin with the exception of one
who was an Arab.1
Similarly, the slave-girls were trained to a high level of
attainment. They could compose Verses, engage in learned
talk, and discuss philosophy and literature. All these factors
greatly increased their status in society.
Thus, looking to the socially elevated position of the
slaves, their treatment on a footing of equality with their
masters, strict restrictions against harsh treatment and
provisions of voluntary and obligatory emancipation of
1
Muhammad Farid Wajdi: 'Ind al-'Arab wafi al-Islam, al-Islam, Vol. 5,

p.331.
289
slaves, it would be no exaggeration to say that Islam still

remains unsurpassed in securing freedom for slaves and
bondsmen as well as in making them useful members of
society. In practice, the Muslim bondsmen were not slaves,
but captives of war, who were either to be ransomed or set
free out of favour. Even such persons who were already
kept in bondage under the old custom, could not be called
slaves, because they lived as members of the households of
their respective masters, enjoying several rights and
privileges including the right of purchasing their freedom.
In view of this fact it may further be added that it is simply
an abuse of the word slavery to apply it to the status of
bondsmen, as provided and maintained by the legislation of
Islam. Needless to say that the brilliant practical and
natural measures taken by Islam for kind, humane and
brotherly treatment of slaves and other suppressed
members of the human society as well as for abolition of
the institution of slavery, have no parallels even in the
history of modern times, marked by excessive propagation
for championing the cause of Human Rights.
***
290
THE RIGHTS OF NON-MUSLIMS IN ISLAM

Dr. Abdul Hameed Fazli*
Today in the cultured world there is an ongoing debate
about the Human Rights. In fact, the United Nation is
running a movement against suppression of Human Rights.
In the 1948 resolution on Human Rights a great stress was
laid on the basic Human Rights, individual rights and equal
rights of men and women. It was also declared by the UN
that international cooperation will be obtained to
promulgate Human Rights, for race, language and gender
equality. Despite this, nearly all countries are suppressing
Human Rights in some form or the other and the basic
rights are being trampled upon. We should note that the
issue of Human Rights is not more than two centuries old
in the (Christian dominated) Western world. Compared to
this in Islam, the Holy Quran and hadiths have clearly and
specifically described Human Rights. The Holy Messenger
practised it as an example for others; while the four
Khalifas continued its promulgation and showed the world
the right way. Islam has explained Human Rights in very
clear terms. It has explained the rights of the non-Muslims
equally well as that of the Muslims, and put the onus on the
Islamic government to protect the rights of the nonMuslims. In this article we will deal with the rights of the
non-Muslims.
*
Department of the Islamic Studies, Aligarh Muslim University,

Aligarh
291
It is clear from the Holy Quran that there is no difference

between the basic rights of the Muslims and the nonMuslims and that the Muslims are charged with the duty of
protecting them irrespective of caste or creed. The Holy
Quran has started with the issue of protection of human
life, and that every human whether he worships Allah or
some other gods, has the right to live (Surah Maidah : 32).
Anyone who kills another without the other having killed
anyone without him creating mischief on the land, it is as if
he has killed the entire human race. One who saves the life
of another, has saved the life of the entire human race.
This Verse clearly defines the right to life. From the Holy
Messenger we have learnt that there should be no physical
abuse of anyone especially women, children, the aged and
the sick, whether they be Muslims or not. This should be
practised for the entire human race. There is a lot of
criticism being labeled on Islam with regards to the rights
of women even though the Holy Quran has accorded
protection to women in all spheres of life. If a Muslim
warrior faces a women who is an enemy in battle, he
should not attack her. This is a strict order. Islam has not
only propagated Human Rights but has made it compulsory
for all Muslims to practise them. A hungry person has the
right to be fed under all circumstances. The wounded and
the sick must be treated and cured irrespective of whether
he is a friend or foe. No one can be deprived of his or her
rights.
Another tenet enjoins cooperation in good work and noncooperation in evil ones. In Surah Maidah, Verse 2 the
Holy Quran says cooperate with each other in righteous
and pious work but do not cooperate in sinful deeds. If
non-Muslims or even enemies are doing good work then
292
cooperate with them, for we should help each other to

obtain our lawful rights. When we study the Holy Quran
and hadiths, we find that they mention all types of Human
Rights sometimes fleetingly and sometimes in details.
There are specific orders regarding the rights of the nonMuslims especially those minorities who live in an Islamic
State where they are called Zimmi which is an Arabic word,
meaning responsibility. Their rights and their protection is
the onus of the Islamic state and they pay Jizya for it. The
State cannot retreat its responsibility without their
concurrence. If the Muslims are looted and killed in a nonMuslim State elsewhere then no Muslim has the right to
take revenge from the non-Muslims in a Muslim State;
instead we should protect them more. The Shariah has
fixed this and the details will come later. No one has the
right to limit or restrict their rights, neither the Majlis
Shura, nor the ruler can make any changes
ISLAM AND THE RIGHTS OF THE ZIMMI:
The Shariah divides the non-Muslims into three categories:
(1) those who live under an agreement, (2) those who live
in the Islamic State after having been defeated in war, and
(3) those who live in the Islamic State for some other
reason. The rights of these are the same with a few minor
changes. Now let us look at their rights that Islam has
accorded to them. They are free to practise and propagate
their religion, publish books and stage debates that are
lawfully allowed. Their personal law is protected. They and
the Muslims have equal rights in all basic laws of Islam,
like the right to work and trade. In case of need, they can
also apply for monetary help from the Baitul Maal. The
other rights that will be discussed in details, to clarify the
point. This is the right to life rigidly protected by the
Muslim State. The compensation for the murder of the
293
Zimmi is equal to the murder of a Muslim and if a Muslim

kills a Zimmi, he will pay the same amount that he will
have to pay for having killed a Muslim. In the days of the
Holy Messenger, a Muslim murdered a Zimmi. He ordered
the death penalty for the Muslim saying: I am more
responsible in discharging of my duties. In the days of
Hazrat Ali, a Muslim killed a Zimmi. Hazrat Ali ordered
for Qasas. The brother of the deceased came and said: I
forgive this sin. But Hazrat Ali was not satisfied and said:
Did they coerce you? He said: I have got the
compensation and I do not feel that killing the murderer
will bring my brother back. Hazrat Ali let the murderer go
free. In Burhan on page 282, it is given that Hazrat Ali
said: The blood money of a Zimmi is the same as mine,
and the decree is the same as mine. Hazrat Ali spoke on
an another incident: They have agreed to the pact with
Zimmi so that their conditions become like ours and their
blood is like our blood.
The other rights that Zimmis have, are the rights to receive
compensation for injury and the right for property
(Faejdari and Deewai). The law is equal for both, the
Zimmis and the Muslims. The punishment of the crime will
be the same for the Muslim as well as for the Zimmi;
whether the Muslim steals a Zimmis asset or the Zimmi
steals the Muslims asset the hands will be cut of the guilty
one whoever he be. It is also unlawful to back bite against a
Zimmi
or abuse or hurt him. In Durr al Mukhtar
(Vol.3274) it is said: We should refrain from hurting them
(Zimmi ) as a must. Back biting against him is as forbidden
as backbiting against a Muslim.
***
294
GENDER JUSTICE,
ISLAM AND HUMAN RIGHTS
Professor Salim Akhtar*
The views expressed here come from a humble student of
Islamic law and not from a judge or Mujtahid. In this Paper
an attempt has been made to discuss the women's right in
Islamic Shariah, and women's rights as Human Rights. The
Paper is divided into four broad parts namely - (1) The
Institution of Polygamy, (2) Divorce, (3) Post-divorce
maintenance, and (4) Crime against women.
The drastic changes brought about by the unprecedented
progress and advancement of Information Technology in the
world today, have virtually upset the old social and
economic structure of society with the result that the pattern
of moral and religious values hitherto is in vague, and held
in high esteem, it has begun to shrink, yielding place to new
one. This situation, which has been a great source of
inconvenience to all religions, has posed a question to Islam
in particular i.e., whether Islam (which claims to be religion
for all human beings of the world and for all times to come)
is in a position to meet the challenges of modem civilization
and culture particularly relating to the womens Human
Rights in India and the entire world.
*
Ex-Chairman, Faculty of Law, Aligarh Muslim University, Aligarh
295
First of all, let us bear in mind that Islamic Shariah is

flexible for laws and regulations are formulated to meet the
requirements of particular times. This position has been
made crystal clear in the Holy Quran (XLII:3). The
pertinent question is how to make a women's life 'Islamic' ?
To achieve this task, Imam Khomeni in Iran has formulated
an Ideal Islamic Paradigm which is based on the Holy
Quran and Prophet Muhammad's Sunnah. The Constitution
of the Islamic Republic of Iran, opens way towards the final
goals, moving towards God. The mission of this
Constitution is to create conditions for the foundation of the
beliefs of the movement and bring about conditions whereby
humanity is nourished by higher values compatible with
human dignity and constitutes an obstacle to the realization
of the potentialities of women, therefore, the right of women
to share equally in the improved conditions of life must be
promoted and protected. The various provisions of the
Convention shall be perused and reconciliatory efforts will
be made in the detailed paper.
The most pernicious form of violence against women is
domestic violence transcending geo-political demarcations.
It has become a global problem affecting families of all
classes and cultures. The methods of combating domestic
violence as Human Rights issue continues emerging under
international law and within each country.
The Indian Constitution guarantees certain special protection
besides equality of law and equal protection of laws.
Articles 14, 15(1) and (2) prohibits discrimination on ground
of sex. Article 15(3) provides for special provisions for the
benefit and welfare of women. Directive Principles of State
Policy direct the State to protect the Human Rights of
women like equal pay for equal works, equal means of
296
livelihood, right to health, hygienic condition of work, right

to maternity benefit, right to gender Justice, etc. In
furtherance of Article 15(3), the State has introduced
reservations for women education and employment. Right to
dignity is also recognized in the fundamental duties. Indian
Judiciary played a pivotal role to protect the dignity of
women. Right to privacy is not explicitly mentioned in any
provisions of the constitution. But the Supreme Court and
High Courts have held that right to privacy is implicit under
Article 21.
Gender violence is one of the most important factors
responsible for increasing marginalisation of women in the
development process. There are multiple forms of gender
violation such as sexual abuse, incest, molestation, female
foeticide and infanticide, marital rape, sexual harassment at
work place and on the streets, domestic violence in the
form of wife assaults and battering. Domestic violence
arises from patriarchal motions of ownership over women's
bodies, sexuality labour, reproductive rights, mobility and
level of autonomy. No doubt that Iranian revolution is
initiator to prepare the way for the advent of unified world
community on Ideal Islamic Paradigm.
Article 19 of the Constitution of the Islamic Republic of
Iran lays down the principle of gender equality in the
following words:
Every individual citizen of the nation, of whatever ethnic
or tribal origin, colour, race, language or features, will not
be grounds for privilege and will have no preference.
Article 20 says:
Every individual citizen of the nation whether female or
male, will have equal protection under the law and all
297
human, political, economic, social and cultural rights will

be based upon Islamic precepts.
The Preamble to the Universal Declaration of Human
Rights (UDHR) adopted on December 10, 1948,
emphasizes that recognition of the inherent dignity and of
the equal and inalienable rights of all members of human
family, is the foundation of freedom, justice and peace in
the world.
Women's rights Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW), was
adopted by the United Nation in 1979. It establishes an
international machinery for the implementation of its
provisions along the lines of those established for
implementation of the International Covenant on Civil and
Political Rights. The Convention's underlying philosophy
is that discrimination against women is oppression in the
family. Marital violence has become the focal point of
interest of feminists, human right activist, social scientists
and social workers.
Consequently, there is an urgent need for the codification
of domestic violence so that it could be eradicated for once
and all. The term domestic violence is most commonly
employed to describe the incidents of familial or intimate
battering.
Women's rights are part of Human Rights. Gender justice is
integral and kernel to social justice. So, all activist humans
must become catalyst in extinguishing of exploitation of
our sisters and daughters.
***
298
RIGHTS OF WOMEN IN THE HOLY QURAN

AND THE TRADITIONS
Ms. Humera Khatoon*
The Holy Quran and traditions of the Prophet Muhammad
e have explicitly talked about the rights of woman in
society. Since Holy Quran is the word of Allah, the Just,
hence it is impossible even to think that He would do
injustice to any of His creatures. If a Muslim woman
adheres to the principles of the Holy Quran and thereby
shapes her life according to those principles, real success in
this world as well as in the Hereafter is assured to her.
The Western society criticizes Islam that it has confined the
life of a Muslim woman behind the veil. The Holy Quran
states:
O Prophet! Tell thy wives and daughters, and the
believing woman that they should cast their outer
garments over their persons (when out of doors): That
is most convenient, that they should be shown (as
such) and not molested (33: 59)
With regard to purdah, Allama Abdullah Yusuf Ali, the
authority on the Holy Quran, argues that it's object was
not to restrict the liberty of women, but to protect them
from harm and molestation. True to say, a virtuous
*
Department of English, Aligarh Muslim University, Aligarh
299
woman can be judged through her dress-code. Islam does

not unnecessarily restrict people; every command of Allah
for the human beings is based on logic. He has given
abundant rights and freedom to women in terms of freedom
of expression and mobility. Even going to the mosques is
not forbidden, though taking into consideration the
environment of the times and other conditions, it is
suggested to them better to pray at home. Prophet
Muhammad (e) has said:
Woman is nearest to her Lord when she is in the
depth of her house. Her prayer in her courtyard is
better than her prayer in the mosque. Her prayer
inside the house is better than her prayer in her
courtyard. And, her prayer in her own special room is
better than her prayer in her house.1
Women are allowed to participate in social activities while
remaining within the limits set by Islam. The Western media
brands Islam as a backward and fundamentalist religion
which teaches oppression and subjugation of women to a
great extent. In Prophet Muhammad's (e) time, women
used to discuss and argue with the Messenger of Allah on
very serious matters. Once during the reign of Hazrat Umar
(RA), a woman entered into serious discussion with Hazrat
Umar (RA) and towards the end succeeded in convincing
him. Hazrat Umar (RA) promptly declared: A woman is
right and Umar is wrong. This sort of appreciation from
one of the greatest Caliphs of Islamic empire, makes it
explicit that women have been given the right of expression
and that women used that right fearlessly. There are many
1
Tradition as quoted by Al-Minawi, Kawther M., in A Segment of

Women Rights in Islam, tt. Saifuddin H. Shaheen, Al-Madinah AlMunawarah, p.88
300
other such instances, which show that women participated

actively in wars, nursed the soldiers and even fought when
the situation demanded. It is well known that in the battle of
'Uhd', Hazrat Umm Umarah (RA) protected the life of the
Prophet(P). Umarah (RA) took the sword in her hand and
attacked the man who tried to come near the Prophet(e),
and pierced sword into his body. She was, therefore,
popularly known as. Woman of Uhd1 The Prophet (e) had
a great regard for that lady. The Holy Quran has not
confined women only to the household duties. But the
problem is that what was suggested as one of the measures
in peculiar circumstances, is considered obligatory by some
jurists and legalists. Another woman with the name of
Ghazala was known for her courage and unyielding spirit.
She had challenged Yusuf bin Hajjaj who was the governor
of the Umayyad and the whole of Arabia feared him. The
history of Islam is full of such incidents about the bravery of
women. When the Messenger of Allah(e) did not see any
harm in women's participation in daring situations then who
are others to raise any objection and confine her within the
four walls of the house. If a woman can carry both her
duties, one related to her family and the other to the society,
with proper balance then she should not be condemned. To
look after the house is not the sole responsibility of the
woman but a shared one. The Holy Prophet (P) advocated
Human Rights of women at that time when they had none.
His message follows thus: You have rights over your
women and your women have rights over you.2
Quoted by Engineer, Asghar Ali(Ed.), in Islam, Women and Gender

Justice, New Delhi: Gyan Publishing House, 2001, p.19
2
The Tradition as quoted in Islam, Women and Gender Justice, Gyan
Publishing House, New Delhi, p. 345 and A Segment of Woman
Rights in Islam, al-Madinah al-Munawarah, p. 24.
301
In the Holy Quran we are told that the daughters of

Shuaib(p.b.u.h.) took out their flocks to graze them
because their father was too old to work. The virtuous girls
went and stood behind the other shepherds and waited for
their turn. This incident shows that Islam does not forbid
women to go out while keeping guard of their honour. The
dignity of Islam kept the two daughters of Hazrat Shuaib
(p.b.u.h.) from unnecessarily mingling with males. Islam
forbids only those deeds, which provoke men and women
to the sins of falling into the ditch of sins. All that glitters
is not gold, says a famous proverb. The Western world
with all its superficial beauties may fascinate women of
weaker faith and consistently. They label Islam as a very
backward religion. In order to fulfil their immoral and
sensual desires, they condemn Muslims for the subjugation
of women. However, no religion but Islam has stressed a
thousand times the equality of woman with man. The
Almightys most of the instructions of the equality are
common for men and women. The Holy Quran states:
For Muslims men and women
For believing men and women,
For devout men and women,
For true men and women,
For men and women who are
Patient and constant, for men
And women who humble themselves,
For men and women who give
In charity, for men and women
Who fast,
For men and women who guard their
chastity...
(33: 35)
302
The law of Islam makes no great distinction between men

and women. In general both of them share the same rights
and duties. Both of them are promised the reward of good
deeds and punishment for evil acts. The Holy Quran often
uses the expression:
O you believing men and women. This suggests that
most of the commands of Allah are equal for both of them
with regard to their duties, rights and obligations. No
reasonable person can deny the fact that in biological terms
a woman is not equal with man, even the staunch feminist
cannot deny it. It is a standing fact that even in the socalled advanced countries of the West there is no army unit
purely of women. Lacking physical strength women, at
times, need protection. That is why Prophet Muhammad
(e) has said:
Every one of you is a guardian of his immediate trust and is
accountable for that trust. A ruler is a guardian for his
subjects and is accountable for that trust. A man is a
guardian in his family and is accountable for that trust. A
woman is a guardian in her husbands house and is
accountable for that trust, etc.
With reference to a Verse of the Holy Quran: ... And they
(women) have rights similar to those (of men) over them,
and men are a degree above them. (Quran 2: 228), many
non-believers get an opportunity to raise controversy and to
criticize Muslims for inequality of gender in Islam. The
Holy Quran does not say that women are mentally inferior
but simply that they lack physical strength and hence
cannot perform those activities which demand physical
strength. Islam honours women to such an extent that it has
303
commanded their male counterparts to protect them from

the hardships of life.
Regarding the rights of women to seek knowledge Prophet
(P) has said: Seeking knowledge is incumbent upon every
Muslim male and female. This clear tradition of the
Messenger of Allah (p.b.u.h.) leaves no room for any doubt
upon womans acquiring knowledge as it stresses with
vigour that the women have as many rights to achieve
education as men. It is only through the extensive study of
the Holy Quran and other books that a woman can
understand the philosophy of life, learn the difference
between right and wrong as well as realize her duties and
responsibilities as a member of society. After acquiring the
knowledge of the Holy Quran, she can shape her life
according to the commands of Allah and His Holy Prophet
and thereby gain the favour of the Almighty. A nation
which has more educated women, progresses at a much
faster rate. A literate mother can raise her children as good
Muslims. Islam truly believes in the emancipation of
women and has made obligatory for parents to educate
their children, especially the daughters. Prophet
Muhammad(e) has said: Whosoever brought up thre
daughters, taught them manners and etiquette, got them
married and treated them well, Heaven is for him.1
Islam has preserved dignity and honour of women in all
walks of life more than any other religion. She has been
given absolute freedom in matters related to her marriage.
Earlier in Hindu society the concept of 'sati' was quite
common. Even today cases of woman burning herself on
1
Tradition as quoted by Shaikh, N.M, in Woman in Muslim Society,

New Delhi, 1991, p.29.
304
the pyre of her husband, comes into light. Actually in this

religion, life was made miserable for widows as they were
barred to participate in happy occasions like marriage etc.,
and their presence was considered inauspicious and thus
they were looked down upon by the society. After their
husband's death, they were degraded by their own families
to such a level that they themselves preferred death than
the life in itself.
But Islam being a religion based on just principles, has
placed woman on a high pedestal. Prophet Muhammad(e)
has commanded 'respect for women'. He has himself set
examples by remarrying widows in order to provide them
shelter and protection. He was greatly fond of his daughter
Hazrat Fatima(RA), and referred to her as Khatoon-eJannat or the Lady of Paradise. In Islam, the daughters
are considered as the rahmat or blessings of the
Almighty; while they are thought of as burden in most
societies. For instance, in Hindu religion the ceremony of
marriage at the brides house is called kanyadan which
literally means to give one's daughter in charity. What does
this reflect? It appears as if she is some sort of commodity
given to the highest bidder. More or less the same attitude
can be traced in other religions also. Among the Jews, a
woman lived a life of degradation in her father's house and
her father had full authority over her, and could even sell
her if he wished. However, the Messenger of Allah
(PBUH) has said: A widow should never be made to
marry without her concurrence, and no virgin would marry
without her consent.1 All such rules and regulations were
imposed fourteen hundred years ago when mankind was
groping in darkness and practising barbaric rituals like
female infanticide, etc. It is quite surprising that at that
1
A Segment of Woman Rights in Islam, p.61.
305
time women were provided freedom to such an extent that

they expressed themselves openly and without any fear.
The teachings of the Holy Prophet (e) brought remarkable
improvements in the deteriorating condition of women,
giving them respectable position which was never given to
them before Islam. Among the sayings of the Holy Prophet
(e) in this regard is:
Whosoever has a daughter and he does not bury her alive;
does not insult her, and does not favour his son over her,
God will enter him into Paradise. (Ibn Hanbal, No.1957)
A Similar Tradition says:
Whosoever supports two daughters till they mature, he and
I will come in the day of judgement as this (and he pointed
his two fingers). This makes clear that Islam has given
immense rights to women, seeking to create conditions in
which women should lead a life of dignity.
***

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The Human Rights in Islam and in the Srah of Prophet Muhammad

In the name of God

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

HUMAN RIGHTS IN ISLAM

The Human Rights in Islam and in the Srah of Prophet Muhammad

Office of the Cultural Counsellor

HUMAN RIGHTS IN ISLAM

Edited by: Professor Syed Ali Mohammad Naqvi

Project Manager: Majid Ahmadi

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

A Comparative Study of the Islamic and Western

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

Humanity has been suffering with a number of diverse

The Human Rights in Islam and in the Srah of Prophet Muhammad

Keeping in view the significance of the Human Rights, it is

Dr. Karim Najafi

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

return, requires that Human Rights be acknowledged and

The Holy Qur'an, 33:21

The Human Rights in Islam and in the Srah of Prophet Muhammad

Prophet Muhammad (e) was a champion of the Human

The Human Rights in Islam and in the Srah of Prophet Muhammad

Aligarh Muslim University and different other cities to

The Human Rights in Islam and in the Srah of Prophet Muhammad

The Human Rights in Islam and in the Srah of Prophet Muhammad

HUMAN RIGHTS IN ISLAM:

Dr. Ali Reza Deihim

Ian Brownlie, Principles of Public International Law, (Oxford, 2004,

The Human Rights in Islam and in the Srah of Prophet Muhammad

Thirdly, one needs to know what objectives, by the term

Human Rights are universal legally binding guarantees consisting of

The Human Rights in Islam and in the Srah of Prophet Muhammad

Conventions/Treaties, International Customary Law,

Article 38 of the Statute of the International Court of Justice provides

The Human Rights in Islam and in the Srah of Prophet Muhammad

emanating from the secular perspective, the human being is

Hujjat al-Islam Muhammad Javad Hujjati Kirmani, Survey of the

The Human Rights in Islam and in the Srah of Prophet Muhammad

denominators. This manifests itself by the fact that

Hujjat al-Islam Muhammad Javad Hujjati Kirmani, supra n. 6, p.100.

Also at another place, he says:

The Human Rights in Islam and in the Srah of Prophet Muhammad

The sources of Human Rights in Islam are the sources of

The First Source: The Holy Quran

The Human Rights in Islam and in the Srah of Prophet Muhammad

be upon you. Even God has described the Paradise as

The Second Source: The Sunnah

The Human Rights in Islam and in the Srah of Prophet Muhammad

this criticism by the adversaries, said that the ridicules

The first Caliph.

The Human Rights in Islam and in the Srah of Prophet Muhammad

Hence, when Sehl bin Hanif Ansari, the Governor of

George Jordac, The Voice of Human Justice, (translated by M. Fazal

The Human Rights in Islam and in the Srah of Prophet Muhammad

as to the Muslims and had allowed them to go freely

The Third Source: Consensus

The Fourth Source: Juristic Reasoning

Symposium between Eminent Saudi Muslim Scholars and Western

The Human Rights in Islam and in the Srah of Prophet Muhammad