ATTA UR REHMAN SHEIKH

ISLAM, LAW AND HUMAN RIGHTS

History tells us that law, in one or the other form, was practiced right from the creation of
human beings. Human beings are basically social animals and because of the innate
requirements that are bound to interact with each other. Living of human beings on earth
is not possible without law whether it is in the shape of rules or regulations or in the
context of social norms and tribal code of conduct.

Initially the man learnt to regulate his behavior towards other human beings within the
framework provided by the tribes or the communities. Although this was crude form of
uncodified law yet the rights of human beings were determined by it. The presence of
such a code was not only inevitable but also, an essential check on the conduct of human
beings. Human rights are created by the social relations among human beings and have to
be guided by some code of conduct. In the absence of such regulations, guiding the
human behavior, it is not possible for the human beings to live as a group, as a tribe, as a
community or as a society.

The basic difference between the animals and the human beings is the regulation of the
conduct and behavior towards each other. In the primitive times, the crude form of law as
mentioned before defined the rights of individuals in the tribe, community or society and
regulated their conduct in individual and group situation.

With the passage of time as the population started growing, it was the requirement of the
society to bind the individuals by certain sophisticated norms. These norms were directed
towards resolution of differences and disputes between individuals, tribes and
communities and the formula for such resolution was essentially developed from the
concept of rights. In the complete absence of law one cannot see any concept of human
beings living together. This social life is the main major difference between the group life
of animals and human beings.

As a result of cultural diffusion between various societies and the attainment of some
level of literacy, the primitive code of conduct received more attention and got into the
process of shaping and re-shaping. History talks of many stages in the development of
human rights based on laws, rules, regulations and norms. During this process of
evolution the uncodified and unwritten norms were gradually trimmed and improved so
as to take some shape of law.

The importance of law in development of human rights cannot be undermined even in

this modern world. Starting from the under-developed States and traveling to the most
developed countries, the concept of human rights has always been found to have emerged
from the legal framework. If the term “law” is understood to mean codified law only,
even then the role played by the said law in developing human rights has never been less
important. One cannot visualize the situation of society whether primitive or modern,
operating without the concept of law, in any form it may be. The modern societies having
sophisticated civilization owe their progress and peaceful living to the legal system and
the laws enforced therein.

A critical analysis of all the conceivable laws would tend to show that the basis of each
law and guidelines towards its framing are the rights of human beings towards one
another. The social animals, as the human beings are called, are bound to interact with
each other. Such an interaction normally should lead to complete chaos and collapse of
all the social systems. It is the law, which defines the rights of individual human beings
for their own-selves, as well as, the rights of others on them. This system does not allow
any human being to encroach upon the rights of others, which creates a sense of
belonging in the human beings and in turn makes it possible for the social system to
continue operating on the communities, societies and nations, without turbulence.

The concept of basic and fundamental rights which are the most widely accepted rights of
a man, has also emerged from law there can be no guarantee of these rights unless some
law protects the same and provides the manner for their enforcement.

The human rights cannot be defined, explained or enforced unless there is a proper legal
structure containing the details and specification of such rights. One cannot afford to
leave it for the determination by the human beings themselves qua their own rights
without a system of legislature. The body, which is either selected or elected to formulate
the law, is given the power to formulate it and provide the manners for the enforcement
thereof.

Some societies are luckier than others because the laws, in their cases are derived from
sources other than the discussion and debates between the group of individuals elected or
selected, as said before, for formulating the laws. The concept of law seems to have been
best defined and explained in the Quran and Hadith, and what Muslims are required to do
is to take out the relevant piece of the dictates form various parts of the Quran and Hadith
and put them together to make the most sophisticated and practicable laws, on earth,
regarding human rights and all other aspects of living beings. The principles embodied in
Quran and Sunnah cover and regulate all the human rights because this source of law
provides guidelines for all possible relationships between human beings ranging from the
level of simplest interaction such as meeting and greeting other individuals, to the level
of most complicated group life in the family, community and society. The law of
inheritance and rights granted to females in Islam do not find any match in any other
system in the world because of its comprehensiveness, completeness and effectiveness.
As regards, other societies, which do not have such revelations available to them, have no
choice but to develop human rights through the process of legislation by the legislature
created for it. In any case the development of human rights is inevitable for all the
societies living on earth because no society or nation can afford to take of defining and
enforcing the human rights within the society, which stage cannot be eliminated without
proper development of human rights.
Nevertheless, it was about 1500 years ago, when the Muslims got the most developed
concept of human rights, through The Holy Quran & Hadith which is flexible enough to
cater for the demands and requirements of even all the times to come.

A deeper analysis takes us to an irresistible conclusion that Islam is a complete legal

system, which has crystallized the concept of human rights and provided for maximum
acknowledgement thereof. Islam protects and respects human rights of not only Muslims
but also the non-Muslim Communities. The main focus in Islam is on human rights and
humanity at large a perusal of the code of conduct, laid down by Islam for the periods,
during and after the wars; and the security provided even to the standing crops of the
conquered enemies, speak volumes of the fact that Islam out rightly rejects terrorism and
killing of innocent human beings, whether or not they are Muslims. The focus of Islam is
on protecting and safeguard human life, respect and dignity. The roots of the concept of
human rights can be traced most vividly and conveniently in the Injunctions of Quran and
Sunnah.(Al Quran, Part 2, Surrah Baqra, Ayat#10 and ; Mutta Imam Malik. Urdu
Version. Translation by Allama Maslana Abdul Hakim Akhtar Shahjehanpuri. Chapter 21
Kitabul Jihad, Page 365).

The rights of holding property and social status given to the ladies, in Islam, laid the
foundation stone for building edifice of human rights for ladies. (Al Quran Part 4, Surrah
nisa, Ayat # 11 onwards).

Tolerance, patience and respect for others which are most important vehicles for
determining and enforcing human rights, were for the first time but with full thrust,
introduced by Islam. The idea of human rights becomes a hollow shell without the
Islamic concept of tolerance, patience and respect for each other.