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Since god is the absolute and the sole master of men and the universe, he is the sovereign Lord, the Sustainer and Nourisher, the Merciful, whose mercy enshrines all beings; and since he has given each man human dignity and honor, and breathed into him of his own spirit, it follows that, united in him and through him, and apart from their other human attributes, men are substantially the same
and no tangible and actual distinction can be made among them, on account of their accidental differences such as nationality, color or race. Every human being is thereby related to all others and all become one community of brotherhood in their honorable and pleasant servitude to the most compassionate Lord of the Universe. In such a heavenly atmosphere, the Islamic confession of the oneness of God stands dominant and central, and
necessarily entails the concepts of the oneness of humanity and the brotherhood of mankind.
Although an Islamic state may be set up in any part of the earth, Islam does not seek to restrict human rights or privileges to the geographical limits of its own state. Islam has laid down some universal fundamental rights for humanity as whole, which are to be observed and respected under all circumstances whether such a person is resident
within the territory of the Islamic state or outside it, whether he is at peace with the state or at war. The Quran very clearly states:
"O believers, be you securers of justice, witness for God.Let not detestation for a people move you not to be equitable; be equitable- that is nearer to God fearing.[5:8]."
Human blood is scared in any case and cannot be spilled without justification. And if anyone violets this sanctity of human blood by killing a soul without justification, the Quran equates it to the killing of entire mankind:
Whoso slays a soul not to retaliate for a soul slain, nor for corruption down in the land, should be as if he had slain mankind altogether.
It is not permissible to oppress, children old people, the
sick or the wounded. Women’s honor and chastity are to be respected under all circumstances. The person must be fed, the naked clothed and the wounded or diseased treated medically irrespective of whether they belong to the Islamic community or are from amongst its enemies
When we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted any king or by any legislative assembly.
The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same is the manner in which they are conferred. The same is the case with the rights accepted an recognized by the dictators. The y can conger them when they please and withdrawn them when they wish; and they can openly violate the when they like. But since Islam human rights have been conferred by God, no legislative assembly in the world or any
government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them. 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 rights sanctioned by God; because the former is not applicable on anybody while the latter is applicable on every
believer. They are a part and parcel of the Islamic Faith. Every Muslim or administrators who claim themselves to be Muslims, will have to accept, recognize and enforce them. If they fail to enforce, and start denying the rights that have been guaranteed by god or make amendments and changes in them, or practically violate them while paying lip service to them, the verdict of the Holy Quran for such government is clear and unequivocal.
Human Rights in an Islamic State:
1. The Security of life an Property: In the address which the prophet [PBUH] delivered on the occasion of the Farewell Hajj. He said “Your lives and properties are forbidden to one another will you meet your Lord on the Day of Resurrections”. The Prophet has also said about
the dhimmis (The non-Muslim citizen of the Muslim state): “one who kills a man under covenant (i.e. Dhimmi) will not even smell the fragrance of Paradise
2. The protection of Honor. The Holy Quran lays down-
I. You who believe, do not let one (set of) people make fun of another set.
II. Do not defame one another.
III. Do not insult by using nickname.
IV. Do not backbite or speak ill of one another (49.11-12).
3. Sanctity and security of Private Life. The Quran has laid down the injunction-
I. Do not spy on one another.
II. Do not enter any houses unless you are sure of their occupant’s consent.
4. The Security of Personal Freedom: Islam has laid down the principle that no citizen can be imprisoned unless
his guilt has been proved in an open court . To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defense is not permissible in Islam .
5. The Right to Protest Against Tyranny: Amongst the rights that Islam has conferred on human beings is the right to protest against government’s tyranny. Referring to
it the Quran says: “God does not love evil talk in public unless it is by some one who has been injured thereby.” In Islam, as has been argued earlier, all power and authority belongs to God, and with man there is only delegated power which becomes a trust; everyone who becomes a recipients or done of such a power has to stand in awful reverence before this people towards whom and for whose sake he will be called upon to use these
powers. This was acknowledged by Hazrat Abu Bakr who said in his very first address: “Cooperate with me when I am right but correct me when I commit error; obey me so along as I follow the commandments of Allah and his Prophet [PBUH]; but turn away from me when I deviate.
6. Freedom of Expression: Islam gives the right of freedom of thoughts and to all citizens of the Islamic state on the condition that it should be used for
the propagation of virtue and truth and not for spreading evil and wickedness. The Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to It also does not give anybody the right to use abusive or offensive language in the name of criticism. It was the practice of the Muslim s to enquire form the Holy Prophet [PBUH] whether on a
certain matter a divine injunction had been revealed to him. If he said :
" that he had received no divine injunction , the Muslims freely their opinion on the matter".
7. Freedom of Association : Islam has also given people the right to freedom of association and formation of parties or
organizations. This right is also subject to certain general rules.
8. Freedom of Consciences and Convictions : Islam has laid down injunction : there should be no coercion in the matter of faith.
On the contrary totalitarian societies totally deprive the individuals of their freedom. Indeed this undue exaltation of the state authority curiously enough postulates a sort of servitude, of slavishness on the part of man. At one
time by slavery was meant total control of man over man-now that type of slavery has been legally abolished but in its place totalitarian societies impose a similar sort of control over individuals
9. Protection of Religious Sentiments: Along with the freedom of conviction and freedom of conscience Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done
which may encroach upon his right.
10.Protection from Arbitrary
Imprisonment: Islam also recognizes the rights of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly :No bearer of burdens shall be made to bear the burden of another.
11.The Right to Basic Necessities of Life: Islam has recognized the right of the needy people that
help and assistance will be provided to them: And in their wealth there is acknowledge right for the needy and the destitute
12.Equality Before Law: Islam gives its citizens the right to absolute and complete equality in the eyes of the law.
13.Rulers Not above the Law: A woman belonging to high an noble family was arrested in connection with theft. The case was brought to the Prophet [PBUH] and it was recommended that
she might be spared the punishment of theft. The Prophet [PBUH] replied, The nations that lived before you were destroyed by Good because they punishes the common-main for their offences and let their dignitaries go unpunished for their crimes; I swear by Him who holds my life in his hands (Allah) that even if Fatima, the daughter of Muhammad[PBUH], had committed this crime, I would have amputated her hand.
14. The Right to
Participate in the Affairs of State: And their business is (conducted) through consultation amount themselves (42:38). The sura or legislative assembly has no other meaning except that: The executive head of the government and the members of the assembly should be elected by free and independent choice of people
Lastly, it is to be made clear that Islam tries to archive the above- mentioned human rights and many others not only
providing certain legal safeguard but mainly by inviting mankind to transcend the lower level of animal life to be able to go beyond the mere ties fostered by the kinship of blood, racial superiority, linguistic arrogance, and economic privileges. It invites mankind to move on to plane of existence where, by reason of his inner excellence, man can realize the ideal of the Brotherhood of man.
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