Rights
& Duties
Critic:-
After the two consequent and devastating
world wars that left tens of millions dead with horrible sorrows, United
Nations was established with the hope of having some common ground among
nations.
A few years later, when the shocking horrible
facts of the Holocaust were revealed to the world, UN declared the Universal
Declaration of Human Rights (UDHR). This emphasize that all human beings share
the same inalienable rights from birth, and you cannot say this race or this
religion or this gender is inferior, must be subjugated, destroyed, etc.
Now all members of the UN by the time
approved the UDHR except for 8: - the Soviet block and Saudi Arabia. They chose to abstain.
One can understand that Stalin might not want
to sign the UDHR as the criminal himself who believes in all kinds of
suppression, censorship and violation of the basic rights of people. But what
about Saudi
Arabia?
Why could not they say "ok"? The reason was because Islamic
Principles are in direct conflict with the UDHR?
Comment:-
The Universal Declaration of Rights was not
Universal and it was formulated or opposed according to their own political
advantages or whim by those who formulated or opposed it. Saudi Arabia is a Kingdom where the family of the King has the
power and protects its interest. The question is: Where do these rights come
from, and how are they justified? They are, after all, not facts of nature, but
value judgements.
Islam has its own view of Human rights. The
Principles on which these are based could be formulated as follows:-
(1) Human Rights do
not arise in a vacuum, but in context of the nature of existence, human nature
and the relationship between them. They come ultimately from Allah. Allegiance
and loyalty to Allah override all other loyalties – the latter must be
subordinate to the former.
(2) Rights do not
exist in isolation but are connected with duties (responsibilities,
obligations) and sphere of influence (which include abilities, jurisdiction and
authority). These are dependent on each other. Rights are deserved in
proportion to duties discharged and this depends on abilities and function
within a System.
(3) Human existence
has a built-in function with respect to Reality, a purpose, direction of development
and goal by which behaviour is to be judged. Human beings have the right and
duty for self-fulfilment.
(4) Human beings
have the right to Truth, Compassion and Justice in proportion to their
responsible use of them and the duty to exercise these responsibly. Human
beings, individually and in groups, have a right to privacy without
interference from others, but they have a right to know all things that affect
them. They have the right, in proportion to their reciprocity, to help and
co-operation from others in proportion their abilities.
(5) Human beings
have the right to autonomy and self determination and the duty to respect this
in others. The flouting of this right is called "oppression" and
human beings have the right to resist and retaliate against it.
(6) Human beings
are related, interactive and interdependent. They have the right to run their
collective affairs through mutual consultations and agreements.
(7) Human beings
are diverse in nature and circumstance. Justice demands Equality, but equality
does not mean similarity. Justice is served when all things are treated in
proportion to their similarities and dissimilarities. Treating dissimilars
similarly is injustice.
(8) Relationships
between human beings differ. From the Islamic point of view Spiritual
relationships have priority over Genetic relationships and these have priority
over other a third type such as commercial, political or cultural. These,
except commercial ones are generally ignored in the West. Spiritual
relationships concern universal objective principles connected with the purpose
and nature of existence and therefore, concern the mutual rights and duties of
spiritual teachers and their followers. Genetic relationships determine the
mutual rights and duties between parents and children, between husband and
wives and between other family relations. Much crime and injustice results from
the over-valuation of the third type of rights over duties. Those who pay tend
to control the action, motives, thoughts, behaviour, perception and conscience
of those whom they pay. Patriotism tends to create double standards such that
which when done to the patriot’s country or citizens is regarded as good
or evil is regarded as the reverse when done to other countries or their
citizens. The culture to which a person is conditioned is taken as the standard
by which others are judged. All these widespread malfunctions, that can be
regarded as types of primitive mentality, idolatry, need to be counteracted by
the cultivation of the wider universal loyalty that is formulated as Surrender
to Allah.
Rights & Duties from the Islamic point of view, can be summarised
concisely as follows:- Human beings have:- (1) The right to autonomy and
self-determination and the duty respect this in others to enhance these powers
in themselves and others. (2) The right to fulfil themselves by seeking what is
beneficial to them and avoiding what is harmful and the duty to respect this
right for others. (3) The right to run their collective affairs through mutual
consultations and agreements. (4) The right to expect help from others and the
duty to offer help to others according to their ability and circumstances. (5) The
right to justice, to reap the reward or consequences proportional to their
actions. (6) The right to obtain and use resources economically and the duty to
care for their social and physical environment. (7) The right of self-defence
and retaliation when oppressed and the duty to respect this in others. (8) The
right and duties to maximise the total good and minimise the total evil.
But it is not just a question of (a)
recognising and formulating Human Rights as Principles, but also of (b) methods
of establishing them and of (c) practicing them.
True, the Muslim peoples have not been able
to establish the principles which derive from the faith they profess. This is
undeniable. Indeed, the very reverse has come to pass. There are causes for
this. But the Ideal still exist and could well become Guiding Principles again.
It is not, of course, only the Muslim people
who have failed. The same can be said for others to various degrees,
particularly when circumstances provide an excuse. As I remember it, in the
last few years the country that opposed all the international conferences on
human rights (that they themselves profess to champion), global climate and
justice in International Trade, things that affect human welfare was the USA.
Is it not the USA that is one of the greatest
violator of human rights? Which country has military bases throughout the world
and practices political coercion, has kidnapped thousands of people and holds
them without trial in secret places? But when it came to threatening and
invading countries and killing and maiming thousands of people and doing mass
destruction is not the USA the foremost?
Critic:-
Islam is usually
presented as consisting of 5 Pillars, namely The Confession of Faith (Kalama or
Shahadah), Prayer (Salat), Charity (Zakat), Fasting (Sawm) and Pilgrimage
(Hajj). This seems to reduce Islam to ritual and formalism. There is nothing
here about Human rights or about Justice, Love or Truth. This is not
particularly inspiring.
Comment:-
This view arises
from superficiality and ignorance owing to inadequate studies. It is a failing
not only in hostile non-Muslims but also, unfortunately, among many Muslims.
In fact, Islam has
three aspects:- the discipline, the faith and righteousness.
The Pillars refer
to the discipline. There are also 7 Articles of Faith - Belief in the oneness
of God, Angels, Scriptures (Messages or teaching) sent by God, the Messengers,
the Day of Resurrection and Judgement, the power of doing good and evil, the
Law of causation (which is sometimes formulated as Predestination).
Righteousness
(2:177) refers to behaviour as an agent in surrender to Allah (6:163) or
according to the nature made by Allah (30:30). In so far as the Spirit of Allah
is within man (32:9) he also has, or ought to have heightened Consciousness,
Conscience and Will and the attributes of Allah which include Justice,
Compassion and Truth and the power to act accordingly. There are certainly many
verses in the Quran asking believers to act with Justice, Compassion and Truth.
(2:42, 3:17,134, 4:135,171, 5:77, 7:181, 49:9, 17:24,36, 30:21, 42:37,40,
48:29, 103:3 etc.)
These Pillars refer
to the discipline and represent minimum requirements. They provide the skeleton
as it were. It is necessary to understand their outer or physical aspects as
well as the social and inner psychological aspects. They create unity of the
community enabling mutual reinforcement and they facilitate the awareness of
God in all activities throughout life. Charity, for instance, means more than
just the obligatory Zakat. It consists of sacrificing something of ones
resources, wealth, energy, time, and attention for the benefit of others and
for the sake of God from the very smallest to ones own life. "You cannot attain to righteousness
until you spend freely of what you love. But what you spend, of that Allah is
aware." 3:92 See also 2:267, 8:3, 9:54, 13:22, 16:75, 25:67, 47:38 etc.
Fasting is just one aspect of a general requirement for Abstinence and
self-control. This includes avoiding alcohol, pig meat, over indulgence,
wastage of resources, bad language, thoughts and actions, gossip, insulting,
giving vent to anger. In fact, the
Pillars are not entirely separate things but are inter-dependent to a large
extent.
Apart from the
Pillars there are also three main duties:- Striving for good and against evil
within and outside oneself, seeking knowledge and endurance, including
patience.
(1) Striving
(Jihad) is mentioned in the following verses:- 2:148,205, 4:195, 5:35, 7:82,
8:74, 9:16,20,41,88,17:19, 22:178, 25:52 29:6,8,69, 47:31, 53:39-41 and many
others.
"Every sect has a huwa (goal) to which Allah
turns him; but do you strive onwards together to do good works; wherever you
are Allah will bring you all together; verily, Allah has power over all
things." 2:148
"Did you think that you can enter Paradise
without Allah testing those of you who strive) hard, and remain
steadfast?" 3:142
"And he who strives, strives only for his own
soul; for verily, Allah is altogether Independent of (His) creatures (or the
worlds)." 29:6
"And most certainly We will try you until We
have tested those among you who strive hard, and the steadfast, and made your
case manifest." 47:31
"And that man shall have nothing but what he
strives for, and that his striving shall be seen." 53:39-40
(2) Knowledge,
defined as awareness of Truth, is essential for correct motivation and action
and, therefore, for achieving the desired consequences. Knowledge is mentioned in the following
verses in a great number of verses including the following:- 2:118,145,230,
3:7,18,66, 4:157, 5:104, 6:98,117,149, 7:52, 9:11, 10:40,90, 12:76, 18:66,69,
20:114, 22:8,54, 27:52,84, 28:80, 31:20, 51:10-11, 53:28.
"And follow (or pursue) not that of which you
have no knowledge; verily, the hearing, the sight, and the heart, of all of
these it shall be asked (to give an account)." 17:36
"But most of them follow naught but conjecture
(suspicion, fancy, guesswork, speculation); verily, conjecture can by no means
take the place of (or avail against) truth. Verily, Allah is Aware of what they
do." 10:37
"Cursed be the conjecturers (or lie-mongers),
who flounder heedless in an abyss (of ignorance and confusion)." 51:10-11
"Nay! Those who are unjust follow their low
desires without any knowledge; so who can guide him whom Allah causes to err?
And they shall have no helpers." 30:29
"Say, "My Lord has only forbidden
abominable deeds, the apparent and the concealed, and errors, and greed for
that which is not right, and associating with Allah that for (or to) which He
has given no authority, and saying about Allah that of which you have no
knowledge." 7:33
"The believers should not march forth
altogether. If a section from every troop remain behind, then they could devote
themselves to gaining sound knowledge of their religion and teach their people
when they return to them, that per chance (or possibly) they may beware of
evil." 9:122
"Exalted then be Allah, the King, the Truth (or
the True King)! Hasten not the Quran before its inspiration is completed for
you; but say, "O Lord! increase me in knowledge." 20:114
"Behold, you received it with your tongues, and
spoke with your mouths what you had no knowledge of, and deemed it a light
thing, while it was most grave in the sight of Allah. . And why, when you heard
it, did you not say: It is not for us to speak of this? Glory be to Thee, O
Allah, this is an awful slander!" 24:15-16
"Nay, but it (the Quran) is a clear revelation
in the heart of those who are endowed with knowledge, and none deny Our
revelations save the wrongdoers (or unjust)." 29:49
"But amongst men are those who purchase idle
tales without knowledge, to lead astray men from the path of Allah, and to make
a jest of it; for them is shameful woe!" 31:6
(3) The importance
of Endurance and Patience (Sabar) are given in the following verses:- 2:45,
153-155, 3:17, 120, 186, 4:25, 7:126,
8:46, 10:110, 11:49, 115,
12:18,90, 13:22-24, 16:42, 96, 126-127, 20:30, 22:35, 30:60, 31:17, 33:35,
39:10, 41:35, 42:43, 46:35,
50:39, 68:48, 70:5, 73:10, 76:24, 90:17.
It also refers to
constancy, perseverance, forbearance, tolerance, long-suffering, patience, the
bearing of misfortune or adversity, the overcoming of fickleness and
distractibility, the creation of concentration, strength of purpose, and
single-mindedness, the ability to bear hardships and suffering without
perversion of thought, feeling and action, the keeping of one's words,
promises, contracts, oaths and treaties. No one can achieve anything if he has
not learnt to endure difficulties. Failure is usually the result of the
inability to endure. It has obvious social value in creating stability,
certainty and security without which there can be no social order.
Psychologically, it creates the need to consider, gain appropriate knowledge,
think and plan before giving one's word. It demands psychological constancy and
stability, and the assumption of ones responsibilities. The worst aspect of the
human condition effecting all other aspects of life, is the instability of the
human mind. Indeed, it may be said that a person with an unstable mind cannot
have existence. It is also
involved in the ability to tolerate and to forgive, without which the life of
the individual as well as the society would be impossible.
The Duties could
also be classified as follows:-
(a) To Allah - This
consists of (i) Taqwa -cultivating consciousness of Allah. (ii) Tawakkul -
cultivating Trust in Allah (iii) Rida Allah - striving to please Allah.
(b) To oneself -
This consists of (i) Tawba -
repentance, (ii) Dua - supplication, (iii) Tazkiyah - purification (inner and
outer), (iv) Sabr - patience and perseverance (v) Shukr - Gratitude (vi) The
avoidance of excesses, waste, squandering, hoarding, gambling. (vii) Avoiding
intoxicants, addictives and inferior foods such as pig meat. (viii) Earning
ones living only by honest and beneficial means. (ix) Moderation in the consumption of
food and other wants. (x) Fulfilling ones trust and natural obligations.
(c) Towards others
- This consists of cultivating and promotiing (i) Salam - Peace (ii) Adl - Justice (iii) Musawa -
Equality (iv) Ukhuwah -Brotherhood (v) Mawadah -Love (vi) Rahma - Mercy (vii)
Afw - Forgiveness (viii) Dawah -
Invitation to the faith. (ix) Shuni - Consultation (x) Avoidance of usury. (xi) Avoiding harm (xii) Keeping
promises, agreements and treaties.
(d) Towards the
environment and the creatures in it. This aspect is seldom noticed, though it
is becoming important in this age, so it is important to direct attention to
Quranic verses that refer to this:-
"Work not confusion (chaos, mischief or evil)
in the earth after it has been rightly ordered, and call upon Him with fear and
hope (longing and earnestness); for, verily, the mercy of Allah is nigh unto
those who do well." 7:56
"There is not a beast upon the earth nor a bird
that flies with both its wings, but is a people like to you; We have omitted
nothing from the Book. Then to their Lord shall they be gathered." 6:38
"He it is who brought forth gardens with
trailing and untrailing vines, and the palms and corn land, with various food,
and olives, and pomegranates, alike and unlike. Eat from the fruit thereof
whenever it fruits, and bring the dues thereof on the harvest day, and be not
wasters (greedy or extravagant). Verily, He loves not the wasters." 6:142
"O children of Adam! Take your adornments
(clothes, grooming, manners, etiquette etc.) to every place of worship and eat
and drink, but do not be extravagant (wasteful), for He loves not the
extravagant (wasteful)." 7:31
"And remember how he made you vicegerents
(agents, inheritors) after Ad and established you in the earth so that you took
for yourselves castles on its plains and hewed out mountains into houses. So
remember the bounties of Allah, and waste not the land, despoiling it."
7:74
"And give your kinsman his due and the needy
and the son of the road (wayfarer); and squander (waste) not your wealth in
wantonness. Lo! The squanderers were ever brothers of the devil; and the devil
is ever ungrateful to his Lord." 17:26-27
"And obey not the bidding of the extravagant
(profligate, wasters), Who spread corruption in the earth and mend not their
ways." 26:151-152
"Give full measure, and be not of those who
diminish (give less than due); and
weigh with a true balance, and wrong (or cheat) not mankind of their goods; and
waste not the land, despoiling it. " 26:181-183
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