Human Rights and Islamic Law

Human Rights and Islamic Law

Related to the dignity of humans is the question of “human

rights.” It is not unusual to read Western writers claiming that the

concept of human rights is a Western invention. For example, Ann

Mayer writes, “Concepts of human rights are just one part of a cluster

of institutions transplanted since the nineteenth century from the

West.” Again, J. Donnelly wrote,

Most non-western cultural and political traditions

lack not only the practice of human rights but the

very concept. As a matter of historical fact, the

concept of human rights is an artifact of modern

western civilization.

In reality, though, all legal codes have given necessary rights to

humans. In fact, one could argue that such is most true of Islam,

which guaranteed numerous rights to all of humankind. Islam is a

religion of justice, rights and rule of law and it safeguarded these

rights of humans some fourteen hundred years ago.

For this reason, when Muslim scholars studied the Universal

Declaration of Human Rights (UDHR), they found that the vast

majority of the declaration was already affirmed and put into practice

by the religion of Islam. Thus, if one takes a cursory look at some

human rights listed in the UDHR, it can be easily shown that such

rights have been affirmed and protected by Islam. To take some of the

articles at random, Article 3 reads, “Everyone has the right to life,

liberty and the security of person” and Article 7 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.” One can say such rights are not

only protected in Islamic Law but that it forms part of the goals of the

Law itself to protect rights of this nature.

To this day, there is dispute over what should be considered

the fundamental human rights. There is, of course, a very important

question that secular human rights advocates have historically h ad

difficulties answering: On what basis can one claim that something is

a fundamental human right? Do humans truly have the knowledge

and ability to determine what are fundamental human rights?

Shouldn’t the determining of such fundamental human rights be

related to knowledge of the very essence and souls of humans while it

must be admitted that humans have had very little success in

penetrating the vast mysteries of the human soul?

The Islamic answer to these types of question is quite

simple: It is the Creator who has the knowledge and authority t o

determine what is a fundamental human right and no one else. Only

God can determine in an unbiased manner and in a manner that is

most consistent with human nature, as well as individual and societal needs, what must be

considered the fundamental rights of humans.

To leave such a grave matter solely to human reasoning—which has

differed over the rights and have obviously changed their minds over

time as to what such rights should be —and distanced from the

revelation from God is fraught with danger.

Incidentally, there is yet another important difference

between the Islamic view of human rights and any secular view of

human rights. Muslims see the human rights sanctioned by Islam as

God-given rights that cannot be violated in any w ay. They are not

political weapons that are defended only when politically expedient

and otherwise simply ignored. In obedience to God, a Muslim must

respect the rights of others as given by the religion of Islam. This has

been manifested in the behavior of Muslims throughout their history.

Even when war had to be resorted to, Muslims had very strict

guidelines that they had to abide by and they were known to abide by

them. One can find no example of Muslim armies perpetuating the

kind of violence and slaughter that took place at the hands of the

Crusaders when they entered Jerusalem. Similarly, this author is

fairly certain that Muslims never committed the kinds of atrocities

that were committed recently at Abu Ghraib, although they w ere

committed—and sometimes even defended—by a people who claim

to believe in human rights, freedom, democracy and so forth.

The Prophet Muhammad (peace and blessings be upon him) said in the authentic hadith

narrated by Mu'adh ibn Jabal (may God be pleased with him): "Do you know what God's

right is over His servants?

And what the servants' right is over God?" I said: God and His Messenger know best. He

said: "God's right over His servants is that they worship Him and do not associate anything

with Him, and the servants' right over God is that He does not punish those who do not

associate anything with Him." (Narrated by Al-

Bukhari and Muslim)

See you in the next blog to complete the book.

Sources :-

A book for calling people to Islam in English is the book .

"What is Islam?" by Jamaal Zarabozo

A piece of advice and an invitation from a well-

wisher for you .

I invite you, my dear brother, to Islam and to believe in God Almighty. He alone is worthy of worship. The purpose of our creation is to worship God alone, without any partners.