Human Rights in Islam

Allah distinguished humans with many qualities. The Holy Quraan reads: {We have honored the sons of Adam with: provided them transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of Our Creation.}([1]) Among these honors is to make Man as a vicegerent on Earth ([2]) and endowed him with the freedom to enjoy its good things and to invest it for the benefit of his life in the Hereafter, provided that he builds it and establish justice on it.
God created all humans from a single source; i.e., dust([3]), and made them to multiply from a single male and female. Therefore, the Prophet said that there is no superiority of an Arab above non-Arab or vice versa and there is superiority of a red person over a black or vice versa except with piety. This concept, however, differs from the exaggerated concept absolute equality.
Among the favors conferred on man is to create him in the best mold,([4]) and commending his parents to give him a good name, and to celebrate his birth. Islam also made it compulsory for his parents to educate him well to prepare him to attain felicity in the temporary life and in the Eternal one. Islam also conferred on him many rights from his community.([5])
What is the Islamic Concept of Justice and Equality?

Islam differentiates between justice and equality, because it considers justice as an absolute concept, but equality could be relative or absolute. Only when it is relative it can be equivalent to justice.
God created human beings and distinguished some of them with better natural gifts such as intelligence and better chances to acquire acquirable gifts such as wealth or dedication or sincerity. This distinction is to facilitate the complementary and competitive relations between the different groups. In the light of the Divine system of accountability this does not mean exclusion of justice. For absolute equality is different from justice. In fact, sometimes it contradicts justice.
An example of this is the equality between the diligent and the lazy, the sincere and insincere, the intelligent and the dull, the father and the son, the teacher and the student, or the citizen and the non-citizen. This is why we have tests and contests, the legal ways of distinction between people. For the same reason, it was necessary for some to obey others. Without this arrangement, communities, countries and the universe cannot survive, regardless of whose perspective it is, the secular or the religious.
On the other hand, the opportunity for improvement in the area of the innate gifts is limited, but the opportunity for improvement in the area of the acquired gifts is widely open. Nevertheless, in both areas the more gifts one has the greater his responsibility towards himself and the community at large.
Only relative equality can be equivalent to justice because justice means to give everyone what he/she deserves or is suitable for.
Just or fair equality is also to judge a person according to his accomplishment or his effort in the light of his innate gifts.
Justice in Islam also means that there should be a sufficient reward and punishment, and just settlement of the rights between the creatures. Therefore in Islam this life is not the whole story, but it is completed by the life in the Hereafter. In this world, the lucky enjoys his luck which he did not create himself; and the diligent would die without receiving his fair reward. The oppressor may not only escape the punishment but enjoys the injustice; and the oppressed my parish without fair compensation.
From these facts it springs the need to a fair and comprehensive accounting where each will receives his deserved punishment, unless God forgives him and the diligent receives his rewards multiplied endlessly. In the Hereafter also the final settlement of the rights between the creatures shall take place.
What is the Islamic Concept of Freedom?

Freedom in Islam does not mean absolute freedom of the secular cry. Islam is a realistic religion of a comprehensive perspective. Therefore, freedom in Islam is a relative thing because the humans are connected with a perfect and gigantic system of natural laws that run the universe, with the permission of Allah. God created the universe and runs it by His direct command (i.e., “be and it will be”) and by the natural laws that He has created. Furthermore, nothing can occur without his permission for He has a full control over His creation, and everything that will happen is recorded.
Certainly, this does not mean that God destined people to live the way they will live, as some of us like to perceive the concept of alqadar (fate). Alqadar is, actually, a prerecording of what will occur, based on the absolute knowledge of the Creator, which is not limited by time or space nor by the limited senses, as it is in the case of people or other beings.([6])
The freedom of man is also limited by his responsibility towards his Creator Who made him a vicegerent on earth and made many creatures available for him to enjoy and to invest for the Eternal Life. This responsibility is based on three special gifts: the gift of thinking, the guidance (the holy books) and the relative freedom to choose between the causes of imminent results (natural laws).
It is evident that man cannot normally free himself from the effect of natural laws. However, he has the choice of neglecting Divine guidance and commands, with the knowledge of God. But then he has to face the consequences of his disobedience.
In addition to that, man is chained with his frame of reference: his family his community, his country… What is applicable to the individual is applicable to the minority; and what is applicable to any group within a country is applicable to any country in the international community.
Among the other constraints is that when a person willingly joins a group, to benefit from the membership advantages, he will certainly have to commit himself to their rules, including doing his duties as a member, until the membership expires; otherwise, he will be subject to punishment.
Nevertheless, with all these constraints man has a wide range of freedom in many affairs. In addition to the relative freedom to choose between good and evil according to the Divine teachings, he has numerous types of freedom incorporated under the different grades of acceptable or rejected multiplicity.
In Islam equality means equality of the efforts exerted in the investment of God’s gifts

Multiplicity and diversity are an essential factor for the human happiness. Without it there will be no competition that motivates people to exploit nature to its utmost in order to secure their needs and welfare.
What about Freedom of Speech:

Many Muslims believe that only the political system which is successful in the Western environment is the one that secures happiness for human beings, because it guarantees the freedom speech. However, if we ask a Muslim: Do you want the kind of freedom the West has even though it is likely to be at the expense oft he happiness in the Life hereafter? Most probably the answer will be: No.
But if we mean by freedom of speech the duty of a guided criticism of the miss conduct of any member of the community as well as to encourage good conduct, then we can assure that Muslims do not need to export systems which are successful in some alien environments. For in Islam encouragement of good conduct and discouragement of bad conduct is a religious duty, not a right which a person can give away. This duty is to be fulfilled guided by the Islamic teachings which are approved by the majority of Muslim scholars. It should be performed in a way that makes this indispensable tool for the human welfare realizes its goals. Among the basics of this way is to be a kind and a tender reminding. It is also important that the community is steadfast in doing it, encourage it by providing the required facility for training, securing the right environment for it to flourish and by protecting it from monopolizing.
Taking an example of a family situation, there are no means which better prevent deviation of its members than parents permitting the other family members to express their opinions in the family affairs or expressing their feeling, without the fear of being rebuked or punished. Even though, sometimes, the opinions are not ripe or the expression is harsh. This is better for the whole family than the parents living in a false world where everything is going properly at surface and it is boiling in the darkness. It is better because discrepancies of the open conduct can easily be detected and to be repaired. While what goes in darkness is looks like cancer growing unnoticed and without any preparation to re battle it. In other words, It is better for the welfare of the whole family to tolerate some evils which are under their eyes than to tolerate the danger of hiding greater evils. Any way, there is no good thing without their proper prices.
What about Slavery in Islam?

Slavery was a practice imposed by the international norms at the advent of Islam.([7]) This common norm lasted for a long time. Islam had no choice but to act upon it to avoid being weak before its enemies. What confirms this fact is that there are other sources of slavery, such as parents selling their children and hunting free people to sell them, but Islam limited it to prisoners of war only. Not only that, Islam gave the Muslim ruler the choice of freeing captives for nothing or for a ransom or exchanging prisoners.([8]) The Holy Quraan did not even mention enslaving as a choice. This is because in Islam all people are but brothers and sisters of each other. They are all servants of God. The only eternally valid criterion in the sight of Allah is piety; i. e., sincere love and fear of the Creator.([9]) Therefore, Islam encourages Muslims to treat their slaves well and described the slaves as the brothers of their masters.([10])
After all, Islam does not consider slavery a natural phenomenon but as an exceptional case, which should be dealt with, carefully balancing between the basic rule and reality.
Once a captive is enslaved he becomes the property of someone. Therefore he cannot be freed automatically by becoming a Muslim because Islam respects personal properties. Even the Prophet had to obtain the permission of the owners to release a captive once he became a property of someone. ([11])
Emerging from the above principle, Islam took the necessary steps to completely eliminate slavery, once the legal source is abolished. It made freeing of slaves the first alternative of atonement for many sins. Similarly, it made helping free the slave a highly recommended act, even by using the public funds, and encouraged freeing slaves as a form of charity that brings a great reward in the Hereafter. Islam also made emancipation of the slave-girl obligatory after the death of her master if she bore him a child. It is worth noting that Islam did not make emancipation of a slave as the only form of atonement for certain sins in anticipation of a day when there would no slaves.([12])
Thus, if Muslims commit themselves to the current principles of the United Nations in this respect, they are not adopting something new but are actually reverting back to the original ruling of Islam in this matter.
What is the Islamic Political System?

Any system is composed of two parts: the content (the principles) and the forms or procedures. Islam sets the comprehensive necessary principles of the social organizations (associations, private organizations) and the political (public organizations). But it did not make any specific form binding on them and left that to Muslims in the different ages and areas to choose what suites their reality and circumstances.([13]) The efficient, detailed forms and procedures are usually a result of the interaction between the principles and reality. The degree of interaction varies according to the different aspects of life, and in the political arena it is greater than in the others.
In other words, Islam does not encourage or discourage the hereditary system or the system that depend primarily on election, as long as the government submits to the Will of Allah represented by the Holy Quraan and the Prophetic traditions.
Islam encourages organization, which is clearly demonstrated in its rituals and it encourages unity. Allah commands: {And hold fast all together by the rope of Allah and be not divided among yourselves.}([14]) It also encourages positive cooperation between people in general. Allah commands: {Help each other in righteousness and piety. But do not help one another in sin and rancour.}([15]) It also encourages people to cooperate in the fields of mutual interests. The best example of this is the treaty signed by the Muslims and the Jews and the polytheists in Medina.
Concerning the content or the principles, there are actually many similarities but there are major differences between the Islamic system and the other systems, among which are the following:
1. The Christian religious hierarchy was a human system, which was well organized in a system of high sacredness. The highest religious authority used to monopolize the power of legislation, and the power to interpret the Bible. In other words, the border was not clear between the authority of the Bible and the authority of the religious body. The church is a place of worship and an authority, while the mosque is only a place of worship and sometimes a learning center.
In the Islamic system the distinction between the authority of the Holy Quraan and the Prophetic Traditions, on one hand and the authority of the scholars of the Islamic study on the hand is clear. This fact is true even though the role of the religious scholars is evident in interpreting the two sacred sources of Islamic teachings. In this system the scholars are completely independent persons; they do not belong to any tightly organized official body. Therefore, any qualified person can make his own interpretations based on his knowledge of the Arabic language and the other tools of interpretation that may differ slightly from one school of thought to another.
Furthermore, Islam leaves plenty of room for non-religious scholars to play their role in working out the procedural laws.
2. A completely secular system puts the whole authority of legislation in the hands of the majority, which could be a true one or a manufactured one. Religion is reduced to some beliefs and worship rituals.
In the Islamic system, beliefs, rituals and the law are but one harmonious unit guided, directly or indirectly, by the Divine Will, represented by the Holy Quraan and the Prophetic traditions. The religious scholars only participate, at least, by supervision in running the system, along with the other experts specialized in other fields required to operate the system efficiently.
In addition to that, criticism or legal “protest’ is not only permitted but it is a duty ([16]) that cannot be relinquished by the whole community, while in democracy freedom of speech is only a right which can be abandoned.
Consultation (opinion participation) is a right for any qualified person, one way or another, not limited by gender, age or race. In the ‘democratic’ system usually those of influence are the ones who initiate decisions, formulate them, and write them. The influence is supposed to be generated from qualification. This is so because the nature of the system makes it more susceptible to be controlled by behind the screen forces, such as the power of money or the power acquired by illegal means.([17])
The role of the majority is usually confined to voting on a ready-made version regardless of their experience and qualification and whither the voters represent the real majority of the voting population or not.
The secular system depends primarily on the principle of struggle and bargaining between the forces that have something to bargain with and have the experience to bargain. The winner is the most powerful and the most experienced in bargaining. Under the banner of this system self interests will win even at the expense of the peoples’ interests with the majority’s consent, because the absence of independent supervision except the human’s, whose opinions could be manufactured or easily misled by resorting to some legal or illegal means.
In the Islamic system the political system is a secondary means to secure happiness in this world and in the Hereafter. Supervision is not limited to human supervision for the real watcher is God who cannot be deceived. Accountability, in the Islamic system, is also not confined to this world or before people only. In this world and before humans a criminal could be proven not guilty and escape the punishment, but God knows the fact and the criminal will not escape His punishment. Not only that, but human supervision is supported by the Divine Law, and it is not limited to the human skill of persuasion and bargaining.
What about Citizenship and Religious Multiplicity?

Islam has experienced multiplicity in its first political unit in Medina.([18]) It was a confederation which was composed of different races (tribes of the Medinite Supporters, tribes of the Meccan Immigrants and the Jews) and different religions (Islam, Judaism and polytheism).
Islam certainly takes care of the rights of the individuals and the groups, whether they are a majority or a minority, and it balances between them in a way that secures to each what it deserves. Islam takes care of all people, whether they belong to the majority or the minority, but each group according to its respective importance. In decision-making it grants the majority a special weight in the public affairs, where multiplicity is not possible and standardization is indispensable. This is so because the majority’s rights outweigh the minority’s rights. In fact, the term “dhimmi” which was used by the Muslim states is only a part of the term “minority” today. The term dhimmi is based on the difference of religion only, while the term minority is based on race, language or religion…etc
However, in the individual affairs, such as belief and worship, and in civil rights, Islam grants the minority its appropriate rights within the boundaries of the constitutional principles.
It is noteworthy that among the duties of the non-Muslim citizen is paying what was called jizyah for the benefit of the community that he belonged to and enjoyed its services. As for the Muslim citizen he has to pay zakat from his wealth for the needy and the community. Today’s taxes of different sorts, actually include both what was called jiziah and the zakat or part of it.
Although, Islam acknowledges the special rights of the majority it emphasizes the rights of the minority. Prophet Muhammad said: “Whoever causes injustice to a non-Muslim citizen or resident or disdains him or over-burdens him or takes from him things without his consent I shall be the defendant of the mistreated.” ([19])
It is because of this principle, which was implemented by the Muslim rulers in general that Christianity and Judaism not only survived, but also flourished in the Middle East throughout the Muslim reins. India is another example where Muslims governed for about seven centuries but never compelled any one to embrace Islam. No wonder if the majority of the Indians maintained their Hindu religion. It is also true that the Muslim armies have never reached the far East such as Indonesia and Malaysia but the majority of these nations became Muslims.

([1] ) Holy Quraan 17: 70.

([2] ) Holy Quraan 2: 30; 33: 72.

([3] ) Holy Quraan 3: 59.

([4] ) Holy Quraan 95: 4.

([5] ) Al-Anani pp. Sieny, Political education.

([6] ) Ismaeel, Prereording pp. 3-28.

([7] ) See for example The Holy Bible: Deut. 20: ; 2 Sam. 12: 18-19; Kings 11: 3;
Job 19: 14-16 ; 1 Peter 2: 18, 20-21.

([8] ) Holy Quraan

([9]) Glorious Quraan, 49: 13.

([10]) Qutub, Islam the Misunderstood pp. 62-111.

([11]) Ibnal Qayyim, Zad vol. 3: 471-476; Shoukani vol. 7: 304-307

([12]) Glorious Quraan, for example, 5: 89; 58: 3-4.

([13] ) Asad pp. 53-56; al-Awa pp.66-68.

([14] ) Holy Quraan 3: 103.

([15] ) Holy Quraan: 5: 2.

([16] ) The over-seeing duty is called al-amr bil ma’roof wa nahie ‘anil munkar
(enjoining good and forbidding evil).

([17] ) The short period of period assigned for governance has numerous benefits but
it makes governors more subject to the influence of the power of money during
the election and after winning.

([18] ) ibn Hisham [2: 107-108.

([19] ) Sunan abu Dawood: alKharaj; al-“asqalani [12: 270-2.