HUMAN RIGHTS IN ISLAM- 2

Human rights in Islam

Islamic law has five objectives: preservation of religion, life, intellect, honor, and wealth. These are the main headings of multiple human rights.

1- The right to life

(a) Human life in Islam is sacred. It is not permissible for anyone, even if it is the person himself, to transgress against it: }whoever takes a life—unless as a punishment for murder or mischief in the land—it will be as if they killed all of humanity; and whoever saves a life, it will be as if they saved all of humanity{ The sanctity of life cannot be removed except by the Sharia and its approved procedures.

(b) The physical and moral being of a human is protected by the Sharia during his lifetime and after his death.

2- The right to freedom

(a) A person's freedom is sacred – as his life is – and it is the first natural quality granted to him at birth. "There is no child born except that he is born on instinct." 

Liberty or freedom is accompanied and continuous, and no person has the right to infringe upon it: “Whilst you enslave people when their mothers have given birth to them as free persons.”

The provision of sufficient guarantees is necessary to protect individuals, without restriction or limitation except by the authority of the Sharia and its procedures.

(b) It is not permitted for a nation to encroach on the freedom of another. The violated nation has the right to repel the aggression and regain its freedom by any means possible.

}There is no blame on those who enforce justice after being wronged.{

The international community is duty-bound to provide support to every nation in their struggle to achieve freedom, and moreso, Muslims bear an uncompromising duty in doing so:

}They are˺ those who, if established in the land by Us, would perform prayer, pay alms-tax, encourage what is good, and forbid what is evil. And with Allah rests the outcome of all affairs{

3- The right to equality

(a) All people are equal in the Sharia: “There is no superiority for an Arab over a non-Arab, nor for a non-Arab over an Arab, nor for a red over a black, nor for a black over a red, except by piety, ”… and there is no distinction between individuals in the application of the law, “If Fatimah the daughter of Muhammad had stolen, I would have severed her hand” Similarly, there is no distinction in the protection of these laws as regards to humans,“Indeed, the weakest of you in my sight is the strong until I take the right for him, and the strongest of you in my sight is the weak until I take the right from him.”

(b) In terms of human value, all people are considered equal. 

“All of you belong to Adam, and Adam is from dust.” Rather, they differ according to their deeds, “And each has degrees of what they have done.”

Exposure of a person to danger or harm is not permitted, more than what others are exposed to: “Muslims are equal in blood.” Every idea, every legislation, and every situation that validates discrimination between individuals on the basis of gender, race, color, or religion is a direct removal of this general Islamic principle. 

(c) Every individual has the right to gain benefit from the material resources of society through employment and work opportunity equal to that of others: {so walk in its paths and eat of his provision}.

Differentiation between individuals in terms of remuneration is not allowed in Islam, as long as the effort expended to do the work equal remuneration and that the work performed is the same in terms of quantity and quality.

}So whoever does an atom’s weight of good will see it. And whoever does an atom’s weight of evil will see it{

4- The right to justice

(a) Every individual has the right to refer for judgment to the Sharia, and to be judged according to it alone: }Should you disagree on anything, then refer it to Allah and His Messenger{

}And judge between them ˹O Prophet˺ by what Allah has revealed, and do not follow their desires{

(b) The individual has the right to defend himself against injustice (Allah does not like to speak ill of loudly except from the one who is wronged). Similarly, it is his duty to repel the injustice on behalf of others as he is able to. A man should help his brother, whether he is the oppressor or the oppressed. And if he is the oppressor, then let him stop him, and if he is oppressed, let him help him.” 

It is the right of the individual to resort to a legitimate authority offers protection to him, treats him justly, and defends him from harm or injustice. The Muslim ruler must establish this authority under the provisions of impartiality and independence: “The imam is a shield behind which the person fights and takes refuge in.” 

(c) The individual has the right and duty to defend the right of any other individual, and the right of the group “Shall I not inform you of the best of martyrs? The one who comes before he is asked for it” (Hisbah volunteers it without asking anyone.”

(d) The right of an individual to defend himself may not be confiscated under any justification: “The holder of the right has an article,” and “If the two adversaries are presented to you, do not pass judgment until you hear from the other as you heard from the first, for that is more appropriate for the judgment to be made clear to you.”

(e) No one has the right to force a Muslim to obey an order that is contradictory the Sharia. The Muslim individual must say “No” to the person who commands him to commit a sin, whatever the command may be: “If he is commanded to disobey, then he should not listen nor obey.” He holds a right group to protect his rejection of the command, in solidarity with the truth: “A Muslim is the brother of a Muslim, he does not wrong him or betray him”.

5- The right to a fair trial

(a) Innocence is the principle: “All of my nation is exempted except for those who speak out.” It is desirable and continuous even when a person is accused, unless his conviction is finally proven before a just court. 

b) Criminalization is regulated and guided by legal text.

}And We would never punish ˹a people˺ until We have sent a messenger ˹to warn them{

Muslim cannot be excused for not knowing what is generally known of lslam when it comes necessity, but his ignorance is regarded (once proven) as a suspicion by which the hudud are only avoided: }There is no blame on you for what you do by mistake, but ˹only˺ for what you do intentionally{

(c) A person is not convicted of a crime nor punished unless it has been proven that he committed it, with clear and unreviewable evidence, before a judicial court. }if an evildoer brings you any news, verify it{ }surely assumptions can in no way replace the truth{

(d) It is not permissible – in any case – to exceed the punishment of that which the Sharia has determined for the crime: }These are the limits set by Allah, so do not transgress them{

The principles of Sharia takes into consideration the circumstances and conditions surrounding the crime in order to deflect the execution of the hudud: “Deflect the hudud from Muslims to your utmost ability, for if there is a loophole for him, then let him be on his way.” 

(e) A person is not held responsible and accountable for the crime of another; and }No soul burdened with sin will bear the burden of another{

Every person is independent and responsible for his actions: }Every person will reap only what they sowed{

It is not permissible under any circumstances for the responsibility and accountability to be extended to his family, relatives, followers or friends: }Joseph responded, “Allah forbid that we should take other than the one with whom we found our property. Otherwise, we would surely be unjust{

6- The right to protection from abuse of authority

Every individual has the right to protection from abuse by authorities. It is thus not permitted to request of any individual for an explanation of his actions, his situation, conditions, nor is it permitted to charge him, except on the basis of clear and established evidence, which alludes to his involvement in the action he was charged with: 

}As for those who abuse believing men and women1 unjustifiably, they will definitely bear the guilt of slander and blatant sin{

7- The right to protection from torture

(a) It is not permissible to torture the criminal, let alone the accused person. 'Allah will torment those who torment people in the world.

Likewise, it is not permissible to force a person to confess to a crime he did not commit. Anything that has been extracted by means of coercion is invalid: 

Allah, the Most High, has overlooked my follower's mistakes and forgetfulness, and what they are forced to do against their will

(b) Whatever the crime of the individual, and whatever the penalty assessed by Sharia, his humanity and human dignity remain uninfringeable.

8- The individual's right to protect his honor and reputation

An individual’s honor and reputation are sacred and may not be violated: Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours. It is forbidden to expose him, and to undermine his personality and moral entity: }And do not spy, nor backbite one another{

}Do not defame one another, nor call each other by offensive nicknames{

9- The right to asylum

((a) It is the right of a persecuted or oppressed Muslim to seek refuge where he feels safe. The right to asylum is one that Islam guarantees to every persecuted person, irrespective of nationality, creed or race. Muslims are thus obligated to provide the asylum seeker with security and safety whenever he seeks asylum from them: }And if anyone from the polytheists asks for your protection ˹O Prophet˺, grant it to them so they may hear the Word of Allah, then escort them to a place of safety{

(b)The Sacred House of Allah in the noble city of Makkah is a reward and a place of security for all people, where Muslims will not be turned away:

}Whoever enters it should be safe{ }And ˹remember˺ when We made the Sacred House1 a centre and a sanctuary for the people{ }We have appointed for all people, residents and visitors alike—along{

10- Minority rights

(a)The religious situation of minorities is governed by the general Quranic principle: 

}Let there be no compulsion in religion{

(b)The civil and personal status of minorities are governed by the Sharia of Islam if their trial occurs within the Islamic state. }So if they come to you, O Prophet, either judge between them or turn away from them. If you turn away from them, they cannot harm you whatsoever. But if you judge between them, then do so with justice{

The dhimmis (those who fall under the protection of the State) are considered as part of the Dar al-Islam, and thus fall under the protection of the State. They are thus associated with the Islamic State through association of nationality, and are entitled to enjoy all the general rights afforded to Muslims.