HUMAN RIGHTS IN ISLAM- 4

HUMAN RIGHTS IN ISLAM- 4

19 -The right to build a family

(a) Marriage – within the Islamic framework – is a right granted to every human being. It is the legitimate and lawful manner of building a family, have offspring and protect one chastity. Each spouse has equal rights and duties established by the Sharia:

The father has the right to raise his children physically, morally, and religiously, according to his faith and Sharia law, and he is responsible for deciding the direction he guides them towards, “Each of you is a shepherd and each of you is responsible for his flock.” ‘

(b) Each spouse is entitled to respect, appreciation of their emotions and conditions, in accordance to the concepts of mutual lobe and mercy. {And one of His signs is that He created for you spouses from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy}

(c) The husband must spend on his wife and children and not be ungenerous towards them: {Let the man of wealth provide according to his means. As for the one with limited resources, let him provide according to whatever Allah has given him}

(d) Every child has the right to be raised, educated, and disciplined by his parents: {and pray, “My Lord! Be merciful to them as they raised me when I was young}

Children may not be employed at an early age, nor may they be charged with work that exhausts them, hampers their development, or stops them from their right to play and learn.

(e) If the parents of the child are unable to fulfill their responsibility towards him, then this responsibility is extended to the community. The maintenance of the child will be provided from the Public Treasury of the State, “I am more worthy of every believer than himself, so whoever leaves a debt or property is on me, and whoever leaves money she inherited it."

(f) Every member of the family has the right to obtain from it what he needs in terms of material provision, care and love, in his childhood, old age and in a state of inability. The parents also have a right over their children who are charged with taking care of their material and immaterial needs. “You and what belongs to you, belongs to your father.”

(g) Motherhood enjoys a right and is a position that enjoys special consideration in the family: “Oh Messenger of Allah: Who is most deserving of my good companionship?” He said: Your mother: He – the questioner – said: Then who? He said: Your mother. He said: Then who? He said: Your mother. He said: Then Who? He said: Your father. 

(h) The responsibility of the family is a partnership between the members of that family. Each member thus operates according to their capacity and natural instinct. The responsibility extends beyond the circle of parents and children to family and close relatives: “Oh Messenger of Allah: Who is righteous? He said: Your mother! Then your mother! Then your mother! Then your father, then the closest and the closest.” 

A young man or young girl cannot be forced to marry a person they do not find desirable for marriage: “A virgin maid came to the Prophet ﷺ and mentioned that her father had given her in marriage whilst she despised him, so the Prophet ﷺ gave her a choice”.

20 – The rights of the wife

(a) To live with her husband where he lives: }Let them live where you live ˹during their waiting period˺, according to your means{

(b) To spend on her in a reasonable manner throughout their marriage, and during her waiting period if he divorces her: {Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially} {If they are pregnant, then maintain them until they deliver}

And to take from her divorced husband the alimony of those of her children whom she bears from him, in proportion to the earnings of their father. {And if they nurse your child,1 compensate them}

(c) The wife is entitled to these expenses, whatever her financial situation and whatever her private wealth may be.

(d) The wife has the right to ask her husband to terminate the marriage contract amicably, by means of divorce. She may also request a judicial divorce within the scope of Sharia provisions. {So if you fear they will not be able to keep within the limits of Allah, there is no blame if the wife compensates the husband to obtain divorce}

(e) The wife may rightfully inherit from her husband, as she inherits from her parents, children, and relatives. {And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate}

(f) Both spouses must protect the defects of their partner, and should not disclose any of their secrets, and should not expose physical, moral or ethical deficiency. This duty is confirmed at the time of divorce and after it: {And do not forget kindness among yourselves}

21- The right to education

(a) Good and sound upbringing is one of the rights children hold over their parents, in the same manner that righteousness and good treatment are the rights of the parents over children: 

{For your Lord has decreed that you worship none but Him. And honour your parents. If one or both of them reach old age in your care, never say to them ˹even˺ ‘ugh,’ nor yell at them. Rather, address them respectfully. And be humble with them out of mercy, and pray, “My Lord! Be merciful to them as they raised me when I was young}

(b) Education is a right afforded to all. Seeking knowledge is a duty and obligatory on for all, males and females alike, “Seeking knowledge is obligatory for every Muslim man and woman.” Education is a right that the uneducated person holds over the educated one: 

{Remember, O  Prophet, when Allah took the covenant of those who were given the Scripture to make it known to people and not hide it, yet they cast it behind their backs and traded it for a fleeting gain. What a miserable profit!}

“So that the present one may inform the absent one.” 

(c) Society should provide each individual with an equal opportunity to learn and become enlightened, 

When Allah wishes good for anyone, He bestows upon him the Fiqh (comprehension) of the religion

Each individual has the right to choose what is best suited for his talents and abilities: “Everyone is facilitated in what he was created for”.

22- The right of the individual to protect his privacy

 The secrets of man belong to their Creator alone: "Why don't you tear from his heart?" 

Their privacy is protected so it is not permissible to spy on them; {And do not spy} “Oh community of those who embraced Islam with their tongue, whose faith did not reach their heart: do not harm Muslims, do not reproach them, and do not search for their faults, for whoever searches for the faults of his Muslim brother, Allah searches for his faults, and whoever searches for his faults, Allah exposes him, even if he is in the inside of his saddle.”

23- The right to freedom of movement and residence

(a) Every person has the right to freedom of movement and to move from and to his place of residence. Also, he has the right to travel and emigrate from his homeland and return to it without any restrictions or hindrance to him: {He is the One Who smoothed out the earth for you, so move about in its regions and eat from His provisions. And to Him is the resurrection ˹of all}

{Say, “Travel throughout the land and see the fate of the deniers}

{The angels will respond, “Was Allah’s earth not spacious enough for you to emigrate?}

(b) It is not permissible to force a person to leave his homeland, nor expel him from it randomly and without legitimate reason: {He is the One Who smoothed out the earth for you, so move about in its regions and eat from His provisions. And to Him is the resurrection ˹of all} {Say, “Travel throughout the land and see the fate of the deniers} }The angels will respond, “Was Allah’s earth not spacious enough for you to emigrate?}

(c) Dar al-Islam is one, and it is considered the homeland of every Muslim. Movement within the Dar al-Islam should not be restricted by geographical barriers or political borders. Every country is thus duty-bound to receive Muslim immigrants or visitors and in an amicable manner. {As for those who had settled in the city and ˹embraced˺ the faith before ˹the arrival of˺ the emigrants, they love whoever immigrates to them, never having a desire in their hearts for whatever ˹of the gains˺ is given to the emigrants. They give ˹the emigrants˺ preference over themselves even though they may be in need. And whoever is saved from the selfishness of their own souls, it is they who are ˹truly˺ successful.}

THE HUMAN RIGHTS ISSUE

One of the saddest conflicts associated with Muslims, is the accusation of their disregard of human rights, oppressing them, and threatening them, in an era wherein the Muslim governments, groups, and individuals are exposed to unmatched types of hostility threatening their most basic rights and simplest of freedoms, while they watch as governments and politicians in the super powers of the world use double standards and assessing matters.

Islam is and will remain a perfect intellectual and political model that honors man and humanity as a whole. Such an honour is granted irrespective of tongue, colour and race. Islam has since its advent, protected the blood, inviolabilities, money and dignity of humans and has forbidden their exploitation or violation. Absolute adherence to these sanctities is thus a religious obligation and an Islamic ritual, which cannot be compromised or waivered when they are neglected by Muslims: {Do not let the hatred of a people lead you to injustice. Be just! That is closer to righteousness}

If there are a group of Muslims (here or there) who have not situated this Islamic obligation correctly, and were deficient in carrying it out for people, then such practices (performed by those people) should not be attributed to or associated with Islam.

We thus call to record before global conscience that the greatest grievances of this era is befalling Muslims, and not on them. It is therefore the duty of the intellectuals and believers everywhere to raise their voices calling for equality in the enjoyment of freedom and human rights. This form of equality is the true path to international and social peace and to a new world order that pushes injustice, harm and aggression away from everyone.

Our Lord, decide between us and our people with truth, and you are the best of the conquerors.

Peace and Salutations on our Prophet Muhammad and on his family and companions.