A Review of an Article
One of our vieweres shared with us a review that we felt would be of
great value to the others. The review is that of an article about Human Rights
in Islam by Dr. Fathi Osman. It is comprehensive and well explained. We picked
the major points in the review here for the reader to enjoy.
According to the Quran, dignity of the children of Adam is a divine bestowal
which is to be secured by all means, including the law and the state authorities,
and is to be defended by all forces:
We have conferred dignity on the children
of Adam, and borne them over land and sea, and provided for them sustenance
out of the good things of life, and favored them far above most of our
Creations.
(17:70)
What distinguishes humans from many other creatures is mainly their intellect
and their free will to choose between doing good and doing evil. To fulfill
a human potential, all obstacles and pressures must be removed from the way,
and all means should be secured to maintain and develop our humanity. The
dignity bestowed on humans in the Quran must be defended. It is the individual,
social and universal responsibility of Muslims to guard human rights because
oppression is an obstruction of God's will in His creation:
We reserve the abode of the Hereafter for those
who do not seek exaltation on earth, nor corruption. The
ultimate victory belongs to the righteous.
(28:83)
As for the responsibility of the individual, Dr Osman continue by saying;
It is the individual, social, and universal responsibility of Muslims, according
to their faith, to protect the human merits and virtues of all the children
of Adam, whatever their differences may be. Defending the human rights of
human beings is a religious duty for a Muslim, who believes that any oppression
is an obstruction of God's will and plan in His creation. Moreover, a Muslim
believes that God has created all mankind equal as human beings, and no one
can claim superiority in this respect, whatever his/her ethnicity, family,
wealth or gender may be.
Dr. Osman then quote verse one of sura 4 and verse 13 of sura 49;
O people, observe your Lord; the One who created
you from one being, and created from it its mate, then
spread from the two many men and women. You shall regard GOD, by whom you
swear, and regard the parents. GOD is watching over you.(4:1)
O people, we created you from the same male and female, and rendered you
distinct peoples and tribes, that you may recognize one another. The best
among you in the sight of GOD is the most righteous. GOD is Omniscient,
Cognizant.
(49:13)
The only One who is above all humans is their Creator and Lord:
"None equals Him."
(112:4)
Dr. Osman continue;
At the inception of the belief in one God is the belief in the equality of
all human beings, since those who believe in one God believe that all human
beings are created by the one Creator. Thus, deeply rooted in the conscience
of believers is the duty to maintain human rights and to practice equality
in the process. Any discrimination against any individual or group about
their basic rights as members of humanity is a challenge to the faith of
believers, since for any human to claim superiority based on origin or power
is contradictory to the belief in the One Ultimate Supreme Being:
...Glory be to GOD; the Lord with absolute authority.
He is high above their claims. He is never to be asked about anything He
does, while all others are questioned. (21:22-23)
A tyrant is against human rights and the One Ultimate Supreme Being as well:
Pharaoh turned into a tyrant on earth, and
discriminated against some people. He persecuted a helpless group of them,
slaughtering their sons, while sparing their daughters. He was indeed
wicked.
(28:4)
In the same chapter, the Quran states that those who will attain happiness
in the life to come are those who don't seek to exalt themselves on earth,
nor yet to spread malevolence; for the future belongs to the God-conscious
(7:157). Thus, the Quran repeatedly emphasizes human rights and justice,
and condemns injustice, aggression and oppression. It highlights the message
of the Prophet Muhammad:
... He exhorts them to be righteous, enjoins
them from evil, allows for them all good food, and prohibits that which is
bad, and unloads the burdens and the shackles imposed upon them. Those who
believe in him, respect him, support him, and follow the light that came
with him are the successful ones.
(7:157)
Justice can be concisely and precisely defined as the maintenance of human
rights and equality:
Their Lord responded to them: "I never fail to reward
any worker among you for any work you do, be you male or female - you are
equal to one another. ...(3:195)
Any discrimination between men and women in rights or responsibilities is
forbidden according to the divine justice- the same as any other discrimination:
The believing men and women are allies of one
another. They advocate righteousness and forbid evil, they
observe the Contact Prayers (Salat) and give the obligatory charity (Zakat),
and they obey GOD and His messenger. These will be showered by GOD's mercy.
GOD is Almighty, Most Wise..
(9:71)
Divine justice can never be for Muslims only. It secures the rights of all
human beings, whatever their beliefs may be. It is especially protective
of the rights of belief and practicing one's belief, "there shall be no
compulsion in religion" (2:256). Defending all houses of worship is legitimate
and urged:
... If it were not for GOD's supporting of
some people against others, monasteries, churches, synagogues, and masjids -
where the name of GOD is commemorated frequently - would have been
destroyed. Absolutely, GOD supports those who support Him. GOD is Powerful,
Almighty.....(22:40)
Muslims are taught by the Quran to build their relations with others on kindness,
while the minimum obligation which should be strictly observed is justice
(60:8). They should always have in mind that no hostility stays permanently,
and that if they follow God's guidance, their behavior may turn an enemy
into a close friend:
GOD may change the animosity between you and them
into love. GOD is Omnipotent. GOD is Forgiver, Most Merciful.
(60:7)
Not equal is the good response and the bad response.
You shall resort to the nicest possible
response. Thus, the one who used to be your enemy, may become your best
friend.
None can attain this except those who steadfastly persevere. None can attain
this except those who
are extremely fortunate.(41:34-35)
Islam secures the human rights even for those who may violate the human rights
of others, since two wrongs do not make one right. A violation should be
stopped instantly, but the rights of the violator as a human being should
be secured. Islamic law aims to fight the crime in its origin, not just to
inflict punishment. Islamic penal law is enforced in order to prevent the
sources of violation and transgression without social justice and public
education for all. It is required that every possible effort be made to educate
and rehabilitate an offender, not to destroy him/her.
We do definitely agree with Dr. Osman on these points. The Quranic verses
are very strong supporting the view he had taken. He continues;
Islamic civil and commercial law prohibits illegitimate and exploitative
gains while protecting the principle which has been earned legitimately and
legally before usurious additions :
... Those who charge usury are in the same
position as those controlled by the devil's influence. This is because they
claim that usury is the same as commerce. However, GOD permits commerce,
and prohibits usury. Thus, whoever heeds this commandment from his Lord,
and refrains from usury, he may keep his past earnings, and his judgment
rests with GOD. As for those who persist in usury, they incur Hell, wherein
they abide forever.
(2:275)
Dr. Osman then discusses the Islamic laws during the war.
The Islamic law of war requires an open declaration of the start of military
operations, and limits fighting to the combatants only. As soon as the aggression
itself is stopped and the aggressor submits to justice, justice should be
maintained in relation to both parties equally:
....If two groups of believers fought with each
other, you shall reconcile them. If one group
aggresses against the other, you shall fight the aggressing group until they
submit to GOD's
command. Once they submit, you shall reconcile the two groups equitably.
You shall maintain justice; GOD loves those who are just.(49:9)
Any of the enemy's army who asks for protection or shelter should be granted
it, and may be returned to his camp if he so requests:
If one of the idol worshipers sought safe passage
with you, you shall grant him safe passage, so that he can hear the word of
GOD, then send him back to his place of security. That is because they are
people who do not know. (9:6)
The wounded and deserters from the enemy's army should not be attacked, but
should be cared for until they are cured or repatriated.
It is clear from the article by Dr. Osman that Quran protected the human
rights of all individuals. The Muslim jurists actually condensed Islamic
law, as mentioned before, into the securing and developing human personality
in five main areas: life, family, mind, faith, and property. The human rights
covered by these five areas include the collective rights of groups and peoples
as well as the rights of individuals; political and social rights have their
place side by side. A collective effort to defend the powerless and the oppressed
against a powerful oppressor is an essential Islamic obligation. Every right
is considered a responsibility and an obligation. In addition to human rights
being considered a collective responsibility of the umma (the Muslim people
as a group) and the authorities, every holder of a right must also struggle
for him/her self to obtain, maintain and enjoy this right.
As Dr. Osman affirms an accurate balance has to be maintained between basic
spiritual and moral development and education on one side, and the protection
of values by the law and the state on the other. A balance should be maintained
as well between rights and duties:
"We sent our messengers supported by clear
proofs, and we sent down to them the scripture and the law, that the people
may uphold justice. And we sent down the iron, wherein there is strength,
and many benefits for the people. All this in order for GOD to distinguish
those who would support Him and His messengers, on faith. GOD is Powerful,
Almighty.(57:25)
Based on faith in God, the Islamic perspective on human rights is comprehensive
and deep. Quran repeatedly confirmed and assured the equality of all individuals
and guaranteed their rights to live in peace, free of oppression or fear.
Dr. Osman concludes, "This was the message of Islam in early times: a universal
liberation and establishment of justice and maintenance of human rights.
It is thus to maintain, develop and spread such an understanding of the divine
message in our times."
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