Human Rights in the Qur'an
Given the centrality of the Qur'an to the lives of the
majority of the more than one billion Muslims of the world, the critical
question is: What, if anything, does the Qur'an say about human rights? I
believe that the Qur'an is the Magna Carta of human rights and that a large
part of its concern is to free human beings from the bondage of traditionalism,
authoritarianism (religious, political, economic, or any other), tribalism,
racism, sexism, slavery or anything else that prohibits or inhibits human beings
from actualizing the Qur'anic vision of human destiny embodied in the classic
proclamation: "Towards Allah is thy limit" (Surah 53: An-Najm: 42).
I offer an account of the Qur'an's affirmation of
fundamental rights which all human beings ought to possess, because they are so
deeply rooted in our humanness that their denial or violation is tantamount to
a negation or degradation of that which makes us human. From the perspective of
the Qur'an, these rights came into existence when we did; they were created, as
we were, by God in order that our human potential could be actualized. These
rights not only provide us with an opportunity to develop all our inner
resources, but they also hold before us a vision of what God would like us to
be: what God wants us to strive for and live for and die for. Rights created or
given by God cannot be abolished by any temporal ruler or human agency. Eternal
and immutable, they ought to be exercised since everything that God does is for
"a just purpose."
RIGHT TO LIFE. The Qur'an upholds the sanctity and
absolute value of human life and states in Surah 6: Al-An'am: 151:
do not take any human being's
life¾(the life) which God has declared to be sacred -- otherwise than in (the
pursuit of) justice: this has He enjoined upon you so that you might use your
reason.
In Surah 5: Al-Ma'idah: 32, the Qur'an points out
that, in essence, the life of each individual is comparable to that of an
entire community and, therefore, should be treated with the utmost care:
"We ordained for the Children of Israel that if anyone slew a person
unless it be for murder or for spreading mischief in the land it would be as if
he slew the whole people: And if any one saved a life, it would be as if he
saved the life of the whole people."
RIGHT TO RESPECT. In Surah 17: Al-Isra':70, the Qur'an
says: "Now, indeed, We have conferred dignity on the children of
Adam." Human beings are deemed worthy of esteem because of all creation
they alone chose to accept the "trust" of freedom of the will (Surah
33: Al-Ahzab: 72). Human beings can exercise freedom of the will because they
possess the rational faculty, which is what distinguishes them from all other
creatures (Surah 2: Al-Baqarah: 30-34). Though human beings can become
"the lowest of the lowest," the Qur'an declares that they have been
made "in the best of moulds" (Surah 95: At-Tin: 4-6), having the
ability to think, to have knowledge of right and wrong, to do the good and to
avoid the evil. Thus, on account of the promise which is contained in being
human, namely, the potential to be God's vicegerent on earth, the humanness of
all human beings is to be respected and considered to be an end in itself.
RIGHT TO JUSTICE. The Qur'an puts great emphasis on
the right to seek justice and the duty to do justice. In Surah 5: Al-Ma'idah:
8, it tells the believers:
O you who have attained to faith! Be
ever steadfast in your devotion to God, bearing witness to the truth in all
equity; and never let hatred of any one lead you into the sin of deviating from
justice Be just: this is the closest to being God-conscious.
And again, in Surah 4: An-Nisa': 13f; the Qur'an
emphasizes the importance of upholding justice:
O ye who believe! Stand out firmly
for justice, as witnesses to Allah, even as against yourselves, or your parents,
or your kin, and whether it be (against) rich or poor: for Allah can best
protect both. Follow not the lusts (of your hearts), lest ye serve, and if ye
distort (justice) or decline to do justice, verily Allah is well-acquainted
with all that ye do.
In the context of justice, the Qur'an uses two
concepts: "`adl" and "ihsan." Both are
enjoined, and both are related to the idea of "balance," but they are
not identical in meaning. "`Adl" is defined by A.A.A. Fyzee, a
well known scholar of Islam, as "to be equal, neither more nor less."
Explaining this concept, Fyzee wrote: "in a court of Justice the claims of
the two parties must be considered evenly, without undue stress being laid upon
one side or the other. Justice introducing the balance in the form of scales
that are evenly balanced." "`Adl" was described in
similar terms by Abu'l Kalam Azad, a famous translator of the Qur'an and noted
writer, who stated: "What is justice but the avoiding of excess? There
should be neither too much nor too little; hence the use of scales as the
emblems of justice." Lest any one try to do too much or too little, the
Qur'an points out that no human being can carry another's burden or attain
anything without striving for it (Surah 53: An-Najm: 38-39).
Recognizing individual merit is a part of "`adl,"
the Qur'an teaches that merit is not determined by lineage, sex, wealth,
worldly success, or religion, but by righteousness. Righteousness consists of
both right "belief" ("iman") and just
"action" ("`amal") as clearly indicated by Surah 2:
Al-Baqarah: 177, which states:
It is not righteousness that ye turn
your faces towards East or West; but it is righteousness to believe in God and
the Last Day, and the Angels, and the Book, and the Messengers; to spend your
substance, out of love for Him, for your kin, for orphans, for the needy, for
the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast
in prayer, and practice regular charity; to fulfill the contracts which ye have
made; and to be firm and patient, in pain (or suffering) and adversity, and
throughout all periods of panic. Such are the people of truth, the God-fearing.
Surah 49: Al-Hujurat: 13 tells us: "The most
honoured of you in the sight of Allah is (he who is) the most righteous of
you." While Surah 4: An-Nisa': 95 distinguishes clearly between passive
believers and those who strive in the cause of God:
Such of the believers as remain
passive -- other than the disabled -- cannot be deemed equal to those who
strive hard in God's cause with their possessions and their lives God has
exalted those who strive hard with their possessions and their lives far above
those who remain passive. Although God has promised the ultimate good unto all
(believers), yet has God exalted those who strive hard above those who remain
passive by (promising them) a mighty reward -- (many) degrees thereof -- and
forgiveness of sins, and His grace; for God is indeed much-forgiving, a
dispenser of grace.
Just as it is in the spirit of "`adl"
that special merit be considered in the matter of rewards, so also special
circumstances are to be considered in the matter of punishments. For instance,
for crimes of unchastity the Qur'an prescribes identical punishments for a man
or a woman who is proved guilty (Surah 24: An-Nur: 2), but it differentiates
between different classes of women: for the same crime, a slave woman would
receive half, and the Prophet's consort double, the punishment given to a
"free" Muslim woman (Surah 4: An-Nisa':25; Surah 33: Al-Ahzab: 30). In
making such a distinction, the Qur'an while upholding high moral standards,
particularly in the case of the Prophet's wives whose actions have a normative
significance for the community, reflects God's compassion for women slaves who
were socially disadvantaged.
While constantly enjoining "`adl,"
the Qur'an goes beyond this concept to "ihsan," which
literally means, "restoring the balance by making up a loss or
deficiency." In order to understand this concept, it is necessary to
understand the nature of the ideal society or community ("ummah")
envisaged by the Qur'an. The word "ummah" comes from the root
"umm" or "mother." The symbols of a mother and motherly
love and compassion are also linked with the two attributes most characteristic
of God, namely, "Rahim" and "Rahman," both of
which are derived from the root "rahm," meaning "womb." The
ideal "ummah" cares about all its members just as an ideal
mother cares about all her children, knowing that all are not equal and that
each has different needs. While showing undue favor to any child would be
unjust, a mother who gives to a "handicapped" child more than she
does to her other child or children, is not acting unjustly but exemplifying
the spirit of "ihsan" by helping to make up the deficiency of
a child who is unable to meet the requirements of life. Thus "ihsan"
shows God's sympathy for the "disadvantaged" segments of human
society (such as women, orphans, slaves, the poor, the infirm, and the
minorities).
RIGHT TO FREEDOM. The Qur'an is deeply concerned about
liberating human beings from every kind of bondage. Recognizing the human
tendency toward dictatorship and despotism, the Qur'an says with clarity and
emphasis in Surah 3: Al-`Imran: 79:
It is not (possible) that a man, to
whom is given the Book, and Wisdom, and the Prophetic Office, should say to
people: "Be ye my worshippers rather than Allah's." On the contrary
(He would say): "Be ye worshippers of Him Who is truly the Cherisher of
all."
The institution of human slavery is, of course,
extremely important in the context of human freedom. Slavery was widely
prevalent in Arabia at the time of the advent of Islam, and the Arab economy
was based on it. Not only did the Qur'an insist that slaves be treated in a
just and humane way (Surah 4: An Nisa': 36), but it continually urged
the freeing of slaves. By laying down, in Surah 47: Muhammad: 4, that prisoners
of war were to be set free, "either by an act of grace or against
ransom," the Qur'an virtually abolished slavery since most slaves were
prisoners of war. Because the Qur'an does not state explicitly that slavery is
abolished, it does not follow that it is to be continued, particularly in view
of the numerous ways in which the Qur'an seeks to eliminate this absolute evil.
A Book which does not give a king or a prophet the right to command absolute
obedience from another human being could not possibly sanction slavery in any
sense of the word.
The greatest guarantee of personal freedom for a
Muslim lies in the Qur'anic decree that no one other than God can limit human
freedom (Surah 42: Ash-Shura: 21), and in the statement that "Judgment (as
to what is right and what is wrong) rests with God alone" (Surah 12:
Yusuf: 40). Since the principle of mutual consultation ("shura")
is mandatory (Surah 42: Ash-Shura: 38), it is a Muslim's fundamental
right, as well as responsibility, to participate in as many aspects of the
community's life as possible.
The Qur'anic proclamation in Surah 2: Al-Baqarah: 256:
"There shall be no coercion in matters of faith" guarantees freedom
of religion and worship. This means that, according to Qur'anic teaching,
non-Muslims, living in Muslim territories, should have the freedom to follow
their own faith-traditions without fear or harassment. A number of Qur'anic
passages state clearly that the responsibility of the Prophet Muhammad is to
communicate the message of God and not to compel anyone to believe. The right
to exercise free choice in matters of belief is unambiguously endorsed by the
Qur'an in Surah 18: Al-Kahf: 29, which states: "The Truth is from your
Lord: Let him who will believe, and let him who will, reject (it)."
The Qur'an also makes clear that God will judge human
beings not on the basis of what they profess but on the basis of their belief
and righteous conduct, as indicated by Surah 2: Al-Baqarah: 62 which states:
"Those who believe (in the Qur'an) and those who follow the Jewish
(scriptures), and the Christians and the Sabians, any who believe in God and
the Last Day, and work righteousness, shall have their reward saith the Lord;
on them shall be no fear, nor shall they grieve."
The Qur'an recognizes the right to religious freedom
not only in the case of other believers in God, but also in the case of
non-believers in God (if they are not aggressive toward Muslims). For instance,
Surah 6: Al-An'am: 108 states:
Revile not ye those whom they call
upon besides God, lest they out of spite revile God in their ignorance. Thus
have We made alluring to each people its own doings. In the end will they
return to their Lord, and We shall then tell them the truth of all that they
did.
In the context of the human right to exercise
religious freedom, it is important to mention that the Qur'anic dictum,
"Let there be no compulsion in religion" (Surah 2:Al-Baqarah: 256)
applies not only to non-Muslims but also to Muslims. While those who renounced
Islam after professing it and then engaged in "acts of war" against
Muslims were to be treated as enemies and aggressors, the Qur'an does not
prescribe any punishment for non-profession or renunciation of faith. The
decision regarding a person's ultimate destiny in the hereafter rests with God.
This right to freedom includes the right to be free to
tell the truth. The Qur'anic term for truth is "Haqq" which is
also one of God's most important attributes. Standing up for the truth is a
right and a responsibility which a Muslim may not disclaim even in the face of
the greatest danger or difficulty (Surah 4: An-Nisa': 135). While the Qur'an
commands believers to testify to the truth, it also instructs society not to
harm persons so testifying (Sura 2: Al-Baqarah: 282).
RIGHT TO PRIVACY. The Qur'an recognizes the need for
privacy as a human right and lays down rules for protecting an individual's
life in the home from undue intrusion from within or without.
RIGHT TO PROTECTION FROM SLANDER, BACKBITING, AND
RIDICULE. The Qur'an recognizes the right of human beings to be protected from
defamation, sarcasm, offensive nicknames, and backbiting (Surah 49: Al-Hujurat:
11-12). It also states that no person is to be maligned on grounds of assumed
guilt and that those who engage in malicious scandal-mongering will be
grievously punished in both this world and the next (Surah 24: An-Nur: 16-19).
Urging throughout that human beings should treat others with sensitivity and
compassion, the Qur'an points out in Surah 4: An-Nisa': 148-149:
God loves not that evil should be
noised abroad in public speech, except where injustice hath been done; for God
is He who heareth and knoweth all things. Whether ye publish a good deed or
conceal it or cover evil with pardon, verily God doth blot out (sins) and hath
power (in the judgment of values).
RIGHT TO ACQUIRE KNOWLEDGE. The Qur'an puts the
highest emphasis on the importance of acquiring knowledge. That knowledge has
been at the core of the Islamic world view from the very beginning is attested
to by Surah 96: Al-`Alaq: 1-5, which Muslims believe to the first revelation
received by the Prophet Muhammad. This passage reads:
Proclaim! (or Read) in the name of
thy Lord and Cherisher, who created, created man, out of a (mere) clot of
congealed blood. Proclaim! And the Lord is Most Bountiful He who taught (the
use of) the pen taught man that which he knew not.
Asking rhetorically if those without knowledge can be
equal to those with knowledge (Surah 39: Az-Zumar: 9), the Qur'an exhorts
believers to pray for advancement in knowledge (Surah 20: Ta-Ha: 114). The
famous prayer of the Prophet Muhammad was "Allah grant me knowledge of the
ultimate nature of things" and one of the best known of all traditions
("ahadith") is "Seek knowledge even though it be in
China."
According to the Qur'anic perspective, knowledge is a
prerequisite for the creation of a just world in which authentic peace can
prevail. The Qur'an emphasizes the importance of the pursuit of learning even
at the time, and in the midst, of war, as indicated by Surah 9: At-Tawbah: 122,
which states:
With all this, it is not desirable
that all of the believers take the field (in time of war). From within every
group in their midst some shall refrain from going to war, and shall devote
themselves (instead) to acquiring a deeper knowledge of the Faith, and (thus be
able to) teach their home-coming brethren, so that these (too) might guard
themselves against evil.
RIGHT TO LEAVE ONE'S HOMELAND UNDER OPPRESSIVE
CONDITIONS. According to Qur'anic teaching, a Muslim's ultimate loyalty must be
to God and not to any territory. To fulfill his Prophetic mission, the Prophet
Muhammad decided to leave his place of birth, Mecca, and emigrated to Medina.
This event ("Hijrah") has great historical and spiritual
significance for Muslims who are called upon to move away from their place of
origin if it becomes an abode of evil and oppression where they cannot fulfill
their obligations to God or establish justice. In a powerful passage in Surah
4: An-Nisa': 97-100, the Qur'an states:
When angels take the souls of those
who die in sin against their souls, they say: "In what (plight) were
ye?" They reply: "Weak and oppressed were we in the earth." They
say: "Was not the earth of Allah spacious enough for you to move
yourselves away (from evil)?" Such men will find their abode in Hell --
What an evil refuge! -- except those who are (really) weak and oppressed --
men, women, and children who have no means in their power, nor (a guide post)
to direct their way. For these, there is hope that Allah will forgive for Allah
doth blot out (sins) and forgive again and again. He who forsakes his home in
the cause of Allah, finds in the earth many a refuge, wide and spacious: Should
he die as a refugee from home from Allah and His Messenger, his reward becomes
due and sure with Allah: And Allah is Oft-Forgiving, Most Merciful.
RIGHT TO DEVELOP ONE'S AESTHETIC SENSIBILITIES AND
ENJOY THE BOUNTIES CREATED BY GOD. As pointed out by Muhammad Asad, "By
declaring that all good and beautiful things of life, i.e., those which are not
expressly prohibited -- are lawful to the believers, the Qur'an condemns, by
implication, all forms of life-denying asceticism, world-renunciation and
self-mortification." There is a great difference between the spirit of
classical Greece with its contempt for sense-perception and the Qur'an which
regards physical phenomena as "Signs of God." Some of the most
memorable passages in the Qur'an point to the insight and wisdom which can be
gained by reflecting on the myriad manifestations of God's creative activity
all around us. The Qur'an tells Muslims that monasticism was not prescribed by
God (Surah 57: A1-Hadid: 27). Though they are to remember that the hereafter is
more important than the life on earth, Muslims are told to reject the negative
view that it is wrong to enjoy the beauty and bounty of God's creation.
In Surah 7: Al-A`raf: 32, the Qur'an states:
Say: "Who is there to forbid the
beauty which God has brought forth for His creatures, and the good things from
among the means of sustenance?"
Say: "they are (lawful) in the
life of this world unto all who have attained to faith -- to be theirs alone on
Resurrection Day."
The right to develop one's aesthetic sensibilities so
that one can appreciate beauty in all its forms, and the right to enjoy what
God has provided for the nurture of humankind, are, thus, rooted in the
life-affirming vision of the Qur'an.
RIGHT TO SUSTENANCE. As pointed out by Surah 11: Hud:
6, every living creature depends for its sustenance upon God. A cardinal
concept in the Qur'an which underlies the socio-economic-political system of
Islam is that the ownership of everything belongs not to any person, but to God.
Since God is the universal creator, every creature has the right to partake of
what belongs to God (Surah 6: Al-An am: 165; Surah 67: Al-Mulk: 15). This means
that every human being has the right to a means of living and that those who
hold economic or political power do not have the right to deprive others of the
basic necessities of life by misappropriating or misusing resources which have
been created by God for the benefit of humanity in general.
RIGHT TO WORK. According to Qur'anic teaching, every
man and woman has the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labor belong to the one who has
worked for them -- regardless of whether it is a man or a woman. As Surah 4:
An-Nisa': 32 states: "to men is allotted what they earn, and to women what
they earn."
RIGHT TO "THE GOOD LIFE." The Qur'an upholds
the right of the human being not only to life but to "the good life."
This good life, made up of many elements, becomes possible when a human being
is living in a just environment. According to Qur'anic teaching, justice is a
prerequisite for peace, and peace is a prerequisite for human development. In a
just society, all the earlier-mentioned human rights may be exercised without
difficulty. In such a society, other basic rights such as the right to a secure
place of residence, the right to the protection of one's personal possessions,
the right to protection of one's covenants, and the right to move freely, also
exist (see Surah 2: Al-Baqarah: 229; Surah: Al-`Imran: 17,77; Surah 5:
Al-Ma'idah: 1; Surah 17: Al-Isra': 34; Surah 67: Al-Mulk: 15).
OTHER RIGHTS. Since Qur'anic teaching embraces every
aspect of human life, it contains references to more human rights than can be
mentioned in this short summary. Reference has been made in the foregoing
account to the human rights which figure most importantly in the Qur'an and which
continue to be of on-going interest and importance in contemporary Muslim
societies. In addition to the rights mentioned in the foregoing, reference may
also be made to the following: (1) the right to social and judicial autonomy
for minorities; (2) the right to protection of one's holy places; and (3) the
right to return to one's spiritual center. According to Surah 3: Al-`Imran: 96,
Surah 5: Al-Ma'idah: 97, and Surah 22: Al-Hajj: 25, the "Ka'ba" in
Mecca is the spiritual center of all humankind. It was here that the Prophet
Ibrahim proclaimed the pilgrimage to all humankind, as pointed out by Surah 2:
Al-Baqarah: 125, Surah 3: Al-`Imran: 96, and Surah 22: Al-Hajj: 26.
There are indications from across the world of Islam
that an increasing number of Muslims are beginning to reflect seriously upon
these teachings of the Qur'an as they become disenchanted with capitalism,
communism, and Western democracy. As this reflection deepens, it is likely to
lead to the realization that the supreme task entrusted to human beings by God,
of being God's deputies on earth, can only be accomplished by establishing
justice which the Qur'an regards as a prerequisite for authentic peace. Without
the elimination of the inequities, inequalities, and injustices that pervade the
personal and collective lives of human beings, it is not possible to talk about
peace in Qur'anic terms. It is important to note that there is more Qur'anic
legislation pertaining to the establishment of justice in the context of family
relationships than on any other subject. This points to the assumption implicit
in much Qur'anic legislation, namely, that if human beings can learn to order
their homes justly so that the human rights of all within its
jurisdiction¾children, women, and men¾are safeguarded, then they can also order
their society and the world at large, justly. In other words, the Qur'an
regards the home as a microcosm of the "ummah" and the world
community, and emphasizes the importance of making it "the abode of
peace" through just living.
And,
The Universal Declaration of Human Rights and the
Quran
The following is the Universal
Declaration of Human Rights that was adopted on December 10, 1948 by the
General Assembly of the United Nations. The attempt of this analysis is to show
how all of the fundamental human rights guaranteed in this declaration were
already established guarantees in the Holy Quran.
Universal Declaration of Human
Rights
Whereas recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for
human rights have resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings shall enjoy freedom
of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,
Whereas it is essential, if man is
not to be compelled to have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be protected by the rule of
law,
Whereas it is essential to promote
the development of friendly relations between nations,
Whereas the peoples of the United
Nations have in the Charter reaffirmed their faith in fundamental human rights,
in the dignity and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better standards of
life in larger freedom,
Whereas Member States have pledged
themselves to achieve, in cooperation with the United Nations, the promotion of
universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of
these rights and freedoms is of the greatest importance for the full
realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration
of Human Rights as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.
Article 1
All human beings are born free and
equal in dignity and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
The Quran also reiterates our common
humanity and equality:
[3:95] 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.…
[4:25] … GOD knows best about your
belief, and you are equal to one another, as far as belief is concerned…
[17:70] We have honored the children
of Adam, and provided them with rides on land and in the sea. We provided for
them good provisions, and we gave them greater advantages than many of our
creatures.
Article 2
Everyone is entitled to all the
rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of
the country or territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of sovereignty.
The Quran repeatedly explains
that it is the human factor which divides us from uniting under our common
Creator and Sustainer. It is the human factor which splits us into sects and
divides us along superficial lines, pitting us against one another. We are all
members of the same community in the eyes of God, and the only quality that
distinguishes one above the other is our level of righteousness. Hence, the
Quranic injunction not to differentiate between God’s messengers and to
commemorate God Alone:
[2:62] Surely, those who believe,
those who are Jewish, the Christians, and the converts; anyone who believes in
GOD, and believes in the Last Day, and leads a righteous life, will receive
their recompense from their Lord. They have nothing to fear, nor will they
grieve.
[2:136] Say, "We believe in
GOD, and in what was sent down to us, and in what was sent down to Abraham,
Ismail, Isaac, Jacob, and the Patriarchs; and in what was given to Moses and
Jesus, and all the prophets from their Lord. We make no distinction among any
of them. To Him alone we are submitters."
[49:13] 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.
Article 3
Everyone has the right to life,
liberty and security of person.
[17:33] You shall not kill any
person - for GOD has made life sacred - except in the course of justice. If one
is killed unjustly, then we give his heir authority to enforce justice. Thus,
he shall not exceed the limits in avenging the murder, he will be helped.
[2:191] You may kill those who wage
war against you, and you may evict them whence they evicted you. Oppression is
worse than murder…
[7:157] …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."
The Quran goes as far as urging us
to take whatever measures necessary to ensure that the fundamental Human Rights
of others are met:
[4:75] Why should you not fight in
the cause of GOD when weak men, women, and children are imploring: "Our
Lord, deliver us from this community whose people are oppressive, and be You
our Lord and Master."
Article 4
No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their forms.
When the Quran was revealed, slavery
was in wide practice throughout the Arab World. Thus, it would have been
impractical and suicidal to place an immediate ban on the slave trade. The
Quran uses a better psychological approach to win people’s hearts in the
struggle against slavery and all forms of discrimination by placing a strong
emphasis on human dignity and equality and encouraging the freeing of
slaves, for if we are all equal then slavery cannot be justified:
[90:10-14] Did we not show him the
two paths? He should choose the difficult path. Which one is the difficult
path? The freeing of slaves. Feeding, during the time of hardship . . .
[2:177] Righteousness is not turning
your faces towards the east or the west. Righteous are those who believe in
GOD, the Last Day, the angels, the scripture, and the prophets; and they give
the money, cheerfully, to the relatives, the orphans, the needy, the traveling
alien, the beggars, and to free the slaves;…
[9:60] Charities shall go to the
poor, the needy, the workers who collect them, the new converts, to free the
slaves, to those burdened by sudden expenses, in the cause of GOD, and to the
traveling alien. Such is GOD's commandment. GOD is Omniscient, Most Wise.
Article 5
No one shall be subjected to torture
or to cruel, inhuman or degrading treatment or punishment.
In the Quran, we are constantly
reminded to take heed from the lessons of history and are sensitized to the
gross evils of tyranny. The lack of mercy is also condemned:
[28:4] 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.
[2:191] You may kill those who wage
war against you, and you may evict them whence they evicted you. Oppression is
worse than murder…
[26:130] "And when you strike,
you strike mercilessly.
Article 6
Everyone has the right to
recognition everywhere as a person before the law.
A philosophy in which we are all
equal before our common Creator and Provider reassures us of deferential and
equal treatment before the law, irrespective of where we may be:
[2:143] We thus made you an
impartial community (a nation of the middle course), that you may serve as
witnesses among the people, and the messenger serves as a witness among you…
[35:10] Anyone seeking dignity
should know that to GOD belongs all dignity. To Him ascends the good words, and
He exalts the righteous works. As for those who scheme evil works, they incur
severe retribution; the scheming of such people is destined to fail.
Article 7
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.
[4:25] …GOD knows best about your
belief, and you are equal to one another, as far as belief is concerned…
[4:135] O you who believe, you shall
be absolutely equitable, and observe GOD, when you serve as witnesses, even
against yourselves, or your parents, or your relatives. Whether the accused is
rich or poor, GOD takes care of both. Therefore, do not be biased by your
personal wishes. If you deviate or disregard (this commandment), then GOD is
fully Cognizant of everything you do.
The following Quranic narration
highlights how important it is to give everyone the same respect and attention
irrespective of one’s socioeconomic background:
[80:1-11] He (Muhammad) frowned and
turned away when the blind man came to him (seeking guidance). How do you know?
He may purify himself. Or he may take heed, and benefit from the message. As
for the rich man, you gave him your attention. Even though you could not
guarantee his salvation. The one who came to you eagerly and is really
reverent, you ignored him. Indeed, this is a reminder.
Article 8
Everyone has the right to an
effective remedy by the competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by law.
The Quran encourages mercy and
forgiveness whenever possible but decrees equivalent punishment as a
fundamental right guaranteed to the victim:
[2:178] O you who believe,
equivalence is the law decreed for you when dealing with murder - the free for
the free, the slave for the slave, the female for the female. If one is
pardoned by the victim's kin, an appreciative response is in order, and an
equitable compensation shall be paid. This is an alleviation from your Lord and
mercy. Anyone who transgresses beyond this incurs a painful retribution.
[16:126] And if you punish, you
shall inflict an equivalent punishment. But if you resort to patience (instead
of revenge), it would be better for the patient ones.
Article 9
No one shall be subjected to
arbitrary arrest, detention or exile.
We are constantly warned not to be
overly suspicious of others without incriminating evidence. Such attitudes only
bring about unjustified hostility and harm towards the accused:
[49:12] O you who believe, you shall
avoid being overly suspicious, for some suspicion may be sinful. You shall not
spy on one another, nor shall you backbite one another; this is as abominable
as eating the flesh of your dead brother. You certainly abhor this. You shall
observe GOD. GOD is Redeemer, Most Merciful.
Article 10
Everyone is entitled in full
equality to a fair and public hearing by an independent and impartial tribunal,
in the determination of his rights and obligations and of any criminal charge
against him.
Certainly, the Quran highlights the
need for impartiality on all matters within the community:
[2:143] We thus made you an
impartial community (the nation of the middle course), that you may serve as
witnesses among the people, and the messenger serves as a witness among you….
[49:11] O you who believe, no people
shall ridicule other people, for they may be better than they. Nor shall any
women ridicule other women, for they may be better than they. Nor shall you
mock one another, or make fun of your names. Evil indeed is the reversion to
wickedness after attaining faith. Anyone who does not repent after this, these
are the transgressors.
Article 11
- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
- No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
See relevant verses above.
Article 12
No one shall be subjected to
arbitrary interference with his privacy, family, home or correspondence, nor to
attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
The Quran also highlights the need
to ensure our privacy as individuals. For example, we see the Quranic
injunction not to marry women who were previously married to our fathers. This
rule ensures that we do not interfere with the private experiences and intimate
thoughts that our fathers shared with their wives:
[33:53] O you who believe, do not
enter the prophet's homes unless you are given permission to eat, nor shall you
force such an invitation in any manner. If you are invited, you may enter. When
you finish eating, you shall leave; do not engage him in lengthy conversations.
This used to hurt the prophet, and he was too shy to tell you. But GOD does not
shy away from the truth. If you have to ask his wives for something, ask them
from behind a barrier. This is purer for your hearts and their hearts. You are
not to hurt the messenger of GOD. You shall not marry his wives after him, for
this would be a gross offense in the sight of GOD.
[24:58] O you who believe,
permission must be requested by your servants and the children who have not
attained puberty (before entering your rooms). This is to be done in three
instances - before the Dawn Prayer, at noon when you change your clothes to
rest, and after the Night Prayer. These are three private times for you. At
other times, it is not wrong for you or them to mingle with one another. GOD
thus clarifies the revelations for you. GOD is Omniscient, Most Wise.
Privacy of the individual is
emphasized:
[24:2729] O you who believe, do not
enter homes other than yours without permission from their inhabitants, and
without greeting them. This is better for you, that you may take heed. If
you find no one in them, do not enter them until you obtain permission. If you
are told, "Go back," you must go back. This is purer for you. GOD is
fully aware of everything you do. You commit no error by entering
uninhabited homes wherein there is something that belongs to you. GOD knows
everything you reveal, and everything you conceal.
The reputation of the individual
must be protected from all forms of unjustified attack or slander:
[104:1] Woe to every backbiter,
slanderer.
Article 13
- Everyone has the right to freedom of movement and residence within the borders of each State.
- Everyone has the right to leave any country, including his own, and to return to his country.
The Quran guarantees the right of
the oppressed to emigrate in the cause of God (the course of justice) and to
rebel against all forms of oppression:
[4:100] Anyone who emigrates in the
cause of God will find on earth great bounties and richness.
[4:97] Those whose lives are
terminated by the angels, while in a state of wronging their souls, the angels
will ask them, "What was the matter with you?" They will say,
"We were oppressed on earth." They will say, "Was GOD's earth
not spacious enough for you to emigrate therein?"….
Article 14
- Everyone has the right to seek and to enjoy in other countries asylum from persecution.
- This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
See above.
Article 15
- Everyone has the right to a nationality.
- No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
A respect for all cultures as
members of the one universal humanity is recognized through the Quran:
[5:48] …Had GOD willed, He could
have made you one congregation. But He thus puts you to the test through the
revelations He has given each of you. You shall compete in righteousness. To
GOD is your final destiny - all of you - then He will inform you of everything
you had disputed.
[49:13] 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.
Article 16
- Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
- Marriage shall be entered into only with the free and full consent of the intending spouses.
- The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
The sanctity of the family is
clearly recognized, with a strong emphasis on the need to reconcile
relationships equitably. The Quran also guaranteed women with divorce rights at
a time when their subordination was the traditional norm:
[25:54] He is the One who created
from water a human being, then made him reproduce through marriage and mating.
Your Lord is Omnipotent.
[30:21] Among His proofs is that He
created for you spouses from among yourselves, in order to have tranquility and
contentment with each other, and He placed in your hearts love and care towards
your spouses. In this, there are sufficient proofs for people who think.
[2:102]…These two did not divulge
such knowledge without pointing out: "This is a test. You shall not abuse
such knowledge." But the people used it in such evil schemes as the
breaking up of marriages….
[4:129] You can never be equitable
in dealing with more than one wife, no matter how hard you try. Therefore, do
not be so biased as to leave one of them hanging (neither enjoying marriage,
nor left to marry someone else). If you correct this situation and maintain
righteousness, GOD is Forgiver, Most Merciful.
[2:241] The divorcees also shall be
provided for, equitably. This is a duty upon the righteous.
[4:35] If a couple fears separation,
you shall appoint an arbitrator from his family and an arbitrator from her
family; if they decide to reconcile, GOD will help them get together. GOD is
Omniscient, Cognizant.
Article 17
- Everyone has the right to own property alone as well as in association with others.
- No one shall be arbitrarily deprived of his property.
Our right to property is clearly
spelled out:
[2:05] As soon as he leaves, he
roams the earth corruptingly, destroying properties and lives. GOD does not
love corruption.
[65:1] O you prophet, when you
people divorce the women, you shall ensure that a divorce interim is fulfilled.
You shall measure such an interim precisely. You shall reverence GOD your Lord.
Do not evict them from their homes, nor shall you make life miserable for them,
to force them to leave on their own, unless they commit a proven adultery.
These are GOD's laws. Anyone who transgresses GOD's laws commits an injustice
against himself. You never know; maybe GOD wills something good to come out of
this.
[4:2] You shall hand over to the
orphans their rightful properties. Do not substitute the bad for the good, and
do not consume their properties by combining them with yours. This would be a
gross injustice.
[4:6] You shall test the orphans
when they reach puberty. As soon as you find them mature enough, give them
their property. Do not consume it extravagantly in a hurry, before they grow
up…
[4:29] O you who believe, do not
consume each others' properties illicitly - only mutually acceptable
transactions are permitted. You shall not kill yourselves. GOD is Merciful
towards you.
[38:24] He said, "He is being
unfair to you by asking to combine your sheep with his. Most people who combine
their properties treat each other unfairly, except those who believe and work
righteousness, and these are so few." Afterwards, David wondered if he
made the right judgment. He thought that we were testing him. He then implored
his Lord for forgiveness, bowed down, and repented.
[59:8] (You shall give) to the needy
who immigrated. They were evicted from their homes and deprived of their
properties, because they sought GOD's grace and pleasure, and because they
supported GOD and His messenger. They are the truthful.
Article 18
Everyone has the right to freedom of
thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community with others and
in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Unlike most traditional Islamic
societies, the Quran guarantees each individual complete freedom of religion:
[2:256] There shall be no compulsion
in religion: the right way is now distinct from the wrong way. Anyone who
denounces the devil and believes in GOD has grasped the strongest bond; one that
never breaks. GOD is Hearer, Omniscient.
Article 19
Everyone has the right to freedom of
opinion and expression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Here we see how each individual must
be ensured of the right to his own beliefs and way of life:
[18:29] Proclaim: "This is the
truth from your Lord," then whoever wills let him believe, and whoever
wills let him disbelieve.....
Article 20
- Everyone has the right to freedom of peaceful assembly and association.
- No one may be compelled to belong to an association.
Compelling others to accept your own
beliefs and values is a completely alien concept to the Quran. We are each free
to choose our own associations and paths in life. In-fact the Quran even
recognizes that there is more than one path to God:
[2:62] Surely, those who believe,
those who are Jewish, the Christians, and the converts; anyone who believes in
GOD, and believes in the Last Day, and leads a righteous life, will receive
their recompense from their Lord. They have nothing to fear, nor will they
grieve.
[2:148] Each of you chooses the
direction to follow; you shall race towards righteousness. Wherever you may be,
GOD will summon you all. GOD is Omnipotent.
Thus, what we believe is our own
individual choice and nobody has the right to interfere with our own personal
decisions so long as they do not infringe on the rights of others.
Article 21
- Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
- Everyone has the right to equal access to public service in his country.
- The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Consensus and public accountability
to the public in all policymaking is the Quranic standard:
[42:38] They respond to their Lord
by observing the Prayers (salat). Their affairs are decided after due
consultation among themselves, and from our provisions to them they give (to
charity).
[39:18] They are the ones who
examine all words, then follow the best. These are the ones whom GOD has
guided; these are the ones who possess intelligence.
Article 22
Everyone, as a member of society,
has the right to social security and is entitled to realization, through
national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural
rights indispensable for his dignity and the free development of his
personality.
In the Quran, we clearly see the
emphasis on a need for consensus, co-operation and on a compassionate approach
to ensure the satisfaction of everyone:
[3:159] It was mercy from GOD that
you became compassionate towards them. Had you been harsh and mean-hearted,
they would have abandoned you. Therefore, you shall pardon them and ask
forgiveness for them, and consult them….
Article 23
- Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
- Everyone, without any discrimination, has the right to equal pay for equal work.
- Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
- Everyone has the right to form and to join trade unions for the protection of his interests.
The Quran encourages commerce and
commands us to be fair and equitable in all transactions:
[30:46] Among His proofs is that He
sends the winds with good omen, to shower you with His mercy, and to allow the
ships to run in the sea in accordance with His rules, and for you to seek His
bounties (through commerce), that you may be appreciative.
[17:66] Your Lord is the One who
causes the ships to float on the ocean, that you may seek His bounties. He is
Most Merciful towards you.
[6:152] …You shall give full
weight and full measure when you trade, equitably…
[11:85] "O my people, you shall
give full measure and full weight, equitably. Do not cheat the people out of
their rights, and do not roam the earth corruptingly.
Article 24
Everyone has the right to rest and
leisure, including reasonable limitation of working hours and periodic holidays
with pay.
The Quran gives us general
statements on how rest is part of human nature. None should be denied a good
night’s sleep as night and day are designated with their own specific functions
in meeting our needs. Denial of our right to a reasonable amount of leisure
time would be detrimental to our health and contrary to what the Quran
prescribes for us:
[28:73] It is mercy from Him that He
created for you the night and the day in order to rest (during the night), then
seek His provisions (during the day), that you may be appreciative.
[33:53] …do not engage him in
lengthy conversations. This used to hurt the prophet, and he was too shy to
tell you. But GOD does not shy away from the truth…
Article 25
- Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
The Quran guarantees social justice
for everyone through the goals of fasting, zakat and prayer. Fasting is meant
to instill within us a greater sense of empathy and social awareness towards
the less fortunate. By voluntarily depriving ourselves of our need for food we
are not only exerting self- restraint, but we are also more importantly
inculcating within ourselves a greater sense of gratitude towards our Provider
and generosity towards the poor. Zakat prescribes that we must set aside 2.5%
of what we receive from our paychecks as a charity to those in need. These are
religious duties upon every Muslim. Voluntary charity and caring for the
orphans is also strongly encouraged.
[107:1-7] Do you know who
really rejects the faith? That is the one who mistreats the orphans. And does
not advocate the feeding of the poor. And woe to those who observe the Prayers
(salat) - who are totally heedless of their prayers. They only show off. And
they forbid charity.
[36:47] When they are told,
"Give from GOD's provisions to you," those who disbelieve say to
those who believe, "Why should we give to those whom GOD could feed, if He
so willed? You are really far astray."
[2:215] They ask you about giving:
say, "The charity you give shall go to the parents, the relatives, the
orphans, the poor, and the traveling alien." Any good you do, GOD is fully
aware thereof.
[70:24-25] Part of their money is
set aside. For the poor and the needy.
Article 26
- Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
- Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
- Parents have a prior right to choose the kind of education that shall be given to their children.
The Quran generally encourages
seeking God’s bounties and learning, emphasizing the use of our faculties
to verify information. God is against anything that hinders the gaining
of knowledge and encourages us to think freely rather than beeing blinded by
our own traditions and values. We are also asked to open our eyes and reflect
on God’s creation:
[86:5] Let the human reflect on his
creation.
[54:17] We made the Quran easy to
learn. Does any of you wish to learn?
[17:36] You shall not accept any
information, unless you verify it for yourself. I have given you the hearing,
the eyesight, and the brain, and you are responsible for using them.
[39:18] They are the ones who
examine all words, then follow the best. These are the ones whom GOD has
guided; these are the ones who possess intelligence.
Article 27
- Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
- Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
It is a human tendency found in all
cultures and religions to impose limitations upon ourselves that prevent us
from enjoying God’s blessings. Such is the case in much of the Muslim World, as
cultures impose upon themselves, especially upon women, limitations and
restrictions that stunt their social, economical, and psychological
development. All unreasonable limitations on our freedoms as individuals are
condemned in the Quran:
[7:32] Say, "Who prohibited the
nice things GOD has created for His creatures, and the good provisions?"
Say, "Such provisions are to be enjoyed in this life by those who believe.
Moreover, the good provisions will be exclusively theirs on the Day of
Resurrection." We thus explain the revelations for people who know.
[22:78] You shall strive for the
cause of GOD as you should strive for His cause. He has chosen you and has placed
no hardship on you in practicing your religion - the religion of your father
Abraham…
[2:185] …GOD wishes for you
convenience, not hardship, that you may fulfill your obligations, and to
glorify GOD for guiding you, and to express your appreciation.
Article 28
Everyone is entitled to a social and
international order in which the rights and freedoms set forth in this
Declaration can be fully realized.
Similarly, all human beings are to
be guaranteed all their rights in the Quran by virtue of being human.
Article 29
- Everyone has duties to the community in which alone the free and full development of his personality is possible.
- In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
- These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
The Quran strictly ensures us our
rights so long as we do not infringe on the freedoms of others. It also
reiterates that nothing shall abrogate God’s words:
[18:27] You shall recite what is
revealed to you of your Lord's scripture. Nothing shall abrogate His words, and
you shall not find any other source beside it.
[5:8] O you who believe, you shall
be absolutely equitable, and observe GOD, when you serve as witnesses. Do not
be provoked by your conflicts with some people into committing injustice. You
shall be absolutely equitable, for it is more righteous. You shall observe GOD.
GOD is fully Cognizant of everything you do.
[4:171] O people of the scripture,
do not transgress the limits of your religion, and do not say about GOD except
the truth….
Article 30
Nothing in this Declaration may be
interpreted as implying for any State, group or person any right to engage in
any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.
Remarkably, the Quran takes note of
the human tendency to use religion as an ideological tool in the oppression of
others to meet corrupt and political agendas. It thus strongly condemns such
behaviour:
[3:7] He sent down to you this
scripture, containing straightforward verses - which constitute the essence of
the scripture - as well as multiple-meaning or allegorical verses. Those who
harbor doubts in their hearts will pursue the multiple-meaning verses to create
confusion, and to extricate a certain meaning. None knows the true meaning
thereof except GOD and those well founded in knowledge. They say, "We
believe in this - all of it comes from our Lord." Only those who possess
intelligence will take heed.
[2:79] Therefore, woe to those who
distort the scripture with their own hands, then say, "This is what GOD
has revealed," seeking a cheap material gain. Woe to them for such
distortion, and woe to them for their illicit gains.
[3:78] Among them are those who
twist their tongues to imitate the scripture, that you may think it is from the
scripture, when it is not from the scripture, and they claim that it is from
GOD, when it is not from GOD. Thus, they utter lies and attribute them to GOD,
knowingly.
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