HUMAN RIGHTS in Islam. Taken, adapted and made a gist from ‘Allamah Abu al-’A'la Mawdudi’ al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407.
Table of Contents
Chapter 1: HUMAN RIGHTS, THE WEST AND ISLAM
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The Western Approach |
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The Islamic Approach |
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The Slave Trade of Western Nations |
6. The Right to Justice
7. Equality of Human Beings
8. The Right to Co-operate and Not to Co-operate
Chapter 3:RIGHTS OF CITIZENS IN AN ISLAMIC STATE
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Chapter 4:RIGHTS OF ENEMIES AT WAR
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Law of War and Peace in Islam |
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The Rights of the Non-Combatants |
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The Rights of the Combatants
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Chapter One HUMAN RIGHTS, THE WEST AND ISLAMThe world got the concept of basic human rights from the Magna Carta of Britain, six hundred years after the advent of Islam. But until the seventeenth century no one even knew that the Magna Carta contained the principles of Trial by Jury; Habeas Corpus, and the Control of Parliament on the Right of Taxation. In the middle of the present century, the United Nations, made a Universal Declaration of Human Rights. Despite this, human rights have been violated and trampled upon at different places. Even the heinous crime of genocide is being perpetrated. The human rights in Islam have been granted by God; not by any king, the dictators or by any legislative assembly. The rights granted by the kings, the dictators or the legislative assemblies, can be openly violated according to the authorities’ wishes. “Those who do not judge by what God has sent down are the disbelievers.” (Kafirun). 5:44 “They are the wrong-doers (zalimun)” (5:45), In other words this means that if the authorities regard their own words and decisions to be right and those given by God as wrong they are disbelievers. If on the other hand they regard God’s commands as right but wittingly reject them and enforce their own decisions against God’s, then they are the wrong-doers. zalim is he who works against the truth.
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CHAPTER TWO Contents: |
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1. The Right to Life |
2. The Right to the Safety of Life |
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3. Respect for the Chastity of Women |
4. The Right to a Basic Standard of Life |
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5. Individual’s Right to Freedom The Slave Trade of Western Nations |
6. The Right to Justice 7. Equality of Human Beings |
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BASIC HUMAN RIGHTS Islam lays down rights for man as a human being. Every human –whether he or she belongs to this country or not, whether he is a believer or not, whether he lives in the forest or in the desert, he has some basic human rights simply because he is a human being, which should be recognized by every Muslim. 1. The Right to Life The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down: Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind … (5:32) As far as the question of punishment for crimes, it must be decided only by a proper and competent court of law. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Quran in another place saying: Do not kill a soul which Allah has made sacred except through the due process of law … (6:151) The Prophet, may God’s blessings be on him, has declared homicide as the greatest sin only next to polytheism. The Tradition of the Prophet reads: “The greatest sins are to associate something with God and to kill human beings.” In all these verses of the Quran and the Traditions of the Prophet the word ’soul’ (nafs) has been used in general terms and applies to all human beings. Killing is prohibited to any human being regardless of origin or creed. No discrimination between-Nations, countries, citizens, races and religions. 2. The Right to the Safety of Life Immediately after the verse of the Holy Quran which has been mentioned in connection with the right to life, God has said: “And whoever saves a life it is as though he had saved the lives of all mankind” (5:32). There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race or colour. If you know that he is in need of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake, then it is your duty to save him. 3. Respect for the Chastity of Women The woman’s chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the enemy, whether we find her in the wild forest or in a conquered city; whether she is an Islam or not or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relationship has been forbidden to him, irrespective of the status or position of the woman, or even if she has given her consent. The words of the Holy Quran in this respect are: “Do not approach (the bounds of) adultery” (17:32).
4. The Right to a Basic Standard of Life Regarding the economic rights, the Holy Quran says: And in their wealth there is acknowledged right for the needy and destitute. (51:19) Anyone who needs help, irrespective of the race, religion or citizenship has a right in the property and wealth of the Muslims. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then it is your duty to help him. 5. Individual’s Right to Freedom Islam has clearly and categorically forbidden the capturing a free man, to make him a slave. Our Prophet (S) said: “There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. (al-Bukhari and Ibn Majjah). The words of this Tradition of the Prophet are also general, they have not been qualified The Position of Slavery in Islam: Islam tried to solve the problem of the slaves that were in Arabia by encouraging the people in different ways to set their slaves free. Freeing a slave by one’s own free will was declared to be an act of great merit, so much so that it was said that every limb of the man who manumits a slave will be protected from hell-fire in lieu of the limb of the slave freed by him. Thus the problem of the slaves of Arabia was solved in a short period of thirty or forty years. After this the only form of slavery which was left in Islamic society was the prisoners of war. These prisoners of war were exchanged for Muslim soldiers captured by them. If not or if the enemy did not pay the ransom money to purchase back those prisoners, then the Muslim Government used to distribute them to the soldiers of the army which had captured them. But most of them embraced Islam later and their descendants produced great scholars, imams, jurists, commentators, statesmen and generals of the army. Some of them later even became the rulers of the Muslim world. 6. The Right to Justice The Holy Quran has said: “Do not let your hatred of a people incite you to aggression” (5:2). “And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness” (5:8). Stressing this point the Quran again says: “You who believe stand steadfast before God as witness for (truth and) fair play” (4:135). Muslims have to be just not only with ordinary human beings but even with their enemies. The justice to which Islam invites her followers is not limited only to the citizens of their own 7. Equality of Human Beings Islam recognizes absolute equality between men irrespective of any distinction of colour, race or nationality. The Almighty God has laid down in the Holy Quran: “O mankind, we have created you from a male and female.” In other words all human beings are brothers to one another. They all are the descendants from one father and one mother. “And we set you up as nations and tribes so that you may be able to recognize each other” (49:13). The division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging to another race or tribe and co-operate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights.
The Prophet in address of the Farewell Hajj : Islam established equality for the entire human race and struck at the very root of all distinctions based on colour, race, language or nationality. According to Islam, God has given man this right of equality as a birthright. Therefore 8. The Right to Co-operate and Not to Co-operate “Co-operate with one another for virtue and heedfulness and do not co-operate with one another for the purpose of vice and aggression” (5:2). This means that who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbour, does not have the right to win our support and help in the name of race, country, language or nationality. |
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CHAPTER THREE RIGHTS OF CITIZENS IN AN ISLAMIC STATE 1. The Security of Life and Property In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: “Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection.” God Almighty has laid down in the Holy Quran: “Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him” (4:93). The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): “One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise” (al-Bukhari and Abu Dawud). Islam prohibits homicide but allows only one exception, that the killing is done in the due process of law. Therefore a man can be killed only by the order of the court of law. Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Quran goes so far as to declare that the taking “Do not devour one another’s wealth by false and illegal means” (2:188). 2. The Protection of Honour The second important right is the right of the citizens to the protection of their honour. In the address delivered on the occasion of the Farewell Hajj, the Prophet did not only prohibit the life and property of the Muslims to one another, but also any encroachment upon their honour, respect and chastity were forbidden to one another. The Holy Quran clearly lays down: (a) “You who believe, do not let one (set of) people make fun of another set. According to the Islamic Law the mere proof of the fact that the accused said things which according to common sense could have damaged the reputation and honour of the plaintiff, is enough for the accused to be declared guilty of defamation. 3. The Sanctity and Security of Private Life Islam recognizes the right of every citizen of its state that there should be no undue interference or encroachment on the privacy of his life. The Holy Quran has laid down the injunction: “Do not spy on one another” (49:12). “Do not enter any houses except your own homes unless you are sure of their occupants’ consent” (24:27). The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. He should somehow or other inform or indicate to the dwellers of the house that he is entering the house, so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen. Peering into the houses of other people has also been strictly prohibited. The Prophet has even prohibited people from reading the letters of others, so much so that if a man is reading his letter and another man casts sidelong glances at it and tries to read it, This is the sanctity of privacy that Islam grants to individuals. The espionage on the life of the individual cannot be justified by the government. The injunction of the Prophet is: “When the ruler begins to search for the causes of dissatisfaction amongst his people, he spoils them” (Abu Dawud). The Amir Mu’awiyah has said that he himself heard the Prophet saying: “If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin.” The meaning of the phrase ’spoil them’ is that when spies are spread all around the country, then the people begin to look at one another with suspicion, afraid of talking freely even in their houses. In this manner it becomes difficult for a common citizen to speak freely, even in his own house and society begins to suffer from a state of general distrust and suspicion. 4. The Security of Personal Freedom Islam has also laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defence is not permissible in Islam. It is related in the hadith that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: “O Prophet of God, for what crime have my neighbours been arrested?” The Prophet heard the question and continued his speech. When that man rose for a third time and repeated the same question, the Prophet ordered that the man’s neighbours be released. The Prophet had kept quiet when the question was repeated twice earlier because the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbour of that man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released. The police officer was aware of the Islamic law that if the charges against the arrested men cannot be disclosed in public, the Prophet would not accept the arrest order. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested men. “Whenever you judge between people, you should judge with (a sense of) justice” (4:58). And the Prophet has also been asked by God: “I have been ordered to dispense justice between you.” This was the reason why the Caliph ‘Umar said: “In Islam no one can be imprisoned except in pursuance of justice.” The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges. The correct method of dealing with such cases in Islam is exemplified in the famous decision of the Prophet which took place before the conquest of Makkah. The Prophet was making preparations for the attack on Makkah, when one of his Companions, Hatib ibn Abi Balta’ah sent a letter through a woman to the authorities in Makkah informing them about the impending attack. The Prophet came to know of this through a Divine inspiration. To inform the enemy about a secret of an army and that too at the time of a war is a very serious offence tantamount to treachery. The Prophet summoned Hatib to the open court of the Mosque of the Prophet and in the presence of hundreds of people asked him to explain his position with regard to his letter, which had been intercepted. The accused said: “O God’s Messenger (may God’s blessings be on you) I have not revolted against Islam, nor was betraying a military secret. My wife and children are living in Makkah and I could not protect them. I had written this letter so that the leaders of Quraysh may be indebted to me and may protect my wife and children out of gratitude.” It was a clear case of treachery and betrayal of military secrets. But the Prophet acquitted Hatib on two counts. Firstly, that his past records were very clean and since on the occasion of the Battle of Badr, he had risked his life for Islam. Secondly, his family was in fact in danger at Makkah. Therefore, if he had shown some human weakness for his children and written this letter, then this punishment was quite sufficient for him that his secret offence was divulged in public and he had been disgraced and humiliated in the eyes The attitude and activities of the Kharijis in the days of the Caliph ‘Ali are well-known. They used to abuse the Caliph openly, and threaten him with murder. But whenever they were arrested for these offences, ‘Ali would set them free and tell his officers “As long as they do not actually perpetrate offences against the State, the mere use of abusive language or the threat of use of force are not such offences for which they can be The imam Abu Hanifah has recorded the following saying of the Caliph ‘Ali (A): “As long as they do not set out on armed rebellion, the Caliph of the Faithful will not interfere with them.” On another occasion ‘Ali was delivering a lecture in the mosque when the Kharijis raised their special slogan there. ‘Ali said: “We will not deny you the right to come to the mosques to worship God, nor will we stop to give your share from the wealth of the State, as long as you are with us (and support us in our wars with the unbelievers) and we shall never take military action against you as long as you do not fight with us.” 5. The Right to Protest Against Tyranny Amongst the rights that Islam has conferred on human beings is the right to protest against government’s tyranny. Referring to it the Quran says: “God does not love evil talk in public unless it is by someone who has been injured thereby” (4:148). God gives the person, who has been the victim of injustice or tyranny, the right to openly protest against the injury that has been done to him. 6. Freedom of Expression Islam gives the right of freedom of thought and expression to all citizens, on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. It also does not give anybody the right to use abusive or offensive language in the name of criticism. One who tries to deny this right to his people is openly at war with God. And the same thing applies to the attempt to stop people from evil. The Holy Quran has described this quality of the Faithful in the following words: “They enjoin what is proper and forbid what is improper” (9:71). The Quran mentions: “They bid what is improper and forbid what is proper” (9:67). The Prophet has said: 7. Freedom of Association Islam has also given people the right to freedom of association and formation of parties or organisations. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief. You are the best community, which has been brought forth for mankind. 8. Freedom of Conscience and Conviction Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. The Holy Quran has laid down the injunction: “There should be no coercion in the matter of faith” (2:256). No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. 9. Protection of Religious Sentiments Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. It has been ordained by God in the Holy “Do not argue with the people of the Book unless it is in the politest manner” (29:46)-says the Quran. This order is not merely limited to the people of the Scriptures, but applies with equal force to those following other faiths. 10. Protection from Arbitrary Imprisonment Islam also recognises the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly: “No bearer of burdens shall be made to bear the burden of another” (6:164). Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. 11. The Right to Basic Necessities of Life Islam has recognised the right of the needy people that help and assistance will be provided for them. “And in their wealth there is acknowledged right for the needy and the destitute” (51:19). In this verse, the Quran has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is given voluntarily, but has made compulsory charity, zakat as the third pillar of Islam, next only to profession of faith and “It will be taken from their rich and given to those in the community in need” (al-Bukhari and Muslim). “The Head of state is the guardian of him, who has nobody to support him” (Abu Dawud, al-Tirmidhi). The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need. 12. Equality Before Law Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and hadith that in their rights and obligations they are all equal: “The believers are brothers (to each other)” (49:10). The Prophet has said that: “The life and blood of Muslims are equally precious” (Abu Dawud; Ibn Majjah). In another hadith he has said: The religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society. As for as the non-Muslim citizens of the Islamic State, the rule of Islamic Shari’ah (law) has been very well expressed by the Caliph ‘Ali: “They have accepted our protection only because their lives may be like our lives and their properties like our properties” (Abu Dawud). In other words, the non-Muslims’ lives and properties are as sacred as the lives and properties of the Muslims. 13. Rulers Not Above the Law Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. The Caliph ‘Umar said,” On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained “O Prophet, you have hurt me with your stick.” The Prophet immediately bared his belly and said: “I am very sorry, you can revenge by doing the same to me.” The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted. Islam is against the selective prosecution. A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. “The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by (God) that even if Fatimah, the daughter of Muhammad, has committed this crime then I would have amputated her hand. ” During the caliphate of ‘Umar, Muhammad the son of ‘Amr ibn al-’As the Governor of Egypt, whipped an Egyptian. The Egyptian went to Medina and lodged his complaint with the Righteous Caliph, who immediately summoned the Governor and his son to Medina. When they appeared before him in Medina, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to ‘Umar, he said to the Egyptian: The plaintiff submitted: “The person who had beaten me, I have already avenged myself on him.” When the Islamic State was flourishing in its pristine glory and splendour, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. And if the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication. 14. The Right to Avoid Sin Islam also confers this right on every citizen that he will not be ordered to commit a sin, a crime or an offence; and if any government, or the administrator, or the head of department orders an individual to do a wrong, then he has the right to refuse to comply with the order.The Prophet’s hadith: “It is not permissible to disobey God in obedience to the orders of any human being” (Musnad of Ibn Hanbal). According to Islam, governments in this world are actually representatives (khulafa’) of the Creator of the universe, and this responsibility is not entrusted to any individual or family or a particular class or group of people but to the entire Muslim nation. The Holy Quran says: “God has promised to appoint those of you who believe and do good deeds as (His) representatives on earth” (24:55). The correct method recommended by the Holy Quran for running the affairs of the state is as follows: “And their business is (conducted) through consultation among themselves” (42:38). According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the state or a representative chosen by him and other Muslims should participate in The legislative assembly’s duties: (1) The executive head of the government and the members of the assembly should be elected by free and independent choice of the people. (2) The people and their representatives should have the right to criticize and freely express their opinions. |
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CHAPTER FOUR RIGHTS OF ENEMIES AT WAR The actual codification of the ‘international law’ in war began in the middle of the nineteenth century. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected, before that period. The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances, irrespective of the behaviour of the enemy. The Rights of the Non-Combatants: Islam has first drawn a clear line of distinction between the combatants and the non-combatants of the enemy country. As far as the non-combatant population is concerned such as women, children, “Do not kill any old person, any child or any woman” (Abu Dawud). “Do not kill the monks in monasteries” or “Do not kill the people who are sitting in places of worship” (Musnad of Ibn Hanbal). The Rights of the Combatants: 1. Torture with Fire In the hadith there is a saying of the Prophet that: “Punishment by fire does not behove anyone except the Master of the Fire” (Abu Dawud). No one should be burnt alive. 2. Protection of the Wounded “Do not attack a wounded person”-thus said the Prophet. This means that the wounded soldiers who are not fit to fight, nor actually fighting, should not be attacked. 3. The Prisoner of War Should not be Slain “No prisoner should be put to the sword”, a very clear and unequivocal instruction given by the Prophet (S). 4. No one Should be Tied to be Killed “The Prophet has prohibited the killing of anyone who is tied or is in captivity.” 5. No Looting and Destruction in the Enemy’s Country Muslims have also been instructed by the Prophet that if they should enter the enemy’s territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the hadith: “The Prophet has prohibited the believers from loot and plunder” (al-Bukhari; Abu Dawud). His injunction is: “The loot is no more lawful than the carrion” (Abu Dawud). Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war, “Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and 6. Sanctity of Property The Muslims have also been prohibited from taking anything, from the general public of a conquered country, without paying for it. If in a war the Muslim army occupies an area of the enemy country, and is encamped there, it does not have the right to use the things belonging to the people without their consent. 7. Sanctity of a Dead Body Islam has categorically prohibited its followers from disgracing or mutilating the corpses of their enemies as was practised in Arabia before the advent of Islam. It has been said in the hadith: “The Prophet has prohibited us from mutilating the corpses of the enemies” (al- Bukhari; AbC Dawud). 8. Return of Corpses of the Enemy In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was killed and his body fell down in the trench which the Muslims had dug for the defence of Medina. The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of their fallen warrior may be handed over to them. The Prophet replied 9. Prohibition of Breach of Treaties Islam has strictly prohibited treachery. One of the instructions that the Prophet used to give to the Muslim warriors while sending them to the battlefront was: “Do not be guilty of breach of faith.” The Prophet declared that “We cannot break the agreement”. 10. Rules A bout Declaration of War It has been laid down in the Holy Quran: Muslims have been prohibited from opening hostilities against their enemies without properly declaring war against them, unless of course, the adversary has already started aggression This is a brief sketch of those rights which fourteen hundred years ago Islam gave to man, to those who were at war with each other and to the citizens of its state. Acknowledgment: This article was down-loaded from http://www.islamworld.net/hr.txt, make a gist and reformatted. |
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In addition, Muhammad (pbuh) formed a city-state in Medina based on the pattern of a commonwealth, with the minority Jewish population and the Muslims, who constituted the majority, forming two units with Muhammad (pbuh) as the head. [156]
The Jews were to be governed by their own laws, which were to be administered by their own rabbis. [157]
The Prophet offers an inspiring example of a leader who sought to accommodate the non-Muslim communities of his time in Medina, through a constitution which ensured equality and justice for all the city’s Inhabitants.
The constitution Medina encouraged cooperation and solidarity among Muslims, Christians and Jews.
The Prophet also forged a treaty with the Christian monks of Najran. The treaty of Najran pledged to protect their religious rights and to preserve the sanctiity of their monastery. Here again the Prophet translated into concrete action the Koranic injunctions on religious tolrance and understanding.
The generosity and magnanimity of Caliphs such as Omar ibn-Khattab and Ali ibni-Talib towards Christians and Jews testifies to the tolerance of Islam. The accommodative attitude of the Muslim leaders and people towards non-Muslims living in their midst was so remarkable and revealed to both Muslims and non-Muslims the real meaning of Islamic tolerance.
We shall now provide some concrete examples of Muslim tolerance and accommodation in different parts of the world from the middle of the seventh century to about the early eighteenth century to show how widespread these attitudes were within the Muslims.
To start with, it was the second Caliph, Omar, who in 638 AD allowed the Jews to return to Jerusalem after the Romans, who had expelled the Jews centuries before, and the Christians, who replaced them as the imperial power, imposed a total ban upon the Jews. Later, in 1099, when the Jerusalem was liberated by the famous Muslim ruler, Salahuddin al Ayoubi in 1187 Christians were given free access to their places of worship, their holy sites and those of the Jews were protected by the Muslim government.
In Spain where the Muslims ruled from 711 until the fall of Grenada in 1492, the three Abrahamic communities Christians, Jews and Muslims – lived in great harmony for long periods of time.
Andalusia, Al-Andalus, as Islamic Spain was known as an exemplar of religious tolerance. It also produced a flowering of science, arts and letters. All communities participated in this intellectual and aesthetic blossoming of Andalusia. In fact, Andalusia gave birth to some of the most magnificent works of philosophy and culture within the Jewish tradition.
Muslim rule in India was also, on the whole, tolerant and compassionate. It was not just Mughal rulers such as Akbar and Shah Jahan who attempted to bring together Muslims, Hindus and Jains in various cultural and artistic enterprises. Even Aurangzeb, often described in western history books as a ‘bigot’ was very accommodative towards the non-Muslims in his Empire. He employed the largest number of Hindus in the highest echelon of administrative and military service.
Tipu Sultan, Indian Muslim king, appointed Hindus as his Prime Minister and the commander-in-chief of his armed force.
The tolerant, accommodative attitude of the Malay-Muslim community mirrors a larger Islamic worldview. Acceptance and accommodation of the ‘other’ is part and parcel of Islamic culture. This does not mean that there are no instances of Muslim discrimination of, or, oppression against non-Muslims. It would be very naive to hold such a view. There are Muslims who at various points in history have done terrible things to non-Muslims sometimes in the name of Islam. But these are aberrations. They do not reflect mainstream Muslim attitudes or values, which everything considered, have been just and fair to non-Muslim communities.
(Prof. Chandra Muzafa, Just World, published in Harakah, Malaysia)
Honesty in Monetary Dealings
Uprightness and honesty in monetary dealings forms a vital part of the fundamental teachings of Islam.
The Qur’an as well as the Traditions of the Prophet (pbuh) are emphatic that;
” a true Muslim is one who is honest and upright in business and other monetary transactions; keeps his word and fulfils his promises, shuns fraud and avoids deceit, encroaches not upon the rights of others and abstains from wrongful litigation, does not give false evidence and abstains from making dishonest money as from usury or graft.
In short, all manner of deceit and dishonesty in business is prohibited in Islam.
Social Conduct and Mutual Relations
RIGHTS OF CITIZENS IN AN ISLAMIC STATE
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.
Social conduct, good manners and respect for the rights of each other, form an important part of Islamic teachings.
One can become a good and true Muslim when one observes the social code of Islam. The rules and regulations governing the modes and manners of behaviour between man and man and society, as laid down by Islam is very important for a Muslim.
1. Rights of neighbours:
The Qur’an calls upon us to be good and courteous to our neighbours. It has commanded us to maintain the best of conduct towards our parents, brothers and sisters and towards other near relatives.
A Tradition of the Prophet (pbuh) reads:
“He shall not go to Heaven for whose mischief his neighbours do not feel secure.”
Islam conferred special rights for the weaker and the poorer sections of society and needy persons. It is the duty of all well-to-do people to look after those people, including non-Muslims.
Justice is an integral part of Islamic ethics.
2. Rights of parents:
In Islam, the rights of parents have been described as next only to the rights of God, as
clearly stated in the Qur’an.
3. Rights of children:
Islam has laid an equal stress on the rights of children on parents also. Apart from the responsibility of parents to feed and clothe their children, their moral and religious education and upbringing are also very important in Islam.
4. Rights of husband and wife.
The Prophet used to attach profound importance to the harmony of married life among Muslims. He urged Muslim husbands and wives to keep each other happy and to attend to each other’s needs and interest with loving care.
5. Rights of relatives:
In the Qur’an, we are told to be kind to our kinsmen and whoever disregards and pays no heed to the bonds of kinship has been condemned as a transgressor and sinner of the worst order.
The holy Prophet (pbuh) has said:
“If a near relative treats you indifferently and ignores the bond of relationship, do not turn your back on him but keep on discharging, on your part, the obligations of relationship towards him.”
6. Rights of the old on the young and of the young on the old:
It is a general principle of Islamic social behaviour that everyone should respect his elders.
Those who are older are required to treat those who are younger to them with kindness and affection, even if there be no relationship between them.
7. Rights of Muslims on each other:
Further, there is a special claim of Muslims on each other, the common bond of Islam.
Says the Prophet (pbuh):
“Every Muslim is a Muslim’s brother. He should neither harm him himself nor leave him alone (help him and to protect him).
Whoever among you will fulfil the need of his brother, God will take it upon Himself to fulfil his needs, and a Muslim who will remove the distress of a Muslim brother will, in return, find a distress of his removed by God on the Day of Requital, and anyone who will hide the shame of a Muslim, his sins will be hidden by God on the Last Day.”
“Do not bear a grudge or enmity against each other, do not be jealous of each other, and do not indulge in backbiting.”
“Live like brothers and the servants of One God. It is not allowed for a Muslim to cease to be on talking terms with another Muslim for more than three days.”
“The life, honour and property of a Muslim are sacred for another.”
8. Good Manners and Noble Qualities
Good manners and noble qualities of mind and character enjoy a place of crucial importance in the structure of Islamic teachings. Moral evolution and uplift was one of the main objects for which the sacred Prophet (pbuh) was raised up. The Prophet himself has said:
“I have been sent down by God to teach moral virtues and to evolve them to highest perfection.”
(1) “The best of your are those who possess the best of manners.”
(2) “No sin is more detestable to God than bad manners.”
Some More Important Virtues to cultivate all good and noble moral and social qualities and to avoid everything that is mean or wicked.
1) Truthfulness
Truthfulness is a matter of such supreme consequence in Islam that, in addition to speaking the truth always, a Muslim is exhorted also to keep company only with those that are truthful.
Says the Prophet (pbuh):
“He who wishes to love God and His Apostle, or wishes God and His Apostle to love him, must take care to speak nothing but the truth whenever he speaks.”
2) Fulfilling Promises
It is also a part of truthfulness that when a promise is made, it should be fulfilled. The Qur’an and the Traditions are very clear on this point. Our faith demands of us never to go back on our pledged word.
3) Trustworthiness
Closely allied to truthfulness is the quality of trustworthiness.
Here is a Tradition of the holy Prophet (pbuh) on this point:
“Look not alone at anyone’s prayers and fasts to decide about his spiritual excellence .
You should also see that he is truthful when he speaks, restores honestly what he has received in trust to whom it is due, and remains righteous in times of adversity and suffering.”
4) Justice
Justice is an integral part of Islamic ethics. In Islam, we are commanded to be just and fair not only towards our own people or co-religionists, but also towards others even if they be the enemies of our life, property or faith.
5) Compassion and Forgiveness
To feel pity on a fellow human being in distress, to be compassionately drawn towards him, to bring him succour, and to pardon the guilty and the defaulter are virtues that are valued very highly in Islam. Take this Tradition, for instance:
“God will have mercy upon them that are merciful. Treat kindly the dwellers of the earth, He who dwells in the heavens will treat you kindly.”
We ought to be kind and compassionate towards friend and foe alike and to all the creatures that exist on the earth.
It is reported from the Prophet (pbuh) that once a person who was travelling by road saw a dog licking wet earth in the agony of thirst. The traveller was moved by the spectacle and gave water to the dog to drink. This simple service of the man to the thirsting dog pleased God so much that He blessed him with salvation.
6) Tenderness
Tenderness in monetary dealings, and in all other fields of one’s activity, and the readiness to oblige and put others at ease are all virtues of the highest order in the Islamic pattern of morality.
7) Self Restraint
Tolerance, affability, self-restraint, and the ability to control one’s temper and overlook what is unpleasant and disagreeable, are qualities that Islam wants everyone to cultivate.
8) Gentleness of Speech
Gentleness of speech is a religious virtue in Islam and rudeness a sin. The Qur’an declares : “Speak fair to the people.”
We have it from the Prophet:
“To speak politely is piety and a kind of charity.”
“To indulge in intemperate language and in harsh behaviour is to perpetuate an injustice and the house of injustice is Hell.”
In Islam, we are commanded to be just and fair not only towards our own people or co-religionists, but also towards our enemies.
Tolerance, affability, self-restraint, and the ability to control one’s temper and overlook what is unpleasant and disagreeable, are qualities of good Muslims.
Humility is a virtue, a distinguishing feature of the moral and spiritual proof of courage and firmness.
Courage and Fortitude
The Muslim must be meek and humble but firm like a rock and allows neither fear nor weakness to come near him where faith or truth or justice is at stake.
There occur periods of hardship and adversity, sometimes there is want, disease, enemies harass us, and so forth. In spite of those thousand trials and calamities we should bear them with courage and fortitude, remain firm and should not waver from our principles.
There is the assurance of the Qur’an for them:
“For God loves those who are patient and persevering” (11:153).
The holy Prophet (pbuh) has said:
“Patience is one half of Faith.”
Contrarily, impatience and cowardice are the most lamentable of evils against which the Prophet (pbuh) used to beg God for refuge in his prayers.
“God is not regardful of your fine visages or your wealth. He is regardful only of your hearts and intentions.”
The idea of the above tradition is that God will judge and requite solely on the basis of our motives and intentions.”
11) Sincerity
Sincerity is the life and soul of the entire moral edifice of Islam.
All our deeds and actions should solely be for the sake of God. Apart form it, there must be no other desire, motive or intention behind whatever we do.
States the Prophet (pbuh):
“He who loves or hates, offers favours or withholds them, and whatever he does, does so for the sake of God, he perfects his faith.”
The Gist of Islam: The Heart of the Matter Edited by S. Mumtaz Ali
Part 1: excerpt from Islam in a Nutshell by Dr. M. Hamidullah
Charity: the third pillar
Zakat, almsgiving, is the third pillar of Islam. The term zakat was used in the Qur’an in a number of verses. It means “growth” and “purifying”. [123]
In other words, one must purify one’s wealth by giving away something from the surplus for the benefit of society. Zakat was levied as a tax on the Muslims. Zakat is to be used for certain purposes which are determined by the Qur’an.
Alms are for the poor (al-fuqara) and the needy (al-masakin) and those employed to administer the funds; for those whose hearts have been (recently) reconciled to the Truth; for those in bondage and in debt; in the cause of God; and for the wayfarer. (Thus it is) ordained by God, and God is full of knowledge and wisdom. [124]
This tax was considered a right– a right of the poor and an obligation of the wealthy.
Islam not only calls on the rich to pay this tax, from their hoarded income, but it also prohibits usury–in fact, interest of any kind. [126]
One should also add that the second caliph, ‘Umar, ruled that the poor among the non-Muslims also have a right to receive zakat. [127]
Zakat must be paid sincerely and in a spirit of selflessness. If one’s motives are mixed or worldly, then one’s charity is useless in the eyes of God. In this regard, the Qur’an gives a stern warning:
O ye who believe! Cancel not your charity by reminders of your generosity or by injury–like those who spend their substance to be seen of men, but believe neither in God nor the Last Day. [128]
The qualities of the Prophet (pbuh)
On the human plane, the outstanding qualities of the Prophet (pbuh) were his truthfulness, sincerity, simplicity, warmth and generosity. He always maintained that he was no more than a slave of God, whose duty it was to deliver Allah’s message and who devotedly served his Master and Lord.
He worked as a labourer, shepherd, business man, preacher, teacher, lawgiver, judge, head of the community and state, and leader of the prayers. He married and raised a family. He gave women the right of inheritance, independent of men. Although polygamy was not altogether abolished, it was restricted, with a strong recommendation for monogamy. Even at the height of his mission’s success, the Prophet (pbuh) lived in stark poverty, cobbling his own shoes and patching his own clothes.
He was always accessible to everybody. People belonging to all stations of life would come to him seeking advice concerning every aspect of their personal life. This relationship between the Prophet (pbuh) and his followers pleased God, and this pleasure was confirmed in a revelation:
Now, there has come to you a messenger from among yourselves. Grievous to him is your suffering; anxious is he over you; gentle to the believers, compassionate. [173]
He never asked any man to do anything he himself was unable to do. He prayed longer than
anybody, worked harder than anybody, and endured suffering more than anybody. For Muslims, he is the ideal example to be followed. As the Qur’an declares:
Ye have indeed in the Apostle of God a beautiful pattern (of conduct) for anyone whose hope is in God and the Final Day and who engages much in the remembrance of God. [174]
An Introduction to Islam:
Fundamental beliefs and practices by Dr. M. Qadeer Shah Baig, r.a.
For a believer the declaration of faith in Allah, is not enough unless a conscious effort is made to take care of the relatives, orphans, the needy, travellers as well as for the welfare of those who ask for help.
It also emphasises the need to liberate the people who have been denied freedom and liberty in their own homelands (or abroad).
The Qur’an places its emphasis on the “liberation of the oppressed and meeting the needs of the economically less-developed people” as part of devotion, worship and iman (faith).
The Qur’anic emphasis on social welfare as a basic value, in a sane and peaceful human society, also refers to the revolutionary approach the Qur’an takes toward human problems.
This concern of the Qur’an for human issues makes it universal, relevant and applicable in all situations.
It also educates a Muslim to relate his taqwa (piety) with social realities. It gives a new meaning to piety and virtue as social values. These values persuade a person to share the blessings and bounties of Allah with others as a matter of obligation.
It also becomes a condition for success in life in this world and in life-hereafter. Taqwa consequently becomes not an attitude of love of Allah but love of fellow human beings who should be treated as part of an extended human family.
While the ayah begins with reference to spending substantially for one’s kin, it immediately refers to orphans, the needy, travellers and others who may fall in the category of strangers. It is rather unfortunate that many Muslims do not look on the implications of many Qur’anic teachings in the context of human society. An objective analysis of the Qur’anic teachings informs us about the social and human dimensions of the Qur’anic message.
A book, which does not want any human being to be enslaved politically, economically, culturally and educationally, carries universal relevance for human beings. The ethic-centric approach of the Qur’an makes its teachings valuable and relevant for all who are concerned with the future of humanity. It offers the most reliable way of building a sustainable and peaceful world order.
Courtesy the Pakistan Observer 7.5.97
Part 2
351. The Qur’an (9:60) has prescribed the principles regulating the budget of State expenditure in Islam, in the following terms:
“Verily the sadaqat (i.e., taxes on Muslims) are only for the needy, and the poor, and those who work for these (taxes), and those whose hearts are to be reconciled, and to free the necks (i.e., slaves and prisoners of war), and the heavily charged, and in the path of God, and for the wayfarer-a duty imposed by God; God is Knower,Wise.”
357. The category of those who are heavily charged, has, according to the practice of classical times, a whole series of applications: one helped those who had suffered from calamities such as floods, earth quakes, etc.
It does not refer to the poor, who have already been mentioned in the beginning of the verse, but to the well-to-do who have suffered from abnormal conditions, beyond their power. Caliph ‘Umar started a special section in the Public Treasury, in order to lend money free of interest, to those who had temporary needs and provided the necessary guarantees for repayment. The caliph himself had recourse to it for his private needs. It goes without saying that the “nationalization” of lending without interest was the necessary concomitant of the prohibitation of interest in Islam. The same caliph used to lend public money even to merchants for fixed periods, and the Treasury participated with them in a percentage of their business returns, participated not only in gains, but also in the event of losses. Another application of this State expenditure was for a kind of social insurance.
358. The expression “in the path of God”, in the Islamic terminology, signifies in the first instance military defence and the expenditure for the personnel, equipment, etc. But the term applies in fact to all sorts of charitable works, such as helping students, grants and aids in religious causes such as the construction of mosques, etc.
edited by Syed Mumtaz Ali
This article has two parts. Part 1 is an article by Prof. Dr. Anis Ahmad.
Part 2 consists of excerpts from “Introduction to Islam” by Dr. M. Hamidullah
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by Mohammad Asghar Qureshi Reprinted from Hamdard Islamicus, Vol. XX, No. 3, July-September 1997 Islam avoids extremes so as to maintain balance and orderliness in society. Monopoly and cut-throat competition are therefore disapproved. Justice to all is Islam’s essence as it enables man to lead a good and happy life and at the same time strengthens bonds of human brotherhood and fortifies the social fabric. Justice in Islam is termed ‘adl which means to divide two things equally or to keep the balance. This term is used in the Holy Qur’an for justice in all matters. Islam teaches the believers to be fair in their dealings. Justice and righteousness are the cornerstone of the Islamic way of life. The Holy Prophet p.b.u.h. was known for this justice even before he declared his prophethood. Throughout his life he exhorted his followers to be truthful and just and he himself set a perfect example of justice even to the followers of other religions and his enemies. Responsibility In Islam, the Muslims are obliged to look after one another and to be responsible for the welfare of all. The concept of social justice lays down certain conditions to treat man as an individual with liberty and equality as his birthright. |
Balance in Society
Justice to all is Islam’s essence and this enables man to lead a good and happy life while at the same time strengthening the bonds of human brotherhood as well as the social fabric.
There are many places where conditions are monstrous and oppressive for the poor. There is rampant corruption, poverty and want around us. There are few who have acquired substantial wealth and thus enjoy the numerous amenities and luxuries of life whereas the majority do not even receive two square meals a day. Social order in an Islamic state lays stress on simple and austere efforts that are free from ostentation.
The Holy Prophet Muhammad p.b.u.h. just bridged the gap between the rich and poor, the high and the low. He advocated a society in which there would not be any exploitation of one sector over another. What Islam aims at is a balanced life which represents the equilibrium of social forces.
(From gist of Islam. Canadian Muslim Society)
Translation of Sahih Bukhari Translator: M. Muhsin Khan.
Filed under: Human Rights, Islam
