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Thursday 17 May 2012 - 11:50

Are Human Rights Compatible with Islam

Story Code : 162823
This may be attributed to a few factors – the increasing number of Muslim immigrants in Western countries like USA, Canada and France, the present geographic setting of most foreign military operations conducted by Western nations (predominantly carried out in Islamic countries), and of course, growing media attention towards Islamic terrorism and terrorist groups. September 11th was undisputedly the event that threw Islam into the spotlight, and paved the path for vicious criticism directed at the religion.

David Littman, is a British historian and human rights activist that has spoken out and criticized the religion in recent times. He famously alluded to Islam’s lack of human dignity in his article “Universal Human Rights and Human Rights in Islam,” in which he employs the uses of binary oppositions to distance “Western Judeo-Christian” people from “them” – a useful tactic considering his motive was to demonize Islamic notions on the topic. He also contributed many chapters to the book titled “The Myth of Islamic Tolerance: How Islamic Law Treats Non-Muslims,” in which Littman and his co-authors (one of whom is Daniel Pipes – a renowned Islamophobic) analyze the “myth” of tolerance under Islamic nations.

But he is not alone in this – several “human rights activists” and “experts” hiding behind the cloak of academia have commented on Islam’s oppressive nature and lack of human dignity. They have all too often judged the religion based on the history and sheer number of tyrannical regimes in the Middle East, or the number terrorists that sacrifice themselves “in the name of Islam.”

Although Muslims have responded (and unfortunately sometimes reacted) to these claims and discussions, their defense normally gets crowded out by media attention and relevance people like Littman and Pipes receive. The unfortunate consequence of this – these advocates of Islamophobia gain prominence and credibility, resulting in their views becoming the views of the masses. The overarching result – Islam is viewed as a religion devoid of or incompatible with modern human rights.

This article will challenge that notion, and prove that human rights have and do exist under Islam. Through this I hope to convey or repair any misconceptions that exist about Islam’s inability to adapt to modern human rights, and hope to distance Islam from tyrannical and oppressive regimes that happen to be Muslim. By analyzing verses from the Quran (Islam’s Holy book), the Prophet Muhammad’s (Peace Be Upon Him) narrations and actions (compiled as the “Hadith”) and comparing it with certain parts of the UN Declaration of Human Rights, this article will prove that Islam is and always has been compatible with modern human rights.

The Quran is Islam’s sacred scripture, the book that Muslims believe to contain the words of God as revealed to the Holy Prophet Muhammad (PBUH). The term Quran literally means “translation,” and it is written in Arabic, which is Islam’s sacred language. Although the Quran has been translated into several different languages, Muslims believe that the Quran’s true essence itself is “untranslatable” – its true meaning will get altered and lost in translation. The Quran is meant to be the ultimate guide for Muslims, as followers of the religion purport that revelation is the ultimate truth and that it is every Muslim’s obligation to follow the laws in the Quran.

The Hadith is a record of sayings and actions of the Prophet Muhammad(PBUH) that was compiled and passed on by his companions. Belief in the Hadith is a vital part of Islamic faith, as it is used as a supplementary platform to understanding the Quran better, and in matters of jurisprudence. Along with the Quran, it forms the basis of the Islamic religion.

The Quran’s verses along with the Hadith form the divine law for Muslims, which in Arabic is called “Shariah.” The Shariah law deals with both civil and criminal matters while regulating the lifestyle of the Muslim. It specifies the obligatory acts (such as prayer) and the forbidden acts (such as stealing). Through specifying obligatory and forbidden codes, Shariah law outlines the conduct of human rights practiced in Islam.
One must bear in mind that when analyzing verses of the Quran and Hadith, meaning is normally lost in translation. Some verses are also highly contextual, meaning that they were revealed in a specific environment for a specific purpose.

Basic Human Rights
Basic human rights signifies that these are rights that are to be equally granted to all human beings, regardless of colour, race, nationality or religion. The first two rights outlined under Article 1 and 2 in the UN Declaration of Human Rights is the right to be treated as equals. It basically states that these rights are equally entitled to everyone, regardless of race, colour, religion etc.

Equality is a major principle in Islam, and discrimination on any basis is not permissible in the religion. During the Prophet Muhummad’s (PBUH) last sermon which was delivered during Hajj (pilgrimage), he stated:
O people, Your God is One God and your father is one father, for you are all descendants of Adam, and Adam was created from clay. The most honoured of you in the sight of God is the most righteous of you. No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man, or the black man any superiority over the white man. You are all the children of Adam, and Adam was created from clay.

This verse does two things. Firstly, it sets out clearly that race and nationality are not factors in anything. Secondly, by stating that “you are all sons of Adam,” the Prophet Muhummad (PBUH) was stating that everyone, even regardless of religion, was equal – Muslims believe that all human beings are sons of Adam, so by essentially reminding everyone that they were all “sons of Adam,” the Holy Prophet Muhummad (PBUH) was enforcing the notion that Islam condones equality of man. This Hadith is especially important, as it sets the standard through which Islam conducts and administers all human rights, i.e. irrespective of religion.

Another Hadith discusses an incident where one companion came to the Prophet Muhummad (PBUH) and asked for his daughter to be forgiven for robbery, and ultimately spared from punishment. It is narrated that the Prophet (PBUH) said:
Before the advent of Islam, people of noble descent were not punished if they were guilty of theft and poor indigent people were punished for the same crime. I swear by God Almighty, that if my daughter Fatima were guilty of the crime of theft, I would sentence her to the punishment ordained by God Almighty.

This verse not only emphasizes equality of man, but also emphasizes equality of all before the law. This also outlines the fact that status and wealth play no factor while being subjected to the law. This matches Articles 6 and 7of the UN Declaration of Human Rights which discusses this same issue – that everyone is equal before the law.

Article 3 of the UN Declaration of Human Rights is probably one of the most important as it highlights everyone’s basic human right – the right to life. Nowadays, the media tends to exaggerate details about Islam due to incidents occurring globally, particularly in regards to suicide bombers, claiming that they have no regards of human life. All so often, the label of “Islam” is attached to it. This is highly ironic, especially considering that one core tenant in Islam is a human being’s right to life – the Quran clearly states in Surah (chapter) 5, verse 32 that “Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ...” Commentators of the Quran agree that this verse applies to all human beings, not just Muslims, and protects a persons right to life as it has now been divinely condemned to commit murder. A true follower of Islam would honour this commandment in fear of being reprimanded (by God), hence inadvertently honouring others right to life.

This verse is also important when considering the context in which it was revealed – the Muslims controlled the city of Madinah, and the Prophet Muhummad (PBUH) was now its governor. In essence, the Muslims were the ruling government of the city, and Islam was the ruling ideology. Hence, this verse was revealed in order to ensure that power did not corrupt the Muslims, while at the same time reminding them to stick to justice, both in the civic sphere and criminal one. A verse from the following chapter, which states “Do not kill a soul which Allah has made sacred except through the due process of law ..” also confirms the concept of justice and the right to the due process of the law in the form of court hearings and tribunals under an Islamic state– something that falls in accordance with Article 10 of the Declaration of Human Rights.

Section 1, Article 15 of the UN Declaration of Human Rights also guarantees every individuals right to their own nationality. A verse from Chapter 51 of the Holy Quran states that “And in their wealth there is acknowledged right for the needy and destitute.” This verse does two things – first, it highlights the government’s responsibility to help its citizens financially. But that is just one aspect of the verse – considering the context in which it was revealed in is pivotal to understanding this verse.

This verse was revealed in Mecca, the holiest city in Islam and the city which was conquered by the Muslim army right before the Prophet Muhummad’s (PBUH) death. At this point, not everyone had converted to Islam. Mecca being the biggest metropolitan trade city in the Arabian peninsula, attracted many people from neighbouring towns and cities to come and settle there in order to live a more prosperous life. This verse indicated to the Muslims that they, being the rulers of the city, needed to provide for its people, hence inadvertently rendering them citizens of the city. During that period, people did not belong to any “state” as such since they only held allegiances to their tribes and towns (the modern notion of what we consider a “state” did not exist then either). Hence, anyone residing within a city and receiving financial aid were hence considered citizens. More importantly, it outlined a major Islamic responsibility – the responsibility to its citizens. This verse also ensures those fleeing to Muslim lands the right to obtain citizenship and be cared for by the ruling government, something highlighted in Section 2 of the same article.

Article 4 of the Declaration of Human Rights prohibits slavery in “all their forms.” Islam has taken a similar stance – in pre-Islamic Arabia, slavery and slave trade was widely practiced and had become commonplace in society. With the advent of Islam, this practice was discouraged and lessened: the Prophet Muhummad (PBUH) himself freed 100s of slaves. Although it would be impossible for Islam to completely abolish slavery, steps were taken to eliminate it. However, many verses in the Quran urged Muslims to free those who are enslaved, citing great divine rewards for those who do it. The most famous verse pertaining to this can be found in chapter 5, verse 89:
He will call you to account for your deliberate oaths: for expiation…give a slave his freedom...

One reason why slavery was not directly abolished in Arabia, even after the advent of Islam, is because some slaves needed to be tended to or looked after in order to survive – they simply had no other means to endure. However, the Quran has commanded the Muslims to not only free a slave if he asks for freedom, but to also help him settle into society by providing financial assistance. The Holy Quran instructs Muslims in chapter 24, verse 33 that:
And if any of your slaves ask you for a deed in writing (for emancipation) give them such a deed; If ye knew any good in them: yea, give them something yourselves out of the means which Allah has given to you…

Rights of Citizens
Security of property and wealth is another right found in both Islam and the UN Declaration of Human Rights, under article 17. Chapter 2, verse 188 of the Holy Quran states that "Do not devour one another's wealth by false and illegal means."
Many believe that in an Islamic state, apostasy is not tolerated, nor is the presence of polytheists and non-Muslims. This however, is a false notion, as the Quran clearly instructs Muslims in chapter 6, verse 108 not to “abuse those they appeal to instead of God.” Commentators of Quran have agreed that this inadvertently grants citizens the freedom of “thought, conscience and religion,” as found in Article 18 of the UN Declaration of Human Rights. Furthermore, the Quran states in chapter 2, verse 256 that “There is no compulsion in religion,” a clear indication that each citizen has a right to his own religion.

Article 9 of the UN Declaration states that “no one shall be subjected to arbitrary arrest, detention or exile.” Commentators of the Quran feel that the verse in chapter 6, verse 164, feel that this verse indirectly guarantees a person freedom from arbitrary arrest as it states "No bearer of burdens shall be made to bear the burden of another."

Commentators feel that because one cannot be made responsible for another person’s actions according to the Quran, no one can be arbitrarily arrested unless he is actually found guilty.

Article 21 in the UN Declaration of Human Rights grants every citizen the right to partake in the government of his country. The Quran, in chapter 42, verse 38, discusses grants that same right by discussing how “business” is conducted: "And their business is (conducted) through consultation among themselves." This verse, many commentators feel, is inclusive, as the use of the word “themselves” means everyone (as God is addressing human beings and discussing how humans handle their affairs).

Conclusion
Although many Muslim authors and scholars have written about Islam’s advocacy of human rights, it unfortunately remains a reality that many do not acknowledge. Many view the atrocities committed by Islamic states and groups as the key indication of Islam’s inability to adapt to and work cohesively with modern human rights standards. With Western influenced media that work towards an agenda, we are seeing Islam getting increasingly demonized and ridiculed in the public sphere.

My personal goal of this article was to highlight the dramatic difference between what the masses perceive of Islam in terms of its advocacy of human rights, and what its actual take on the matter is.
Author : Ibn Saeed
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