The Concept of Human Rights in Islam
Part II
Dr. Ghulam Nabi Fai
February 3, 2022
A summary of how the Qur’an deals with the concept of human rights
as covered in the Universal Declaration of Human Rights (UDHR) follows: Article
1, 2, UDHR: 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. Everyone is entitled to all the rights and freedoms
set forth in this Declaration, without distinction of any kind, such as race,
color, 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.
Islam teaches the ethic of reciprocity, which entails
treating others as we would wish them to treat us:
"None of you [truly] believes until he wishes for his brother
what he wishes for himself." (See Hadith no. 13 in Imam Al-Nawawi's Forty
Hadiths). From this extends the principle that each individual is
of equal worth, simply because they are human. As such, every human being
should be considered of equal value despite superficial differences.
As mentioned above, the following verse lays the blueprint for
brotherhood between people:"O mankind, 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.." (Qur’an, 49:13)
Prophet Muhammad (peace be upon him) said, “An Arab has no
superiority over a non-Arab, or a non-Arab over an Arab, or a black person over
a white, or a white over a black person except by being more righteous.”
(Prophet’s Farewell Sermon).
It has been reported that during the Caliphate of Umar ibn-ul
Khattab, the son of Amr ibn al-As, the governor of Egypt entered into a horse
race with a native Egyptian Christian. The Egyptian won the race, which angered
Amr’s son who slapped the Egyptian. The Egyptian brought the issue before Umar,
who ordered the father and son to Medina and reprimanded him by saying, “Why do
you enslave people whose mothers have given birth to them as free human
beings.”
Professor Arnold Toynbee, the British historian who completed a
twelve-volume analysis of the rise and fall of civilizations, remarked: “The
extinction of race consciousness as between Muslims is one of the extraordinary
moral achievements of Islam, and in the contemporary world there is as it
happens a crying need for the propagation of this Islamic virtue.”
The Qur’an also contains numerous verses which beautifully capture
what it means to behave in a spirit of brotherhood as it encourages the
uttering of kind words, honesty, restraining anger, avoiding greed, practicing
forgiveness, giving due measure, condemning fraud and bribery, behaving humbly,
admonishing mockery and sarcasm, honoring one’s promises and commitments, and
encouraging peace, reconciliation, charity, tolerance, generosity and respect.
Article 3, UDHR: Everyone has the right to life, liberty and
security of person.
The ethic of reciprocity clearly covers this right too (as well as
most of the articles in the UDHR). The Qur’an also states: “Because of
this did we ordain unto the children of Israel that if anyone slays a human
being unless it be [in punishment] for murder or for spreading corruption on
earth-it shall be as though he had slain all mankind; whereas, if anyone saves
a life, it shall be as though he had saved the lives of all mankind.” (Qur’an,
5:32).
From this, we not only take cognizance of the fact that every
individual has the right to life, but that every life is sacred and that the
killing of one life is as atrocious as the destruction of the entire human
race. In Islam, the first and foremost basic right is the right to life.
Article 4, UDHR: No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited in all their forms.
All the spiritual teachings found in the Qur’an address the topic
of slavery in one way or another. For example, the Qur’an encourages the ethic
of reciprocity, the spirit of brotherhood, protects the sanctity and dignity of
human life, and calls for ending oppression of others. All these dictates stand
in stark contrast to the institution of slavery. Here is one very clear
passage: “… the way of blame is only against those who oppress [other]
people and behave outrageously on earth, offending against all right: for them
there is grievous suffering in store!” (Qur’an, 42:41).
God even specifically encourages the freeing of slaves in the
following passage:
“And it is not conceivable that a believer should slay another
believer, unless it be by mistake. And upon him who has slain a believer by
mistake there is the duty of freeing a believing soul from bondage and paying
an indemnity to the victim's relations.” (Qur’an 4:92)
And while the reader will note that the verse stipulates the
victim of the crime being "another believer", it should be emphasized
here that “believers” referred to in the Qur’an are all peoples that
believe in God, including the followers of the 25 prophets mentioned in the
Qur’an as well as the followers of all the thousands of Prophets not mentioned
in the Qur’an. This is evident in the following Qur’anic verse:
“Behold, We have inspired thee [O Prophet] just as we inspired
Noah and all the prophets after him- as We inspired Abraham, and Ishmael, and
Isaac, and Jacob, and their descendants, including Jesus and Job and Jonah, and
Aaron, and Solomon; and as We vouchsafed unto David a book of divine wisdom;
and as [We inspired other] apostles whom We have mentioned to thee before this,
as well as apostles whom We have not mentioned to thee; and as God spoke His
word unto Moses: [We sent all these] apostles as heralds of glad tidings and as
warners, so that men might have no excuse before God after the coming of these
apostles, and God is indeed almighty, wise.” (Qur'an 4:163)And:
“Verily, those who have attained to faith [in this divine
writ], as well as those who follow the Jewish faith, and the Christians, and
the Sabians - all who believe in God and the Last Day and do righteous deeds -
shall have their reward with their Sustainer and no fear need they have, and
neither shall they grieve.”(Qur'an, 2:62).And:
“Say: "We believe in God, and in that which has been bestowed
from on high upon us, and that which has been bestowed upon Abraham and Ishmael
and Isaac and Jacob and their descendants, and that which has been vouchsafed
by their Sustainer unto Moses and Jesus and all the other prophets: we make no
distinction between any of them. And unto Him do we surrender ourselves.” (Qur'an,
3:84).
Article 5, and 6, UDHR: No one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment. Everyone has the right to
recognition everywhere as a person before the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.
Again, the golden rule is “Do unto others as you would have them
do unto you.” The following Qur’anic verse alludes directly to the subject of
torture and other inhuman treatment of others:“…the way of blame is only
against those who oppress [other] people and behave outrageously on earth,
offending against all right: for them there is grievous suffering in store!”
(Qur’an, 42:41).
Moreover, Prophet Muhammad (peace be upon him) laid down the
ground rules for engagement in warfare during the battle of Badr, which took
place on March 17, 624 CE: Non-combatants cannot be killed, prisoners of war
cannot be tortured, temples and churches cannot be demolished, green trees
cannot be uprooted, standing crops cannot be destroyed and the wounded people
cannot be attacked. Some of these ground rules are evident from the following
Prophetic directives:
"Do not kill any old person, any child or any woman."
(Sunan Abi Dawood).
"Do not kill the monks in monasteries."
"Do not kill the people who are sitting in places of
worship." (Musnad ibn Hanbal).
It is an historical fact that during the battle of Badr, no
prisoner of war was tortured, because of these specific orders given by Prophet
Muhammad (peace be upon him), nor were there any custodial killings or
kidnappings. Not surprisingly, when Umar came with the suggestion that all
prisoners of war should be killed because they had fought against Muslims,
Prophet Muhammad (peace be upon him) chose to release them instead.
