ManRights.pdf

MAN'S RIGHTS IN ISLAM

Dr. Zakaria EL-BERRY

ß Introduction

ß The Universal Declaration of Human Rights

ß The Quran Also Reads

ß Islam and Human Rights

ß Freedom of Religion

ß Punishment of the Apostate

ß Freedom of Worship

ß Intellectual Freedom

ß Civil Freedom

ß Islam and Slavery

ß Political Freedom

ß Justice and Equality

In the Name of God, the Beneficent, the Merciful

Introduction

A brief message entitled "Human Rights in Islam" and delivered before conferences and

seminars, both at home and abroad, had its English translated text, as prepared by the

Islamic Centre in Washington and its French translation, as prepared by the People's

Assembly Translation Department, not fully compatible, prior to their addressing to some

conferences, with the Arabic-published original text.

This is justifiably because the Arabic - written paper appeared in several ways which

varied according to the difference in subject and title, a matter impelling occasionally the

handling, with more care, of some basics against others.

I hope the message bears good for its Muslim reader to further entrench his faith in

Islamic Shari'a and for its non-Muslim reader to become better acquainted with the

grandeur, tolerance and mercy of Islam and its tendering of mankind at large. We have

only sent you for the good and welfare of humanity.

May God guide us along the right path.

Zakaria EL BERRY

Minister of State for Wakfs

Head of the Higher Council for Islamic Affairs

Professor of the Shari'a Law, Faculty of Law, Cairo University

Heliopolis, Egypt

Rabei - Al Awal 15, 1401 / January 21, 1981.

The Universal Declaration of Human Rights

in the Light of Shari'a Law of Islam

A. On December 10, 1948, the General Assembly of the United Nations proclaimed the

Universal Declaration of Human Rights, consisting of 30 clauses with a Preamble which

stated:

"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 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 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.

"Now, therefore, the General Assembly proclaims this Universal Declaration of Human

Rights as a common standard of achievement for all people and all nations."

B. No doubt, all these rights so declared simply aim at assuring freedom and dignity of

the individual, and achieving justice and equality between all people. Yet the Shari'a of

Islam and its wisdom preceded the United Nations not only in proclaiming and insisting

on these human rights by fourteen long centuries, but it revealed and asserted the divine

origin of these rights in wider and deeper dimensions which laid down the foundation

pillars of freedom, justice and equality and honored all human beings with no distinction

or discrimination. This can be made clear from the following facts:

First: The object of the Shari'a of Islam is the liberation of man through unshaken belief

in pure and uncompromising monotheism, thus honoring man and raising him (above all

creatures) and providing him with the factors of dignity, self-esteem and honor all of

which is implied in the Quranic words:

"Verily we have honored the children of Adam. We carry them on the land and the sea,

and have made provision of good things for them, and have preferred them above many

of those whom We created with a marked preferment." Chapter XVII, Verse 70.

"Surely We created man of the best stature." Chapter XCV, Verse 4.

So God has honored man and blown into him of his spirit. He also caused the angels to

prostrate to him in respect. In this connection, the Quran reads: "And remember when

your Lord said unto the angels: Lo ! I am creating a mortal out of potter's clay of dark

mud altered. So, when I have made him and have breathed unto him of my spirit, do fall

down prostrating yourselves unto him. So the angels fell prostrate, all of them together,

Save Iblis. He refused to be among the prostraters" XV, 28-31.

God honored man and made him His trustee in the earth, to populate it and to make

good use of all the bounties God has provided in it in order that man may benefit from

these bounties and enjoy prosperity and comfort on earth. God has made all that is in

the heavens and all that in the earth subservient to man and bestowed on him all favors

clear and concealed. In this connection, God says in the Quran:

"Believe in Allah and His Messenger, and spend of that whereof He has made you

trustees ; and such of you as believe and spend (aright), theirs will be a great reward."

LVII, 7. And says:

"He is Who has created for you, all that is in the earth." II, 29.

And said: "See you not how Allah has made subservient (or sub-serviceable) to you

whatsoever in the sky and whatsoever in the earth and has loaded you with His favors

both without and within?" XXXI, 20.

And said: "And if you should seek to count the favors of Allah, you cannot reckon them."

XVI, 18.

God sums up the objective of the Islamic mission in achieving mercy for all peoples. The

Quran, addressing the Prophet Muhammad, peace and blessings be upon him, reads:

"We did not send you save as a mercy for the people." XXI, 107.

This divine mercy so stated in the Shari'a of Islam can only flow forth through the

positive response to its teachings and the endeavor to achieve its goals, in a spirit

emanating from a true inner feeling derived from man's consciousness of the human

brotherhood and awareness of the common ancestral origin-no matter what racial or

color or religious or linguistic differences might exist. It is a feeling that makes these

human rights a natural reality (rather than merely a legal demand) and a common factor

between all the members of the human family based on the unity of origin, the unity of

fatherhood (Adam) and the unity of motherhood (Eve) and therefore, their offspring

should be regarded equal in all rights and privileges at all times and through all

generations. The Holy Quran refers to this fact and draws the hearts and attention to it in

frequently addressing mankind by the phrase. "0 You children of Adam, (e.g. VII, 26 and

31)" The Quran further explains this universal brotherhood as follows: "0 mankind! Be

careful of your duty to your Lord Who created you from a single soul, and from it He

created its mate and from them twain He has spread (abroad) a multitude of men and

women." IV, 1.

The Quran also reads:

"O you mankind ! Lo! We have created you male and female, and have made you nations

and tribes that you may know one another. Lo! the noblest among you, in the sight of

Allah, is the best in conduct." XLIX, 13.

In this way, God, in His Holy Book, draws attention to this universal ancestral bond,

which should foster mutual sympathy, respect, collaboration and solidarity among all

members of the large yet single human family. The Prophet, peace be upon him, depicts

this universal human bond most eloquently in His saying:

"The likeness of the believers in their mutual sympathy and cordiality is like the human

body in that when a part of it complains (of some pain) all the other parts share its

misfortune, suffering fever and sleeplessness".

The awareness of this universal ancestral bond should cause each person to crave for his

fellow man as much as he craves for himself, whether it is the right to be treated with

dignity and justice and equality, or to enjoy liberty and be let to pursue happiness

without any hindrance. This attitude is an essential feature of the Islamic religion ;

without it, it is imperfect. This is assured by our prophet who stated:

"None of you can be a perfect believer unless he loves for his brother as much as he love

for himself".

Secondly: The Shari'a of Islam, as a heavenly declaration of human rights, is certainly of

a much higher order than any human declaration or charter. A heavenly proclamation is

naturally respected and awed and must be obeyed and duly applied as part of a divine

religion, respect of which derives from the depth of the religious conscience and man's

awareness of the divine watchful eye, from which nothing can be hidden or concealed.

Furthermore, as divine teaching, it is sanctioned and supported by the belief in reward

and punishment in a life to come: God assures rewards for obedience and warns of

punishment for negligence. This is apart from the fact that as a heavenly proclamation, it

has a legal binding that has to be protected by the institutions of the law including the

courts and the rulers whose function includes the protection of religion and the conduct

of the affairs of the state in accordance to the religious tenets. The power and authority

of these rulers and other legal agencies are to comply with the interest of the social

order, as much as any thing else has to agree and conform with its aim and objective. In

addition, the divine proclamation is further sanctioned and protected by the force of

public opinion, very much acknowledged in Islam, which urges that people should

command what is good and forbid what is evil. The Quran reads: "And let there be from

amongst you a nation who invite to goodness, and enjoin right conduct and forbid

indecency..." III, 104.

Islam and Human Rights

Let's now explain briefly the attitude of Islam toward the basic human rights.

D. First: Right to Freedom , which can be analyzed into:

(a) Religious Freedom

(b) Intellectual Freedom

(d) Political Freedom

E. Freedom of Religion:

The religious freedom, which can be defined as the right of the individual to uphold any

creed without any external pressure or coercion, is duly assured in the Holy Quran which

declares:

"There is no compulsion in religion. The right direction is henceforth distinct from error".

II, 256.

And it states that the Divine Will did not by any means compel people to believe or obey,

but it further condemns such compulsion. It reads: "And if your Lord willed, all who are in

the earth would have believed together. Would you, (Muhammad) compel men until they

are believers ?". X, 99.

And God defines to His Messenger, may His peace and blessings be upon him, the goal of

his message, limiting it to mere explanation, conveyance and reminding, but no undue

pressure of compulsion or domination. He says in His Holy Quran: "And say: (it is) the

truth from the Lord of you (all). Then whosoever will, let him believe, and whosoever will

let him disbelieve". XVIII, 29.

"And thus, remind them, for you are merely a re-minder.

You are not at all a warder over them". LXXXVIII, 21 - 22.

And He states: "The duty of the Messenger is only to convey (the message)." V, 99.

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