Civil
Freedom
Islam
and Slavery
Political
Freedom
Justice
and Equality
In the
Name of God, the Beneficent, the Merciful
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 and Head of the Higher Council
for IslamicAffairs.
Heliopolis
Rabei - Al Awal 15,
1401 January 21, 1981.
TOP
THE UNIVERSAL DECLARATION
OF HUMAN RIGHTS IN
THE LIGHT
OF SHARI'A LAW OF
ISLAM
BY
Dr. ZAKARIA EL-BERRY
(Professor of
the Shari'a Law, Faculty of Law, Cairo University and, now Minister of
State for the Ministry of Religious Endowments)
The Universal
Declaration of Human Rights:
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 what soever 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:
"0 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
lovefor 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.
TOP
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
(c) Civil Liberty, and
(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.
TOP
F.Punishment
Of the Apostate:
The punishment due on apostasy as
established by Hadith is not inconsistent with the religious liberty assured
by Islam. It is not intended to compel a person to continue upholding a
creed he does no longer believe. The punishment for apostasy is not merely
because of the change of religion, which here is abandonment of Islam.
Otherwise, non-Muslim population live freely and safely and unmolested
in the protection of the Islamic state. Therefore, the punishment of the
apostate is because of his treasonable and deceptive conduct. During the
early life of Islam, some of its enemies conspired to intrigue against
it, urging some of them to pretend embracing it then declare their apostasy
to discourage people who might be contemplating conversion to Islam. When
they hear of conversion and apostasy they think that the apostates must
have discovered something wrong. The Quran refers to this in the following
text
"And a party
of the People of the Book say: Believe in that which has been revealed
unto those who believe, at the opening of the day, and then disbelieve
at the end thereof, in order that they may turn on their heel".
III, 72.
Imam Muhammad Abduh, in this connection,
says in his Tafsir of Chapter LXXVIII, vol. III, P.333: "This kind of conduct
related in this Quranic text is based on a natural human concept ; namely,
that one of the signs of the truth is that whoever believes in it will
never reject it. Hercules knew this rule very well when, in his discussion
with Abu Sufyan, about the Prophet Muhammad, having received a message
of invitation to Islam from the Prophet, asked Abu Sufyan ; Do those who
embrace his religion turn away from it? Abu Sufyan said, no. That deceptive
group of people in this respect intended to confuse the people who would
think that, had not they discovered a falsehood with it they would not
have turned away from it after they have embraced it and discovered its
hidden reality, since it is not likely that a person should turn away from
a truth he has embraced with persuasion without a reason. And it seems
to me, Muhammad Abduh continued, that the Prophet, peace and blessings
be upon him, did not order to kill an apostate except that he wanted to
frighten those who were conspiring against Islam to drive people away from
it and to cause confusion and doubt about it. Although such intrigues cannot
detract strong believers who have discovered the truth and adhered to it
firmly, they could affect those weaker in faith such as recent converts."
And in our own age, the question
of apostasy arises only in connection with one form or another of cunning
deception. Sometimes a person declares his or her conversion to Islam to
attain a materialistic aim or to marry a Muslim woman or divorce a husband.
They, at heart, remain loyal to their own religion and use the Islamic
religion as a toy for their selfish purpose after attaining which or failure
to achieve it, they turn away from Islam. Punishment stipulated for these
apostates is meant to protect the religious liberty from being abused or
misused. It will no longer be liberty but anarchy.
G. Freedom
Of Worship:
A corollary of the freedom of religion
is freedom of worship and the religious practices taught by religion. Therefore,
Islam, having held that non-Muslims should not be pressurized to embrace
Islam, has left them free to practice the tenets of their own religion
and did not require them to practice the Islamic tenets or interfere with
their practices or their religious places. Therefore, when 'Umar Ibn al-Khattab,
the Second Caliph, went with a contingent of his army to Jerusalem to conclude
a peace treaty with its inhabitants, they saw the ruins of a building almost
burned in the earth. When they inquired about it and were told it was a
Jewish temple obliterated by the Romans, 'Umar and his company removed
the dust until the temple was cleared and reopened for the Jewish worship.
And in his covenant concluded with
the inhabitants of Jerusalem, 'Umar wrote down : "Here is what the servant
of God, 'Umar Ibn al-Khattab, Commander of the Faithful, has granted the
people of Jerusalem. He guaranteed them peace and security and protection
for themselves and their property and their churches and their crosses.
Their churches shall not be inhabited (by others), nor shall they be demolished
or reduced and the church properties shall not be violated. They shall
not be oppressed for their religion, and none of them should be harmed".
And when 'Umar was in the Church
of Sepulchre and the time of prayer for Muslims was due, he went to pray
outside the Church. When he was asked why he did so, he said, "I fear if
I should pray inside a Church that Muslims may claim it later for their
own prayers on the pretext of 'Umar's prayer inside it". A mosque built
in the spot where 'Umar prayed still survives, standing as an evidence
testifying to the tolerance and justice of Islam and its guarantee of the
religious liberty - creed and practice
And 'Umar Ibn Abd al-Aziz, (the
most righteous Caliph among the Umayyads) wrote to Al-Hassan al-Basri
asking him: Why did the (four) Righteous Caliphs left the non-Muslims free
remain as they were, practicing their own tenets ? Al-Hassan wrote to him
: "Islam obligatorily commands that they should be left free as they are.
You yourself are to follow and not to start innovations".
H. Intellectual
Freedom:
Intellectual power is a feature
peculiar to human beings, a gift from God to man with which God has honored
him. It is because of it that man was subjected to moral and religious
obligations. Reflective thinking is both man's nature and intellectual
function, and therefore, it is an Islamic obligation. The Holy Quran speaks
of this obligation as follows:"Say (0 Muhammad) :
Travel in the earth and see how He (God) originated (all) the created things,
then Allah bring forth the later growth. Lo! Allah is able to do all things".
XXIX, 20.
"Have they
not traveled in the land, and have they hearts wherewith to feel and ears
wherewith to hear? For indeed it is not the eyes that grow blind, but it
is the hearts which are within the bosoms, that grow blind". XXII,
46.
It is on this account that the (leading)
scholars of Islam held the view that credulous belief deprived of reflective
thinking does not count. They were also of the opinion that Reason (not
only religion), calls for seeking to understand the scriptures, both the
Quranic and Hadith texts, and also for reflection on their meaning and
implications as well as the struggle to derive the religious rules and
obligation (from the text) by the use of the tool of analogy in order to
provide legal guidance in the interest of society. This is in fact the
basis and aim of the Shari'a of Islam. Whoever so struggles will deserve
his reward with God for his efforts, even if he should fail to make the
right judgement (for it only God Who knows the ultimate truth).
I.Civil Freedom
:
Islam has also laid the sound foundation
for the civil freedom, asserting that every individual, man or woman, is
a free and responsible agent, free to handle and decide his personal affairs,
including financial matters, without any undue interference or hindrance.
Every person, according to Islam, is master of himself, with an independent
personality. Each person has the right to possess (the fruit of his labor)
and to buy and to sell, to give away gifts, to make a will and to get married.
He is entitled to do anything that (he believes) will realize his personal
or common interest.
J. Islam and
Slavery :
Islam came when slavery was a widespread
institution, and it sought to relieve humanity from its evils and vigorously
called for the emancipation of the slaves . 'Umar once said, "How can you
enslave people whereas they were born free?".
God has made freedom the natural
birthright of all people. Islam, having found slavery a deeply rooted social
and economic order, worked for its gradual elimination. Therefore, enslaving
some war prisoners was permitted only in exceptional situations of necessity
such as when the enemy enslaves Muslim prisoners, and therefore, Muslims
had to reciprocate by enslaving the enemy's prisoners in order to exchange
them for the liberation of Muslim slaves. Otherwise, war prisoners are
to be either freed without any price or penalty or with payment of a price
depending on what is best for the community in the situation. The Quran
in this question, reads:"Now when you meet in battle
those who disbelieve, then it is smiting of the necks until when you have
routed them, then making fast of bonds ; and afterwards either grace or
ransom until the war lay down its burden". LVII, 4.
Moreover, Islam has opened many
avenues for the liberation of slavery. One is that Islam has made emancipation
of a slave a mandatory expiation on commitment of certain legal violations.
Another avenue is that emancipation is one of the channels of dispensing
of the proceedings of the zakat. A wide gate is that God has made freeing
a slave one of the most charitable acts that brings a person closer to
his Lord and assured him great rewards in Paradise. The Prophet, peace
and blessings be upon him, says: "Whosoever frees a slave God will free
him from the punishment of Hellfire, each part of his body against its
counterpart in the body of the emancipated slave."
Therefore, if we see the world having
freed itself from this evil practice we realize that this was in full agreement
with the teachings of Islam enlightened by its guidance and taking hints
from its tenets.
K. Political
Freedom:
Political freedom means that each
individual who is of sound mind has a right to participate in determining
the policy of his Government and watching over and criticizing its executive
departments. Islam has guaranteed this right and made obligatory sharing
in running the affairs of the Government through consultation. The Quran
reads:".... and consult with them upon the conduct
of affairs." III, 159.
"... and those
whose affairs are (determined by) consultation among themselves."
XLII, 38.
L. Justice
and Equality:
Justice, equality and equal opportunity
are among the basic rights due to each individual in order to ensure social
justice. This will be made very clear from the following explanation.
a) All people, as human beings,
are emphatically stated to be equal. Descent, family connections, color
and wealth make no difference. Only noble deeds and honorable achievements
count. The Almighty God says:"Verily, the best of
you in the sight of Allah is the best in conduct.", XLIX, 13.
And the Prophet said:
"0 you people!
Your Lord is One. Your (original) father is one. All of you are offsprings
of Adam, and Adam's origin was dust. The noblest among you is the most
God-fearing person.An Arab does not have a right to claim superiority over
a non-Arab, nor has a non-Arab a right to claim superiority over an Arab,
except through righteous deeds. 0 Lord ! Please witness that I have conveyed
(the message). And (you listeners), let those who are now present convey
to those who are absent".
In this powerful style, the Prophet,
peace be on him, has destroyed all racial and other discriminatory grounds
artificially claimed by selfish and conceited forces. Therefore, a murderer
deserves to suffer capital punishment, having encroached upon the life
of a human being, no matter how powerful or influential or connected the
murderer might be, and whether his victim is male or female, of sound or
unsound mind, learned or illiterate, Muslim or non-Muslim. This is so on
the basis of the principle of human equality established by the Almighty
God Who says:"And We have prescribed for them therein
: the life for the life..." V, 45.
b) Islam also asserted equality
of all citizens before the law. In this respect the Quran reads:"Verily
Allah commands you to restore trusts to their owners ; and that when you
judge between people you should judge with justice." IV, 58.
"...and let
not hatred of any people provoke you to deal with them unjustly. Deal (always)
justly. That is nearer to piety." V.,8.
And the Prophet, peace and blessings
be upon him, says:
"Only their
injustice, destroyed those who came before you. When a member of nobility
committed a theft, he did not suffer the punishment of cutting the hand,
but when a commoner committed the same offence, they were quick to sever
his hand ! By God! Should Fatimah, my own daughter commit a theft, I myself
shall be the one to cut off her hand".
And the First Caliph, in his "inaugural"
address, said:
"0 you people ! By God, there shall
be no stronger person with me than a weak person until I restore him to
his right nor shall there be a weaker person with me than a powerful one
until I extract the right of others from him."
c) Economic Rights: Equal opportunities
are assured to all people in the area of work (jobs), production, seeking
one's sustenance and ownership. These economic activities are created to
enable the individual to meet his own needs and the needs of his family
and the needs of his societies. The Holy Quran calls upon all people to
get engaged in work, to travel and seek sustenance. It reads:
"He (God)
is Who has made the earth subservient unto you, walk in the path thereof
and eat of His bounties." LXVII, 15.
"And We have
indeed settled you firmly with power on the earth and provided the rein
means of living (livelihood)." VII, 10.
"It is He
Who had made the earth a convenient place and threaded therein roads for
you; He also sends down abundant water from the sky whereby We have brought
forth diverse varieties of vegetation. So, eat and drink (with joy and
health), and feed your cattle and beasts. In all this there are indeed
crying signs for those of reflective thought." XX, 53-4.
d) Financial Social Solidarity: In
Islam, wealth, in the final analysis, belongs to God Who enjoins:"...
and bestow upon them from the wealth God has bestowed upon you." XXIV,
33 (thus attributing the whole wealth to Himself .)
Yet, wealth is after all for common
good of the community. The Quran states:
"It is He Who
had created for you all that which is on earth." II, 28.
"And give not
unto those who cannot manage their own affairs your wealth which God has
bestowed upon you to maintain." IV, 5.
Nevertheless, wealth belongs to and
is the possession of the individual who legitimately earns it. He possesses
it and may use it and invest it to provide his needs and promote his own
interests and those of his family and community within the prescribed limits,
and should pay off the obligation due to the state and to the needy obligations
which God has trusted to those with fortune. God the Almighty says:"And
in their wealth, there is a defined right due to the beggar and the destitute."
L. 9.
"And give
the kinsman his due, and the needy and the wayfarer and squander not your
wealth in wantonness." XVII, 26.
The Shari'a of Islam has guaranteed
to every person living under its auspices to enjoy a satisfactory living,
owing to its teachings pertaining to the payment of Zakat (prescribed alms),
the institution of religious endowments and the emphasis on general charity,
as well as its rules pertaining to the mandatory payment of maintenance
due to members of one's family and also those rules governing the administration
of the state revenues.
e) Religious Equality: According
to the rule established by the Prophetic traditions, non-Muslim inhabitants
should enjoy rights and obligations equal to those due to Muslims. A tradition
states : "To them, (meaning non-Muslims) is due what
is due to us; and from them is due what is due from us". There can
be no more eloquent assertion of equality.
f) Sex Equality: Islam also
teaches that women are equal to men and calls upon women to play their
roles, like men, in the areas of worship, work, production and social services.
A woman is entitled to fill public jobs according to her qualifications
and ability, as each person is created with some special talents. The Almighty
God says:"And the believers, men and women, are protecting
friends one of another. They enjoin the right and forbid the wrong, and
they establish worship and pay the poor due and obey Allah and His Messenger."
IX, 71.
Islam asserts the woman's individual
capacity and personal independence, and entitles her to undertake financial
business and manage her property on her own, independently from her father
and husband, as much as a man can do. She can buy and sell, may grant gifts
and bequeath a will. She can work in an agricultural farm, in factory and
sign contracts. She has a right to inherit from the estate of a deceased
relative or a deceased husband, though her share is often half that of
her inheriting brother, a fair adjustment in view of the financial burden
incumbent on man alone, (in having to provide for his wife and children
whereas a women as wife or daughter is provided for). (As stated earlier),
a woman may occupy a public office within her ability and according to
her qualifications. And so, she is man's partner in society each complements
the other in a cooperative bond, not in a way of wasteful repetition or
unthinkable identical role. This (differentiation) is due to natural differences,
both in certain features and endowed gifts, which, in the interest of society
have to be rightly, and correctly applied. God the Almighty says:"Let
not some of you covet that which God has bestowed upon the other, (i.e.
envy not each other ) . To men there is a right in that which they have
earned, and to women there is a right in that which they have earned."
IV, 32.
G) If we should review the rest
of the human rights stated in the Universal Declaration of Human Rights,
they will be found to comply with the principles and rules set out in the
detailed analysis of the Shari'a law of Islam. Some of these have been
alluded to above ; so let us examine some of the other principles (which
the Universal Declaration has in common with Islam.)
1) (The rule) that a defendant is
innocent until he is proven guilty, is an Islamic legal principle. The
individual is originally innocent (before committing a violation), and
violation is accidental and needs evidence (in order to be proved). Therefore,
according to Shari'a, doubt or suspicion should not condemn the defendant.
2) Islam endorsed the principle
calling for the protection of the private and domestic life from any undue
interference, and the protection of the individual's honor from slander.
This is clear from the prescribed punishment of slanderers, and from reading
the following Quranic texts:"0 my bondmen who believe
! My earth is indeed spacious." XXIX, 56.
"Whosoever migrates
for the cause of God will find much refuge and abundance in the earth,
and whosoever forsakes his home, a fugitive unto Allah and His Messenger,
and death over takes him, his reward is then incumbent on Allah".
IV, 100.
"Verily those
whom the angles take (in death) while they wrong themselves, (the angels)
will ask: In what were you engaged? They say:We were oppressed in the land.
(The angels) will say : Was not Allah's earth spacious enough for you to
migrate therein ? As for such, their habitation will be hell, an evil journey's
end!" IV, 97.
3) The right to rest and leisure
due to everyone is strongly advocated by Islam. The Prophet, peace and
blessings be upon him said, "Verily whosoever continues
on his journeying (without interruption to rest and relieve his riding
beast) will neither be able to reach his destination nor spare his riding
beast !" He also said : "Your body has a right
on you".'
4) Again, the right of everyone to
education is fully emphasized in Islam, which made seeking knowledge an
obligation both on men and women. The Prophet said, "Seeking
knowledge is obligatory both on believing men and believing women". Another
tradition commands : "Seek knowledge (everywhere)
even in China".
H. We mentioned earlier that there
are nevertheless between patterns human rights as called for in Islam,
and some of the proclaimed in the Universal Declaration. One of these is
related to the institution of marriage, which is a strongly recommended
and praised practice in Islam as the Quran commands,
"And marry
such of you as are solitary and the pious of your slaves and maid servants."
XXIV, 32.
I
honored to participate. The following
recommendations were made by that Seminar:
a) To set up a special committee
(consisting of well-qualified experts), with the special task of preparing
a well-documented paper on human rights in Islam, based on the Quran and
the Prophetic traditions. The paper should also demonstrate how these rights
were respected during the early part of the history of Islam, and how that
religion from the time of its inception, has not only honored mankind and
asserted his rights and liberty but regarded respect of these rights a
religious obligation incumbent both on society and the individual himself.
The individual must resist encroachment on his freedom and any violation
on his right, and society must repair any such violation.
b) To set up another Islamic Committee
that would collaborate with the Human Rights Committee of the United Nations,
and would help in promoting respect of the human rights due to all people
of all creeds wherever they may live.