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Human Rights in Islam

Article · January 2019

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Harun Hadžić
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Dr. HarunHadžić:

HUMAN RIGHTS IN ISLAM

On the occasion of December 10, the International Human Rights Day

"O you who believe! Stand out firmly for Allah as just witnesses; and let not
the enmity and hatred of others make you avoid justice. Be just: that is nearer
to piety; and fear Allah. Verily, Allah is Wwll-Acquaintedwith what you
do”. "And had your Lord willed, those on earth would have believed, all of
dhem together. So, will you (O Muhammad s.a.w.s.) then compel mankind,
until they become believers”. "And among His Signs is the creation of the
heavens and the earth, and the difference of your languagees and colors ..."
"O mankind! We have create you from a male and a female, and made you
into nations and tribes, that you may know one another..." –(Qur`an, 5: 8,
10:99, 30:22 and 49:13) .

In the last fifty years, on the 10th day in December, the Human
Rights Day is celebrated in the world. That date, in 1948, the General
Assembly of the United Nations, adopted Universal Declaration of Human
Rights, which for the first time in history, in such a systematic way
prescribed basic and inalienable human rights and freedoms, which, as
natural rights, belong to people, regardless of any differences, and to which
respect, to date, most of the states of modern times have committed
themselves.

It is less known that 23 years ago, more precisely on September 19,

1981, the Conference of Islamic Countries passed the so- The General
Charter of Human Rights in Islam, whereby, as some of the "human rights
theorists" have assessed at that time, bring "one such document" with the
desire to "capture a step" with advanced movements in the modern world.

If we exclude from God published Book, the genesis of human rights

dates from ancient times, and the first document with immediate guarantees
of human rights, in accordance with concrete occasions and conditions, is the
so-called Great Charter of Freedom, (Magna CartaLibertatum) which was
proclaimed in 1215, John Lackland, the king of England. King John gave
first the freedom to the church, and then to "all the free people of England."
The more important acts adopted after this period are the Habeas Corpus Act
of 1679, and The Bill of Rights - Law of Rights of 1689, which guarantees a
greater scope of rights and freedoms to the people of England. Next are the
documents of other states - the Declaration of Independence of the 13 States
of America, from 1776, and the French Declaration of the Rights of Man and
Citizens from 1789.

The essential commitment of all these acts is - that people are created
equal and endowed with the unquestionable rights in which they belong -
life, freedom and the pursuit of happiness, that people are working and living
free and equal in rights, that every political association has the goal of
preserving natural and the independent rights of man, that freedom consists
in the ability to do everything that does not harm others.1

Otherwise, the development of human rights was gradually going - at

the state, regional and international level, and in literature it can be tracked in
stages: before the First World War, between the two world wars, after the
Second World War, and in the new era, especially after the fall of the Berlin
Wall, and the breakdown of the communist system in the world.
Essential documents issued by the UN, following the Universal
Declaration… mentioned above, are two international pacts on: Economic
and Social, and Civil and Political Rights, as well as Human Dimension
Documents, adopted by the OSCE, and the Framework Convention on the
Rights of Minorities adopted by the Council of Europe, and others. However,
in this paper, these documents will not be elaborated.2
The aim of this article is to emphasize human rights from the point of
view of Islam, as the faith of the Muslims, as a teaching, and, as a glimpse of
the world. So, in order to reject unfounded criticisms of Western theorists on
Islam, and to make it clearer - why did Islamic countries, and in general
Islamic systems, not want to bring more of their human rights instruments, it
should be noted that this is because of the difference in understanding the

1
See more: Dr. VladanVasilijevic - Human Rights, Proceedings, Prometheus, Belgrade,
1991, p. 11.

2
See more: NebojšaVučinić - Fundamentals of Human Rights and Freedoms, CID
Podgorica, 2001. p. 43.
concept of law. So, the human rights, in Western civilization is human
creation, and in Islam is Allah's creation. That is why Western law has its
beginning and end, its wanderings and its attempts to upgrade itself through
experience and practice, while Islamic law, as God's revelation, has its
timeless and non historical dimensions, which have a source in God's
creation, and the human mind has no what to add, change, proclaim. The
sources of Islamic law are the Qur'an, the Sunni, the Idzma, and the Chias,
and all are based on the divine revelation. Islamic law is God's testament for
people on earth, which serves to regulate interpersonal relationships and the
overall human organization of society. It is an integral part of the complete
faith of Islam and must not be changed and violated. Thus, there is a clear
conclusion that for muslimsthe Qur'an is the most complete "charter" of
human rights and freedoms.
Of course, in order to operationalize human rights in Islam, they were
brought through history, certain documents by Islamic authorities, or Islamic
states. For the sake of illustration, in addition to the above-mentioned
General Charter ..., we also emphasize the Medina Charter from the time of
the Prophet Muhammad's a.s., which, as a legal norm, was based on the
principles of Islam, passed in 612, and for which, for the first time in history,
in such a fair and complete manner, the relations of different human
communities were regulated, this time in the city of God's Prophet - Medina,
and to: Muslim, Jewish, Christian and idolatrous.3
The Cairo Declaration, adopted in 1990, by the Conference of Islamic
Countries, which was intended to contribute to the international codification
of human rights and freedoms, should also be mentioned. It is said, as
mentioned above, that the Universal Declaration of Human Rights means
globallythe same thing that is the Cairo Declaration means for the Islamic
World. The provisions of this declaration are also based on the principles of
the Qur'an, and, in the best sense, express Islamic universalism, because the
Qur'an is the most eminent human rights code.4
There are many examples in history that speak of the tolerance of
Muslims and the Islamic authorities and the state, towards other nations,
3
See more: But Bulach - Islam and Democracy,Theocracy and Totalitarianism, Ljiljan,
Sarajevo, 1996 p. 130.
4
See Wider - SeadHodzic: A Look at Human Rights in Islam, Takvim 1998. p. 173.)
 religions and civilizations. Such is the example of Sultan Mehmed II, El
Fatih, who in 1463, issued the famous Ahdnama (Charter) which guaranteed
the rights and freedoms of the Franciscans and other non Islamic faiths in
Bosnia, then the example of KhalifSalahuddinAjubi from the time of the
Crusades, who sent his personal doctor to the commander of the crucesignati
army in Palestine, Richard the Lion's Heart, to heal him, even though the war
was going on between them, and many other examples.
The question is - why the socalled the modern Western world, and in
particular Europe, silences, ignores and conceals, humanism, tolerance and
philanthropic relations between Islam and Muslims towards the human race,
regardless of any differences. Europe and the whole Western world behave
as if they were the only creators of human freedom and the only right,
progressive and humane civilization, while all others were suppressed,
negated and ignored in one way or another. European philosophy says that
"Asians can become cultural only under the direct influence of Europe" -
which both served as an ideological basis for aggressive and conquering
wars and gross violations of human rights, according to the Islamic world, to
the old and modern crusaders.
On the other hand, the Islamic world, through the Qur’anic concept
of coexistence, always called for dialogue, with the desire to be accepted as a
partner, not as a subordinate and marginalized side.
Therefore, when it comes to human rights, according to the verses
from the beginning of this text, Muslim intellectuals today can not perform
inferiorly. Europe has forgotten its great debt to the Islamic world, who was
a teacher of Europe and the West.
And on the occasion of Human Rights Day, Europe and the West
should be reminded that their egocentrism and ethnocentrism, prejudice and
colonial attitude towards the Islamic world (not to mention the issue of
Afganistan, Iraq, Chechnya, Palestine, Bosnia, Libya, Syria, etc.) represent a
barrier to dialogue, coexistence, mutual understanding and respect, and the
establishment of peace and stability in the world.

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