The Meaning, Scope, and Importance of Human Rights Law and Natural Law

in the Light of International and Islamic Laws

JAWAD QAYUM

REG NO: 6243-FSL/LLB/F20

SECTION: B

_______________________________________________________________________

TABLE OF CONTENTS

INTRODUCTION:

1. Historical context

2. Universal decleration of Human Rights

International Covenant on Civil and Political Rights (ICCPR) and

International Covenant on Economic, Social and Cultural Rights (ICESCR):

ISLAMIC CONCEPT

1. Meaning & Scope of Human Rights Law

2. Definition of Human Rights

3. Characteristics & Nature of Human Rights

CLASSIFICATION OF HUMAN RIGHTS

1. Civil Human Rights

2. Political Human Rights

3. Economic Human Rights

4. Social and Cultural Human Rights

5. Development Oriented Human Rights

THEORIES OF HUMAN RIGHTS

1. Will Theory

2. Marxist theory

Universal Declaration of Human Rights and its impact on shaping

international human rights law

The International Human Rights Framework

The Islamic Approach

CHAPTER 2

BASIC HUMAN RIGHTS

1. The Right to Life

2. The right to safety of life

3. Respect for the chastity of women

4. The right to a basic standard life

5. Individual’s Right to Freedom

6. The Right to Justice

CONCLUSION:
Introduction to Human Rights Law

Human rights law is a crucial and evolving branch of international law that seeks to protect

and promote the inherent dignity, equality, and freedoms of all individuals, irrespective of

their nationality, ethnicity, religion, gender, or any other distinguishing factor. Rooted in

the recognition of the inherent worth of every human being, human rights law serves as a

universal framework for ensuring that individuals across the globe enjoy fundamental

rights and freedoms

Historical Context:

The foundations of contemporary human rights law can be traced back to various historical

milestones. The aftermath of World War II and the atrocities committed during that period

prompted the international community to establish a legal framework that would prevent

such egregious violations from occurring in the future. The Universal Declaration of Human

Rights (UDHR), adopted by the United Nations General Assembly in 1948, stands as a

seminal document that outlines a common standard of rights for all people.

Universal Declaration of Human Rights (UDHR):

The UDHR, often considered the cornerstone of human rights law, enumerates a

comprehensive set of rights and freedoms. These include civil and political rights, such as

the right to life, liberty, and a fair trial, as well as economic, social, and cultural rights,

including the right to education, work, and an adequate standard of living. The UDHR,
although initially a non-binding declaration, has played a pivotal role in shaping

subsequent treaties and conventions.

International Covenant on Civil and Political Rights (ICCPR) and

International Covenant on Economic, Social and Cultural Rights

(ICESCR):

To give legal force to the principles outlined in the UDHR, the United Nations developed

two international treaties: the ICCPR and the ICESCR. These covenants, adopted in 1966

and entering into force in 1976, respectively, elaborate on the civil and political rights and

economic, social, and cultural rights enshrined in the UDHR. Together with the UDHR, these

covenants form the International Bill of Human Rights.

ISLAMIC CONCEPT;

The concept of Islam is concept of the indivisibility of life; life has to be viewed as a whole

and organized as a whole. There is no priesthood in Islam. Thus Islamic state would be

theistic but not theocratic. Rights, fundamental or others, could be only rightly grounded in

the concepts of reality, truth and kindness. According to Islam, life does not end with death

but continues towards higher and higher elevations. It is in this sense that Islamic

principles are broader in outlook and eternal in existence.

Meaning & scope of Human Rights Law:

Human beings are born equal in dignity and rights. These are moral claims which are

inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of

caste, colour, creed, and place of birth, sex, cultural difference or any other consideration.

These claims are formulated in what is today known as human rights. Human rights are

sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights

and birth rights.

DEFINITION OF HUMAN RIGHTS:

The essence of human rights are brought to light and defined as “Human rights are those

minimal rights, which every individual must have against the State, or other public

authority, by virtue of his being a ‘member of human family’ irrespective of any

consideration. The Universal Declaration of Human Rights (UDHR), 1948, defines human

rights as “rights derived from the inherent dignity of the human person.” Human rights

when they are guaranteed by a written constitution are known as “Fundamental Rights”

because a written constitution is the fundamental law of the state.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS:

Following are the characteristics of human rights:

1. Human Rights are Inalienable - Human rights are conferred on an individual due to the

very nature of his existence. They are inherent in all individuals irrespective of their caste,

creed, religion, sex and nationality. Human rights are conferred to an individual even after

his death. The different rituals in different religions bear testimony to this fact.

2. Human Rights are essential and necessary - In the absence of human rights, the moral,

physical, social and spiritual welfare of an individual is impossible. Human rights are also

essential as they provide suitable conditions for material and moral upliftment of the

people.

3. Human Rights are in connection with human dignity - To treat another individual

with dignity irrespective of the fact that the person is a male or female, rich or poor etc. is

concerned with human dignity.

4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken

away by any power or authority because these rights originate with the social nature of

man in the society of human beings and they belong to a person simply because he is a

human being. As such human rights have similarities to moral rights.

5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a

purpose. The term “human right” is applied to those conditions which are essential for the

fulfillment of this purpose.

6. Human Rights are Universal – Human rights are not a monopoly of any privileged class

of people. Human rights are universal in nature, without consideration and without

exception. The values such as divinity, dignity and equality which form the basis of these

rights are inherent in human nature.

7. Human Rights are never absolute – Man is a social animal and he lives in a civic

society, which always put certain restrictions on the enjoyment of his rights and freedoms.

Human rights as such are those limited powers or claims.

8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human

rights go on expanding with socio-eco-cultural and political developments within the State.

Judges have to interpret laws in such ways as are in tune with the changed social values.

9. Rights as limits to state power - Human rights imply that every individual has

legitimate claims upon his or her society for certain freedom and benefits. So human rights

limit the state’s power. These may be in the form of negative restrictions, on the powers of

the State, from violating the inalienable freedoms of the individuals, or in the nature of

demands on the State, i.e. positive obligations of the State

CLASSIFICATIONS OF RIGHTS:

Human rights can be broadly classified on five bases.

They are:

Civil Human Rights

Political Human Rights

Economic Human Rights

Social and Cultural Human Rights

Development Oriented Human Rights

a. The seventeenth, eighteenth and nineteenth centuries contributed and strengthened the

civil and political rights, which assured civil and political liberties. The Civil and Political

Human Rights are collectively known as ‘Liberty Oriented Human Rights’ because they

provide, protect and guarantee individual liberty to an individual against the State and its

agencies. Liberty rights also referred to as Blue Rights are the First Generation of Human

Rights.

b. The twentieth century contributed to the development and strengthening of economic,

social and cultural rights and the rights of minorities as well. These rights aim at promotion

of the economic and social security through economic and social upliftment of the weaker

sections of the society. These rights are essential for dignity of personhood as well as for

the full and free development of human personality in all possible directions. These rights

ensure a minimum of economic welfare of the masses and their basic material needs,

recognized by the society as essential to civilized living. The economic, social and cultural

rights, including the rights of the minorities are collectively known as the “Security

Oriented Human Rights” because these rights collectively provide and guarantee the

essential security in the life of an individual. In the absence of these rights, the very

existence of human beings would be in danger. These are also known as the “Second

Generation of Human Rights”. They are also referred to as Red Rights or also as positive

rights. These rights along with the Civil and Political Rights were declared by the Universal

Declaration of Human Rights and later were recognized by (1) the Covenant on Civil and

Political Rights and (2) the Covenant on Economic, Social and Cultural Rights in December

1966
c. The Development Oriented Human Rights are of a very recent origin in the late twentieth

century. These rights enable an individual to participate in the process of all round

development and include environmental rights that enable an individual to enjoy the

absolutely free gifts of nature, namely, air, water, food and natural resources, free from

pollution and contamination. These are known as the Third Generation of Human Rights or

Green Rights. They are also called as Solidarity Rights, because their implementation

depends upon international cooperation.

Solidarity rights are of special importance to developing countries, because these countries

want the creation of an international order that will guarantee to them the right to

development, the right to disaster relief assistance, the right to peace and the right to good

government. Rights for Citizens and for all persons. All human rights can be further

classified into two distinct classes on the basis of the eligibility of individual, who can

exercise them as under

1. The rights for citizens and

2. The rights for all persons. Certain rights are conferred only on citizens. For eg. In the

Indian constitution provisions in Articles 15, 16, 19 and 29 are limited to citizens. The

remaining provisions in Part III of the Indian Constitution are applicable to citizens and

aliens alike.

THEORIES ON HUMAN RIGHTS:

INTEREST THEORY OF HUMAN RIGHTS:

The Interest theory was propounded by Jeremy Bentham (1748-1832), a utilitarian, stated

the importance of moral rights in legal systems, being highly critical of it at the same time.

According to his ideals, a person could be considered to vote if someone ratified it with

legal rules and regulations.

WILL THEORY OF HUMAN RIGHTS:

The will theory was given by H.L. Hart (1907-1992), where he cited the importance of

human freedom or liberty. He mainly focused on the freedom of every person, which means

that freedom and well-being are the two necessary conditions for a rationally purposive

agent in the first place. They are the essential prerequisites for a human being, were to be

human is to possess the capacity for rationally purposive action. However, each individual

is entitled to have access to them. However, both these theories faced their shortcomings

too, on basis of limiting interests and third-party interests in the Interest Theory and lack

of non-transferable rights and the cognitive abilities of the right holders in the Will Theory

respectively.

THE MARXIST THEORY OF HUMAN RIGHTS:

It can also be considered, where it was believed that property is the basis for coming into

existence of law and state, but the argument on this is that neither law nor state existed in

primitive society as there was no concept of private property. Therefore, it can be

rightfully said that the Marxist theory views human rights from a perspective very different

from others.
Universal Declaration of Human Rights and its impact on shaping

international human rights law:

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of

human rights. Drafted by representatives with different legal and cultural backgrounds from all

regions of the world, the Declaration was proclaimed by the United Nations General Assembly

in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of

achievements for all peoples and all nations. It sets out, for the first time, fundamental human

rights to be universally protected and it has been translated into over 500 languages. The

UDHR is widely recognized as having inspired, and paved the way for, the adoption of more

than seventy human rights treaties, applied today on a permanent basis at global and regional

levels (all containing references to it in their preambles).

THE INTERNATIONAL HUMAN RIGHTS FRAMEWORK:

In the post-World War II period, international consensus crystallized around the need to

identify the individual rights and liberties which all governments should respect, and

to establish mechanisms for both promoting States’ adherence to their human rights

obligations and for addressing serious breaches. Thus, in the decade following the war,

national governments cooperated in the establishment of the United Nations (UN)1.

the Organization of American States (OAS),[2] and the Council of Europe (COE),[3] each

1
Charter of the United Nations, Jun. 26, 1945, 1 U.N.T.S. XVI [hereinafter UN Charter].
including among its purposes the advancement of human rights.2 These intergovernmental

organizations then prepared non-binding declarations or binding treaties which spelled

out the specific liberties understood to be human rights, including the Universal

Declaration of Human Rights,3 American Declaration of the Rights and Duties of

Man,[5] and the European Convention for the Protection of Human Rights and Fundamental

Freedoms.[6] By the end of the 1950s, these three systems (United Nations, Inter-

American and European) had each established mechanisms for the promotion and

protection of human rights, which included the (former) UN Commission on Human Rights,

the Inter-American Commission on Human Rights, the (former) European Commission of

Human Rights, and the European Court of Human Rights.4 In subsequent decades, each

oversaw the drafting of human rights agreements on specific topics[7] and

created additional oversight mechanisms, which now include the United Nations treaty

bodies and Universal Periodic Review, the Inter-American Court of Human Rights, and

the European Committee of Social Rights.5 More recently, other intergovernmental

organizations have also established, or begun to establish, regional human rights treaties

and monitoring mechanisms. In Africa, the African Commission on Human and Peoples’

2
Statute of the Council of Europe, May 5, 1949, 87 U.N.T.S. 103, E.T.S. 1.
3
Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 at 71 (1948).
4
Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, ETS 5; 213
UNTS 221, entered into force Sept. 3, 1953 [hereinafter European Convention on Human Rights].
5
See, e.g. ,International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171; S. Exec.
Doc. E, 95-2 (1978); S. Treaty Doc. 95-20, 6 I.L.M. 368 (1967); International Convention on the Elimination
of All Forms of Racial Discrimination, Dec. 21, 1965, S. Exec. Doc. C, 95-2 (1978); S. Treaty Doc. 95-18; 660
U.N.T.S. 195, 212; American Convention on Human Rights, Nov. 21, 1969, O.A.S. T.S. No. 36; 1144 U.N.T.S.
143; S. Treaty Doc. No. 95-21, 9 I.L.M. 99(1969); Inter-American Convention to Prevent and Punish Torture,
O.A.S. Treaty Series No. 67, entered into force Feb. 28, 1987, reprinted in Basic Documents Pertaining to
Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc. 6 rev.1 at 83, 25 I.L.M. 519 (1992);
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
Oct. 10, 1994, E.T.S. 126, entered into force Feb. 1, 1989.
Rights and the African Court on Human and Peoples’ Rights monitor State compliance with

the African Charter on Human and Peoples’ Rights.6 The decline of the Soviet Union spurred

the formation of the Organization for Security and Co-operation in Europe (OSCE) which

recognized dialogue on human rights, political and military relations, and economic

development as being equally important to sustained peace and stability across Europe and

the (former) Soviet States.7 In Southeast Asia, the Association of Southeast Asian Nations

(ASEAN) has recently created the ASEAN Intergovernmental Commission on Human

Rights,[10] and the League of Arab States in 2009 created the Arab Human Rights

Committee.8 In addition, the UN, Inter-American, and African systems appoint individual

experts to monitor human rights conditions in a range of priority areas, such as arbitrary

detention and discrimination. These experts are often called rapporteurs, and they carry out

their work by receiving information from civil society, visiting countries, and reporting on

human rights conditions and the ways in which they violate or comply with international

norms. The Council of Europe’s Commissioner for Human Rights fulfills a similar role,

although his mandate is not issue-specific.[12] The UN High Commissioner for Human

Rights supports and coordinates the UN’s human rights activities, in addition to

6
African Charter on Human and Peoples’ Rights, June 27, 1981, 1520 U.N.T.S. 217, 245; 21 I.L.M. 58, 59
(1982).
7
Charter of Paris for a New Europe, Paris, 21 November 1990, 2nd Summit of Heads of State or
Government, Conference on Security and Co-operation in Europe (CSCE); and Budapest Summit
Declaration: Towards a Genuine Partnership for a New Era, Budapest, 21 December 1994, 4th Summit of
Heads of State or Government, Conference on Security and Co-operation in Europe (CSCE). For details on
origins of the OSCE, see http://www.osce.org/who.
8
See Mervat Rishmawi, The Arab Charter on Human Rights and the League of Arab States: An Update,
Human Rights L. Rev.10:1 (2010), 169-178.
independently addressing issues of concern through country visits, dialogue with

stakeholders, and public statements, much as rapporteurs do.9

The Islamic Approach:

The second point which I would like to clarify at the very outset is that when we speak of

human rights in Islam, we really mean that these rights have been granted by God; they have

not been granted by any king or by any legislative assembly. The rights granted by the kings

or the legislative assemblies, can also be withdrawn in the same manner in which they are

conferred. The same is the case with the rights accepted and recognized by the dictators.

They can confer them when they please and withdraw them when they wish; and they can

openly violate them when they like. But since in Islam human rights have been conferred by

God, no legislative assembly in the world, or any government on earth has the right or

authority to make any amendment or change in the rights conferred by God. No one has the

right to abrogate them or withdraw them. Nor are they the basic human rights which are

conferred on paper for the sake of show and exhibition and denied in actual life when the

show is over. Nor are they like philosophical concepts which have no sanctions behind them.

The charter and the proclamations and the resolutions of the United Nations cannot be

compared with the rights sanctioned by God; because the former is not applicable to anybody

while the latter is applicable to every believer. They are a part and parcel of the Islamic Faith.

Every Muslim or administrators who claim themselves to be Muslims will have to accept,

9
See Office of the High Commissioner for Human Rights, About Us, Who We
Are, http://www.ohchr.org/EN/AboutUs/Pages/WhoWeAre.aspx.
recognize and enforce them. If they fail to enforce them, and start denying the rights that

have been guaranteed by God or make amendments and changes in them, or practically

violate them while paying lip-service to them, the verdict of the Holy Quran for such

governments is clear and unequivocal:

Those who do not judge by what God has sent down are the dis Believers (kafirun). 5:44

The following verse also proclaims: "They are the wrong-doers (zalimun)" (5:45), while a

third verse in the same chapter says: "They are the evil-livers (fasiqun)" (5:47). In other

words this means that if the temporal authorities regard their own words and decisions to

be right and those given by God as wrong they are disbelievers. If on the other hand they

regard God's commands as right but wittingly reject them and enforce their own decisions

against God's, then they are the mischief-makers and the wrong-doers. Fasiq, the law-

breaker,is the one who disregards the bond of allegiance, and zalim is he who works against

the truth. Thus all those temporal authorities who claim to be Muslims and yet violate the

rights sanctioned by God belong to one of these two categories, either they are the

disbelievers or are the wrong- doers and mischief-makers. The rights which have been

sanctioned by God are permanent, perpetual and eternal. They are not subject to any

alterations or modifications, and there is no scope for any change or abrogation.

CHAPTER TWO: BASIC HUMAN RIGHTS:

The first thing that we find in Islam in this connection is that it lays down some rights for

man as a human being. In other words it means that every man whether he belongs to this

country or that, whether he is a believer or unbeliever, whether he lives in some forest or is

found in some desert, whatever be the case, he has some basic human rights simply because

he is a human being, which should be recognized by every Muslim. In fact it will be his duty

to fulfil these obligations.

The Right to Life:

The first and the foremost basic right is the right to live and respect human life.

The Holy Quran lays down’

Whosoever kills a human being without (any reason like) man slaughter, or

corruption on earth, it is as though he had killed all mankind ... (5:32)10.

As far as the question of taking life in retaliation for murder or the question of punishment

for spreading corruption on this earth is con- cerned, it can be decided only by a proper and

competent court of law. If there is any war with any nation or country, it can be decided only

by a properly established government. In any case, no human being has any right by himself

to take human life in retaliation or for causing mischief on this earth. Therefore it is

incumbent on every human being that under no circumstances should he be guilty of taking

a human life. If anyone has murdered a human being, it is as if he has slain the entire human

race. These instructions have been repeated in the Holy Quran in another place saying:

10
https://myislam.org/surah-maidah/ayat-
32/#:~:text=(5%3A32)%20Therefore%20We,given%20life%20to%20all%20mankind.
Do not kill a soul which Allah has made sacred except through the due process of law ...

(6:151)11.

Here also homicide has been distinguished from destruction of life carried out in pursuit of

justice. Only a proper and competent court will be able to decide whether or not an individual

has forfeited his right to life by disregarding the right to life and peace of other human beings.

The Prophet, may God's blessings be on him, has declared homicide as the greatest sin only

next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate

something with God and to kill human beings." In all these verses of the Quran and the

Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any

distinction or particularization which might have lent itself to the elucidation that the

persons belong- ing to one's nation, the citizens of one's country, the people of a particular

race or religion should not be killed. The injunction applies to all human beings and the

destruction of human life in itself has been prohibited.

The Right to Life' has been given to man only by Islam. You will observe that the people who

talk about human rights if they have ever mentioned them in their Constitutions or

Declarations, then it is clearly implied in them that these rights are applicable only to their

citizens or they have been framed for the white race alone. This can clearly be gleaned by the

fact that human beings were hunted down like animals in Australia and the land was cleared

of the aborigines for the white man. Similarly the aboriginal population of America was

systematically destroyed and the Red Indians who somehow survived this genocide were

confined to specified areas called Reservations. They also penetrated into Africa and hunted

11
https://quran.com/en/al-anam/151
down human beings like wild animals. All these instances go to prove that they have no

respect for human life as such and if they have, it is only on the basis of their nationality,

colour or race. Contrary to this, Islam recognizes this right for all human beings. If a man

belongs to a primitive or savage tribe, even then Islam regards him as a human being.

The Right to the Safety of Life:

Immediately after the verse of the Holy Quran which has been mentioned in connection with

the right to life, God has said: "And whoever saves a life it is as though he had saved the lives

of all mankind" (5:32)12. There can be several forms of saving man from death. A man may

be ill or wounded, irrespective of his nationality, race or colour. If you know that he is in need

of your help, then it is your duty that you should arrange for his treatment for disease or

wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off

death. If he is drowning or his life is at stake, then it is your duty to save him. You will be

surprised to hear that the Talmud, the religious book of the Jews, contains a verse of similar

nature, but records it in altogether different form. It says: "Whoever destroyed a life of the

Israelite, in the eyes of the Scripture, it is as if he destroyed the whole world. And whoever

protected and saved one life of the Israelite, in the light of the Scripture, it is as if he saved

the whole world."

Talmud also contains the view that if a non-Israelite is drowning and you tried to save him

then you are a sinner. Can it be given a name other than racialism? We regard it as our duty

12
https://myislam.org/surah-maidah/ayat-
32/#:~:text=(5%3A32)%20Therefore%20We,given%20life%20to%20all%20mankind.
to save every human life, because it is thus that we have been enjoined in the Holy Quran. On

the other hand, if they regard it necessary to save the life of a human being at all, it should be

the life of an Israelite. As far as other people are concerned, according to this view, they do

not seem to be human enough to deserve protection of their persons. In their literature the

concept of 'Goyim' for which the English word 'Gentile' and the Arabic word ummi (illiterate)

is used, is that they enjoy no human rights; human rights are reserved only for the children

of Israel. The Quran has mentioned this belief of the Israelites and quotes the Jews saying:

"There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the

ummi)" (3:75).

Respect for the Chastity of Women:

The third important thing that we find in the Charter of Human Rights granted by

Islam is that a woman's chastity has to be respected and protected under all

circumstances, whether she belongs to our own nation or to the nation of an

enemy, whether we find her in the wild forest or in a conquered city; whether she

is our co-religionist or belongs to some other religion or has no religion at all. A

Muslim cannot outrage her under any circumstances. All promiscuous relation-

ship has been forbidden to him, irrespective of the status or position of the woman,

whether the woman is a willing or an unwilling partner to the act.

The words of the Holy Quran in this respect are: "Do not approach (the bounds of)

adultery" (17:32)13. Heavy punishment has been prescribed for this crime, and the

order has not been qualified by any conditions. Since the violation of chastity of a

woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape

punishment whether he receives it in this world or in the Hereafter. This concept

of sanctity of chastity and protection of women can be found nowhere else except

in Islam. The armies of the Western powers need the daughters of their nation to

satisfy their carnal appetites even in their own countries, and if they happen to

occupy another country, the fate of its women folk can better be imagined than

described. But the history of the Muslims, apart from a few lapses of the

individuals here or there, has been free from this crime against womanhood. It has

never happened that after the conquest of a foreign country the Muslim army has

gone about raping the women of the conquered people, or in their own country,

the government has arranged to provide prostitutes1for them. This is also a great

blessing which the human race has received through Islam.

13

https://www.islamicstudies.info/tafheem.php?sura=17&verse=31&to=40#:~:text=%EF%B4%BF%D9%A3%D9%A2%
EF%B4%BE-
,(17%3A32)%20(viii)%20Do%20not%20even%20approach,act%2C%20and%20an%20evil%20way.&text=32-
,32.,and%20society%20as%20a%20whole.
The Right to a Basic Standard of Life:

Speaking about the economic rights the Holy Quran enjoins upon its followers:

And in their wealth there is acknowledged right for the needy and destitute. (51:19)14.

The words of this injunction show that it is a categorical and un- qualified order.

Furthermore this injunction was given in Makkah where there was no Muslim society in

existence and where generally the Muslims had to come in contact with the population of the

disbelievers. Therefore the clear meaning of this verse is that anyone who asks for help and

anyone who is suffering from deprivation has a right in the property and wealth of the

Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this

country or to that country, to this race or to that race. If you are in a position to help and a

needy person asks you for help or if you come to know that he is in need, then it is your duty

to help him. God has established his right over you, which you have to honour as a Muslim.

Individual's Right to Freedom:

Islam has clearly and categorically forbidden the primitive practice of capturing a free man,

to make him a slave or to sell him into slavery. On this point the clear and unequivocal words

of the Prophet (S) are as follows:

14
https://quran.com/en/at-tawbah/51
"There are three categories of people against whom I shall myself be a plaintiff on the Day of

Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this

money" (al-Bukhari and Ibn Majjah).

The words of this Tradition of the Prophet are also general, they have not been qualified or

made applicable to a particular nation, race, country or followers of a particular religion. The

Europeans take great pride in claiming that they abolished slavery from the world, though

they had the decency to do so only in the middle of the last century. Before this, these

Western powers had been raiding Africa on a very large scale, capturing their free men,

putting them in bondage and transporting them to their new colonies. The treatment which

they have meted out to these unfortunate people has been worse than the treatment given

to animals. The books written by the Western people themselves bear testimony to this fact.

The Right to Justice:

This is a very important and valuable right which Islam has given to man as a human being.

The Holy Quran has laid down:

"Do not let your hatred of a people incite you to aggression" (5:2). "15

15
https://islamicstudies.info/reference.php?sura=5&verse=2#:~:text=(5%3A2)%20Believers!,His%20bounty%20and
%20good%20pleasure.
"And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be

just; that is nearest to heedfulness" (5:8)16

Stressing this point the Quran again says: "You who believe stand steadfast before God as

witness for (truth and) fairplay" (4:135).17

This makes the point clear that Muslims have to be just not only with ordinary human beings

but even with their enemies. In other words, the justice to which Islam invites her followers

is not limited only to the citizens of their own country, or the people of their own tribe, nation

or race, or the Muslim community as a whole, but it is meant for all the human beings of the

world. Muslims therefore, cannot be unjust to anyone. Their permanent habit and character

should be such that no man should ever fear injustice at their hands, and they should treat

every human being everywhere with justice and fairness.

CONCLUSION:

In conclusion, the exploration of the meaning, scope, and importance of Human Rights Law

and Natural Law within the frameworks of international and Islamic laws reveals the

universal aspirations for justice, dignity, and freedom that underpin these legal principles.

Human Rights Law, rooted in international instruments such as the Universal Declaration of

Human Rights, transcends borders to establish a common standard for the protection of

16

https://islamicstudies.info/reference.php?sura=5&verse=8#:~:text=(5%3A8)%20Believers!,is%20nearer%20to%20
God%2Dfearing.

17
https://quran.com/4/135?translations=31,43,101,19,85,84,22,21,20,18,17,95
individuals and groups, emphasizing the inalienable nature of fundamental rights.

Concurrently, Natural Law, grounded in ethical and moral principles, serves as a foundation

for legal norms that resonate with the innate sense of justice across diverse cultural and

religious contexts.

The scope of these legal frameworks extends beyond mere theoretical constructs, finding

expression in regional mechanisms, domestic implementations, and enforcement

mechanisms that collectively work towards safeguarding human dignity. Within the Islamic

legal tradition, the integration of human rights principles aligns with the ethical teachings of

Sharia, emphasizing justice, equality, and compassion.

The importance of these legal paradigms lies in their capacity to address emerging

challenges, foster inclusivity, and promote a global order founded on respect for the inherent

worth of every individual. The interplay between Human Rights Law, Natural Law, and

Islamic principles highlights a convergence of values that, while rooted in different

traditions, share common aspirations for a just and harmonious world. As we navigate an

ever-changing global landscape, the continued dialogue and collaboration between these

legal frameworks offer a pathway towards a more equitable and humane future for people

of diverse backgrounds and beliefs.18

18
https://chat.openai.com/c/e3e7781d-e95c-4299-9a20-2b57b945ded9