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HUMAN RIGHTS AND OBLIGATIONS

IN ISLAM
SEQUENCE

 Introduction
 Significance of Fundamental Rights
 Qur’anic Society And Muslim Society
 Rights And The Responsibilities
 Right to Life, Property And Honour
 Right to Faith, Justice And Equality
 Right to Education, Freedom of Expression
 Rights of Women in Islam
 Rights of subordinates, Poor & Wayfarer
 Rights and Obligations of Non- Muslims
 Last Sermon of the Holy Prophet (SAWS)
 Conclusion
INTRODUCTION
 The Universal Declaration of Human Rights (UDHR) defined
commonalities in all Religions presently followed in this
world.
 An accepted expression of the obligations entailed by these
rights is essential to defining the moral code at the center of
agreement among world’s belief systems and moving towards
a more peaceful world.
 It is encouraging to note that most of the Rights declared in
UDHR are in conformity with Human Rights given in Islam.
CONT…..

 Human rights in Islam are derived from the natural rights.


Similarly, human responsibilities in Islam are derived from
natural responsibilities. In order to establish a natural right,
the authority for such is a natural capability.
 The difference seen in the natural rights between the genders,
however, is not simply due to the gender itself, but it is due to
the role the gender has the ability to play – such as husband,
father, mother, wife, daughter, brother etc.
 This is in contrast to the secular philosophies where rights are
defined on the basis of gender.
CONT….
 All human rights are indivisible, whether they are civil and
political rights, such as the right to life, equality before the law
and freedom of expression; economic, social and cultural
rights, such as the rights to work, social security and education
or collective rights, such as the rights to development and self-
determination, are indivisible, interrelated and interdependent.

 The improvement of one right facilitates advancement of the


others. Likewise, the deprivation of one right adversely affects
the others.
SIGNIFICANCE OF FUNDAMENTAL RIGHTS

 In the recent years, the world has started to feel the difficulties
of not pairing rights and responsibilities.

 The distribution of these intricate rights and responsibilities is


intended to define the "well-balanced civilization" that has
been envisioned in Islam and thus form a cohesive domestic
and civil society bonds.
HUMAN RIGHTS IN 1973 CONSTITUTION

 Laws inconsistent with or in derogation of fundamental rights


to be void.
 No person shall be deprived of life or liberty save in
accordance with law.
 Safeguards as to arrest and detention
 Right to fair trial, speech and writing
 Slavery, forced labour etc, prohibited
 Security of property and honour
QUR’ANIC SOCIETY AND MUSLIM SOCIETY!

The distinction between the Qur'anic society and a Muslim


society has become an issue in the modern era.

While there should be no contradiction or distinction between


the two, however, media coverage of the false practices
committed by some Muslim societies in the name of Islam,
gives impression other than that of a just and equal religion.
CONT…..

 The Qur'anic society is of the well-balanced nature of the


Holy Qur'an itself and the related Ahaadith. It excludes any
contradictory practices done by Muslims or Muslim nations.

 When the Islamic philosophy and jurisprudence are put into


practice correctly, and the human rights and responsibilities
are identified and enforced, a well-balanced civilization can
then be fully realized.
ISLAMIC SOCIETY & THE HUMAN RIGHTS

 Islam advocates for the basic Human Rights to all Mankind


without discriminating race, colour or creed. After an incident
occurred in Egypt, the 2nd Caliph of Islam Hazrat Umar (RA)
said to the Governor of Egypt:-
‫متی استعبدتم النّاس و قد ولدتھم ا ّمھاتھم احرارًا‬
“Since when you have made the people slaves whereas they
were borne by their mothers free?”   

 According to Islamic teachings, all men are born free and


equal, in dignity and in rights.
RIGHTS AND THE RESPONSIBILITIES

 The fulfillment of duty by the each individual is a prerequisite


to the rights of all. Rights and the duties are interrelated in
every social and political activity of man.

 While rights exalt individual liberty, duties express the dignity


of that liberty.

 The Holy Prophet (SAWS) said:


“A man amongst you does not believe till he likes for his
brother what he likes for himself” (Muslim)
RIGHT TO LIFE, PROPERTY AND HONOUR

 Islam gives every individual right to life. Those who deny the
right of others are transgressors.
 The Holy Qur’an Says:-
‫س اوفسا ٍد فی االرض کانّما قتل النّاس جمیعًا‬
ٍ ‫من قتل نفسًا بغیر نف‬
“If someone killed a person not in retaliation of murder, or
spreading mischief in the land – it would be as if he killed all the
mankind”. (Al-Mayeda: 32)
 Punishment for miscreants and decoits is prescribed as: They
should be killed severely or crucified or their hands and feet be
cut off from opposite sides or be exiled from the land.
. (Al-Mayeda: 33)
CONT…..
 It is the duty of a community, society and the Govt. to:
a. Act towards other people as brothers and sisters, born free
and equal, in dignity and obligations.
b. Respect and protect the life, liberty and personal security
of all people. 
 The Holy Prophet (PBUH) said:
‫ضہ‬
ُ ‫المسلم علی المسلم حرام دمہ و مالہ و ِعر‬
“Blood, property and honour of a Muslim is sacred for the
other Muslim”. (Abu Dawood)
Hence, it is obligatory on every
Muslim to protect the life, property and chastity/ dignity/
honour of other Muslims. In fact, it applies to all members
of society in general.
CONT….
 For a civilized society, reciprocating in a positive manner is a
source of promoting harmony, peace and brotherhood.
 The Holy Qur’an says:
‫ادفع بالّتی ھی احسن ال ّس ٔیِّۃ‬
“ Repel the evil with a method which is the best”.
(Al Mu’mnoon :96)
 The Holy Prophet (SAWS) said:
‫المسلم من سلم المسلمون من لّسانہ و یدہ‬
 (True) Muslim is one, from whose hands and tongue, other
Muslims are safe.
CONT…..

 Explaining the rights of brother Muslims, the Holy Prophet


(SAWS) said:
‫المسلم اخوالمسلم ال یظلمہ وال یحذلہ والیحقرہ‬

“ A Muslim is brother of other Muslim. He does not oppress


him, does not defame him and does not look down at him”.
RIGHT TO FAITH, JUSTICE AND
EQUALITY

 Islam does not force people to believe what they do not


believe. Allaah has allowed a free mind and the ability to
reason to all humans, therefore all religious sentiments are
given due respect. However, missionary work should not be
such that it causes offense to the people of other faiths. The
Holy Qur’an says:

“There is no compulsion in (accepting) the religion”.

(Al Baqarah: 256)


CONT….

 Allaah makes it clear in the Holy Qur’an that the Muslim’s duty is
simply to show & remind people of their responsibility to exercise
their mental faculties. He says: “Remind them, for you are but a
reminder; you are not to be a warder over them”.
. (Al Ghaashiyah: 21-22)

 Also, He said: “If they submit, then truly they are rightly-guided;
but if they turn away, it is your duty to convey the message to
them”.
(Aal e Imraan:20)
CONT…..

 Islam supports the principles of the unity of all mankind.


The human beings should be free to go beyond all bonds
of kinship. They should not be party to racial superiority,
linguistic arrogance, or economic privilege.

 In Islamic thought, the ideal society is the one in which


there is justice, peace, love & cooperation, and everyone
is free to worship according to his own level of awareness.
Here everyone has equal rights, for they are all born equal.
The Holy Qur’an says:
CONT….

 “O mankind! We created you from a single (pair) of a male


and female, and made you into nations and tribes, that you
may know each other. Verily, the most honoured of you in the
sight of Allaah is the one who is the most righteous of you”.
. (Al Hujuraat: 13)

 In a Hadeeth the Holy Prophet (SAWS) has said:


“People are all equal like the teeth of comb”.
.
(Bukhaari)
CONT….

 Islam stresses that the justice should also be impartial, even if


it involves making decisions against members of one’s own
family. It says:
“O believers! Be staunch in justice, witnesses for Allaah, even
though it be against your- selves, or (your) parents or (your)
kindred; whether a rich or a poor man, for Allaah is nearer
them both (than you are), so do not follow emotion lest you
lapse (from truth)”.
. (Al Nisaa’: 135)
CONT….

 Personal animosity should never interfere with proper justice.


Allaah Almighty says:
“O believers! Stand out firmly for Allaah, as witnesses to fair
dealing, and let not the hatred of others to you swerve to
wrong and depart from justice. Deal justly, that is next to
piety: and fear Allaah, for lo! Allaah is well acquainted with
all that you do”. .

(Al Mayedah: 8)
CONT….

 Islamic concept of justice and equality desires every member


of the human society to act according to ways ordained by
Allaah and make a solid contribution to the progress of the
society which gives and protects his fundamental rights
without which he cannot make his positive contribution to the
development in thought and action.

 Man has been made custodian of this world and as a custodian


he has equal rights and duties.
RIGHT TO EDUCATION

 Seeking of knowledge is an obligation on the individuals and


provision of education is the duty of the society and State.
Every human being has a right to receive both religious and
worldly education from the various institutions of teaching.

 So, it is not just a right that every human should be allowed to


seek knowledge, but actually in Islam all the individuals have
a responsibility of doing so.
FREEDOM OF
EXPRESSION/MOVEMENT
 Islam directs to allow all people freedom of opinion and
expression without interference. Let them seek, receive and
express thoughts and opinions in any way they wish, without
regard for status.
 Hazrat Umar (RA) was taken into account by another Muslim
while the former was delivering Jumuah sermon, for having
additional cloth for his shirt from Bait ul Maal. The Caliph had
to give the clarification in front of the Public by producing his
son Hazrat Abdullaah as witness who said that he donated his
share of cloth to his father.
CONT….

 Islam allows all people freedom of movement and place of


residence within the country.

 King of ‘Habashah’ Najjaashi, allowed Muslim immigrants to


live with freedom in his country which was actually because
of the divine commandment in Christianity.

 The same order was promulgated in Islam and hence, after


conquest of Makkah Makarramah, the Holy Prophet
(SAWS) announced freedom for all opponents to live where
ever they liked.
RIGHTS OF WOMEN

 A women has a right to financial support from her husband. It is


obligatory on the husband to provide whatever the wife needs in
her life, like food, dress, and accommodation etc.
 Thus, she is released from any obligation to work and to earn her
own living – although she may still choose to do so, in the given
parameters of Islam.
 In exchange, however, she has a responsibility to guard the home
when the husband is away and remain obedient to him in matters
in which she is required to obey him as per the marriage contract.
 She also has all the rights to acquire knowledge and to
participate in social activities those are beneficial and useful for
the society.
RIGHTS OF SUBORDINATES AND SLAVES

 Hazrat Abu Zarr (RA) reports that he said to the Holy Prophet
(SAWS):-
“I abused a person by calling his mother with bad names.”
The Prophet (PBUH) said to me, ‘O Abu Zarr! Did you abuse
him by calling his mother with bad names? You still have
some characteristics of ignorance. Your slaves are your
brothers and Allaah has put them under your command. So,
whoever has a brother under his command should feed him
of what he eats and dress him of what he wears. Don’t ask
them (slaves) to do things beyond their capacity and if you do
so, then help them.” .

(Bukhaari)
CONT….
 Abu Burdah (RA) narrates that Holy Prophet (SAWS) said:

“Three persons will have a double reward:

1. A Person from the people of the scriptures who believed in


his Prophet (Moses or Jesus ) and then believed in the Prophet
Muhammad (i .e. has embraced Islam).

2. A slave who discharges his duties to Allaah and his master.

3. A master of a woman-slave who teaches her good manners


and educates her in the best possible way (the religion) and
manumits her and then marries her.”
(Bukhaari )
RIGHTS OF POOR AND WAYFARERS

 Islam has laid down the rights of poor and wayfarer a


“Pay the due of it (crops) on the day of its reaping”.

(Al An’am-141)

 “Ibn e Sabeel” is a term used for wayfarer. A specific portion


of Zakaat is his right. It is to be given to needy wayfarers who
are out of their pockets during journey.
RIGHTS OF NON-MUSLIMS

 All Non-Muslims living in an Islamic State, whether they are


Jews, Christians, Sabians, Sikhs or Hindus etc are called
Zimmees.

 As a rule, Muslims and Zimmees have the same rights and


are subject to the same obligations in an Islamic State.
However, Zimmees are not allowed to be the President of the
Islamic State or even to be Leaders in the Army or Judges
among Muslims, since such are in fact religious positions to
conduct worldly affairs and protect the Muslim authority by
applying the religion.
CONT…..
 Islam secures personal freedom for Zimmees in the Muslim
State, i.e. no one can bother or jail a Zimmi without Shari'a
ruling.
 Their houses, properties, shops, and so on, are secured in the
Muslim state.
The Holy Prophet (Sallallaah o Alaihi wa Sallam) and all
Caliphs ordered Muslims to treat them kindly and keep their
properties safe.

 The Prophet (Sallallaah o Alaihi wa Sallam) said:


"Anyone who harms a Zimmi, I will be his litigant and I will
be the one to be an opponent on the Day of Judgement".
CONT…..

 Zimmees have the right to freedom of belief, i.e. to be free to


convert to Islam or remain on their religion, although it is our
duty to invite them to Islam and to argue with them kindly if
required.

 The above right is one of their fundamental rights as also this


constitutes the basis of the contract with them. So, the Muslim
State has to protect their places of Worship against any
internal or external aggression.
CONT…..

 They have also the right of expression except to invite


Muslims to their religion, in word or in deed.

 They also have the right to perform their Worship within their
places of worship and villages.

 However, they are not allowed to show their forms of Worship


among Muslim gatherings and on the roads or propagate and
preach their religion or culture among them.
CONT….

 The letter of Hazrat Umar Ibn e Abdul Aziz to the Governor of


Basrah is one of the glittering characteristics of the Islamic
civilization:
“Look for the Zimmees who become old and weak and who
cannot earn their livelihood & devote a grant that may mend
their lives”.

 Zimmees are not allowed to sell pork and wine. Like Muslims,
they are also banned from dealing with Ribaa (usury/interest).
FORFEITURE OF RIGHTS

 In Islamic Society an individual can claim welfare from the


state, but if he/she commits a crime, then he/she has violated
his/her responsibility to the state to remain law abiding and
thereby gives up his/her rights.

 In international laws also, the right to liberty may be restricted


if a person is found guilty of a crime by a court of law.
LAST SERMON OF HOLY PROPHET (SAWS)

 Verily, your blood and your properties are as sacred and


inviolable (respected) as the sacredness of this day of yours,
in this month of yours, in this city of yours.

 Behold! Everything pertaining to the days of ignorance is


under my feet and completely abolished.
CONT…..

 Abolished are also the blood-revenges of the days of


ignorance. The first claim of ours on blood-revenge which I
abolish is that of the son of Rabi’ah Ibn Al-Haarith, who was
nursed among the tribe of Sa'd and was killed by Huzail.

 And the usury of the pre-Islamic period is abolished; and the


first of our usury I abolish is that of my uncle 'Abbas Ibn e
Abdul Muttalib, for it is all abolished.
CONT…..

 Fear Allaah concerning women! Verily you have taken them


on the security of Allaah, and living with them has been made
lawful unto you by words of Allaah. You too, have right over
them, and that they should not allow anyone even to sit on
your bed whom you do not like.

 But if they do that, you can chastise (punish physically) them


but not severely. Their rights upon you are that you should
provide them with food and clothing in a befitting manner.
CONT….
 I have left among you the Book of Allaah (Holy Qur’an),
if you hold fast to it, you would never go astray.

 You would be asked about me (on the Day of Resurrection),


(now tell me) what would you say? They (the audience) said:
We will bear witness that you have conveyed (the message),
discharged the duty of Prophet-hood and given the wise
(sincere) counsel.

 The Holy Prophet (SAWS) then raised his fore-finger towards


the sky and pointing it at the people said:
O Allaah be witness, O Allaah be witness, O Allaah be witness
CONCLUSION

 Islam is the religion of peace and promotes peace for living in


harmony with all the human beings irrespective of their colour,
race and creed.

 Islam makes very sure that exercise of universal obligations is


limited by law solely to secure due recognition and respect for the
rights, freedoms, and obligations of others and to meet the just
requirements of morality, public order and general welfare in a
democratic society.

 Last words of the Holy Prophet Muhammad (SAWS) signify the


importance Islam gives to the down trodden of the society.
 

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