The Qur’ān says that man is created in the best of moulds. God gave man best and purest nature. Hence it is the duty of man to preserve it. By making man vicegerent of Allah, his position is elevated above all creatures. With this man is given another honour by subjugating other creatures to him.
This honoured position of man coupled with the concept of Tauheed (Oneness of God) gives man the desired freedom, which guarantees his dignified position. The Qur’ān strongly condemns those, who after having been given such an elevated and honoured position, coupled with best nature, and for whom all other creatures have been subjugated, violate his position in any way.
It is not possible to understand nature, and importance of human rights unless we understand the exalted position of man, whose life, property, dignity and honour, etc. all are protected.
Another aspect the Qur’ān deals in detail, is the humble origin of man. By this and the concept of man’s trusteeship, all things belong to God and all matters return to Him. The Qur’ān wants that man should not become arrogant, and hauteur. Egoism should not creep into his self, by which he dares to violate the rights of others.
PERFECT EQUALITY
As far as the protection and discharging human rights are concerned, the Qur’ān establishes a perfect equality among all men. No partiality or excuse has a way in it. When the matters of protection of human life, property, dignity and honour, security of personal/ private life, social and economic rights are concerned, there is no scope for differentiation among men. It is the case where the freedom of speech, equality and justice is concerned. The Qur’ān commands its followers not to discriminate men in matters of human rights, on the basis of colour, caste, creed, religion, geographical area, rich or poor, strong or weak, Muslim or non-Muslim, supporter and opponents, etc.
JUSTICE: A FUNDAMENTAL RIGHT
To get justice is a fundamental right; particularly it becomes more important when it becomes the last means to protect human rights. The Qur’ān at various places enjoins Muslims to behave with all people in a just manner, even when the near and dear ones may come under the scanner of justice. An Islamic Government is bound to establish Justice for all citizens without any discrimination. Really speaking, establishment of Justice should be the fundamental duty and purpose of the Islamic government.
Muslims were strictly enjoined that no enmity or hostility, whatsoever it may be, should come in the way of justice. They have to do justice even with their enemies. The verses 5:8; 57:25 support the above contentions.
DUTIES AND RIGHTS
The Qur’ānic outlook about human rights is that everyone should honestly discharge his duties regarding others, which of course are their rights. Thus if everyone discharges his duties in the social setup then, there will be no need of demanding rights. This does not mean that the Qur’ān is against the struggle for getting fundamental rights. But the point is that the Qur’ān moulds a mental and positive set up and wants to establish a society wherein there is no need to cry for rights, since one’s duty is other’s right.
The Qur’ān reminds the rich person as:
And in their wealth and possessions (was remembered) the right of the (needy) him who asked and him who (for some reason) was prevented (from asking).
LEGAL ASPECT OF HUMAN RIGHTS
In Islam human rights are neither ‘defensive’ nor ‘protective’ in nature, to save the poor citizens from powerful rulers. According to Islamic view, both the rulers and subjects are bound by an agreement of obedience to God. Here God Himself fixes the rights and duties, and both of them are supposed to obey these commandments in their respective circles. Human rights in Islam are part of the Qur’ān and Sunnah (Tradition of Prophet Muhammad). That is why they are “irrevocable” and not “negotiable.” The rights and duties never clash with each other. Thus the human rights become divine, and eternal.
In case of their violation an individual is free to seek intervention by the competent court. They become “fundamental rights” of man which not only include right to protection of life, but right to property, dignity, right to equality and justice, freedom of speech and freedom of faith. They also include the rights of gene, the right of newborn to sucking, the right of women to her dower (Meher) etc. These commands are termed hudud-ullah (limits set by God).
SPECIAL PROTECTION TO NON-MUSLIMS
Thus it is evident that in the matter of human rights, Islam does not discriminate between believers and non-believers. It would be better to see in brief the special treatment non-Muslims enjoy in Islam about their fundamental rights.
Prophet Muhammad (peace and blessings of Allah be to him) said, “Be aware, whoever exploits the non-Muslim subjects of Islamic government, violates their rights, or burdens them or receives something from them without their consent, on the Day of Judgment I will plead their case.”
Such strong warnings were not given even for Muslims, whereas in case of violation of non-Muslims’ rights, Prophet Muhammad will fight for them. In the light of such serious remarks, who can dare to violate the rights of non-Muslims? Similar instructions are reported from the righteous caliphs also.
Non-Muslim writers noticed the effect of these teachings also. We see the testimony of Montgomery Watt about this.
ALL-INCLUSIVE, COMPREHENSIVE RIGHTS
Human rights in Islam are comprehensive to the extent that they start from the conception of baby in her mother’s womb, and do not end even at the death of an individual. Even the dead bodies also enjoy certain rights, because of their humanness.
These human rights cover all possible human relations, e.g. social, economical, political, etc. Apart from the Qur’ān books of Hadith and Fiq are filled with these details.
To conclude, we see that:
Islam gives importance to human rights to such an extent that there are various concessions to persons not able to perform any of the obligatory Ibdah (Prayers).
We also see after analysing the commandments of the Qur’ān that, in its social, economic and moral teachings, they all lead to fulfil one or the other human rights, and the needy are guaranteed due concessions.
The second part of the Qur’ānic commands which bar man from certain things, are also, helpful in upholding human rights or checking their exploitation e.g. prohibition of beer, pork, gambling, lottery, backbiting, faultfinding, etc. This guarantees the sanctity of human dignity and protects his private life. So is the case with the prevention of murder, theft, dacoity, fraud, scandals, etc. This guarantees the protection of life and property.