Syed Jalaluddin Umari, Chairman Shari’ah Council Jamaat-e-Islami Hind and former Amir of the organisation, joins the international community and human-rights-loving people across the world in observing December 10, the International Day of Human Rights, and presents how Islamic teachings on human rights excel in letter and spirit modern charters of human rights.
December 10 is observed as Human Rights Day the world over. About 71 years ago, it was this day in 1948 that member countries of the United Nations adopted this document now known as Universal Declaration of Human Rights (UDHR). In this Charter fundamental human rights have been codified and member countries have been asked to ensure that these rights are honoured and such laws are devised as can guarantee them, and in case of violation they can be referred to.
This UDHR is climax of the struggle that had been raging between citizens and rulers in western countries during the last three centuries. Earlier rulers had despotic rights and citizens had to live on their mercy. Gradually citizens developed political consciousness and awareness in regard to fundamental human rights, and launched movements to achieve them. As a result, citizens got powerful so much so that they could participate in governance, and democratic countries gave protection to these rights in their respective constitutions. Later, eastern countries also adopted them. But, to the people in the West, these fundamental rights have been subservient to their respective national interests. The rights they give to their nation are often denied to other nations. As for eastern countries, their citizens have to fight hard for those rights; despite this it is difficult for them to avail them. In most cases, they stand deprived of them.
In regard to human rights, Islam holds distinction from the various perspectives. The rights people claim to have got after long struggle were declared by Islam without any conflict over fourteen centuries ago, holding the State duty-bound to fulfil them. The Messenger of Allah (ﷺ) said: “The leader, who rules over people, is their caretaker and he shall be accountable about them.” (Bukhari and Muslim)
One who leads the nation must not think that he is the absolute authority, free from all limitations and no one can call him to account. He is accountable to God about how he treated his people. In a democracy, people have the right to accountability, but the ruler somehow evades it. Islam gives the concept of the Day of Judgement with no way of escape therefrom.
The rights envisaged by Islam are available to every human being. They cannot be snatched away from anyone, nor can they ever be abrogated; even enemies and war prisoners cannot be deprived of them.
In the Islamic scheme of things, all human beings hold equal rights, whether they belong to any race, speak any language, and live in any part of the world. The basis of this concept is that all are the slaves of God and all are the children of Adam.
“An Arab has no superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab; a white has no superiority over a black, nor does a black have any superiority over a white; [none have superiority over another] except by piety and good action.” (Musnad Ahmad)
PROTECTION OF RIGHTS OF THE WEAK
The weak, whether governments or nations, sections of society or individuals, have been always kept deprived of fundamental rights. Those who hold the reins, with the force and might of their power, they trample them under their boots. Iqbal has painted this scenario thus: Hai Jurm-e-Zaeefi Ki Saza Marg-e-Mafajat! (That weakness is a crime punishable by death).
Here comes Islam as protector of the rights of the weak. It describes their rights in detail and enjoins people to fulfil them. It says that God has made these rights binding; so, if one commits negligence in their fulfilment or violates them, God will hold him accountable for it.
RIGHTS OF WOMEN
The weakest section of the society is woman. In every age, she has been deprived of her natural rights and even today, despite all development and enlightenment, she faces violation and exploitation. Earlier, woman was considered an appendage, and today she is consoled with the term ‘better half’. Islam has treated her with full rights. The birth of a daughter was considered ominous and its news used to sadden the entire family; and even today they are not allowed to see the light of day with the help of latest technology. Islam says that woman holds her own separate personality. It gave her status equal to man. It fixed for her share in inheritance and ensured her economic stability.
“Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share.” (Surah Al-Nisa: 7)
Marital relationship is very delicate and important. This is established with Nikah. For this, Islam has deemed it necessary to seek the will and permission of the woman:
“A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought.” (Bukhari and Muslim)
Islam declared Maher as the right of woman and enjoined man to pay it mandatorily:
“Give women their dower as a free gift.” (Surah Al-Nisa: 4)
It enjoined man to behave with woman, politely and good-manneredly:
“Consort with them in a goodly manner.” (Surah Al-Nisa: 19)
It deemed good behaviour with woman greatness of man and his moral superiority:
“The most complete of the believers in faith is the one with the best character. And the best of you are those who are best to their women.” (At-Tirmidhi)
Girls have been taken as burden, and even today the mentality is there. Their birth used to be considered ominous. Islam regarded the birth of girls as blissful, and gave the good tidings of Paradise on their bringing up in an appropriate manner:
“Whoever supports two girls till they attain maturity, he and I will come on the Day of Resurrection (close to each other) like this – Messenger of Allah joined his fingers to illustrate closeness.” (Muslim)
Rights of orphans and widows
Society looks down upon the child whose father is now no more and the woman who has turned widow. Nobody takes care of them. Both live in a hapless condition. A widow is taken as ominous. Her life is worse than death. Islam enjoins people to behave with orphans and widows, to take care of them and to fulfil their rights; and regard those who commit negligence in this regard or usurp their rights as criminals.
The Qur’an prohibits man from embezzlement of the wealth of orphans. (Al-Nisa:2, Al-Ana’m:152, Bani Israel: 34) It threatens one who commits it with the Fire of Hell. (Al-Nisa:10) It prohibits man from looking down upon, reviling and browbeating them. (Al-Fajr:17, Al-Duha:9, Al-Ma’un:2) It enjoins us to behave orphans, feed them and spend our wealth on them. (Al-Baqara:83, 177, 215; Al-Nisa:8, 36; Al-Dahr:8, Al-Balad:15)
The Messenger of Allah (ﷺ) said: “One who strives on behalf of widows and the poor is like those who fight in the way of Allah or those who spend their days fasting and their nights praying.” (Bukhari and Muslim)
In another hadith Allah’s Messenger said: “I and the caretaker of the orphan will enter Paradise together like this, raising (by way of illustration) his forefinger and middle finger jointly, leaving no space in between.”
On one occasion, Allah’s Messenger (ﷺ) said: “O Allah, I have issued a warning in regards to the rights of two vulnerable groups: orphans and women.”(Ibn Majah, Ahmad, Nasai, Hakim)
RIGHTS OF SLAVES AND SUBORDINATES
In the Arab society, slaves were deprived of all human rights. They were made to work like animals. They lived like voiceless creatures. They held no position in society. The same position is that of bounded labourers in our society. Islam declared slaves as brothers on purely humanitarian ground, told their masters to take complete care of them, and not to extract their labour they could not bear. The Messenger of Allah (ﷺ) said:
“Your slaves are your brethren upon whom Allah has given you authority. So, if one has one’s brethren under one’s control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).” (Bukhari)
RIGHTS OF LABOURERS
The labourer has been leading a poor and hapless life in every society. To earn his livelihood and support his wife and children, he has to work very hard. If he does not get a day’s wage, his family has to suffer starvation. Generally, the wealthy and affluent section does not feel his pain. It makes him work under duress. It does not give him full wage or delays its payment. The Messenger of Allah (ﷺ) has given strong warning in this regard:
“Allah said, ‘I will be an opponent to three types of people on the Day of Resurrection:…. One who employs a labourer and takes full work from him but does not pay him for his labour.’ ” (Bukhari)
In another hadith, the Messenger of Allah said: “Pay the worker his wages before his sweat has dried.” (Ibn Majah)
Rights of Minorities
Minorities can be included among the weaker sections of society. Generally, minorities lead their lives on the mercy of the majority. Even if they have constitutional guarantee to equal rights, they stand victim to the oppression and tyranny of the majority. Every now and then attacks are made on their lives and properties, honour and dignity; and they do not find themselves in a position to take defensive measures. If the majority enjoys administrative support, the difficulties of minorities increase. Seeking justice from courts does not remain that easy. Islam stands as protector of the rights of minorities living in an Islamic state. It strongly warns Muslims against indulging in violence and oppression on the followers of other religions; and enjoins them to keep from any kind of excesses, not to play with their honour and dignity or embezzle their wealth and properties, and to do justice with them, failing which they would be subjected to severe punishment in the Day of Judgement. The Messenger of Allah (ﷺ) said:
“Remember, one who oppresses a dhimmi (a non-Muslim living under a treaty in an Islamic state), insults him, overburdens him or takes some of his belongings without his will, I shall plead for that oppressed (non-Muslim) on the Day of Judgment.” (Abu Dawood)
Let the ambience be against oppression
Islam wants to create such ambience that can make people stand up against any oppression so much so that they catch hold of the hands of oppressors and stop them from committing tyranny. A hadith has to say:
“O My servants! I have forbidden dhulm (oppression) for Myself, and I have made it forbidden among you, so do not oppress one another….” (Muslim)
On one occasion the Messenger of Allah (ﷺ) enjoined his companions not to be negligent in this regard:
“If people see someone committing oppression and do not stop him, it is feared that Allah will punish all.” (Abu Dawood and Tirmidhi)
“Help your brother, whether he is an oppressor or he is an oppressed one. People asked, “O Allah’s Messenger (ﷺ)! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?” The Prophet (ﷺ) said, “By preventing him from oppressing others.” (Bukhari)
The fact remains that if a society turns so much conscious of human rights that it stops people from committing oppression and strives to defend the oppressed, the society will enjoy grand values.
The rights of weaker sections mentioned here are not mere pleasant-to-the-ear principles and doctrines, but rather they have been implemented in Islamic States for centuries together and these sections have benefited therefrom. Even if there occurred any case of violation of their rights, efforts have been made to protect them and create awareness in this regard.
In the present age, Islam is considered or presented as the religion of coercion, violence and bloodshed. Therefore, it is necessary that real teachings of Islam are made public and let the world be told that Islam is the protector and standard-bearer of human rights. As for protection of the rights of weaker sections, it holds distinction over other rules and regulations. It has played a very important, undeniable role therein.